Any suggestions on a new twist

vialna · 12-15-2006, 06:37 PM

i posted a short time ago under opinions plzzzz...

situation is this: have a charged off account with know oc, being collected by ca...last paid on this account 06-02...am in florida...4yr open under florida
have passed that...5 yr written in 06-07

i rec. a letter from the ca, first...requested validation...received a letter from oc stating they had recieved my INQUIRY", and in this letter i had two choices,
claim identy theft/fraud...or sign showing acceptance of liability....i did neither
filed it with others...

today i receive a letter from oc with a check in it for $1.71 stating that
this was to reimburse me for the current balanced on my acct. and that if the money paid to me was for overpayment on this account then i may receive a statement for subsequent finance charges assessed from the date of my previous statement until the date your full payment was received...if i had any question i was to call 800 blah blah blah....

Now this oc charged off this account in 01-03 and according to the all three cb
has sold, tranfed, paid. on this account.

i would like to know what the heck is going on....

i did not cash the check figuring the ca might be trying to see if i have a checking account through depositing it...although check is from oc., has oc name on check.

on the same day i received a report from experian stating that they have researched the credit acccount and that they verified that this items belongs to me...

what does that mean.....i am clueless in florida in regards to this matter...any suggestions or opinions will be appreciated...tks all.....v

rikers1 · 12-15-2006, 06:46 PM

Quote:

Originally Posted by vialna

i posted a short time ago under opinions plzzzz...

situation is this: have a charged off account with know oc, being collected by ca...last paid on this account 06-02...am in florida...4yr open under florida
have passed that...5 yr written in 06-07

i rec. a letter from the ca, first...requested validation...received a letter from oc stating they had recieved my INQUIRY", and in this letter i had two choices,
claim identy theft/fraud...or sign showing acceptance of liability....i did neither
filed it with others...

today i receive a letter from oc with a check in it for $1.71 stating that
this was to reimburse me for the current balanced on my acct. and that if the money paid to me was for overpayment on this account then i may receive a statement for subsequent finance charges assessed from the date of my previous statement until the date your full payment was received...if i had any question i was to call 800 blah blah blah....

Now this oc charged off this account in 01-03 and according to the all three cb
has sold, tranfed, paid. on this account.

i would like to know what the heck is going on....

i did not cash the check figuring the ca might be trying to see if i have a checking account through depositing it...although check is from oc., has oc name on check.

on the same day i received a report from experian stating that they have researched the credit acccount and that they verified that this items belongs to me...

what does that mean.....i am clueless in florida in regards to this matter...any suggestions or opinions will be appreciated...tks all.....v

First That is not valadation by any means. Send them a second DV telling them just that.

Don't cash that check. I think what you suspect is right, and if you cash it you are also admitting the account is yours.

What the CRA did is call, or fax to the collector and they replied Yep it's yours.

jlynn · 12-15-2006, 06:49 PM

[quote=vialna;25518]i posted a short time ago under opinions plzzzz...

situation is this: have a charged off account with know oc, being collected by ca...last paid on this account 06-02...am in florida...4yr open under florida
have passed that...5 yr written in 06-07

i rec. a letter from the ca, first...requested validation...received a letter from oc stating they had recieved my INQUIRY", and in this letter i had two choices,
claim identy theft/fraud...or sign showing acceptance of liability....i did neither
filed it with others...

today i receive a letter from oc with a check in it for $1.71 stating that
this was to reimburse me for the current balanced on my acct. and that if the money paid to me was for overpayment on this account then i may receive a statement for subsequent finance charges assessed from the date of my previous statement until the date your full payment was received...if i had any question i was to call 800 blah blah blah....

Now this oc charged off this account in 01-03 and according to the all three cb
has sold, tranfed, paid. on this account.

i would like to know what the heck is going on....

Quote:

i did not cash the check figuring the ca might be trying to see if i have a checking account through depositing it...although check is from oc., has oc name on check.

Sounds like it could be a trojan check.

centex · 12-15-2006, 06:55 PM

If you could confirm that they did not zero out the balance with the OC, it would almost be worth endorsing it back to them (the OC) and remitting it to be applied to the account balance. Then, if it *was* a trojan check, the CA would attempt to levy the account of their client.

rikers1 · 12-15-2006, 06:59 PM

Quote:

Originally Posted by centex

If you could confirm that they did not zero out the balance with the OC, it would almost be worth endorsing it back to them (the OC) and remitting it to be applied to the account balance. Then, if it *was* a trojan check, the CA would attempt to levy the account of their client.

