No Service No Pay ? Please Help THank You

[Waterkid]

I currently have a collection company calling me regarding a NSF check.

Quick background.

I sent a check by mail to a purchase a ski pass.
The check unfortunately was returned NSF, (I miss calculated by only $6 but still my mistake, I will agree)
The ski resort sent my check to collections.
I went to the ski place to get my pass and was refused because it was sent to collections.

I will happily pay NSF charges but now do not believe I owe the full amount of the pass since I was refused service. Using the logic NO Service No Product No Pay.

How can I be charged for something I didn't recieve ?

Are there any RCW Laws that will help my case in getting it un-assigned to the collections.

THANK YOU FOR YOUR ASSISTANCE.

 

[eseelye]

I sent a check by mail to a purchase a ski pass.
The check unfortunately was returned NSF, (I miss calculated by only $6 but still my mistake, I will agree)
The ski resort sent my check to collections.
I went to the ski place to get my pass and was refused because it was sent to collections.

I will happily pay NSF charges but now do not believe I owe the full amount of the pass since I was refused service. Using the logic NO Service No Product No Pay.

How can I be charged for something I didn't recieve ?

First of all, you wrote a bad check, so they refused to provide you a service. If you were selling something and I wrote you a bad check, wouldn't you refuse to give it to me until I paid for it?

What the hell are you thinking. Pay the check off. You did it to yourself. You have learned a lesson, keep more that that in your checking account from now on, right?

I just don't understand the logic here....

 

[FKNA]

Waterkid.....you recently asked this very same question and received several responses. What happened to that thread?

 

[Waterkid]

I didn't realize someone else posted such a question. I'll look for it.


As to the question about logic: I realize I created this problem but that doesn't exclude me from having fair treatment.

If I purchased a product with a bad check I would have already taken possesion of the product before they cashed the check.

In this case I'm being charged for writing a nsf check (which by the way I agree with) but I am also being refused the service in which they are basing the charge against. Thus leaving me with nothing.

A check is an agreement for payment for product or service and I have received none.

I whole heartedly agree that nsf checks should be avoided and that a penalty payment should be included for such behavior but lets get serious, that doesn't mean that all rights are lost.

I was just looking for some advice as this site promotes ?

 

[bigun]

I'll bet if you make the check good, they'll give you a pass.
You really didn't bounce a check and go up and ask for the pass did you? What did you expect them to do.? Wouldn't you think if they gave you the pass and you hadn't given them good funds that would mean they gave the product to you at no charge?

 

[eseelye]

A check is an agreement for payment for product or service and I have received none.

You didn't hold up your end of the agreement.

As a result of your miscalculation, the ski resort got a NSF fee attached to your check, and they may have relied on your check to make a payment, which did not go through due to your error. Thus incurring another NSF fee and the party they wrote the check to got one also.

You didn't hold up your end of the agreement, why should they?

 

[eseelye]

I'll bet if you make the check good, they'll give you a pass.

I agree with you!