Collection Agency Presents Postdated Check Early

[jlscared]

Hi... I've been working with a collection company for several months & they have been really great to work with. However, this month they presented my postdated check early. They have admitted this was their fault & told me they would send me a check back immediately. Is there anything else I can do or should do? Thanks.

[Donna47129]

They have violated FDCPA 808 Section.

Use this as leverage to your advantage. Point out their violation, tell them that it caused you harm and that to be fair you now request a deletion of the line from the CRAs. You don't have to be mean about it, since you imply that you get along with them...just use their violation to help you.

[Robert Nashville/Savannah]

They have violated FDCPA 808 Section.

Use this as leverage to your advantage. Point out their violation, tell them that it caused you harm and that to be fair you now request a deletion of the line from the CRAs. You don't have to be mean about it, since you imply that you get along with them...just use their violation to help you.

What leverage and to do what? The OP apparently knows he/she owes the debt and is already paying it so what is there left to do but continue paying?

Any sort of threat to sue the CA over one violation would likely cause more harm than good and simply isn't worth pursuing anyway.

What the OP needs to do is politely refuse to do any more post-dated checks. Also this account needs to be closed and new accounts opened OR if the OP still wants to use checks to pay, open new accounts but leave this account open but put only enough money in it to clear the CA's check when it's time for the CA to present the check.

Just for the sake of new people; NEVER, NEVER, NEVER, NEVER use a personal check to pay a CA, post-dated or otherwise.

[LeslieR]

I totally agree with Robert. I would not make any demands/requests of this CA other than to pay by money order (I would not even send a CA a personal check) monthly.

[betam4x]

What leverage and to do what? The OP apparently knows he/she owes the debt and is already paying it so what is there left to do but continue paying?

Any sort of threat to sue the CA over one violation would likely cause more harm than good and simply isn't worth pursuing anyway.

What the OP needs to do is politely refuse to do any more post-dated checks. Also this account needs to be closed and new accounts opened OR if the OP still wants to use checks to pay, open new accounts but leave this account open but put only enough money in it to clear the CA's check when it's time for the CA to present the check.

Just for the sake of new people; NEVER, NEVER, NEVER, NEVER use a personal check to pay a CA, post-dated or otherwise.

Hi Robert, I'll have to disagree with you here. The CA BROKE the law. Regardless of him owing the debt. He was making a good effort to pay it back and they started messing with him. If it were me I would sue for the violation. I'd still pay back whatever I was obligated, but I would sue or at least settle for a deleted trade line.

Failure of people to exercise their rights is the reason that most companies find it easier to not follow the law. Whats the use of following strict laws if you can make MILLIONS by not. Since the FDCPA damages are limited to $1,000, if i lose $1,000 + fees but make millions on hundreds of thousands of other people, I'd chalk it up as the cost of doing business.

If everyone exercised their rights then we'd see situations like this happen far less often.

[Donna47129]

By "leverage" I mean that the CA may think he may sue, that's all.

I'm not saying to sue, I'm saying that they CA might conclude that and say they will delete for the trouble they caused.

I would not sue anyway for one violation. I've had one particular CA violate 3sections, and I didn't sue. They went off my report, which is all I wanted.

[Robert Nashville/Savannah]

I know the CA broke the law but suing a CA on one violation would be a fool's errand.

Keep in mind that the maximum award is $1K and that's assuming you can get a judge excited enough about it to even listen; let alone find in the plaintiff's favor...that's also assuming that the CA can't successfully raise the error defense.

Also, if the CA is going to make the OP whole, as it seems they are, there is even less for a judge to get excited about.

[Robert Nashville/Savannah]

By "leverage" I mean that the CA may think he may sue, that's all.

I'm not saying to sue, I'm saying that they CA might conclude that and say they will delete for the trouble they caused.

I would not sue anyway for one violation. I've had one particular CA violate 3sections, and I didn't sue. They went off my report, which is all I wanted.

The OP didn't say anything about this being on his/her credit reposts.

In any case, there is only "leverage' if the CA actually cares about being sued and believes the OP would do so - I doubt you'll find very many CAs that would care or take any such threat seriously.

[Donna47129]

The OP didn't say anything about this being on his/her credit reposts.

In any case, there is only "leverage' if the CA actually cares about being sued and believes the OP would do so - I doubt you'll find very many CAs that would care or take any such threat seriously.

I have found about 60% of the CAs I have dealt with taking my threats seriously, including 1 attorney that vacated a judgment when I only had them on one violation, (the atty was acting as CA-but they were a real atty), so it would not hurt to try, that's all I'm saying.

To turn things around, what would it hurt? If the OP has a provable payment arrangement, the CA can do nothing in retaliation to the OP if he brings up the violation.

So this brings up the questions to OP:

How much more do you owe?

