|
Welcome to the YorkieTalk.com Forums Community - the community for Yorkshire Terriers. You are currently viewing our boards as a guest which gives you limited access to view most discussions and access our other features. By joining our free community you will have access to post topics, communicate privately with other members (PM), respond to polls, upload content and access many other special features. You will be able to chat with over 35,000 YorkieTalk members, read over 2,000,000 posted discussions, and view more than 15,000 Yorkie photos in the YorkieTalk Photo Gallery after you register. We would love to have you as a member! Registration is fast, simple and absolutely free so please, join our community today! If you have any problems with the registration process or your account login, please click here to contact us. |
|
| LinkBack | Thread Tools |
10-10-2006, 01:12 AM | #1 |
YT 500 Club Member Join Date: Mar 2005 Location: Myrtle Beach,SC
Posts: 697
| Deposit/bad Checks???? It's 4 am. and I can't sleep a wink b/c I am upset and sooo PISSED OFF! I need fellow YT'ers. to console and advise me on this situation.......I will try to keep this as short as possible! On 9/23/06, we were @ the Dog Park Pet Fair, I was hanging out @ my favorite Pet Stores Booth/Stand with both my Yorkies. I was approached by a young couple (early 20's) she claimed she was a 1st grade School Teacher and her BF. was a Personal Trainer, she explained that she had heard from other people from the Dog Park that I had Puppies for Sale and that I was a Breeder. She said they had been looking for a Yorkie for the past 6 months on the Internet and she didn't want to pay less than $1,500.00 or more than $2,000.00 I agreed on $1,800.00 since her Mother was paying for an early Xmas present that way she would have a couple hundred leftover for his "Supplies" too! After speaking to them for about an hour they came over to see my puppies, they left and we went on with our day, about an hour later she called me and said she spoke with her Mother and she wanted me to hold my male puppy for her and as soon as her Mother deposited the money she would give me a check for $500.00 as a DEPOSIT to take him off the Market and HOLD for her. A week had gone by and I didn't hear from her I thought she might have changed her mind or found a better deal? She assured me that she had not and on 9/30/06 she had come over again to see him, and gave me the check from her checking account. She came the following day again to visit. I deposited the check on 10/2/06 and yesterday 10/09/06 I happened to be making a Bank Deposit as usual and she put a "STOP PAYMENT" on the check on 10/06/06 so needless to say I was in Shock that she never called or communicated that she had changed her mind for what ever reason?......I don't care what her cicumstances are? I called her and when she returned my call, I explained that I wasn't going to force her to take him, she claimed her Parents could not give her the rest of the money/balance of $1,300.00 that a Family Emergency came up! I explained that I wrote checks against that money that had BOUNCED b/c of her negligence to communicate! She could have notified me? At that point I was only asking her to cover all my "Bank charges & Fees" that I was charged b/c of this incident. But now all the Vendors that I wrote the Check to are also charging me fees for the RETURNED CHECKS. She non-chalantly replied that when she spoke to her Bank she was told that ther would be NO FEES for her. Well I have to speak to my Bank but I'm sure after all that's said and done I will have to come out of pocket for about $150.00 or more? I do NOT think or feel this is Fair! She claims she can't even afford to pay or reimburse me for anything at all......not one Bank Fee! She cannot understand why I'm upset over bouncing $500.00 worth of checks plus all the fees! I called the rest of my Buyers for the other Puppies and explained that I would only accept cash or money orders from now on. Everyone has advised me to take her to "Small Claims Court" b/c she intentionally wrote a "BAD CHECK", now she wouldn't have done this to "Walmart" or a Regular Business b/c they would report her to the proper Authorities. Well I know this is long, but I had to get this out of my system and vent! Sorry I can't do anymore "Charity" work.....if you have to ask "How much is that Yorkie in the window" than you can't afford him anyway, I know what my Dogs are worth and what they are capable of, I bred my Best together to produce the best I could.....I treat every single one of them with absolute care and they are spoiled rotten! They already have a American Bulldog puppy that was a 8 months old and her B/F was the one taking care of him, she was going to crate her puppy from 5:30 am. to 5:30 pm. Monday to Friday, since they would need to be seperated/supervised. IMO. I'm relieved to know that I saved him from that Household and he wouldn't be in a miserable situation. I didn't bring him into this World to Suffer. He deserves Better, someone that will appreciate him and treat him just as well as I do or even more spoiled than he already is? If that's possible? Well I'm sure I'll get an ear full, but I feel better writing about it......but I don't look foreward to dealing with this mess! This is the first time this happened so maybe I need the Lesson? I guess I'm just upset b/c she has no remorse and didn't apologize and doesn't care that she BURNED ME! |
Welcome Guest! | |
10-10-2006, 01:52 AM | #2 |
Owned by 3 furballs Donating Member Join Date: Aug 2006 Location: Texas
Posts: 6,581
| Wow, that is so messed up. Definitely never take personal checks. You cannot fully trust someone you just met. I agree, take her to small claims court. Good luck
__________________ Bobbi Yorkietalk http://www.dogster.com/dogs/395435 And now........little Aja too! http://www.picturetrail.com/sfx/album/view/23776545 |
10-10-2006, 03:42 AM | #3 |
Donating YT Addict Join Date: Mar 2006 Location: NEW HAMPSHIRE
Posts: 426
| Take her to small claims. Did you have a contract drawn up ? Thank goodness she never got your little guy, just imagine 12 hours in a crate, thats no life for a little one.. Good luck and keep us posted. |
10-10-2006, 03:58 AM | #4 |
