TELECHECK
Nationwide
U.S.A.
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TELECHECK Abusive, threatening, probably illegal, refused to accept payment Nationwide
1Author
12Consumer
1Employee/Owner
Telecheck contacted my husband and me about a check written to a car dealership in erly May and that was presented for payment at the end of May. We knew the check had been returned and were expecting to hear from someone. The dealership told us to wait. What we didn't expect was that the contact would come almost 3 months later in the form of a threat of a criminal suit!
After the initial contact, we called and called and got voicemail and called back. We finally talked to Mr. Brown and then Mr. Pittman. We advised Telecheck that we had received nothing in the mail; they would not take our new address to send us anything. We offered to make regular payments to pay off the check; they refused to accept anything but payment in full. We asked for their address to make payment; they refused to provide anything but information for making a payment by Western Union (at additional cost to us), and which they ultimately never did provide. Athough they claim to want to resolve the issue, they are making it impossible for us to repay them. The car dealership has been paid in full.
Telecheck stated that we have 3 days to send payment in full or they would pursue legal action against us. This is my take on it: 1) As guarantors of the check, it seems to me that Telecheck can not file criminal charges against us for writing a bad check to THEM, since we wrote the check to the car dealership and 2) Telecheck can not file charges at all since the check was held for 3 weeks before depositing (a definite violation of state law).
Anyone out there that can shed some light on this? Is my assessment accurate or is this as hopeless as Telecheck would have it seem? Given the circumstances above, can they file criminal charges against us, even though we are attempting to repay the check?
Jlcs
Miami, Florida
U.S.A.
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REBUTTALS & REPLIES:
1Author
12Consumer
1Employee/Owner
Updates & Rebuttals
#1 Consumer Comment
AUTHOR: Striderq - Columbia (U.S.A.)
SUBMITTED: Tuesday, August 12, 2008
POSTED: Tuesday, August 12, 2008
Exactly what state law was 'definately' violated by the check being processed three weeks after you gave it to the dealership? I understand the company doesn't get paid until they run the check through their bank, but what law sets a time frame as to how soon they have to process it?
#2 Consumer Comment
AUTHOR: John - Califon (U.S.A.)
SUBMITTED: Tuesday, August 12, 2008
POSTED: Tuesday, August 12, 2008
'check was held for 3 weeks before depositing (a definite violation of state law)'
Cite this mystery law. They can hold a check as long as they wish.
YOU wrote the bad check. Where was the money to cover it as it should have been accounted for as SPENT if it was a good check to begin with?
You intentionally passed a bad check. You should have went right in to the dealership and paid it as soon as you found out the check had been returned but you knew it was going to be returned anyway. I hope you get railed.
#3 Consumer Comment
AUTHOR: Cory - San Antonio (U.S.A.)
SUBMITTED: Tuesday, August 12, 2008
POSTED: Tuesday, August 12, 2008
You write a hot check to a car dealership. You then try and negoiate a "deal with terms" to see if they will accept PAYMENTS on the hot check. You call them the bad guys and say they don't want to resolve THE PROBLEM. I hate to tell you BUT. Not only can you get into trouble for the hot check BUT the car dealer can file THEFT charges aganist you for the car because you gave him a hot check for either a down payment or for the purchase of the vehicle. He can also repo the vehicle on top of that. I see it all the time. And you think telecheck is the bad guy? Give me a frickin' break.
#4 Consumer Suggestion
AUTHOR: J G Shrugged - Austin (U.S.A.)
SUBMITTED: Tuesday, August 12, 2008
POSTED: Tuesday, August 12, 2008
I once had a service provider hold a check for 6 weeks before cashing it! Fortunately I knew it was outstanding and never let my account go below the amount of the check.
Telecheck will now warranty checks, although I'm not sure how much your check was for - usually now Telecheck will submit the checks electronically rather than as paper.
But here's a site that discusses the bad check law in Florida (not sure if the jurisdiction is yours, but usually the different DAs use similar procedures)
http://www.sao10.com/worthless_checks.asp
They have a process that the merchant (or in this case Telecheck) has to use before submitting a case for prosecution.
Nothing can stop them from filing a report criminally. However, it is the DA that will press charges.
(P.S. from the site above I read that if they knowingly accepted the check to hold it until a later date they can't prosecute. Now if they didn't agree to hold the check.....)
#5 Consumer Suggestion
AUTHOR: This Is Me - Agawam (U.S.A.)
SUBMITTED: Wednesday, November 05, 2008
POSTED: Wednesday, November 05, 2008
Why did you write a bad check? That is your fault and Telecheck has every right to demand payment in full.
#6 Consumer Comment
AUTHOR: Hgilbert08 - Madison (U.S.A.)
SUBMITTED: Wednesday, November 05, 2008
POSTED: Wednesday, November 05, 2008
The dealership or Telecheck ought to be the ones posting here about you. Afterall, the dealership got scammed when you wrote them a bad check. Telecheck was nice to give you 3 days to pay. You've had 3 months to save the funds to make good on this check, so why in the world would you expect to be able to make partial payments? Get real.