Does the CA have anymore post-dated checks?

Do you have a written payment arrangment?

Is this being reported on your CR?

Have you defaulted in anyway on any arrangement with the CA?

All this info would help to let you know if it would hurt to bring up their violation.

I'm sure the OP would not have posted if they weren't thinking of using this violation in the first place, but the above does matter.

[Robert Nashville/Savannah]

What is might "hurt" is damaging what appears to be an otherwise decent relationship between the OP and the CA.

[Donna47129]

What is might "hurt" is damaging what appears to be an otherwise decent relationship between the OP and the CA.

I see your point, however, personally, I would rather an item disappear from my report than to be buddies with a CA...this is ONLY assuming this is on the OP's report, if it's not, there is no need to do anything.

Of course, this is MHO.

[Robert Nashville/Savannah]

I see your point, however, personally, I would rather an item disappear from my report than to be buddies with a CA...this is ONLY assuming this is on the OP's report, if it's not, there is no need to do anything.

Of course, this is MHO.

Well, I don't have a problem with accurate, negative information being on a credit report assuming anything is there.

[Donna47129]

Well, I don't have a problem with accurate, negative information being on a credit report assuming anything is there.

But to be fair, not all negative lines are reported by all CAs, so you might have someone that "really" has 40 bad TLs and only 15 are reporting, or you have someone who has 15 bad lines and all are reporting.

So if not everyone's bad stuff is being reporting, which it isn't, then I personally will use any violation that i can to get a negative line deleted.

This whole website is about this stuff, it even guides you to "Pay for Deletes". What does a Pay for Delete do, it deletes a NEGATIVE trade line.

[Robert Nashville/Savannah]

But to be fair, not all negative lines are reported by all CAs, so you might have someone that "really" has 40 bad TLs and only 15 are reporting, or you have someone who has 15 bad lines and all are reporting.

So if not everyone's bad stuff is being reporting, which it isn't, then I personally will use any violation that i can to get a negative line deleted.

This whole website is about this stuff, it even guides you to "Pay for Deletes". What does a Pay for Delete do, it deletes a NEGATIVE trade line.

When you can show me where in the FCRA it states that a consumer is entitled to a "good" credit report, then I'll change my mind.

There are people on this site who see nothing wrong with doing pretty much anything, illegal, immoral or otherwise, in order to obtain the perfect FICO score; but if you think that's what this forum is about then I would suggest that you have a very skewed view of the forum.

I might also add that when offering a poster advice or recommending a course of action; it isn't a bad ides to spend a few moments reading some of the OPs prior posts/threads...I don't do so every time but I did in this case and while I mean no disrespect to the OP, his/her prior posts didn't leave me with the impression that this poster is going to successfully go toe-to-toe with a CA or drag someone's a$$ into court and come out of such a confrontation in better shape than he/she was going in; that mindset can work for some people but it certainly doesn't work for everyone.

Not every hill is worth taking and certainly not every hill is worth dying for.

[Donna47129]

When you can show me where in the FCRA it states that a consumer is entitled to a "good" credit report, then I'll change my mind.

There are people on this site who see nothing wrong with doing pretty much anything, illegal, immoral or otherwise, in order to obtain the perfect FICO score; but if you think that's what this forum is about then I would suggest that you have a very skewed view of the forum.

Geez, now you're saying that by using a VIOLATION and asking for a deletion that I'm immoral??

Wow, all I can say is wow.

I posted my opinion and you quoted me, that's all I will say.

Creditinfocenter, you must delete your section now on Pay for Delete, you immoral website you!

I'm just glad that there are posters such as yourself that are here to "help" us immoral folks. Thanks.

[Donna47129]

The secret profitable weapon to use in repairing your credit. Consumers are being hurt right and left by the carelessness of Creditors, Credit Bureaus and unethical practices of Collection Agencies. By pointing out these violations, you can make them back down and remove negative entries. Fight back! The law specifically allows you can take these losers to court and win money! Wouldn't you like to use the money you win from your creditors to pay off your debts?! One man won $9,000 from debt collectors using our eBook. Another just won $1,500. Another won a little over $5000. Look at the case that the Federal Trade Commission used against the collection agency CAMCO. Many of the violations we list here were cited!

This is under the Section entitled "Sue Your Creditors" ON THIS VERY WEBSITE. Please review the highlighted above and tell me who has the "skewed view" of this forum.

[Robert Nashville/Savannah]

Geez, now you're saying that by using a VIOLATION and asking for a deletion that I'm immoral??

Wow, all I can say is wow.

I posted my opinion and you quoted me, that's all I will say.

Creditinfocenter, you must delete your section now on Pay for Delete, you immoral website you!

I'm just glad that there are posters such as yourself that are here to "help" us immoral folks. Thanks.

You're welcome.

