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Posted: 7/14/2016 7:56:12 AM EDT
[#1]
If the check was written to you and the bank failed to verify that the person cashing the check was, in fact, you, the liability falls on them as I recall.
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Posted: 7/14/2016 12:26:58 PM EDT
[#2]
Was the check cashed or deposited?
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Posted: 7/14/2016 4:02:42 PM EDT
[#3]
just got a copy of the check. Looks like it was cashed at a market and then marked for deposit only. Going to PD tomorrow to file report and maybe they can help, who knows.
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Posted: 7/14/2016 4:19:48 PM EDT
[#4]
I think the market is fooked, but I haven't been in banking for a hell of a long time.
The utility should issue a new check, send it to the correct address, and go after the market. |
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Posted: 7/14/2016 4:38:51 PM EDT
[#5]
They never cancelled the check?
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Posted: 7/14/2016 9:37:07 PM EDT
[#6]
It's not your responsibility per UCC Article III. TN and/or the market is liable.
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Posted: 7/15/2016 7:01:59 AM EDT
[#7]
Quote HistoryQuoted:
They never cancelled the check? I have a copy of the cancelled check. The market deposited it in their bank thanks for the input guys. I'll check out that UCC Article III |
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Posted: 7/15/2016 7:35:25 AM EDT
[#8]
Kind of related. I worked at a small company in the 1990's. The accountant was embezzling money from the owners. He would write checks to Workman's Comp for example with it actually written to Workman's Comp. The deposit them in his own account. The companies lawyer figured he must have been working with someone in the bank and was giving them a kickback to deposit them.
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Posted: 7/15/2016 7:54:29 AM EDT
[#9]
Quote HistoryQuoted:
I have a copy of the cancelled check. The market deposited it in their bank thanks for the input guys. I'll check out that UCC Article III Quote HistoryQuoted:
Quoted:
They never cancelled the check? I have a copy of the cancelled check. The market deposited it in their bank thanks for the input guys. I'll check out that UCC Article III I believe he is asking "The utility company never issued a stop payment on the check?" The term he was looking for is "stop payment" if I understood correctly. Most of the time stop payments cost money, only last for a couple months, and most utility companies etc wouldn't be willing to issue one in this case. |
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Posted: 7/15/2016 8:04:17 AM EDT
[#10]
OP, don't stop at talking with the first idiot you get on the phone at the utility. As long as they have a IQ of 50 and can say ''hello,'' they are call center material. Move up the line, ask to speak to management, get names and positions and tell them you want to file a corporate complaint. Keep track of ALL you spoke with, employees HATE being named when you go up the chain.
They screwed up with the address, they sent the check to someone else. End of story. |
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Posted: 7/15/2016 5:47:01 PM EDT
[#11]
They utility failed to deliver the refund.
The market that accepted a third party check is on the hook. Threaten to file a written complaint with the state utility commission and demand a correctly delivered refund. How much money is this? It matters. |
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Posted: 7/16/2016 10:55:13 PM EDT
[#12]
PC slowed down to the point I wiped the drive and just got back up. ugh.
