How should I handle this account-in-overdraft that happened?

[StageLeft]

September of 2001 I wrote a check to Cort furniture. They lost the check so I paid that month with visa and since then have paid every month with a new check. For january same as always, except today I wake up to find that this check from september was also deposited, thus putting my account in overdraft. I'm off to the bank now to either top the account up and call cort on monday or tell them to reverse the check (can I?) and then call cort on monday. The check explicitely states on it for september rent, but on the other hand I did write them a check and it seems silly countering a check that I wrote them, so what is the best thing to do?

EDIT: Do personal checks expire after a set amount of time - I think so - but what is that time? I suppose I can ask the bank all this when I get there but they may get pissy so I'd rather know what i should do first

 

[Grey]

You should have stopped payment on the check, if they claimed it was lost. Cort found a 4 month old check? Man they weren't paying attention or they use shoddy accounting over there

 

[StageLeft]

<< You should have stopped payment on the check, if they claimed it was lost. Cort found a 4 month old check? Man they weren't paying attention or they use shoddy accounting over there >>

Yeah I should have done, but I didn't so I need to know what's up now

 

[Chris A]

They cashed it and you are pretty much up a creek...

 

[StageLeft]

Yeah I guess :| SO do banks look down on people who go into overdraft if it's for one day and will I be charged a penalty?

 

[Amused]

<<

<< You should have stopped payment on the check, if they claimed it was lost. Cort found a 4 month old check? Man they weren't paying attention or they use shoddy accounting over there >>

Yeah I should have done, but I didn't so I need to know what's up now >>



Best thing to do is learn that next time, you need to stop payment. There's nothing else you can do except ask Cort to pay for your overdraft fee since they lost the check, then found and deposited it. Of course, the only reason they'd do so is out of the kindness of their hearts.

 

[Lvis]

they will probably charge a fee. My bank is 30 bucks. If you go in and talk to someone, they may waive the fee, though.

 

[StageLeft]

<< they will probably charge a fee. My bank is 30 bucks. If you go in and talk to someone, they may waive the fee, though. >>

I'll kill someone!!!! :|

I'm trying to understand who sucks more, me for not cancelling or them for doing it. I'm really not that mad. Honest

Oh, but does it look bad to my bank when people go into overdraft?

 

[yellowvespa]

Chris hit it right on the head. It's your problem now not the furniture stores. Since you didn't stop payment, the check was "live". I think that the furniture store could have called you but this is really not required on their part. A check assumes that the funds are available at the very time that the check is written, cut and dry. I think there is a 6 month time frame on the life of a check but banks really do not look that closely and will run 'em thru when deposited.

 

[pulse8]

<< They cashed it and you are pretty much up a creek... >>



That's a load. You can always get your money back. I don't know how much cash it is, but I'm sure if you called up Cort and yelled enough you could get your money back plus whatever your bank charges you for your account being over.

 

[Amused]

<< Oh, but does it look bad to my bank when people go into overdraft? >>



Well, it doesn't look good. But it's not that big of a deal so long as you don't do it often at all. I've been overdrawn a few times in my life, and my credit score is still in the 700s.

 

[yellowvespa]

on an up note: Most banks will credit back the overdraft fee if you go in to see them and talk to the manger nicely. Smile and explain that you thought the check was lost and would never surface 4 months later. On a good day they will credit you account.

 

[Kadarin]

Might be worth a try going to Cort and showing them both the returned check and the Visa receipt... see if they'll return the charges on the card. The louder you scream and the pushier you get, the more likely they are to solve this for you.

 

[Amused]

<<

<< They cashed it and you are pretty much up a creek... >>



That's a load. You can always get your money back. I don't know how much cash it is, but I'm sure if you called up Cort and yelled enough you could get your money back plus whatever your bank charges you for your account being over. >>



Cort is not legally obligated to do a damn thing. However, in the interest of customer service, they might do something for him.

And why refund anything besides the overdraft fee? He's paying a credit bill here, folks. All a refund of one of the payments means is money added to his debt.

 

[Chris A]

<< I'm sure if you called up Cort and yelled enough you could get your money back >>



Yes if customer service is a concern of there's but legaly they owe you nothing... But it cant hurt to ask... Talking to the bank cant hurt either...

 

[StageLeft]

So this WILL affect my credit score, having this happen? Is it part of a credit check?

 

[yellowvespa]

That's a load. You can always get your money back. I don't know how much cash it is, but I'm sure if you called up Cort and yelled enough you could get your money back plus whatever your bank charges you for your account being over.

Never happen. The time Cort allows to confirm that the check has cleared, another payment will be due. Why would Cort pay bank fees because the cutsomer who gave them the check didn't have enough money in the bank. The best that can happen is that an understanding bank manager credits the overdraft charge.

 

[kranky]

If it makes you feel any better, your bank probably would have charged you something to stop payment on the check. If you ask nicely to have the overdraft fee waived and they do, you'll actually be ahead. More good news is at least you're still a Cort customer, so you have leverage. I think it would have been much more of a hassle to get your money back if you were no longer dealing with them.

I think you have a right to ask Cort to ask for a reimbursement of your overdraft fee if the bank won't do it, since without question they are the ones who dropped the ball.

Like yellowvespa said, I think 6 months is how long a check is considered "live" but again, they don't examine the dates when cashing them. If the check isn't written in shillings, they'll probably just put it through. And BTW the bank term for a check that's too old to be cashed is "stale".

 

[yellowvespa]

Calling them up and yelling will get you nowhere. You people giving advice need to learn some manners. Take a course on people management to go along with the manners 101 course. The key when wanting to get something done is to make the person on the other end of the conversation want to do something for you. Yelling will never get it done on a consistent basis.

 

[Amused]

<< So this WILL affect my credit score, having this happen? Is it part of a credit check? >>



Actually, I don't think it does affect your credit. That's what I meant.

 

[Amused]

<< Calling them up and yelling will get you nowhere. You people giving advice need to learn some manners. Take a course on people management to go along with the manners 101 course. The key when wanting to get something done is to make the person on the other end of the conversation want to do something for you. Yelling will never get it done on a consistent basis. >>



Bingo! Of cource, when all diplomacy is used up, a little bitching never hurt

 

[StageLeft]

I just went into the bank and got in a major f**king fight with the manager. Apparently when you go in overdraft there is a $30 fee which they never waiver and I told them how i've been a customer for 6 months and I think that the least they can do is this. They said that they have thousands of customers and basically said they don't give a damn. I cursed the manager and they threatened to call the police. I spat on his shoes and then ran out the front door knocking over one of their new account stands on the way out and screaming "you're gonna get yours". Is this what you meant by being diplomatic...?

--

Actually I went in and pulled out $200 on my credit card and the lady there said that if I go in early monday and talk to their bank manager I will likely get the fee waived. Of course when I go in I'll use the terms "I was told you would waive my fee" The guy there also confirmed that overdraft is not reported to credit agencies and is only used internally on their system. The teller said that since this is only around $100 in overdraft it wasn't likely to have a significant impact on my record with them.

On the way home I saw a geo metro driving around without it's hood. Pretty wild! I went shopping on the way home for some food and stuff and then returned a movie.

 

[Amused]

LOL@Skoorb

 

[myputer]

Have you ever considered getting check guard?

 

[Amused]

<< Have you ever considered getting check guard? >>



Is that like a cup?