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Collection Agencys

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Engrave

Guest
My Citibank credit card got turned over to OSI collection agency. I fell behind on my payments,reason for card going to collection. This collection agency and I set up a payment plan. Every 6 months I send them 6 months worth of checks, 1 dated for each month. I had no problems with this company for the 1st 12 payments. Then in June OSI deposited my June payment and my post dated Aug check. When OSI deposited my post dated check for Aug it caused other checks not to clear, leaving me to pay bank fees. I called OSI to let them know that they deposited my Aug check. The operater told me that OSI wouldn't make that kind of mistake. I must of wrote the wrong date on the check. Get a copy of the check showing that they were in error and they would send me a refund. I got a copy of the check and the date stated Aug 18th. I faxed them a copy of the check and followed up the fax with a phone call to make sure they received it. After 2 days I had not heard back from OSI, so I called again. They said they had received the fax and didn't know why no one had called me back. I also told them I thought they should remburse me the bank fees. Since it was there error that caused me these extra charges. I also have sent them a copy of my phone bill showing that it has currently cost me $9.88 in phone calls trying to resolve this matter. Still I can't get them to call me/refund me. Any advise would sure help on how to solve this matter. Should I report it to the BBB?
 


JETX

Senior Member
This one is really pretty easy... you are going after the wrong person.

Contact your bank. Ask them why they accepted a check for payment when the check date was not valid. (They will try to blame you for the check date but that is not the issue.) They have a fiduciary responsibility to NOT pay any checks that are obviously in error and have a direct responsibility for verifying the check (date, amounts and signature) before accepting for payment.

DEMAND that they refund all charges that you incurred by THEIR failure to perform due diligence. If they resist, don't forget to mention that you will file a complaint with the State/Federal banking regulators.

{Note: In this day of electronic check handling, it is becoming more common for banks to accept obviously 'faulty' checks for payment).

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Steve Halket
Judgment Recovery of Houston
[email protected]
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This is my PERSONAL OPINION and is not legal advice! Consult your local attorney for your specific situation and laws!
 
E

Engrave

Guest
Thank you so much for your advice. I will go talk to my bank tomarrow.
 

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