Report: #625793
Complaint Review: Cross Check - Rohnert Park California
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- Cross Check 6119 State Farm Dr, Rohnert Park, CA 94928 Rohnert Park, California United States of America
- Phone: 707-586-0551
- Web: http://www.cross-check.com/
- Category: Collection Agencies
Cross Check Cross Check FDCPA violations rude threats deceptive practices liars Rohnert Park, California
*Author of original report: Lawsuit information
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I had my vehicle serviced at a local AAMCO. I was given an estimate and had set up a transfer from one account to my checking account but had messed up the date to transfer the money. So I wrote the a check for the services AAMCO performed for $1365.42... well... the money didn't transfer, and you guessed it, the check bounced.
I had only found out about this one week later after receiving a letter from CrossCheck in late May 2010. They tacked on a $20 late fee which I thought was understandable and I had set up to have my bank mail them a cashiers check for the balance. I called them the following Tuesday to let them know I was having a payment sent...
During that phone call I spoke with a woman (whose name I cannot recall) and she was very terse. She asked me what color envelope I mailed the payment in, I advised her that I didn't know because the payment was being sent from my bank. Apparently she thought I was lying and said that if they didn't receive the payment by Thursday that I'd be receiving phone calls... I rolled my eyes and hung up.
I had receive four calls from them in a span of less than 12 hours, they never even left a message.
The following morning I received a call from a male identifying himself as Dan Lecker (sp?)... Little did he know, I recorded the phone call, here's the transcript from the call...
Daniel: Hello?
Agent: Daniel?
Daniel: Yeah?
Agent: How're you doing?
Daniel: I'm doing alright, how are you?
Agent: I'm good, It's Dan Lecker with CrossCheck. Um, I left you a message yesterday.
Daniel: No you didn't. I-I didn't, there wasn't any message on my voicemail there was a two second pause.
Agent: Oh I'm sorry that's weird. Um... I don't know why that happened I'm sorry about that. Um.. Anyway I (unintelligible) give you a message, I had a note here that said you were bill bank paying it out? Or bill paying it through your bank? Or I was kind of confused about this so I wanted to get some detail on this.
Daniel: K well, uh in my opinion you don't need any explanation your check's in the mail.
Agent: Heh, are you serious?
Daniel: Yeah
Agent: How about I just send your check back to you and then we sue you? I don't accept mail payments and that's why I'm calling, why are you so rude Daniel I don't understand what did we do to you?
Daniel: Are you threatening to sue me?
Agent: Absolutely. I'm threatening to sue you what are you going to do? I mean we don't have your money here.
Daniel: Well I'm recording the call dude.
Agent: That's fine, you don't have my permission to record the all why are you so abrasive Mr. Trujillo? I've never spoken to you before? Is there a reason you're on the defensive so much? You bounced a check. Did you realize that?
Daniel: Yeah.
Agent: You did something wrong. We didn't do anything wrong.
Daniel: Is it criminal?
Agent: It is criminal, yes, when you bounce a check and don't pay it in ten days it's criminal.
Daniel: Ok
Agent: (unintelligible) on the 25th of may.
Daniel: Well I mean do you plan on having me arrested? The sherrif at my door or what?
Agent: We can't do that. Why would I do that?
Daniel: Well I don't know I'm just trying to get a feel what--
Agent: We have the ability to recommend to get you criminally prosecuted with the DA though. We have that option.
Daniel: Really? Who do you plan on contacting then?
Agent: I don't know, I know you're recording it so you're probably trying to get me to do something or say something guaranteed we don't guarantee anything we have options though, Dan and I don't see why that's a problem on why that needs to be done if you're going to send money, why do you need to be so abrasive with me?
Daniel: Well I don't know, I mean, I just thought I had a right to do whatever I want--
Agent: All I wanted was the check number on what you mailed and you won't do that. YOu know what I think?
Daniel: What?
Agent: I think you didn't mail it, because I called your bank yesterday, you know what they said?
Daniel: What?
Agent: You don't have a dime in your account.
Daniel: Yeah?
Agent: That's why you don't want to give me information. That's why you're being so abrasive. Because you know it's going to come to a head at some point we're going to realize you didn't send anything because you don't have the money and you're going to have to deal with this. So you're scared. And that's okay, if you need help I can help you. That's what I'm here for.
