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Old 10-01-2012, 01:46 PM
 
2 posts, read 3,515 times
Reputation: 11

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Hello, I'm new here, so thanks to anybody that helps with my problem. Mod CutMy girlfriend just moved out of her apartment, here's what happened:

She gived a 30 days notice on August 1st to move out. However, she needed to stay until the 7th of Sep to pack/clean/moveout.

So she asked for a 7 day stay, and was told by WVA to paid a check for "7 day pro-rate" for Sep 1st~7th (move out on 7th) for $329. She did, and this is check # 238 for reference. Westlake accepted the check, as well as giving her a receipt for it.

Now Westlake says my girlfriend's check didn't go through, and now she owes an NSF fee of 25$ on top of the 329$. She's willing to write them another check for 329, but not the NSF fee, mostly because:

- Her checking account for that was beyond $2000 at the time, and was at 1500~2000 at any given moment between then and now, so there should of been no problem due to insufficient funds.

- She paid them using the same checkbook, check #237, for a tenant application fee (for my apartment) and that went through. She also paid them before for rent using the same checkbook/account.

- She paid me using the same checkbook for her part of the rent in my apartment, check #239, so the checks before and after went through no problem, so it is not a checkbook issue.

- She called her bank, and that they said westlake had no attempt at even cashing out check #238, nor have they tried to withdraw any cash, or done anything in regards to the 7 day charge.

- Her account is currently active, under no investigation, no flags raised, and is functioning properly for both large and small withdraws/deposits.

Westlake mentioned that "the check reader may of not read the check correctly" (then why say NSF?)

However, would they even be able to legally charge her $25 for something like that? If it's their check reader, shouldn't they bare the responsibility of having a backup method? (Even bank's ATMs fail to read checks and need to be checked in person) When we went there, they actually have the actual check scanned into their system and we saw it on their monitor with the correct amount and everything, so it's not like they can't just spend a few mins doing it manually.

We already went to Westlake twice and each time they wouldn't let us see the account manager. First time they said "wasn't in", and the second time "he went out for lunch", but when we came back in 2 hours they gived us the beat around again. *Sigh*.

Thank you for your time if anybody helps.

Last edited by Ultrarunner; 10-17-2012 at 03:36 PM.. Reason: Please no names...
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Old 10-01-2012, 08:02 PM
 
35 posts, read 329,754 times
Reputation: 44
They should be able to show you proof that the check was returned. If they don't, I would not give them another penny! Probably not even another $329 check, either. They want to F with me (and not give you proof, give you the run around), I will F with them back and they can just take me to court. (But that's just me)

Also, she should not write ANOTHER check until they give her back the old one then, she can VOID it out. It sounds like they still have the check in their possession, right? Tell them you need it back.
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Old 10-01-2012, 08:44 PM
 
4,919 posts, read 21,755,110 times
Reputation: 6254
Quote:
Originally Posted by nyawu View Post
Yadda yadda yadda, who cares, blah blah blah, much about nothing, Zzzzzzzzzzz, this and that is meaningless information.....
Ah the meat and potatoes...
- She called her bank, and that they said westlake had no attempt at even cashing out check #238, nor have they tried to withdraw any cash, or done anything in regards to the 7 day charge.

Westlake mentioned that "the check reader may of not read the check correctly" (then why say NSF?)
IF your bank is willing to certify that that check was never presented physically or electronically for payment, your not responsible.
The fact that a check is retrurned by someone else or their bank, or their clearinghouse, or their electronic processor, or their brother, or their minister, or the bus driver on the #63 lines; all means squat if your financial institution is certifying that the check was good and payable during the period it was claimed to have been presented. (Note that is not the same as you having funds in the account or anything else. It means that at the time that check was processed, there was nothing to deny the payment.) However since you said that you bank has made that claim, I would ask the other person for a copy of the check, front and back so your bank can provide them with full payment including and NSF fees charged due to the error. With that in hand, you bank can check and certify that the check was good and now it;s up to the other person to pursue the payment again through their system as thats where the mess up occured, not on your end.
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Old 10-02-2012, 03:20 AM
 
10,582 posts, read 23,847,733 times
Reputation: 15648
This is a business she wrote the check to, so they have to deposit the check into their account. If your check bounces, their bank will redeposit the check the next business day ( up to 3 times at some banks) after that, all bets are off.

But, if the check was clearly refused by the bank, GF not only has to pay the complex a fee (because their bank charged them for her bad check), but her bank as well.

Your GF needs to call her bank and tell them what's going on and ask them if that check was presented or not. It doesn't matter how much money she has or doesn't have in her account..if her bank thought the check was invalid for any reason, they won't cash it.
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Old 10-02-2012, 08:43 AM
 
Location: St Thomas, US Virgin Islands
24,669 posts, read 65,957,638 times
Reputation: 26643
Once she has proof that sufficient funds were in the account at the time it was presented she will need to deal with her own bank to recover any returned cheque fee they charged her account. She needs to see proof that the cheque to the PMC was returned, show them proof that the bank made an error and provide them with that proof, following which they can deal with their own bank and have them reverse the fees they imposed.

This isn't uncommon.
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Old 10-16-2012, 01:03 PM
 
2 posts, read 3,515 times
Reputation: 11
Thanks for all the replies. We ended up showing proof of her check/account/bank that nothing was wrong to every assistant and manager they threw us to.


We kept asking for their proof, and they would not provide any, each person saying "I don't have the authority to give that information", in which I responded with "then direct us to somebody who can provided it." Eventually we hit the accounting manager, and she responded with "We just receive payments here, we can't do anything." So I asked for the contact info for whoever she responds to that can deal with it. She and some other managers went in the back to "get info", and after a few more mins, came back saying

"We'll let the charge drop with this one time consideration."

=) My bet is that they just wanted us to go away with the problem, didn't want to the district manager to know, or maybe even somebody had been pocketing some "NSF" fees and didn't expect somebody to come back 3+ times with bank proof just for 25$ lol.
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