Question , kind of legal regarding check payment

[runsw/scissors]

Go back and read the original post, the check that was not honored happened some time in the past and her bank accepted responsibility for the mistake and even went so far as to write a letter to the business saying so. The check was paid and all was good.

After that incident the OP did business with the company & again wrote a check which cleared no prob.

This time she called the business and asked if they wanted cash or would a check be ok. The business said the check would be fine, and did accept the check.

8 weeks later, the business is refusing the check and has been calling a LOT, over 100 calls in one week. The business now wants cash and the OP is (understandably) peevish at the business. Her cell phone is pay as you go and all these calls are burning up her minutes.

No advice for the original poster, except perhaps to wait and see what occurs after they receive your letter. Sorry you're having such a hard time. Definitely file the harassment charges if the calls don't stop. Good grief!! With the economy the way it is you'd think they'd be happy for the business you are generating!


Quote:
if she owes them money its not harassment (unless the debt collection laws have been violated) .. its otherwise debt collection.

 

[lockedhearts]

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Please read my original post, they accepted this check from me weeks ago, I called before I went there, offered cash for the goods, was told at that time a check was fine. Now 8 weeks after
the fact, they are saying I need to give them cash and they still have the check.

I did read your post.... and I will state again... at ANY TIME a business or person for that matter can change or revise their payment policy....

if the original check that bounced was returned to them for NON payment.. your error or the banks... if the funds were refused then you are on the hook for the money... check your bank statement.. if the returned check was not honored then they are still out $X.XX + whatever bank service charges THEIR bank charged them... its between YOU and YOUR bank to decide who or IF you will be reimbursed by your bank

how can they still have the check if they tried to put it though and it bounced?... do you mean they have the cancelled check? if thats the case pay them the cash UPON receipt of your cancelled check...

The one check that was returned has been taken care of, over a year ago. This last check from 8 weeks ago has never been presented to my bank. I called before I went to them and asked if they wanted cash this time, they said NO a check was fine. They have held this check for 8 weeks and are now deciding they want cash instead. They accepted this check on their own, the money has been sitting in my bank since before I wrote this check ! So, YES they are harrassing me by calling me over 100 times on a check that they have not even bothered to present to their bank or mine!

 

[mom'sfolly]

The OP paid, they accepted, not her problem any more.

I think I would skip the threats and go directly to the police with a harassment complaint. 100 phone calls is ridiculous, and goes beyond calling and checking on payment. The OP paid, and the payee has an issue, not the OP.

 

[greenfamilyfarms]

Is a Money Order an option?

 

[lockedhearts]

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If they want to bring the check to me, I will pay them in cash or Postal Money Order. But, I am not driving the distance to their place to deal with this, since I feel it is their issue, not mine. They have already burned up about $5.00 worth of cell phone minutes, I am not burning up fuel for them.

I sent the certified letter, it should be delivered tomorrow. Hoping this stops all of this.

 

[redhen]

Did you tell them to cash the check at your bank?...

 

[lockedhearts]

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I stated in my letter, that since they accepted the check, they had the option to deposit it in their bank or take it to mine and cash it. I included my banks phone number and encouraged them to call the bank to verify the funds. Of course I also stated that if they continued to call me as they have been, I would be filing a harrassment report against them and pursue legal action if necessary. I closed saying that as far as I was concerned, this matter was closed , and that they had the option in the beginning to accept a different form of payment, it was their decision to accept a check.

 

[jerseygirl1]

HOnestly, just skipping over some of these, maybe it's not your check - maybe they just want cash? Could be an IRS thing that they do not want any money being put into their bank account - I mean,maybe they have a lien on their bank account and CAN'T put money in the bank? I' hav e
seen that happen one too many times from customers and businesses both.
But a hundred phone calls in one week, they actually sound very odd

 

[lockedhearts]

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True, but why accept the check in the first place. Heck had they asked I would have made the check out to an individual instead of the business, as long as I got what I paid for. The "ODD" one is the wife, the husband is as nice as can be. I had thought that perhaps something is amiss and he is not aware, which is why, when I sent the letter, it was sent to him . Not sure she won't intercept it, but I felt if there was something he did not know, I should try to alert him to it. Not saying he does not know, but I do know she does the books.

 

[redhen]

Yeah... something is messed up with their checking acct and the bank wont cash checks for them...
OOh well.. they need to take the check to your bank then....