Don't know if Util Co issued a stop. This is a small town. It's only a about $200 but that's not chump change, so I intend to follow to conclusion. And don't like thieves. PD I went to told me I'd need to go to town where Util Co is. Wrong. Talked to Util mgr, who appeared trying to be helpful and called the PD I went to where she has a contact and reported back an officer will call next week and I'll make a phone report. She just ignored the UCC supplied by above poster, which I'll use in small claims court if this becomes protracted. She only said court action on my part would just cost money. She's saying since the crime happened in the town I'm in now, the original PD I went to is where the report should be filed. I'll go up the chain as above poster suggested if necessary, but it may be easier if the PD contacts the market and gets the money, that could be faster. So we'll see. |
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Posted: 7/31/2016 8:31:27 AM EDT
[#13]
Quote HistoryQuoted:
PC slowed down to the point I wiped the drive and just got back up. ugh. Don't know if Util Co issued a stop. This is a small town. It's only a about $200 but that's not chump change, so I intend to follow to conclusion. And don't like thieves. PD I went to told me I'd need to go to town where Util Co is. Wrong. Talked to Util mgr, who appeared trying to be helpful and called the PD I went to where she has a contact and reported back an officer will call next week and I'll make a phone report. She just ignored the UCC supplied by above poster, which I'll use in small claims court if this becomes protracted. She only said court action on my part would just cost money. She's saying since the crime happened in the town I'm in now, the original PD I went to is where the report should be filed. I'll go up the chain as above poster suggested if necessary, but it may be easier if the PD contacts the market and gets the money, that could be faster. So we'll see. The utility should handle making everything right. Here's how it should work. Utility should notify their bank (bank that the check was drawn on), and that bank will work with the market's bank to determine which bank will "cover" the check and involves internal banking rules. Ultimately the utility company's bank will make the utility company whole again and there is no reason that the utility company shouldn't cut you a new check once they have confirmation that the check was cashed and a police report saying it wasn't cashed by you. |
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Posted: 7/31/2016 10:16:31 AM EDT
[#14]
Quote HistoryQuoted:
The utility should handle making everything right. Here's how it should work. Utility should notify their bank (bank that the check was drawn on), and that bank will work with the market's bank to determine which bank will "cover" the check and involves internal banking rules. Ultimately the utility company's bank will make the utility company whole again and there is no reason that the utility company shouldn't cut you a new check once they have confirmation that the check was cashed and a police report saying it wasn't cashed by you. Quote HistoryQuoted:
Quoted:
PC slowed down to the point I wiped the drive and just got back up. ugh. Don't know if Util Co issued a stop. This is a small town. It's only a about $200 but that's not chump change, so I intend to follow to conclusion. And don't like thieves. PD I went to told me I'd need to go to town where Util Co is. Wrong. Talked to Util mgr, who appeared trying to be helpful and called the PD I went to where she has a contact and reported back an officer will call next week and I'll make a phone report. She just ignored the UCC supplied by above poster, which I'll use in small claims court if this becomes protracted. She only said court action on my part would just cost money. She's saying since the crime happened in the town I'm in now, the original PD I went to is where the report should be filed. I'll go up the chain as above poster suggested if necessary, but it may be easier if the PD contacts the market and gets the money, that could be faster. So we'll see. The utility should handle making everything right. Here's how it should work. Utility should notify their bank (bank that the check was drawn on), and that bank will work with the market's bank to determine which bank will "cover" the check and involves internal banking rules. Ultimately the utility company's bank will make the utility company whole again and there is no reason that the utility company shouldn't cut you a new check once they have confirmation that the check was cashed and a police report saying it wasn't cashed by you. Exactly. You should not being doing any leg work on this other than a letter to the utility saying you have not received your money. Depends where you live but no cop here is trekking around check cashing places tracking down your 2 bills .. |
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Posted: 8/11/2016 9:49:38 AM EDT
[#15]
OP Any updates?
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Posted: 8/18/2016 5:16:13 PM EDT
[#16]
Quote HistoryQuoted:
I believe he is asking "The utility company never issued a stop payment on the check?" The term he was looking for is "stop payment" if I understood correctly. Most of the time stop payments cost money, only last for a couple months, and most utility companies etc wouldn't be willing to issue one in this case. Quote HistoryQuoted:
Quoted:
Quoted:
They never cancelled the check? I have a copy of the cancelled check. The market deposited it in their bank thanks for the input guys. I'll check out that UCC Article III I believe he is asking "The utility company never issued a stop payment on the check?" The term he was looking for is "stop payment" if I understood correctly. Most of the time stop payments cost money, only last for a couple months, and most utility companies etc wouldn't be willing to issue one in this case. The check was deposited and cashed before a stop could be done. |
