Old nsf check

Dispute the validation! You are allowed to dispute any item with the collection agency that you think is not properly shown. The CA should get the details you requested before making further attempts.

If your debt is not sold to the CA, work out arrangements with the original creditor. They can accept payments from you. If this is done, the account will be pulled back and you won't need to deal with the CA.

I thought about sending a second letter to Alaska Financial and highlighting what is needed to validate the debt which they did not provide. Plus they didn't provide a copy of the check which if I'm not mistaken, don't they have to provide something like an original signature? I thought about calling the merchant and do it that way if I could and save me the fight for someone else.

Or ask for the routing and account number, the actual check number and if it was a post dated check or not. If it was done over the phone, nothing can be done legally about it. It is illegal to solicit post dated checks, and sometimes for consumer safety the origional company sends the information and keeps the actual check.

Beauty, I wasn't aware that it is illegal to solicit post dated checks...See, your info is helpful...

Hey Beauty, can you please explain what it means to solicit post dated checks? I have no idea.

What is the maximum that an organization can charge for recovery? I'm need to validate the debt but lets say it is a good debt. Doesn't $80 "reasonable handling fee" and 33.33% excessive? Oh yeah, there is also a $40 collection fee. What is the difference between all of those? Are they just making money hand over fist? If the debt is good, isn't it reasonable for me to just pay the prinicple and the NSF fee of $25.00?

that last one from guest was me. I wasn't logged in for some reason.

Guest I am trying to figure out what to tell you. PM FYI she is a member on this forum. She is very good at dealing with these issues. She will answer you. KYSIDE38

I'm assuming you're on your wife's account (or its a joint account), and that is the reason for the letters being sent to you?

Have you tried calling your bank to see if the check even cleared. Sometimes collection agencies will try to run the check again. A check can get run at least twice before being stamped with red ink.

What state are you in? I can check the allowed interest rate for you.

It's actually my wife's account. I wasn't on it. But I live in WA state which is a community property state and could ultimately affect me.

It's actually my wife's account. I wasn't on it. But I live in WA state which is a community property state and could ultimately affect me.

Here is a copy of the second DV letter that I will be sending them. It is more strongly worded than the previous one and asks for more information. My point is that in their response to my first DV, they did not provide sufficient DV documentation. Only a one page document that says YCCS forwarded the account to Alaska Financial. So in my opinion they have not validated the debt. Am I right? I hope others can get use out of this letter too.
Letter follows:
-----------------------------------------
In a letter to your organization from me dated November 17th, 2006, I was disputing the debt and asking for debt validation under the fdcpa. I received your letter postmarked November 30, 2006 regarding the above referenced account. In your letter mailed to my residence, you provided copies of two previous statements addressed to XXXXX (wife) and a statement from YCCS to your organization. I have included what is required for debt validation under the FDCPA to which I have not received the requested satisfactory documentation.
The Fair Debt Collection Practices Act (FDCPA) 1996 amendment included Consumer Credit Protection Act; Title VIII, sec. 809 of this act gives legal recognition to Debt validation. The law states that debt collectors are bound to issue a written notice consumer for debt collection, specifying the following:
??????? Specific amount of debt along with the name of the Creditor.
??????? A statement that unless the consumer dispute the validity of the debt within 30 days of receiving the notice, the collector will assume the debt to be valid.
??????? A statement that the debt collector will obtain verification of the debt or a copy of judgment against the consumer in case of debt dispute.
??????? A statement that consumer will be provided with the name and address of the original creditor, if different from the current creditor, on written request by the consumer within 30 days.
??????? A statement that the communication is from a debt collector attempting to collect debt and that information obtained will not be used for any other purpose than this.
??????? A proof that they are assigned to collect the debt by a creditor.
??????? Detailed payment history, starting with the original creditor.
??????? Copy of the original signed debt agreement or credit card application.
??????? Agreement with any of your clients that grants you the authority to collect on this alleged debt.
??????? Provide me with your license numbers and Registered Agent
??????? Show me that you are licensed to collect in my state
Again, if your offices fail to respond to this validation request within 30 days from the date of your receipt, all references and collection activities to this account must cease and any adverse information reported to the three credit bureaus must be deleted and completely removed from my credit file.
If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.


I would also like to reiterate, in writing, that no telephone contact be made by your offices to my home or to either places of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to consider legal action up to an including suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

It is only illegal to solicit post dated checks in the state of MA. It is also illegal to ask a debtor to send pmt via any way that will cost them money.. FedEx, Next Day, Western Union.. ect..

I had a check that I lost once. I had to close my accounts due to fradulent activity and I completely forgot about it. It found me, or rather I found it on my CBR a year later. I called the company asked them what it was about. They verified my account and ck# and I paid it after looking through my bank records making sure it didn't get reprocessed.

A collection fee is usualy valid along with a NSF fee you usualy get from merchants when a check comes back but a % rate I don't think is right. You would have actualy had to sign a contract or somehting for them to do that I think. Unless your state laws allow it. So you will need to look that info up.

FYI, Great information. Just a question I want to ask. Would it be illegal for these payday companies to ask for payment by western union etc.? You see so many post on here about they wont accept money orders. If they want there money bad enough I say let them accept money order. KYSIDE38

If you know what company the check was written to and you know that it bounced, pay the company directly including you states allowable NSF. Then when the check clears send a copy of the front and back of the check to the collection agency with a letter stating that this debt is paid. That should shut them up, you can ALWAYS deal directly with the original creditor. Good luck and keep us posted

Payday loan companies can ask for a WU in any state but MA. Some states will not allow you to do a WU by credit card over a certain amount though. I'll have to look those up.

As for paying by MO or WU, it's really your choice. They just try and make you think you don't have one.

Thanks FYI, Thats the way I see it to. If they want their money bad enough let them accept the money order. KYSIDE38

outlaw 8117 happy birthday and a very nice
year of 2007.
i have nfs in my favorites in my computer
and when i open i read your posts.very good
information,