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Subject:  Credit Card Company vs. Consumer Date:  2/1/2001  6:14 PM
Author:  ishvari Number:  56633 of 312161

This is an email I sent to the Attorney General of Alaska. Please any advice on this issue would be appreciated.

I'm not entirely sure if I'm looking in the right place, but I was told by my credit card company that if I had an issue with them I needed to take it up with the attorney general, not them. I sent two post-dated checks (with the dates highlighted yellow and hand-written "Not Valid Until" on it) to my credit card company earlier this year. These checks would have fullfilled my payment arrangement with them and I sent it in as a sign of good faith. I was unaware that it wasn't their policy to accept post-dated checks, and take full responsibility for not first asking them. But when they cashed my post-dated checks I found the Fair Debt Collections Act clearly stated cashing a post-dated check before informing the check writer in writing is ILLEGAL. In bringing this up to my credit card company they have argued with me that it isn't their policy to violate federal law. I maintain that a corporate policy is not a guarentee that it will be followed. Section 808 Unfair Practices [15 USC 1692f] of the Fair Debt Collections Act states that unfair and unconscionable means to collect is illegal. This includes, "the acceptance by a debt collector from any person of a check or other payment instrument post-dated by more than five days unless such person is notified in writing of the debt collector's intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit." As a result of this incident, I run the risk of breaking my payment arrangement with my credit card company (even though the payment was mailed in the form of two post-dated checks to their office a month before it was due). This could be a detriment to my credit report. I am also running into many people trained to work as creditors AGAINST the consumer. I have found no assistance as to what my rights are and have been treated as though I have no rights. I would like to know anything about what I could do in this situation, and if indeed I have rights, what they are and how to exercise them. Please help me any way you could. I feel that I've exhausted all of my resources and am frustrated to no end over being treated unfairly.
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