#7 Consumer Comment
AUTHOR: Hgilbert08 - Madison (U.S.A.)
SUBMITTED: Wednesday, November 05, 2008
POSTED: Wednesday, November 05, 2008
The dealership or Telecheck ought to be the ones posting here about you. Afterall, the dealership got scammed when you wrote them a bad check. Telecheck was nice to give you 3 days to pay. You've had 3 months to save the funds to make good on this check, so why in the world would you expect to be able to make partial payments? Get real.
#8 Consumer Comment
AUTHOR: Laurie - Haslet (U.S.A.)
SUBMITTED: Wednesday, November 05, 2008
POSTED: Wednesday, November 05, 2008
Did you make good on the bad check with the dealership already?
Too many holes in your story - there is something else going on that you have decided to omit to make it like they are picking on you
#9 Consumer Suggestion
AUTHOR: Pardel - Bernie (U.S.A.)
SUBMITTED: Sunday, November 09, 2008
POSTED: Sunday, November 09, 2008
First, it is only a criminal matter if you wrote the check on a closed account. If this is the case then 'yes' you deserve to have charges filed against you. If the check is just an NFS check (insuffiencent funds), then they have to take you to court (sue) to re-coop the funds for the check, it is a civil matter. In this case you need to take your cancelled checks that you paid the dealership with or your receipts with you to court to prove the debt was paid. It is the dealership that has to take you to court as this is who the check is made out to. As for Telecom, you should send them a certified letter instructing them not to contact you again as they are a third party. If they contact you they are in violation of law. Keep track of dates and times they contact you.
As for the length of time a check can be held before it is cashed in most cases is 90 days from the dated posted on the check itself.
#10 Consumer Suggestion
AUTHOR: Larry - Phoenix (U.S.A.)
SUBMITTED: Sunday, November 09, 2008
POSTED: Sunday, November 09, 2008
Regardless of the circumstances surrounding why you wrote an NSF check, ignore the demands of the caller who claims to be from Telecheck.
No legitimate collection agency will refuse to contact you by mail and no legitimate collection agency will demand payment by Western Union. The call most likely came from an employee of the car dealer who knew about the bad check and is trying you con you into putting money into his pocket. Never pay a debt by Western Union as there is no way to prove that the money went to the creditor.
Whether writing a bad check is a criminal offense varies from state to state. In Arizona, for example, it is a criminal offense if the check is written on a closed account, if you refuse to make good on the check, or if you ignore demands to make good on the check. Only the county attorney can file a criminal charge but the person who took the check can file a civil suit and recover twice the amount of the check.
#11 Employee
AUTHOR: Former_teleck_rep - Corpus Christi (U.S.A.)
SUBMITTED: Wednesday, November 12, 2008
POSTED: Wednesday, November 12, 2008
I am an employee of First Data (which owns Telecheck) I have worked for Telecheck for some time not but have recently been moved to another product within the First Data Company!!! Also I have in the past worked for a bank...
1. A personal check is valid for 180 days anytime after that the bank will not accept it for deposit or to be cashed.
2. Writing a Hot Check is against the law... the info you received from telecheck did not say that they had already turn the case into a criminal matter it stated that it COULD turn into a criminal case.... THERE IS A BIG DIFFERENCE!! The legality of everything is really not different if the ck was NSF or written on a closed acct it doesnt matter I have know person that got arrested b/c of a $6 check to pizza hut that they failed to take care of...
3. Telecheck paid the dealership for your bad check... just be glad that we did that because if not the dealership would have your car trust me I know salesmen who have gone and picked up vehicles when the down payment check bounced... as of right now the dealership doesnt know that the ck didnt clear...
4. It is not Telechecks responsibility to come after you for payment... did you think it would just go away and no one would notice... YOU KNEW it bounced...
Come on your an adult take responsibility!!!
#12 Consumer Suggestion
AUTHOR: Pardel - Bernie (U.S.A.)
SUBMITTED: Friday, November 21, 2008
POSTED: Friday, November 21, 2008
Former_teleck_rep
Corpus Christi, Texas
If you work for a bank then you should know a NFS check and a 'hot' check is two different things. An NFS check is an overdraft of a persons account whereas a 'hot' check is a check written on a CLOSED account or a counterfiet check. A 'hot' check is or can be a criminal matter, a NFS check is a civil matter. So, if as a teleck rep you are telling people an NFS check is a criminal offense you are breaking the law and so is your company! Your post is outrageous!
#13 Consumer Suggestion
AUTHOR: J G Shrugged - Austin (U.S.A.)
SUBMITTED: Friday, November 21, 2008
POSTED: Friday, November 21, 2008
http://www.wilco.org/CountyDepartments/CountyAttorney/HotChecksDivision/tabid/224/language/en-US/Default.aspx
If the account was closed, you don't have to send a demand letter before filing an affidavit with this DA for criminal charges. With an NSF check it is a hot check but the check writer has 10 days to pay before charges can be filed. But it is still a criminal matter if it is unpaid.
