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I've had trouble with this company already, so now I'm just livid. Despite all that, I want to know if I have recourse here or should see an attorney.
I paid the correct amount -- the correct amount was in my bank (albeit by a slim margin, it was there). I paid on time.
Fast forward a few days I get a call (well actually I didn't answer as I was on an important business call) I listened to the messages later that evening that my check had bounced and I now owed the apartment company my rent (and they quoted the wrong number) plus $50 late fee and $25 nsf fee.
I had talked to my bank a few days earlier as I saw an nsf show up. they reversed it immediatley -- they told me that a check for XXX8 came in but I only had XXX2. I was like huh? I only wrote on check for XXX0 which is clearly written in the legal line (supposedly my Zero in the number field looked like an 8 -- it really does not though to me).
Anyway the bank refunded my NSF immediatley and said the apartment would most likely just resubmit and it would go through, my paycheck was clearning anyway so they'd get the extra $8 too (idiots)
so it was after midnight that I got the message that I would have to give a cashiers check for EXTRA money despite the fact they made a mistake (apartment company kept saying XXX8 as if they did not realize I'd never even owed them XXX8 in the first place) I wondered if they submitted something to my bank saying it was supposed to be XXX8 instead of XXX0 as I could not see the bank just ignoring the legal written portion. either way -- it was not my mistake but the bank or the apartment company plus the bank.
Regardles of whose fault it was I immediatley went to the website and logged in and paid the amount plus fees -- this is important because -- I was out of town and could not go get a casheirs check -- also because -- I was unable to login to their website to do autopays since they "upgraded it" I was never able to reactivate my account for some reason, an error. I figured it out (on their behalf) only a day or two ago -- it turned out they had my WRONG birth date in their system so everytime I Tried to create my account (though it worked fine the first few months I was here, the problem came in after the "upgrade") so anyway -- I have email proof that this was also their fault.
I went and paid online and forwarded them the recipt of me paying online since I can't go to their office -- but I also demanded a refund of the fees since I clearly paid on time, have carbon copy of the check withe correct amount, and they keep saying I failed to pay $XXX8 which I have never owed, I owed XXX0 ...ughh
anyway they ignored my messages, the receipt of online payment and didn't even call me to discuss (I could literally show them my bank statement right now with the pending payment and plenty of money in my account) and I came home to a written copy of the pay or quit, 3 day notice and they need a cashiers check ...
I am going to go into the office tomorrow and show them all the evidence that I've paid and my original check but seriously wth??
I'd love to quit believe me but I have a busy week coming up and the last thing I need is coming home monday to the sheriff.
Can they really try to evict me over their mistake or the banks mistake when I have proof that paid the right amount, had the money and it was on time?
It looks to me like, it is their error (whether in reading your check incorrectly, not checking what your rent amount was, or whatever). Stand your ground. Go to the office in person and stand there till they do what's right. Mistakes happen, but they should make it right if it's their mistake.
Your landlord didn't bounce your check, your bank did. If you want to get angry at someone get angry at the bank....they made the error, they bounced your check.
Your landlord has heard sob story after sob story about bounced checks and isn't about to listen to yours. What you need to do is get something in writing from the bank admitting they made an error on your account and turn that in to the landlord. Will they refund your money? Maybe, maybe not...you check DID bounce....your error or not...it bounced.
If the error was the bank's they'll reimburse the fees. Just make sure that the property management company adjusts their records accordingly so that nothing shows up in the future.
what I don't get is that the rental company keeps saying I "owe" them "xxx8" as if they thought that was the number as well ...when they should know exactly what the number I owed should have been. They even wrote "xxx8" as being delinquent on the quit or pay notice. I don't know how it works but I wondered if, in this area since there are a lot of us with the same bank they fill out some type of automated deposit slip or something.
The bank already returned the nsf fees to me. The check would not have bounced if the correct (and what was legally written) amount would have hit!
I have the carbon copy so this should not be hard to prove. No sob story here. The sob story is they are complete @#^%#% about everything.I sent them two emails and they didn't respond at all and on top of that left the note on my door with the data "July 11th" for the quit or pay. They put it on my door July 12th, not July 11th. I was home until midnight on July 11th and there was no note when I left.
They called me and left a message on Friday that I did not hear until late that night.
I think they are trying to push me out as I live in a prime apt. with a view...they are remodelling units as people leave and its way harder to rent these apts in Jan than it is in August.
I can't imagine a bank making an error on the legal amount without being guided by some kind of deposit slip. At any rate they acknowleged it and told me most of the time people send the check through a second time, they did not do that.
Look I'm not worried about a $75 fee (though it does upset me as I'm not in the best spot financially at the moment -- of course I ALWAYS pay my bills, an extra 75 just means its tighter now).
