FDCPA/VOD Problem?

Background-I disputed the balance of an account with a CC company, and recieved no reply. Notice of default was sent with instructions on how to cure the default, again, no reply. Both items sent to proper address, registered and return reciept requested-[returned with signature]. I sent a check for the final payment-the amount according to my records, with the notation on front and back [in addition to a sticky note]..."for satisfaction and accord of account # XXXX-XXXX"{as per the UCC}

Possible problem-The check cleared my bank, and when I went to get a copy of the check, they stated it was an ACH transaction, and provided me with a paper listing the information about the transaction, and stated the check was destroyed by the payee after it cleared my bank.

My concern is that without a copy of the check, the only proof of the 'Satifaction and Accord" statement I placed on the check rests with the 'carbon copy' in my checkbook.

Is this something for me to be concerned about, or is my 6 sufficently covered with the other letters?

Comments welcomed.
Greg 2

[idknow]

Originally Posted by Greg 2

Background-I disputed the balance of an account with a CC company, and recieved no reply. Notice of default was sent with instructions on how to cure the default, again, no reply. Both items sent to proper address, registered and return reciept requested-[returned with signature]. I sent a check for the final payment-the amount according to my records, with the notation on front and back [in addition to a sticky note]..."for satisfaction and accord of account # XXXX-XXXX"{as per the UCC}

Possible problem-The check cleared my bank, and when I went to get a copy of the check, they stated it was an ACH transaction, and provided me with a paper listing the information about the transaction, and stated the check was destroyed by the payee after it cleared my bank.

My concern is that without a copy of the check, the only proof of the 'Satifaction and Accord" statement I placed on the check rests with the 'carbon copy' in my checkbook.

Is this something for me to be concerned about, or is my 6 sufficently covered with the other letters?

Comments welcomed.
Greg 2

All I can think of is to tell the bank that you demand all original check-paper be returned to you and quote some UCC section which desribes the importance of such paper so that they know you arent kidding.

[charlesa6]

Originally Posted by Greg 2

Background-I disputed the balance of an account with a CC company, and recieved no reply. Notice of default was sent with instructions on how to cure the default, again, no reply. Both items sent to proper address, registered and return reciept requested-[returned with signature]. I sent a check for the final payment-the amount according to my records, with the notation on front and back [in addition to a sticky note]..."for satisfaction and accord of account # XXXX-XXXX"{as per the UCC}

Possible problem-The check cleared my bank, and when I went to get a copy of the check, they stated it was an ACH transaction, and provided me with a paper listing the information about the transaction, and stated the check was destroyed by the payee after it cleared my bank.

My concern is that without a copy of the check, the only proof of the 'Satifaction and Accord" statement I placed on the check rests with the 'carbon copy' in my checkbook.

Is this something for me to be concerned about, or is my 6 sufficently covered with the other letters?

Comments welcomed.
Greg 2

Copy from the bank will be sufficient to show you already paid them.

[Judge Roy Bean]

Originally Posted by Greg 2

Background-I disputed the balance of an account with a CC company, and recieved no reply. Notice of default was sent with instructions on how to cure the default, again, no reply. Both items sent to proper address, registered and return reciept requested-[returned with signature]. I sent a check for the final payment-the amount according to my records, with the notation on front and back [in addition to a sticky note]..."for satisfaction and accord of account # XXXX-XXXX"{as per the UCC}

Greg 2 - there's been some discussion about these issues before in other threads, but to make a long story short, the payment processing center (lock box company) doesn't have someone reading what you write on the check and a sticky note accompanying it would be stripped off and thrown away. Thousands of checks go through those highly-automated places every minute of the day.

Secondly, there's plenty of case law that negates anything you write on the check as some kind of forced agreement upon the recipient/creditor.

Originally Posted by Greg 2

Possible problem-The check cleared my bank, and when I went to get a copy of the check, they stated it was an ACH transaction, and provided me with a paper listing the information about the transaction, and stated the check was destroyed by the payee after it cleared my bank.

My concern is that without a copy of the check, the only proof of the 'Satifaction and Accord" statement I placed on the check rests with the 'carbon copy' in my checkbook.

Is this something for me to be concerned about, or is my 6 sufficently covered with the other letters?

Comments welcomed.
Greg 2

There will be a computerized image of the check that can be produced, however, again - nothing you write on it has the effect of obligating the endorser to anything.

Also, notifying them that they are "in default" is meaningless unless you proceed with a lawsuit and get a court to agree with you that they owe you something. Since their agreements are so one sided in their favor, it is highly unlikely there is a cir***stance under which they can default.

[KITCHIE]

Hey Greg 2!!

I always deal with the General Counsel of whatever company. Those hard working people in the trenches don't know about any of this.

So I always send certified mail to the General Counsel and a COPY to the un-named PERSON who sent me whatever in the mail.

I believe it is working very well this way. My problems with my CR are going away. When I sent Sherman Financial's General Counsel my VOD letter (and a copy to the Sherman company who sent me the DC letter), Sherman Financial propmtly sold the account back to the Las Vegas DC attorneys they bought it from! Ha Ha Ha.

This might cause some of you to chuckle.

I received a call from the LV DC attorney's office and the woman said "We have the account back from Sherman so you will be dealing with us again". I said Oh your now a third party debt collector, so just put whatever you want to tell me and I will resopond" And she goes "We're not debt collectors we're attorneys! I said "Thanks for calling. Bye now and hung up.

So just last week I got a letter that starts "This is the balance on your account as you requested."

Sorry I got a little off topic Greg 2.

[Shoonra]

Presumably the bank has your check on some sort of scanned image storage, so it can be seen from the print-out about your accord & satisfaction notation.

I think in a previous message I had emphasized that this notation must be clearly readible in order to have any legal weight.

It may be more important to mention that writing that sort of thing on a check does not force the creditor to accept partial payment as an alternative to no payment at all. You could write that note on the check you send him, and then he could cross out your note and add his own, and then deposit or cash the check for its face amount ... and you would still owe him the rest. His notation would say something like "Payment on Account" or "Under Protest" or "Without Prejudice" -- and that would defeat your attempt to whittle down the total amount owed; see UCC sec 1-207. AFC Interiors v. DiCello (Ohio Supm. 1989) 46 Ohio St.3d 1, 544 NE2d 869, 9 UCC Rptg Serv.2d 1181.

Thanks for the thoughts, opionions and reply's. I suspect Judge Roy Bean's observation is on target, in that any information on the check is not read nor acted upon by the payment processing companies. As to a copy of the check still existing, I will wait until I recieve my monthly statement from the bank to see if an image of the check was made. Right now all my bank has is the data from the ACH transaction, [but I still have the duplicate in my checkbook, as well as copies of the correspondance sent them with signatures on the PO Return Reciept.]

I expect to recieve future demands from them, but until then I will rest,.... no, corrrection, I will continue learning from the wonderful people on theis site.
Thanks