BANNED! Join Date: Feb 2005 Location: Illinois
Posts: 1,681
| Gess, Im sorry that happened to you. All those fees!! Have you ever bounced a check with your bank before? Once I made a very serious mistake in my check book and bounced several checks amounting to probably the same as your fees. I never had bounced a check before and have been a long time customer of the bank. I went in, told them I had made a serious mistake, and I just could not afford all the fees. I was in practically in tears. Do you know they waived all fees!!!!!!!! Every last single one. But also reminded me it was a one time deal. Call your bank its worth a try. I have never had a deposit check bounce for a yorkie, I only accept checks to reserve, cash only at pick up. You could still accept checks but you could do what I do. If you call the bank the check is from, and give them the account number from the issued check, they will tell you if there is sufficient funds to cover the amount of the check. It protects me, and it protects the buyer in case they have made a BOO BOO. Good luck and call your bank!! |
10-10-2006, 04:06 AM | #5 |
YT 1000 Club Member Join Date: Sep 2005 Location: Mississippi
Posts: 1,459
| I'm so sorry you are going through this I agree with the above post, go to your bank and talk to them about the fees. If you've never bounced checks before and have a good record with them, they just might waive the fees for you - doesn't hurt to ask and you aren't out any more than you already are in doing so. Best of luck to you!
__________________ Suzi - mom to Gabby and Gage For Mickey |
10-10-2006, 04:08 AM | #6 |
Little Boogers Donating Member Join Date: Feb 2006 Location: virginia beach, va
Posts: 4,460
| that is aweful......imo if they can give you a check, then they have the cash in the bank....so get cash.
__________________ lisa lisa and the cult jam yorkies |
10-10-2006, 04:10 AM | #7 |
YT 500 Club Member Join Date: Jun 2006 Location: Bacliff, TX
Posts: 947
| Cashing the check is the perfect way to avoid this. I had two people put deposits on my pups and then back out within a week. My answer to that problem was a non-refundable deposit. I did not, however, spend the money before I knew the check had cleared. Some lessons are hard to learn. Sorry this happened to you. |
10-10-2006, 04:17 AM | #8 |
BANNED! Join Date: Feb 2005 Location: Illinois
Posts: 1,681
| I missed the part about her stopping payment 4 days after the check was deposited into your account..................UGH!.................I didnt know someone would stop payment on a check that had already been deposited into an account?? |
10-10-2006, 04:38 AM | #9 |
Donating YT 500 Club Member Join Date: Mar 2006 Location: Sault Ste. Marie Ontario Canada
Posts: 860
| From what I know about banking (it could be different here in Canada) but I don't think she's responsible. Firstly, because she put a stop payment on a cheque doesn't mean that she meant to defraud you. Putting the stop payment shows that she changed her mind. If she'd meant to defraud she probably would have not put a stop payment on the cheque and just let it bounce. Secondly, the onus is on you to ensure that the cheque clears before you write cheques against it. I don't believe she's responsible for the fees due to the bounced cheques as the responsibility is yours to ensure that the money is in your account for what you write. Like I said, I could be wrong, but I'm pretty sure that's how it works. I was in a similar situation about 20 years ago...it's a long convoluted story so I won't get into it here, but it ended up being that I had to pay for fees because a cheque that was originally deposited into my account, bounced. I don't blame you one bit for being upset. I know I was seething mad because I had written many cheques that ended up bouncing. Going by people's word used to mean something at one time...it doesn't seem to mean anything these days. Because I'd dealt with my bank for a long time, they ended up waiving my fees because they felt bad for me and the situation I was in. I know that my breeder accepts cheques but only certified ones (where the bank guarantees the finances.) That might be the way to go in the future. Or even set up a separate account for cheques for holding yorkies. When the cheque clears, then you can deposit it into your regular chequing account. I'm so sorry this happened to you. |
10-10-2006, 04:39 AM | #10 | |
Donating YT 500 Club Member Join Date: Mar 2006 Location: Sault Ste. Marie Ontario Canada
Posts: 860
| Quote:
oops...sorry about posting this twice...i hit the wrong button! | |
10-10-2006, 04:48 AM | #11 |
YT 500 Club Member Join Date: Oct 2004 Location: Brooklyn, NY
Posts: 550
| I agree with the other posts, she did stop payment of check, she was wrong not to notify you though. In the future when you cash a check, wait for it to clear before writing checks against that money, or ask for a bank check. I honestly would wait until the transaction is complete and put that money aside. People act quickly then change their minds. Like someone asked did she have a contract with you? Then you can take her to small claims court. Sorry to hear about the finacial mess that your in , maybe the bank can waiver some of the fees if this is the first time. Good Luck! |
10-10-2006, 05:11 AM | #12 |
I Love My 3 Lovebugs! Donating Member Join Date: Feb 2005 Location: north east ohio
Posts: 4,776
| I agree that she should have notified you that she was going to put the stop payment on your check. It would have been common descency. But, she should not be responsible for your bank fees. I am self employed, so I always get checks from people. That is my income. Knowing that any of those checks can bounce, I have a reserve in my checking account that will cover any thing if someone bounces a check on me and I happen to over draft my account. Very rarely happens, but its better to be covered. And yes, I have had stop payments also. But you should never write checks on money in your account that HAS NOT cleared yet. Its common sense. You should always wait till that check has cleared and it shows up as cashed. Its not rocket science! IMO, its not good business to go after someone to make them pay for your mistake. Maybe you should keep a reserve on your account from now on.