What I don't like is feeling bullied about being evicted over an obvious error...or being bullied at all by a giant company. I'm a single woman and these people have a reputation, they own a lot of properties and real estate here and its really uncomfortable. I've had crappy landlords but not ones who refuse to listen to you and will do whatever they possibly can so long as their lawyers can say "they acted legally"
The apartment complex didn't do anything wrong and your bank made an error and should refund you all fees you got charged with. My bank did it once over a decade ago and they refunded me for their error. The apartment complex has no way of knowing who is right or wrong. The bank may contact them and see if the apartment complex wants to waive the fees but otherwise the bank will pay them.
Don't blame the party that didn't do you wrong. Be mad or upset at the banks error.
But errors can be fixed.
Quote:
Originally Posted by rgb123
I've had trouble with this company already, so now I'm just livid. Despite all that, I want to know if I have recourse here or should see an attorney.
I paid the correct amount -- the correct amount was in my bank (albeit by a slim margin, it was there). I paid on time.
Fast forward a few days I get a call (well actually I didn't answer as I was on an important business call) I listened to the messages later that evening that my check had bounced and I now owed the apartment company my rent (and they quoted the wrong number) plus $50 late fee and $25 nsf fee.
I had talked to my bank a few days earlier as I saw an nsf show up. they reversed it immediatley -- they told me that a check for XXX8 came in but I only had XXX2. I was like huh? I only wrote on check for XXX0 which is clearly written in the legal line (supposedly my Zero in the number field looked like an 8 -- it really does not though to me).
Anyway the bank refunded my NSF immediatley and said the apartment would most likely just resubmit and it would go through, my paycheck was clearning anyway so they'd get the extra $8 too (idiots)
so it was after midnight that I got the message that I would have to give a cashiers check for EXTRA money despite the fact they made a mistake (apartment company kept saying XXX8 as if they did not realize I'd never even owed them XXX8 in the first place) I wondered if they submitted something to my bank saying it was supposed to be XXX8 instead of XXX0 as I could not see the bank just ignoring the legal written portion. either way -- it was not my mistake but the bank or the apartment company plus the bank.
Regardles of whose fault it was I immediatley went to the website and logged in and paid the amount plus fees -- this is important because -- I was out of town and could not go get a casheirs check -- also because -- I was unable to login to their website to do autopays since they "upgraded it" I was never able to reactivate my account for some reason, an error. I figured it out (on their behalf) only a day or two ago -- it turned out they had my WRONG birth date in their system so everytime I Tried to create my account (though it worked fine the first few months I was here, the problem came in after the "upgrade") so anyway -- I have email proof that this was also their fault.
I went and paid online and forwarded them the recipt of me paying online since I can't go to their office -- but I also demanded a refund of the fees since I clearly paid on time, have carbon copy of the check withe correct amount, and they keep saying I failed to pay $XXX8 which I have never owed, I owed XXX0 ...ughh
anyway they ignored my messages, the receipt of online payment and didn't even call me to discuss (I could literally show them my bank statement right now with the pending payment and plenty of money in my account) and I came home to a written copy of the pay or quit, 3 day notice and they need a cashiers check ...
I am going to go into the office tomorrow and show them all the evidence that I've paid and my original check but seriously wth??
I'd love to quit believe me but I have a busy week coming up and the last thing I need is coming home monday to the sheriff.
Can they really try to evict me over their mistake or the banks mistake when I have proof that paid the right amount, had the money and it was on time?
Your landlord didn't bounce your check, your bank did. If you want to get angry at someone get angry at the bank....they made the error, they bounced your check.
Your landlord has heard sob story after sob story about bounced checks and isn't about to listen to yours. What you need to do is get something in writing from the bank admitting they made an error on your account and turn that in to the landlord. Will they refund your money? Maybe, maybe not...you check DID bounce....your error or not...it bounced.
How about sue the bank and the landlord and let the court sort it out.
When I receive a payment from a tenant I simply endorse it and deposit it. What your bank does is not my problem. On my end its either clear or not cleared funds. Any charges I incur from the check not clearing I pass on to you. You can go to your bank and try to get your money from them. I cannot control what your bank does. And as far as resubmitting anything I'm gonna call you and tell you that your check bounced. If I resubmit and the check bounces again now I pay twice the charges.
Quote:
Originally Posted by freemkt
How about sue the bank and the landlord and let the court sort it out.
What are you suing the LL for? Depositing your check? Christ is that the answer for everything? I'll sue you? I would love to see that case. Well see your honor the LL deposited my check for the owed rent but it bounced due to my banks mistake so I feel the LL is unfair and I'm suing.
As a LL I cannot do anything with your check except deposit it in my account. Once your bank doesn't clear or release the funds that is now your problem. You just made me incur losses of rent and charges and damaged me financially. But you're gonna sue instead. I don't call your bank and resubmit anything nor do I have any way to even speak to someone at your bank. The most I could do is go and cash the check there on your account. The money is either there or it isn't.
If you want no bank issues pay with cash or money order on the day its due and get a paid in full receipt.
Last edited by Electrician4you; 07-13-2014 at 01:27 PM..
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