rivkat: Rivka as Wonder Woman (Default)
([personal profile] rivkat Apr. 14th, 2004 02:52 pm)
Argh. In 1997, my checkbook was stolen. I cancelled the checks, and in 1998 closed the account. Turns out, in 1999 someone forged two of the checks. In 2001, a collection agency tracked me down; I submitted an affidavit of fraud, and that should have been it. But no; the store at which the forger used the checks went bankrupt, and (no one will admit this, but it's clearly what happened) they lost the records of which accounts receivable were actually closed and a new collection agency contacted me about the "bad checks that [I] passed," language both understandable and infuriating. Now, of course, after 7 years I don't have any records and I'm really upset. Also, they got the name of the issuing bank wrong, so the bank has no record of the (nonexistent) account. I'm probably overreacting, but we're about to close on the house and financial curveballs like this really scare me.

I'm just going to assume that if you're here and you're fannish, you've heard about Lanning's new SV story, which I just devoured. So instead I will point you to [livejournal.com profile] yahtzee63's incredible Edward Scissorhands/Lemony Snicket crossover, so good that I begin to believe Mr. Snicket has cleverly disguised himself as the noted XF/Angel/Alias/XMM writer. Knowledge of Snicket is a plus, but I don't think you need to know anything about Edward to adore this story.

From: [identity profile] rivkat.livejournal.com


Yeah, I need to ask some colleagues what my rights are. The big difficulty is that I didn't keep a copy of the stuff from last time, so even though it's true that they can't come after me twice, at the moment it's just my word that they came after me before. And the store has gone bankrupt, so there are no records. If I knew what collection agency it was the first time, I might be able to contact them -- but again I would need to have kept the letter, which I foolishly didn't.

I may never throw out a piece of paper again.

From: [identity profile] morgandawn.livejournal.com


you don't need proof to threaten a suit. sadly. but in your case, fill out an affidavit (stating that the original was lost) along with all the facts you can dredge up - bury them in details), attach it to a very legal looking letter, demand they resolve this within 10 days. Also advise them you will be seeking -- oh, I don't know try tortious interference and see if you can toss in some damages there as well.

And don't forget to sign it Esq.

Other ideas if you don't to carry the war home to their front door: use the credit bureaus (Equifax etc) to start the process of them correcting it as well.

If it were me, I'd start calling everyone I could find at the new collection agency -- I'd start with Customer relations with a stop at their legal dept.
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