Daniel. No, I-- I, you really scare me I do have to admit that.
Agent: (unintelligible) I don't know why you should be scared it's a simple situation though you're acting as though you are.
Daniel: Yeah?
Agent: ...because you're not giving me any details for anything you've done, you didn't really do anything. And if you need help you can just ask for it I would be glad to help you.
Daniel: Oh ok, well in that case I didn't mail a check. How about that?
Agent: What do we need to do to help you take care of this?
Daniel: Well I told you the check is in the mail but you don't believe me. But whatever.
Agent: But all I need is a check number Dan I mean we don't take mail payments normally. I'm going to do that for you but I just need a check number, and you don't want to give me that. I mean how fishy does that sound?
Daniel: It's a cashier's check I don't know the check number.
Agent: That's fine. They have check numbers on cashiers checks
Daniel: Okay.
Agent: It's a charter number
Daniel: Yeah I don't know what it is dude.
Agent: Ok well you can contact your bank and find out I'll give you my number and you can call me back later today.
Daniel: No, I'm not going to do that.
Agent: That's fine, did you overnight it to us?
Daniel: No. Standard mail.
Agent: (unintelligible) Ok did you send it from the letter? Did you send it in the envelope we sent you?
Daniel: No I called the bank they sent it from there.
Agent: To where?
Daniel: To your PO Box... six-thousand six... or six-thousand eight.
Agent: PO Box 6008?
Daniel: Yeah in Petaluma.
Agent: Ok and you mailed that yesterday? They sent it out yesterday or did you have it set for a future date.
Daniel: I had it ordered yesterday, which should be sent out either yesterday or today.
Agent: Okay do you know how long it usually takes? Do they... do they delay that a little bit or is it just a couple days.
Daniel: They told me to... that you guys would receive in seven to ten business days.
Agent: Seven to ten business days?
Daniel: Yeah.
Agent: Why... Why is that?
Daniel: I don't know you'd have to ask them.
Agent: That's the problem, well no I can't ask your bank about your issue.
Daniel: Well I understand.
Agent: That's why we don't take mail payments, Dan.
Daniel: Huh?
Agent: Did you ask... well let me get it this way. You went online. You knew you weren't going to have the money for a week so you set it up to send out in the mail next week when you knew you the money, right?
Daniel: No... it was a bank error...
Agent: I tell you what, Dan, I'm going to do my math on this I'll call your bank and find out. If we don't have the money set up to be received by Friday, we're proceeding against your check. You can record the call you can do whatever you want because we're legally allowed to pursue you for criminal check fraud.
Daniel: You don't even... own... own the check yet.
Agent: Save it, Daniel. (disconnected)
If anyone wants the actual recording I'd totally be willing to supply that.
Anyways... I did some research on the law, and I counted several violations of the Fair Debt Collection Practices Act (FDCPA). Also, I'm in Utah and this place is headquartered in California... but Utah law requires them to be registered in order to collect on any debt; if they're not, and they still try to collect, they're guilty of a Class A misdemeanor (Utah Code 12-1-6).
These guys would have gotten their money if they weren't so disrespectful. Now I'm suing them for the FDCPA violations. When they learned that I was going to be difficult, they gave the debt back to the original creditor, who I paid in full.
I received a letter from them saying they'd like to discuss a settlement with me, of which I have been discussing with their "in house legal counsel" by the name of D. Lilah McLean (she was the one who signed the letter saying that CrossCheck didn't own the debt anymore and also the letter stating that they'd like to negotiate). I am unable to go into the specifics of the negotiation, but I can tell you it certainly looks like we won't be settling... I want everyone to know about the evils of the practices CrossCheck seems to endorse.
Trial is set for August 17 at 3:00pm at the Utah Second District Court in Ogden.
This report was posted on Ripoff Report on 07/21/2010 05:49 PM and is a permanent record located here: https://www.ripoffreport.com/reports/cross-check/rohnert-park-california-94928/cross-check-cross-check-fdcpa-violations-rude-threats-deceptive-practices-liars-rohnert-pa-625793. 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. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content
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#1 Author of original report
Lawsuit information
AUTHOR: Daniel - (United States of America)
SUBMITTED: Wednesday, July 28, 2010
They filed a motion to have the case continued... The trial is set for 08/31/2010 at the Second District Court in Ogden, UT. Case number is 108901617.
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