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Post dated checks requested by collector


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Hi all,

Newb here. Got some problems with a collector and need some advice.

Collector wants me to send 2 post dated checks, one check 10 days in advance. The other 39 days in advance. I legitimately owe the balance and agreed to pay it by post dating the 2 checks (paying the debt in full) but after reading several posts on various forums and reading more in the FDCPA it appears this may be an unsafe practice. It appears they legally can't ask for more than 5 days unless they notify me in writing of their intent to deposit them within 3 to 10 days prior. I asked the collector (National Credit, Inc.) if they would notify me and they said they don't waste their time with such things. So I offered to pay by certified check or money order on the given dates and they got nasty and said they had to have these 2 post dated checks overnighted and that they wouldn't deposit them early. They also said to write something like "NOT VALID UNTIL POST DATED DATE" above the date and this would prevent any bank from cashing it, anyway.

Is this a legal practice? Can they force me to use post dated checks this far ahead without written intent? I'm afraid they'll deposit them early, repeatedly deposit them, or even worse, try to draw even more than the debt owed if given my account info.

Thanks in advance. :confused:

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I've never done this myself, but from what I've read around here, I think they just need your account number and after that, it's all over but the shouting! I wouldn't do it. I would do like you were saying - send a money order or cashiers check on the dates you agreed to. They can get as mad as they want to but I wouldn't send them anything post dated. JMHO

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Hi all,

Newb here. Got some problems with a collector and need some advice.

Collector wants me to send 2 post dated checks, one check 10 days in advance. The other 39 days in advance. I legitimately owe the balance and agreed to pay it by post dating the 2 checks (paying the debt in full) but after reading several posts on various forums and reading more in the FDCPA it appears this may be an unsafe practice. It appears they legally can't ask for more than 5 days unless they notify me in writing of their intent to deposit them within 3 to 10 days prior. I asked the collector (National Credit, Inc.) if they would notify me and they said they don't waste their time with such things. So I offered to pay by certified check or money order on the given dates and they got nasty and said they had to have these 2 post dated checks overnighted and that they wouldn't deposit them early. They also said to write something like "NOT VALID UNTIL POST DATED DATE" above the date and this would prevent any bank from cashing it, anyway.

Is this a legal practice? Can they force me to use post dated checks this far ahead without written intent? I'm afraid they'll deposit them early, repeatedly deposit them, or even worse, try to draw even more than the debt owed if given my account info.

Thanks in advance. :confused:

Any chance of working with the OC on this? No way would I send any personal check to a CA, post dated or otherwise. Money doesn't spoil despite what CA's want you to think. Overnighting post dated checks is a joke. If you indeed are forced to work with the CA, send them money orders. Did they tell you how they would report this after you paid?

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NEVER, EVER send a CA a Check; Postdated or otherwise!!!

NEVER, EVER send a CA a Check; Postdated or otherwise!!!

NEVER, EVER send a CA a Check; Postdated or otherwise!!!

I hope I’m not being unclear!

You NEVER want to make is possible for someone to have electronic access to your checking and/or savings accounts (whether you intended to do so or not) when you are in an adversarial situation and the is ESPECIALLY true when dealing with a collection agency.

REGARDLESS of what THEY want, when it’s time to make a payment, use a money order and send it by mail (I’d recommend CMRRR or at least have some proof of delivery) and before that, make sure whatever you and the CA have agreed to has been put into writing and signed by the CA.

If they are unwilling to do that then DON’T SEND THEM A PENNY!

I’m assuming, of course, that you’ve already properly vetted this CA and you KNOW that they have the legal right to collect on behalf of the original creditor/current debt owner???

If not…you need to do that before anything else.

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Yeah, I've tried but they want me to deal with the 3rd party. I agreed to give them 30% by end of this month and the remainder by end of next month, but they say the only thing they will accept is the post dated checks. AND, I have to send them overnight and call back with the tracking numbers. Just afraid of the unknown if I don't send them. They scare the crap out of me! I know thats how they work but I'm not sure what they can do legally if I wait to send a money order or certified check.

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Ah, "vetted"! Checked them out. Yes, this is a legitimate debt I owe. $3900

Properly vetting a CA is much more than just knowing it’s your debt.

Essentially a consumer should always go through the debt validation (DV) process because it is the ONLY way you can protect/enforce your rights. For the most part, what you need the CA to prove to you depends on what you already know or don’t know (not what you think your know or what you assume but what you actually KNOW).

At a minimum, that would usually be proof of the relationship between the CA and the OC so that you know that this CA has the legal right to collect this debt on behalf of the OC.

You need to know that this CA has the legal right to operate in YOUR state (requirements vary from state to state).

If you short-circuit the steps, you have ZERO assurance that the money you are sending will actually get to the OC.

