mylumnad Posted March 13, 2011 Report Share Posted March 13, 2011 Hello,I live in Kane County, IL. To keep the post brief, I have attached the documents that I would like feedback on. Basically I had some concerns with possible mathematical errors on my Chase statement. I send a dispute letter to Chase bank regarding the issue. They never responded. After 30 days, I sent a settlement check with restrictive endorsement. They cashed it. I have not heard a single thing from them at all. I am going to stop paying and I assume I will be sued down the road. I would love some feedback/advice. ThanksMILLHEIMDLE.txtMILLHEIMSLE.txt Link to comment Share on other sites More sharing options...
mylumnad Posted March 19, 2011 Author Report Share Posted March 19, 2011 Anyone? Please? Link to comment Share on other sites More sharing options...
Thisisit Posted March 19, 2011 Report Share Posted March 19, 2011 Why did you send them a check? They did not respond to your dispute. You could have sued them. Actually, it still may not be too late. You may be able to sue if you dispute a debt, and they fail to report it as disputed to the credit bureaus. Check with the bureaus and see if they reported as disputed. Check on this. I sued OC for this and tradeline was deleted. Link to comment Share on other sites More sharing options...
BV80 Posted March 19, 2011 Report Share Posted March 19, 2011 I'm not from Illinois, nor am I an attorney, but here's my advice. Contact a consumer attorney. Most attorneys give free consultations. Make an appointment and take in copies of everything. He/she will be able to tell you exactly what to do and what to expect. If you have to pay for an extra 30 minutes or hour of his/her time, I believe it would be money well spent. Link to comment Share on other sites More sharing options...
donqII Posted March 19, 2011 Report Share Posted March 19, 2011 Hello,I live in Kane County, IL. To keep the post brief, I have attached the documents that I would like feedback on. Basically I had some concerns with possible mathematical errors on my Chase statement. I send a dispute letter to Chase bank regarding the issue. They never responded. After 30 days, I sent a settlement check with restrictive endorsement. They cashed it. I have not heard a single thing from them at all. I am going to stop paying and I assume I will be sued down the road. I would love some feedback/advice. ThanksI have a question....The address you used for your correspondence . Was this to the address onthe front of your billing statement or was this to the customer servicedepartment located elsewhere on the billing statement?If the later, that is good.... if the first there will be trouble. The later requires someone actually handling the correspondence and readingwhat it is. I assume they did cash your check????? You want your bank to send you they physical check.I could not read your restrictive endorsement. What specifically does it say.Did you say by cashing this check you agree to these terms?If you did and they endorsed it and cashed it then they did accept your terms. Will be a good defense if they sue.I am just curious as to where you got this idea from. Are you familiar with CMS? It is not important but was through them that I learned a lot on restrictive endorsements. Link to comment Share on other sites More sharing options...
mylumnad Posted March 19, 2011 Author Report Share Posted March 19, 2011 Thanks for the replies. I never realized that they didn't acknowledge the original dispute (Per FCRA) letter so that is probably more ammo so to speak. I sent a settlement check becuase once they never responded I figured them cashing it was tacit approval/acceptance of the claims I had. In the cardmember agreement it says that they don't accept RE checks. However I find it odd that they also have this on my statement every month. "If you make a payment marked as paid in full or indicate that it is to pay all amounts you owe us, you must send that payment to the special address on the back of your statement.That address is called the "Conditional Payments" address. We may accept a conditional payment and not agree that it pays all amounts you owe on your Account. Also, we mayreturn a conditional payment to you and you will still owe us the amount of the paymentor any other amounts owed on your Account."I assume they will argue that they didn't agree that is settled the account. Link to comment Share on other sites More sharing options...
mylumnad Posted March 19, 2011 Author Report Share Posted March 19, 2011 (edited) I have a question....The address you used for your correspondence . Was this to the address onthe front of your billing statement or was this to the customer servicedepartment located elsewhere on the billing statement?If the later, that is good.... if the first there will be trouble. The later requires someone actually handling the correspondence and readingwhat it is. I assume they did cash your check????? You want your bank to send you they physical check.I could not read your restrictive endorsement. What specifically does it say.Did you say by cashing this check you agree to these terms?If you did and they endorsed it and cashed it then they did accept your terms. Will be a good defense if they sue.I am just curious as to where you got this idea from. Are you familiar with CMS? It is not important but was through them that I learned a lot on restrictive endorsements.The address I sent the dispute letter to was the address where my statement said I should send "billing errors" to. The restrictive endorsement states: "Endorsement and deposit of this negotiable instrument constitutes, under Illinois Uniform Commercial Code Section 3-311, your acceptance of this check as final payment in full and complete satisfaction of our disputed debt as set forth in the prior letter to you dated 1-20-11." Edited March 19, 2011 by mylumnad Link to comment Share on other sites More sharing options...
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