i, too, have a problem with bennett & deloney

[fast actin]

i tacked this on to another post, but i figured it might get lost. so here's another thread.

i bounced a couple checks for pizza, of all things. i was a student, moved a lot, didn't like to open things that looked like bills, etc. etc.

now bennet and deloney are on me. sure, i deserve this. i took care of a few items, paying roughly $150 a week for each $20 bounced check. then they came back and said that they needed 600 some odd dollars by the end of the month to take care of the remaining balance and avoid even more charges.

so today is the end of the month. i don't have $600. i called them up to tell them i couldn't make the payment. first i was asked why i couldn't make the payment.

"because i don't have the money."

then i was asked how much i had in my bank account.

"about $200."

send it all in, he said.

"no way, i can't do that." for one thing i am away from home on business. i don't have a credit card and i need money for my expenses, not to mention to get back home. i was all prepared to talk to them about making payments next week. next week i get paid.

before i could say anything else, however, i was met with, "then i can't help you. goodbye." click.

i've already sent an email to their "info" address hoping to clear this up, but i don't expect to get too far with that. so what should i expect and is there anything i can/should do?

oops, almost forgot. i live in new orleans, louisiana. good ol' napoleonic code.

 

[fast actin]

actually...

he said, "then i'm NOT helping you."

 

[dequeendistress]

Do a websearch using Bennet and DeLoney. You will find there business practices leave much to be desired. Contact the attorney general for your state.

I have an active case now in my state with the DeLooney clan.

 

[Ladynred]

What state are you in ?
Did you bounce the checks in the same state ?
How long ago was this ??

B&D are scum, do NOT talk to them on the phone, you're wasting your breath. Do NOT EVER tell them what you have in your bank account, NEVER give a collection agency any information that's not 100% necessary, they are NOT the law and you don't have to answer anything - you do NOT even have to talk to them.

How much were the checks for ??

 

[fast actin]

i'm in new orleans, louisiana and i bounced the checks here about 2 years ago. i messed up and i was more than happy to take care of the situation, but it seems like they realized i was willing to play their game and they decided to see if they could squeeze me more. at least that's what it seems like to me.

the checks were for things like pizza. 20 dollar checks... 25 at most. at the time i was very careless with my finances... little things like atm fees would be scattered all over my statements. it's not like i meant to bounce checks. it's just that by the time they hit my account, i would be overdrawn. a lot of the time i would miss having enough money to cover the checks by a couple dollars or even cents.

 

[dequeendistress]

Ok on a $20.00 check how much restitution did they require.

My account was closed due to a divorce and I did not open another account at the same bank. Some checks were outstanding when the account closed. I had paid my checks but due to an "error" 3 years later they got forwarded to B and D. B and D are not licensed for this state, and they tried to charge over the legal limit on the check, which was paid anyway. I have the proof and sent the entire thing to the attorney general. The attorney general's office called me about a month later advising they were pursuing B and D, they also told me the same thing happened to a woman working FOR the AG.

I just remembered what the error was caused by, when Pizza Hut~which is the same entity I had the check problem with~receives a bad check they do not forward it back~ they set up an electronic withdraw on the account the check was written. So, the next time you have money in the bank, they receive the amount due to them. Since my account was closed it just hung out in their system, even though I had made restitution. So, on another note~keep your proofs of payment as well.

These persons are ruthless (B&D).

 

[fast actin]

for three checks, each around $25, i paid around $146 to $154 EACH.

 

[dequeendistress]

You should really contact the attorney general. Like ummm, NOW.

http://search.netscape.com/ns/boomframe.jsp?query=attorney+general+office+louisiana&page=1&offset=0&result_url=redir?src=websearch&requestId=2cac320d5ec43cb1&clickedItemRank=1&userQuery=attorney+general+office+louisiana&clickedItemURN=http%3A%2F%2Fwww.ag.state.la.us%2F&invocationType=-&fromPage=NSCPResults&ampTest=1&remove_url=http://www.ag.state.la.us/



I think LA law is twice the face value of the check.

 

[Ladynred]

Civil penalties for bad checks in LA:

Drawer of dishonored check who fails to pay 30 days after written demand delivered by certified or registered mail is liable for damages in twice the amount owing but not less than $100 plus attorneys's fees and court costs. Payee may charge service charge not to exceed $15 or 5% of the face amount of the check, whichever is greater. District Attorney can collect fees for issuance of worthless check, depending on amount of check.

Did you ever get a written demand w/in 30 days after these checks bounced ?

 

[fast actin]

no i did not.

on a side note... perhaps you already assumed this, but i have no desire to stiff anyone on this. i messed up and am willing to take care of it. however, b and d's tactics scared me a little and now i don't want to give THEM another dime.

 

[dequeendistress]

The attorney general here advised not to give them ONE cent.

Like I said, Pizza Hut uses an automatic recovery system and garnishes your account until they receive restitution. Although you should have received some sort of notice from the banking institution.