Unless you are of the mindset I was discussing, you have no reason to be insulted. Of course, if you choose to be insulted anyway, that's up to you.

It's amazing how you can take what I've said about PFDs (which as a matter of record is nothing at all in this thread) and attempt to use the imagined comments in order to show that, in your mind at least, that I'm being inconsistent with the philosophy of the forum.

Of course, why should I be surprised by your imagination; this discussion is mostly predicated on your assumption that the CA the OP is dealing with is reporting anything at all to the credit bureaus and a further assumption that just because you care about such things, the OP should as well!

You seem intent on turning what is probably a simple (and likely already corrected) mistake into a war - not every one is of that mindset nor should they be...since you seem to be so intent on exploiting every violation, real or imagined, large or small, I wonder just how many times you've stood in a court room, argued your case and walked out a winner???

It's very easy to threaten lawsuits and encourage other people to do so if you've never had your lunch (and probably your a$$ as well) handed to you by a judge who didn't care about your technically correct argument or was too stupid to follow it.

[Donna47129]

You are truly too much!

Yes, you are right, I "imagined" that you were meaning me.

What's more amazing is that I am allowed to give my opinion to the OP, which I did and is still what I recommend, as is what is recommended by the website for violations, and you would continue to scrutinize what I post and then try to act like I don't know what you are insinuating.

When I bring up a Pay For Delete, well, you know what, if you don't know the reason why, I don't need to explain it to you because apparently it's over your head.

You apparently can't deal with anyone that doesn't think like you.

If I leave a post, its my opinion. Guess what? I have never quoted someone and argued with them...why do you? Must be SPS compensation. Whatever, go to Tootsies and get a beer and chill and leave me to my opinions, thanks.

[Robert Nashville/Savannah]

You are truly too much!

Yes, you are right, I "imagined" that you were meaning me.

What's more amazing is that I am allowed to give my opinion to the OP, which I did and is still what I recommend, as is what is recommended by the website for violations, and you would continue to scrutinize what I post and then try to act like I don't know what you are insinuating.

When I bring up a Pay For Delete, well, you know what, if you don't know the reason why, I don't need to explain it to you because apparently it's over your head.

You apparently can't deal with anyone that doesn't think like you.

If I leave a post, its my opinion. Guess what? I have never quoted someone and argued with them...why do you? Must be SPS compensation. Whatever, go to Tootsies and get a beer and chill and leave me to my opinions, thanks.

Right...you NEVER argue.

[Donna47129]

Right...you NEVER argue.

You are finally right!!! I take that back, I will argue with those who insult me, I do stand corrected your heinous, I mean highness.

[jlscared]

wow...this got long... but here's some more info. from the questions posed to me....

I owe 4700 - I've been working with this agency since Feb. I haven't defaulted on my arrangements at all.. i do have post-dated checks with them still, however the rep told me for my inconvenience, they would destroy the pmt that should've been for the end of the mth, thus i won't be making a pmt this month, which hopefully doesn't get me into trouble....the original creditor is chase & this is the first collection agency this card went to. I appreciate the feedback... In speaking with another individual, they told me to approach a lawyer & i don't know if i should or not.... i'm not good at stressful situations, but i appreciate your feedback ...

[Donna47129]

Hey OP, glad you didn't get scared away! lol

Do you have the arrangement in writing and is this reporting on your CR?

Are they crediting the payment for this month or making you pay it later?

[jlscared]

I never received anything in writing, except I usually get a letter before my pmt is withdrawn, of course not this time as of the error. I do know that my pmts are being credited to the original creditor because I call every month... I'm paranoid about paying agencies.... The collection agency isn't crediting me for this pmt, unfortunately... I'll have to pay the amount later... like i said, i just don't know if I should push this or not... am i a fool if i don't? thanks for sticking around!!! i'm also looking for the link you mentioned earlier.

[Donna47129]

I wonder just how many times you've stood in a court room, argued your case and walked out a winner???

Well...since it was asked.

I have filed and won two child custody cases, one for me and one for my DH. I have also had 2 attorneys vacate previous public records, at their expense. And, I have had at least 3 or more pay for deletions, the vacates and pay for deletions were due to violations (most cases, for just one). So, with the attorneys on the collection accounts I never had to go to court, because they caved.

Of course, I could be blowing smoke, however, with a fax number or email address I'll be happy to prove the following to the original person wanting to know how many times I have won my cases.

Upon proof that I do know what I'm talking about I would expect a post of same.

Sorry...just wanting to prove that I HAVE won my cases in court, pro se, all by my little self. (With guidance and assistance from CIC on some cases-thanks!) But with my own research on the child custody issues. And no, I have/had no legal background...my major was accounting.

Not trying to "toot my own horn", but when I'm called out I'm called out.

[Donna47129]

Are they reporting on your Credit Report?