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Posted: 8/18/2016 5:21:42 PM EDT
[#17]
Quote HistoryQuoted:
OP, don't stop at talking with the first idiot you get on the phone at the utility. As long as they have a IQ of 50 and can say ''hello,'' they are call center material. Move up the line, ask to speak to management, get names and positions and tell them you want to file a corporate complaint. Keep track of ALL you spoke with, employees HATE being named when you go up the chain. They screwed up with the address, they sent the check to someone else. End of story. That was my thinking. I got tired of getting the run around from the util. co. and PD, so just cooled it for awhile. In the next day of two I'll be call the board of directors and who ever else and let pass on the advice posted here. I'll let them know I'll just "keep calling you back" until you pay me. |
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Posted: 8/18/2016 5:23:34 PM EDT
[#18]
Quote HistoryQuoted:
They utility failed to deliver the refund. The market that accepted a third party check is on the hook. Threaten to file a written complaint with the state utility commission and demand a correctly delivered refund. How much money is this? It matters. $200. And I'll add that to my to do list. |
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Posted: 8/18/2016 5:36:36 PM EDT
[#19]
Quote HistoryQuoted:
If the check was written to you and the bank failed to verify that the person cashing the check was, in fact, you, the liability falls on them as I recall. This is accurate. |
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Posted: 8/18/2016 5:41:16 PM EDT
[#20]
Quote HistoryQuoted:
OP Any updates? Got a Sgt on the phone and told him about the check and market. He was pulling the the market before we got off the phone. Ha . Pretty good. ( good ol' boy) He later informed me woman with same last name cashed the check and used her correct ID. Thank goodness most criminals are stupid. She was already in the system there, so they may keep her for awhile or set bail she can't handle. Well bye Several days later it was assigned to an investigator. Nice guy. They had been busy with 3 or 4 shootings. Only two investigators on duty. Yesterday the assigned Sgt. called and told me as soon as he picked up the orig. check from the util. co. he would "issue a warrant on the ol' gal." One felony and one misdemeanor. Could be I'll get the cash from her by restitution through the court, but as suggested above I'll be calling upper mgt. at the util co. |
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Posted: 10/23/2016 12:57:49 PM EDT
[#21]
Any update?
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Posted: 10/24/2016 7:14:00 PM EDT
[#22]
It is on the check issuer to make you whole.
They have no evidence YOU ever received the money. Time to call whatever state regulator controls them. The complaint is 'no refund received.' |
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Posted: 11/8/2016 1:38:19 AM EDT
[#23]
One problem: the power co. is a co-op, so no state authority oversees them. What bs. Just resigned to posting on social media what a dirtbag the GM of the co. is and facts related. IOW, I'm going to embarrass the crap out of him. Show me some money and I'll delete it son of bitch and not just what you owe me. The dirtbag gave me some good ammo in a letter he sent me, accusing me of being related to thief based on his mickey mouse inet search. ha dumbass
Just went to court hearing, sat there hour and half. Said F this and walked over to prosecutor and asked how much longer? Said she'd check. Fuuuuuu. The thief waived hearing and going to grand jury. So I didn't even need to come in. Fn rookie lawyer dumbass. The detective saw I was giving her a hard time ( told her just drop it, I wasn't coming back) walked over and said slim chance I'd be needed again, only if jury trial. Since he has confession and concrete evidence, I'm guess she'll plead out. |
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Posted: 11/8/2016 11:19:20 AM EDT
[#24]
Thanks for the update OP. At least the thief is not getting off too easy I guess.
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Posted: 11/8/2016 3:34:28 PM EDT
[#25]
I would file suit against the utility and the stop-n-rob in small claims court.
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Posted: 11/16/2016 2:44:58 PM EDT
[#26]
Quote HistoryQuoted:
I would file suit against the utility and the stop-n-rob in small claims court. trust me , I've considered all avenues. The crooked small claims court wanted $200 to file. Most places I've heard of it's south of $50. I've been assured I'd get the money though the court by restitution, so that would be much cheaper and simpler if true. If not, I'll harass the stop and rob. Should know something just after first of year. |
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Posted: 11/16/2016 2:52:00 PM EDT
[#27]
Quote HistoryQuoted:
OP, don't stop at talking with the first idiot you get on the phone at the utility. As long as they have a IQ of 50 and can say ''hello,'' they are call center material. Move up the line, ask to speak to management, get names and positions and tell them you want to file a corporate complaint. Keep track of ALL you spoke with, employees HATE being named when you go up the chain. They screwed up with the address, they sent the check to someone else. End of story. Pretty much this ^ I think FX and I are cut from the same cloth ... rarely does his views and thoughts stray far from my own 
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