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bad check collection


Jason
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:oops:I have a bad check collection on all three credit bureaus. Yes,I am ashamed to tell everone.:oops: This check is for two hundred bucks. I disputed it with the credit bureaus(all three);sent DV to the collection company;Account Brokers replied with a copy of my check.So naturally I send them a pay for delete letter. No reply. So I check the mail and I get a letter if I do not pay in 15 days they will sue me. The SOL for bad checks is six years here in Colorado. The check is from OCT. 2004. So I freaked out called and them. The lady said they will not take it off any of the three credit reports. I told her I would be in Monday to pay in full.I asked if I could speak to the manger to see if they would PLEASE take it off my credit report. She said the manager would say no and that the manager had already gone home.

Is there anything you can advise me on whenI talk to the manager? I do not want this on my credit report.

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Jason -

Are they charging fees and interest? If so, are they charging you less than the max. by state law? Check your state's laws regarding amounts of collection costs and interest that can be charged.

Chances are they're trying to threaten you into paying ASAP by telling you they're going to sue. Take it with a grain of salt.

Check out my thread titled "removing a collection account is Fraud"...I'm having the same sort of situation...found the CA is charging too much - i'm going after them.. you should be able to as well, if they're charging you more than that which is allowed by the laws of your state.

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My check was for $172.00 The colorado law on the Attorney Generals web site is below. Account Brokers is charging me $221.40. So they are charging me right I think. 172.00 x 20%=$34.40 So $34.40 plus $172.00=$206.40 and then add the $20.00 fee. So I think they actually charge me a few bucks more if they wanted to.Thanks for telling me all this though. You are awesome Amerikaner 83!:D I wish I could talk them into taking it off my credit report somehow.

Colorado Bad Check Law

Colorado law imposes significant penalties on bounced checks so it is important that you read all collection letters and act quickly. A business does not have to run a bounced check through your bank account twice and does not have to contact you directly for payment. You must pay the check amount, plus $20 if the business posted or contracted for an NSF fee, and the greater of $20 or 20% of the check amount as collection costs. This is in addition to your own bank charges.

On a $50 NSF check, you could owe a total of $90 - the $50 check, $20 to the business, and $20 to the collection agency. The collection agency must receive your payment of the total amount due no later than 15 days from the date the collection agency mailed you its collection notice (not from the date you received the letter). This may leave you only a few days to pay the full amount due. If you miss the 15 day deadline, the collection agency may sue you in court for 3 times the check amount plus attorneys fees and court costs. This usually adds at least $200 to the debt. A $50 NSF check could then cost $350 or more.

The bad check law may not apply if your check bounced because your paycheck did not clear or your bank made an error. In addition, if you stop payment on a check because goods you bought are defective, the bad check law is inapplicable.

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I would pay and then try and dispute it off....I would even try the BBB...seems stupid they could hold it on you for another 7 years...have them agree to remove it if possible...if not just keep disputing it...they will tire of answering to a paid account and may not update anymore.../

Good Luck

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:)++Thank you whocares and amerikaner83!

I just called the manger and they said she was gone for Thanksgiving. They put on this rude guy on the phone. He actually yelled at me.Which was shocking since I am paying in full on Monday and refused to bring myself to his rude level. Anyway he actually stated he could remove it from my credit report if he felt like it; but he won't because it was I who signed the check. So I got to thinking and looked them up on the internet. I called their other branch in Fort Collins CO. Asked for Scott M. Allely who runs that location. I actually got him on the phone. I complained that Dave the other guy I spoke to was yelling at me. Scott said he had never had a complaint about Dave. Scott said he has contracts with all three credit bureaus. Out of all three of them 2 require him to not remove account after they are paid in full and one credit bureau really doesn't care. I said which one doesn't care?! Then delete my account from that one at least please! He avoided my question naturally, and said pay it and we'll see what I can do. So I told him I would pay Monday. He said to make a statement to the credit bureaus and DO NOT DISPUTE it.They will report it paid and send me a receipt in the mail. Then he said again to make sure I made a statement to the credit bureaus- all three.

To tell you guys the truth I doubt they will remove it. But why is he telling me to make a statement to the credit bureaus and not to dispute it? Is it because like whocares said they will get tired of my dispute?

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don't make a statement. I think he's telling you that if you pay, THEN DISPUTE IT, they "may not be able to respond in time", and it gets deleted.

:DOk thank you. I pay Monday.When should I dispute; Monday the same day? But what should I put on the dispute why I am disputing?

PS.

He made me leery telling me repeatedly to make a statement!

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I would dispute the same day or the next, personally. "not mine".

You can always ask him again *hypothetically Sir, if you were to receive a dispute on this account, would you take the immense amount of time required to respond to it or just not bother*....if you want to be sure...but I think he's trying to beat around the bush, you should be fine IMO

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I have read in a newsletter that I get that making a statement is not good because you wind up convicting yourself and it is your own words that do it so the cA and the CRA's love it when you make a statement.

Blessings

Moriah

Interesting Moriah! Thanks for the info!:)

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I would dispute the same day or the next, personally. "not mine".

You can always ask him again *hypothetically Sir, if you were to receive a dispute on this account, would you take the immense amount of time required to respond to it or just not bother*....if you want to be sure...but I think he's trying to beat around the bush, you should be fine IMO

Sounds good to me! Thank you!:D

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Think carefully before you pay. DV then Dispute. I had 2 on my reports that are now GONE. Both, over $400 each! :mrgreen: The CA's never responded to the DV, but when I disputed with the CRA's, they were deleted.

I did DV and they had a copy of my check. So I have to pay. Right?

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  • 3 months later...

I had an email from a fellow member so I figured I should update all off you real quick.

I paid the check. They updated all three credit reports as paid. I begged for a delete and was denied. I emailed higher ups and was ignored. I disputed twice with each credit bureau and they all came back verified.

I will just keep disputing until it is removed I guess, but at the same time spread out the disputed over a two month period so the credit bureaus don't alienate me.

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I understand that you would like this removed from your credit histories and there is nothing wrong with asking but one bad debt which has been paid showing on your reports is not the end of the world.

I'd also say it's likely that as time passes, it's going to become easier to get it reomoved because the reported may eventually loose inteest in reporting a paid debt.

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I also read that as time passes and you dispute with the CRA's, it may possibly be deleted because the collection agency might not keep records for a long period of time on paid accounts. I wanted to add to what Robert_Nashville stated for other CIC members out there.

Good luck to all of you! I will update if this paid account is removed.

PS.

How to get off ChexSystems

http://www.badcreditinfo.com/how_to_get_off_chexsystems.htm

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