Post dated check clearing early

[sodapopkidd28]

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!

 

[Pendragon]

If the check had the current date on it, then it wasn't post-dated. Not that it mattered, last I heard, post-dated checks were still illegal.

You knowingly wrote a check you knew was bad. Rather than writing the check, you could have gotten them to simply bill you. The end result is the same, only you don't have to write a bad check.

With the new Check21 laws, a merchant can clear your check the instant YOU WRITE IT. There is no more writing a check and then going to the bank the next day to make a deposit.

 

[sodapopkidd28]

If the check had the current date on it, then it wasn't post-dated. Not that it mattered, last I heard, post-dated checks were still illegal.

You knowingly wrote a check you knew was bad. Rather than writing the check, you could have gotten them to simply bill you. The end result is the same, only you don't have to write a bad check.

With the new Check21 laws, a merchant can clear your check the instant YOU WRITE IT. There is no more writing a check and then going to the bank the next day to make a deposit.

Well, the thing with this is, from what I understand of the law, it wasn't illegal since there was an account associated with it nor was it intended to defraud. The check cleared, the bank paid it. But here is a twist that just happened. The company sent me a letter stating that it was THEIR accounting error, that it was a postdated check that was mistakingly deposited early ( it is their company policy to accept them) and that they would refund me the money in overdraft fees that were incurred. The thing is, the local company did this and now their corporate office it having a fit that someone wrote that letter. So now it's a blaming game, corporate is wanting the independent contractor to pay and now the contractor is playing dumb, he is trying to pretend it wasn't him, inspite his signiture on the receipt. If this does go to small claims I am hoping the judge will take into consideration the letter they wrote and signed stating that they are at fault and would refund me the money????? Any thoughts on this would be appreciated.

 

[Pendragon]

I'd definately hang on to that letter, it's the only *documented* evidence you have that the company accepted the check on the condition that it be held until xx date.

Without it all you have is your check, properly dated and presented when funds we're not available, which puts you on the liable end.