sodapopkidd28
New Member
My situation is unique: I purchase meat from a licensed vendor that delivers. He called me at the usual time of the month asking if I needed to be restocked. I told him I would but that I wouldn't have the money for 3 weeks and he could come by at that time. He was persistant, said no, no, we can work something out and that he would come right over. He showed up and I again told him I didn't have the money at that time. He said that he could hold the check for 3 weeks, so there wouldn't be any problems. I agreed, having done this once before in the past with him with no problems. Well, needless to say the company deposited the check the following day. Four days later, once I was aware that the check was PAID by the bank, causing other things to be PAID I incurred several over draft fees totaling $225 plus the amount of the check $149.50. I contacted the company and the sales man, they both apologised and the company said they would write a letter for me to give to the bank stating that the check was deposited in error. The dellivery guy said he would refung me the $149.50, for he didn't want to lose me as a customer and that he would bring the money and letter the following monday (this was on a friday) I agreed.
I waited all day Monday and finally that evening I called my sales person. He recanted, saying he never said anything he had. He said that he didn't know about any letter and that he couldn't refund the money.
My question is this, I know that the laws are iffy when it comes to a post dated check, but the checks date was current, it wasn't set for the 3 weeks. Do I have any legal recourse? I've been doing some research on the company and found through the BBB that this company has had over 22 complaints for unfair billing/sales practices. This happened in California. Thanks!
I waited all day Monday and finally that evening I called my sales person. He recanted, saying he never said anything he had. He said that he didn't know about any letter and that he couldn't refund the money.
My question is this, I know that the laws are iffy when it comes to a post dated check, but the checks date was current, it wasn't set for the 3 weeks. Do I have any legal recourse? I've been doing some research on the company and found through the BBB that this company has had over 22 complaints for unfair billing/sales practices. This happened in California. Thanks!