• Report: #74858

Complaint Review: CCS Checkcare Systems

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  • Submitted: Fri, December 12, 2003
  • Updated: Thu, October 11, 2012

  • Reported By:Fresno California
CCS Checkcare Systems
P.O.Box 21546 Concord, California U.S.A.

CCS Checkcare Systems Check Care Enterprises forgers stealing from bank account(s) Concord California

*UPDATE EX-employee responds: POS

*Consumer Comment: I agree, but why do you ask that people not tip the delivery driver?

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On 10-23-2003 I wrote a check to a local Fresno, CA, Fig Garden outlet, of Pizza Hut for $20.00. Due to the fact that I had made a subtraction error in my register I only had $19.46 in the bank when the instrument was presented and it was returned due to insufficient funds.

We all know that I was charged by my bank for this 'service', amusingly, $20.00(kindly reversed due to these cretins, thanks Educational Employees Credit Union). And, of course, the payee has a fee also, $25.00.

Ya with me so far? I goofed, I pay the piper, I'm not a virgin to this lube job. Now comes the interesting part, the check was presented again on 11-7-2003 and cleared. This does not eradicate my incurred debt for the dishonoring of the initial return of the instrument, right? I mean, legally, I still need to send them funds to cover this charge.

On 11-17-2003 Checkcare Systems submitted a physical check, not an ACH transaction, with a signature on it to my financial institution for $25.00.

Excuse me, but I did not authorize this instrument to be drawn on my EECU account. CCS representatives have claimed in telephone conversations that I 'authorized' this check because of a notice posted at an electronic terminal and/or counter in the Pizza Hut location. I have never been to the Pizza Hut location in question, and only know the general location. The delivery driver gave me no notice, nor did I get a receipt. As an aside, I never saw the Pizza Hut representative as my daughter remitted the payment. Also, If I had not included a tip the check would have cleared!

A dunning letter from CCS includes the statement, "We can draft unpaid balances due from your checking account. This can cause an untimely transaction on your checking account and unnecessary fees."

I strongly feel I did not receive effective notice that I was authorizing such an action. It is my position that this firm FRAUDULENTLY and ILLEGALLY accessed my account at my credit union. I do not dispute the debt, but rather the bogus check.

I invite opinion from legal experts. This is a blatant opportunity for a good legal beagle to generate mucho billable hours on a class action suit. The monetary amount here is negligible in bankings scheme of things, but this issue is a many headed monster.

I recommend others avoid patronizing PIZZA HUT for being party to this chicanery. If you do, don't tip the delivery person.

Hey, CCS, bitemeiamtoxic.

Gregg
Fresno, California
U.S.A.

This report was posted on Ripoff Report on 12/12/2003 12:10 PM and is a permanent record located here: http://www.ripoffreport.com/r/CCS-Checkcare-Systems/Concord-California-94521-0546/CCS-Checkcare-Systems-Check-Care-Enterprises-forgers-stealing-from-bank-accounts-Concord-74858. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
0Author 2Consumer 0Employee/Owner
Updates & Rebuttals

#1 UPDATE EX-employee responds

POS

AUTHOR: Ms. Andrews - (United States of America)

With retailers utilizing check return services, it is imperative that they provide notice of fees and additional drafting of your account at the point of sale.  When you have a situation where you are not physically at the point of sale, the delivery driver would need to provide you with the necessary information.
As a former employee, I can verify that all stores are provided with stickers that state the ramifications of a returned check via checkcare systems, they are also informed to provide their drivers with this information. 
The additional draft is not illegal, and in fact falls into a grey area, it appears that your dispute would be with Pizza Hut, rather than Checkcare Systems.  Another tip:  if your bank waives a fee, they assume fault, therefore they can (and have) been convinced to cover third party fees as well, if this was due to their mistake.
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#2 Consumer Comment

I agree, but why do you ask that people not tip the delivery driver?

AUTHOR: Matthew - (U.S.A.)

I understand your problems with checkcare, I'm in the middle of a fraud situation with them myself, but why do you ask that people not tip the delivery driver? That is, after all, how they make thier living. As a former driver for PH, I know that those folks get paid between 2 and 5 dollars per hour, and can't afford to do the job, or feed thier families without the tips. If you're not going to tip the driver, I'm sure he'd rather you not patronize PH either, because all you're doing when you do that is hurting the driver, not PH.
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