__________________ ~Mandy~Proud Mommie to Luigi, Brasco & Livi |
10-10-2006, 05:44 AM | #13 |
Donating Yorkie Yakker Join Date: Jul 2006 Location: kansas
Posts: 157
| As a business owner, I accept checks all the time and out of hundreds a few do bounce. I can send the check writer a certified letter to demand payment plus a fee (current charge is $20.00). If no response within a specified period of time (usually 10 days from post) a copy of the certified letter and the check is turned over to the county attorney and they handle it from there. However, in my case the person has the merchandise and I have a worthless check. In your case, since it was for the deposit and they didnt actually have the "goods" (puppy) that probably wouldnt apply. Did you have a contract stating non-refundable deposit? Since these people didnt know you, they may have felt they would be out the $500.00 if they didnt stop payment on the check regardless of the circumstances. I agree a courtesy phone call to let you know their circumstances had changed would have been a better way for them to go. I dont have any puppies to sell but if I ever do, I would accept checks as payment along with a contract. If I couldnt trust them to be good for the money, I wouldnt want to trust them to care for the puppy anyway. I agree with others who said to talk to your bank. It is possible that given the circumstances they will waive their usual fees as banks dont want to lose any customers these days either. |
10-10-2006, 06:48 AM | #14 |
Donating YT 500 Club Member | From my understanding the bank can honor a stop pay as long as the check hasn't cleared your account, which normally would take 3 business days. She probably was able to do this at the last minute. When it comes to banks that are Federally insured they all have the same regulations regarding check clearances and the number of days they have to process a checks and deposits. These are very strict regulations and every bank should make a copy of their policy available to anyone who asks and they normally have to have a copy of this policy posted within the bank. If you really want to pursue her for compensation for your expenses you could probably win in small claims. Her writing a check, I think, is essentially like signing a contract and she is obligated to honor her contract. Most likely if you remain polite and have been a good customer for your bank, they would waive the fees. The bank I used to work for did this quite often. Good luck!! One other thing - even if you call and there are sufficient funds to cover that check at that time. By the time a check is deposited and actually gets to the home bank the funds may not be there. It is best if there is any question and if possible to go to the bank and get it cashed. That way no Stop Pay could ever be issued, and you've got your money in hand!! Maybe God was intervening and keeping your baby out of a really bad home
__________________ ~Ruby, Reno, Razz, & Jack~ |
10-10-2006, 06:59 AM | #15 |
BANNED! Join Date: Feb 2005 Location: Illinois
Posts: 1,681
| Well the stop payment on check was driving me crazy! Because I didnt fully understand how that worked. So I called my bank. If you cash the check at your bank, they send it to the other bank to clear which takes from 3 to possibly 7 days, but they said usually not more then 5 days. So if during that time they stop payment before the check clears, your SOL! My bank said the best thing to do if possible, is cash it at their bank and it clears immediately and they can not stop payment. Just posting this in case someone else didnt understand how that works. I offer refundable deposits, I figure if they want their money back, then my pup isnt the pup for them and I dont want people to feel obligated to purchase a pup they change their mind about. There are always exceptions to a rule, such as if I held a puppy for months and then at the very last minute they wanted a refund, then I may keep a small portion. Since I offer refundable deposits, and I make it very clear up front and mean it............if someone stopped payment and didnt have the courtesy to notify me................they better run as fast as their lil legs could carry them!!!!.........not really........but I would be one red hot chili pepper. |
Bookmarks |
|
|
Thread Tools | |
| |
|
|
SHOP NOW: Amazon :: eBay :: Buy.com :: Newegg :: PetStore :: Petco :: PetSmart