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My refund check was stopped

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eshadek

Guest
I had an account with an internet postage company called E-stamp. They recently moved into another industry, ending their consumer postage service, and I had an outstanding balance of prepaid postage (about $50). So I called them up and they said they would send me a refund check for the full amount in my electronic meter. A few days later, I got the check for the amount I was owed and I deposited it. Everything's cool, right? Nope. About a week later, I receive ANOTHER check for the same amount. I assumed it was a mistake and, being the good citizen that I am, mailed it back to the address it came from with a note that my refund had already been paid. Dumb mistake.. I probably should have called first. Anyways, another week goes by, and I get an email from the company. It stated that due to a computer error, two refund checks had been issued to some customers. The lower-numbered check is the good one, and stop payments had been issued on all the higher-numbered checks. Well guess what? The first check I received had been the higher numbered one. So I had sent back the good check and deposited the bad one. Grr. I wrote an email to E-stamp's customer service department, explaining exactly what had happened and asking how to get the refund they owed me. Two weeks go by.. no response. I did, however, receive the bad check from my bank along with a nice $3 "service charge." Now I'm pissed. I called customer service, and after transferring me up the ladder to someone who could help, told me that they would look for the check and return it to me as soon as they found it. I asked if they could just stop the check that I returned and mail me a new one, but they said that it would be too complicated because the US Postal Service is the one who really issues the checks (this surprised me, because the check has E-stamp's logo, is signed by E-stamp's CEO, and mentions the Postal Service nowhere. I thanked the guy for his help and, yep, waited another two weeks! Haven't heard anything. So I'd like advice on where to go from here. This is entirely their fault, and I think that they are obligated to pay me the refund that I am owed plus extra for the inconvenience and the service fee from my bank. I've done a little research on my state's (California) check law, and the statue says that the payer of a stopped check is not required to pay the amount if he had a good faith reason for stopping it. Obviously, E-stamp had a good faith reason, so I think that rules out sending them a copy of the stopped check and demanding payment. It's ridiculous that I should have to wait this long for a stupid $50 refund, and I'm sick of doing things on their slow schedule. What should I do?
 


JETX

Senior Member
Send them a letter, Certified RRR. In it, detail your situation and ask for a refund of the unused postage and your bank fees (you won't get 'extra for inconvenience'). Give them a reasonable amount of time (5 working days?) to respond.
 
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eshadek

Guest
Thanks for the reply Halket. I have another question. At first I thought that the sending of two checks would qualify as a "good faith dispute," but now I'm thinking maybe not. The statue defines it as a situation where the drawer had a "reasonable belief of his or her legal entitlement to withhold payment." It also says that "grounds for the entitlement include, but are not limited to, the following: services were not rendered, goods were not delivered, goods or services purchased are faulty, not as promised, or otherwise unsatisfactory, or there was an overcharge. Existence of a good faith dispute will be determined by the trier of fact." All of these examples imply negligence on the part of the payee, which do not exist in my case. So do you think I have a case? I am entitled to a $25 service charge if there was no proper dispute. Maybe they'll just pay it because they don't want to waste their time putting up a defense? What do you think?
 

JETX

Senior Member
I don't agree. What you have is a simple error on their part.... they sent two checks for the same refund, found out about it, cancelled one of the checks and it happened to be the one you deposited. Nothing more than that.

In fact, I think that any attempt to try to 'devine' anymore than that, kind of cheapens your whole attempt at 'honesty' and undermines your first statement of "being the good citizen that I am".

Give them a valid opportunity to correct their problem. If they don't make an honest effort, THEN you might assume the worst, but don't try to 'legaleze it' for a measly $25.00.
 

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