Also, only you can choose to not be intimidated by their tactics – what they WANT you to do is immaterial; you need to decide to either control the process or the process will control you.

I would strongly encourage you to spend some time reading some of the “sticky” posts on this forum as well as some of the other posts before you do anything else.

P.S.

Their “further action” will probably be for the mindless robot you’ve been speaking with to pass the account to the mindless robot in the next cubicle!

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Take a minute and figure out your best options.

Since you do owe the money, try to work the situation to your advantage before you pay especially since its a CA.

Is the account being reported on your CR?

If so, see if you can get a PFD.

Are you paying the entire balance or getting a discount? I would again try to see if you can work the terms with the OC and then make the payment (if they require) to the CA. I did a PFD like that where the OC agreed to a PFD but they wanted me to send the m.o. to the CA. I did but I made it payable to the OC and the accounts were removed.

Hope that helps and

Good luck

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FDCPA SECTION 808

2)The acceptance by a debt collector from any person of

a check or other payment instrument postdated by more

than five days unless such person is notified in writing

of the debt collector’s intent to deposit such check or

instrument not more than ten nor less than three business

days prior to such deposit.

(3) The solicitation by a debt collector of any postdated

check or other postdated payment instrument for the

purpose of threatening or instituting criminal prosecution.

(4) Depositing or threatening to deposit any postdated

check or other postdated payment instrument prior to

the date on such check or instrument

Once you give them a check they got yer financial info and they will use it to know when you got some cash.

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Their “further action” will probably be for the mindless robot you’ve been speaking with to pass the account to the mindless robot in the next cubicle!

My thought exactly. I guess I'm just jaded because when I read that I thought, "Woo-hoo, they're sending it for further action. Gosh, I'm just shaking in my boots." I had these dumba@@ collectors who were calling me twice per day maybe five weeks ago threaten me with that. Their further action: They took a couple of weeks off and now different drones are calling me.

They said: "You don't want us to have to send you a letter about this." I thought, "Oh, no, not a letter" (ominous music). I said, "Yes, please send me a letter explaining who you are and what account you are alleging is mine."

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They said: "You don't want us to have to send you a letter about this." I thought, "Oh, no, not a letter" (ominous music). I said, "Yes, please send me a letter explaining who you are and what account you are alleging is mine."

God, it's just so nice to be able to know your rights!

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God, it's just so nice to be able to know your rights!

I know. I was pretty feisty before especially when I knew that I had no darn money to pay people and the only people in PA who apparently have the power to garnish your wages are the government and student loans (this I found out from experience :oops:). When I was young(er) and foolish I did tell some collectors to go pound sand. Now I'm more circumspect and polite, but it's essentially the same thing.

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i've been reading this stuff for three years now..and what did i do? i gave my account info to the ca for cap one and the ca for target. they set up "post dated payments". they already sent me the notice with permit numbers and all. and they are not reporting to the cra's. i'd already talked to the big wigs at both oc's and they said i'd have to go through the ca's. however slash comma i gave them account info on a checking account i don't use and don't mind closing if they try any crap. unless its a hole in the wall bank that you bank with..most will cover fraudulent account activity. i guess it's according to who the ca is and what steps you have gone through at that point. anyway..:?

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i've been reading this stuff for three years now..and what did i do? i gave my account info to the ca for cap one and the ca for target. they set up "post dated payments". they already sent me the notice with permit numbers and all. and they are not reporting to the cra's. i'd already talked to the big wigs at both oc's and they said i'd have to go through the ca's. however slash comma i gave them account info on a checking account i don't use and don't mind closing if they try any crap. unless its a hole in the wall bank that you bank with..most will cover fraudulent account activity. i guess it's according to who the ca is and what steps you have gone through at that point. anyway..:?

That's all well and good if you never use the account for anything but to service these ageements and never leave money in the account that they aren't already supposed to have access. But I wouldn't do it even then and I'd certainly never do it with an account that I use for my normal, day to day needs.

Yes; banks will conver fraudulant activity - but that often takes a lot of hassle and time and guess what, signed agreements notwithstanding, if you owe a debt being collected by a CA and they take it all in one shot - good luck getting THAT money back.

Debtor: Mr. Judge.; they took $3,000 from my checking account in one withdraw after they promised to take in out in 10 equal monthly installments.

Judge: Did you owe the $3,000?

Debtor: Yes.

Judge: Then everything is settled...next case.

Now before everyone starts yelling about FDCPA violtions and banking issues I already know about that...my point is that giving a CA access to your bank account(s) is setting yourself up for a LOT of potential headache and hassle and even if you prevail in the end, why would you want to do that to yourself when it is so very simple to prevent it from happening in the first place???

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