Lost Cashier's Check

[Skeptical]

I had a debt with a company and I handed them payment via a cashier's check. They scanned the cashier's check and also gave me a receipt. The money was taken from my bank and confirmed.

Anyways, those incompetent fools lost the cashier's check, and without notifying me, sent the debt to a collections agency (as a result of their own error, losing the check).

Now they want me to go through the hassle of getting the check re-issued. However I'm not in the country and won't be for a long time. Having it re-issued would require me to go in to my bank, but the collections agency insists that I don't have to.

Anyways, they are really pissing me off. First, they lose a check and instead of asking me nicely, sent it to collections. Second, they are now threatening me, saying interest is accruing.

What are my rights here? Do these guys have any right to force me to do anything? I've already done my part. They lost the damn check on their own (and have acknowledged this), and now are threatening me to get it re-issued, when I'm not even in the country.

[anonymuse]

You have the receipt--have you faxed that to them?

[Minnymouth]

Fax them a copy of your receipt (sure hope your have one)..... and tell them SOL....................
Not your fault they can't keep track of their money funds..........
You paid your bill..................... if you have those receipts.....

They cannot attach interest to a debt that is paid in full...................

[Skeptical]

Yes I do have a scanned copy of the cashier's check, as well as a receipt from them saying it was received.

Are you guys certain I am legally free from having to do anything further? What law can I cite if they continue to harass me?

[anonymuse]

It's not law but try "Lack of proper planning on your part does not constitute an emergency on mine!"

You've given them proof--let them do the legwork.

Try Fair Debt Collection Practices Act

http://www.bankruptcyforum.com/t946-fair-debt-collection-practices-act.html

[FloridaGirl]

Sounds to me like whoever lost the check is now using illegal practices to "cover their ass." Whoever lost it doesn't want to stand up and admit it, so they are hoping you will want the issue quickly resolved by sending in another check. Underhanded and ludicrous.

You have the proof that you paid the bill. That is all you need. And in all honesty, the check was probably cashed and credited to the wrong account or something. If I were you, I would also check your credit reports. If this account shows, dispute and send the CRA's copies of your receipt and cashier's check. It really sounds to me like you will have grounds for a lawsuit with these jokers. If they don't cut the crap, and correct any errors on your credit file, you can sue them for cash. Just begin keeping a paper trail of any and all correspondence. Don't do anything by phone anymore.