Your quick wit never ceases to amaze me.

vialna · 12-15-2006, 07:05 PM

fyi

the experian report shows items as of date reported 11-06
balance amount 0
date of last payment 2-03
date of last activity 11-02

centex what are u suggesting?????

v

centex · 12-15-2006, 07:15 PM

vialna, who cares what EXP shows. What does the OC's internal computer show? Your post says THEY sent you the check but also discuss other potential balances and finance charges, which raises the question of whether the check truly could have zero'ed out the account.

Thus...the theory becomes one of "if the check is from the OC but you still owe the OC money according to their system, you endorse the check as payable to them." Simply a third-party endorsement. Just like if a client has bond money coming back to them and they have their family sign the check from the county over to us and then we deposit the check. Except in this instance, if the OC cashes the check and it IS a trojan, the CA then has the banking information for the OC, not you...and it is the account of hte OC that the CA tries to attach.

CtrlAltDelete · 12-15-2006, 07:27 PM

Centex like the approach - do you know if it's every worked?

spinn · 12-15-2006, 07:30 PM

Thats brilliant.

You could also go into a bank and type your account number onto the blank deposit slips and all of the customers would deposit money into you account..........

Wait dont do that....but it did work in North Carolina.

vialna · 12-15-2006, 07:32 PM

i understand, however the check amount is only for $1.71 and i am not in a postion due to cancer to play games with the big boys should this backfire..i have already lost one judgement that i tried to defend my self and had to refinance my home to pay it off...cant risk another suit by playing wolf...tks v

spinn · 12-15-2006, 07:46 PM

I am sorry you are sick Vialna......

I personally would never cash a small check unless I knew exactly who it was from and what it was for. It is just too easy to print checks these days......all they need is your account number.

I bet this is a trojan check. I would keep it as evidence, I remember Edelman Combs pursuing someone for a similar scheme involving the issuing of a new credit card to pay off an old one.

JayinGR · 12-15-2006, 07:59 PM

I believe everyone here is correct that it is a trojan check. I am sorry for your illnes vialna. I dont think want Centex is suggesting is a game though. It is pretty much calling their bluff becase they are most likely looking to attach your bank account

jlynn · 12-15-2006, 08:13 PM

Yeah, but could sending it back, and using it to make a payment possibly restart the SOL in Vialna's particular state?

$1.71 and your sick. Pandmel it. (shred it

)

JayinGR · 12-15-2006, 08:16 PM

Quote:

Originally Posted by jlynn

$1.71 and your sick. Pandmel it. (shred it

)

LMAO...only you jlynn....

Pale Rider · 12-15-2006, 08:17 PM

Keep the check as evidence. How could you possibly owe them anything if they are refunding you money? They just gave you a defense. "Your Honor, they are trying to refund money to me on the account, so it is not possible that I owe them anything".

vialna · 12-15-2006, 09:43 PM

my question exactly, why would the oc send me an refund check for 1.71 on an account that was charged off in 01-03....almost 4 years latter, especially when this account was sold 2-03...????? to a ca that i requested validation from????

v

spinn · 12-15-2006, 09:47 PM

Vialna when you cash this check they will then know your bank and checking account number. If...and only if......they have a judgment against you they can then seize the monies in the account to pay off the judgment.

They do not appear to have a judgment against you for this debt...so they either have another judgment against you or are really trying to do something bad.

You mentioned you refid to pay off another judgment, did that completely pay it off? And was...and I am not sure the exact term or process, the judgment satisfaction enetered?

vialna · 12-15-2006, 10:50 PM

i dont plan on cashing this check...i plan to hold onto it and it this ca trys to file a lawsuit against me in the near future i will use it as evidence in that case
so far this was all in response to my requesting validation from a ca after the oc charged off this account in 01-03..v

Hedwig · 12-16-2006, 02:53 AM

Quote:

Originally Posted by jlynn

Yeah, but could sending it back, and using it to make a payment possibly restart the SOL in Vialna's particular state?

$1.71 and your sick. Pandmel it. (shred it

)

That's what I was wondering. Is this not necessarily a trick to get the bank information, but a trick to restart the SOL since they know it's past?

Quote:

Originally Posted by Pale Rider

Keep the check as evidence. How could you possibly owe them anything if they are refunding you money? They just gave you a defense. "Your Honor, they are trying to refund money to me on the account, so it is not possible that I owe them anything".

I agree. Hold on to the check as evidence.