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.