Ottawa_Chap
I thought the same thing, but all banks work together against the consumer. One bank employee clearly stated to me, if you withdrawl on your account with insufficient funds or over your overdraft protection limit,the bank will refuse to honor these cheques and this can be viewed as fraud. Simply because you knew you lacked the funds to honor the cheques,its called disceit. And this gives the ammo to your creditor to charge you with a criminal offense.

By the way you'll be charged an NSF fee by the bank and NSF fee by the creditor plus the amount owing.

I had two choices at my disposal, either refuse to write these post dated cheques or cancel them one by one.. I chose to refuse this creditor's request and now he is coming after me."nothing personal, just business"

Just be careful with these sneaky unsecure creditors..

My question now is: How the HE!! did the bank get away with processing the cheques early? If they were clearly post dated, then it's my ->belief<- that the error should reside on their side rather then yours. That said, did you notice if the dates were fudged when you received the return cheques?

Regardless, how did you handle it?

The "you've committed fraud" bs is a favourite tactic of Paul Kupferstein and Associates and their little bully "Mr. David", it's followed by "The police will be by within a week to arrest you at your place of work if you don't pay in full by the end of the day". That's exactly what they used on me, much to my amusement.

If you don't have money in your bank account and stated clearly your current financial position to your unsecured creditor. Do Not ALLOW any collection agent to entice you to send post dated cheques to them, because this is one tactic they use to get you on bank fraud, once those cheques bounce due to lack of funds in your account, you have committed bank fraud. I had one agent trying to entice me to send him post dated cheques, I refused to comply with his request...

I would record your call next time with them and see how they like it when the shoe is on the other foot. If you have them on tape you might be able to take legal action against them.

Not only it's a stupid scare tactic, but they also violate the criminal code if they say you committed a fraud. Accusing someone committing a criminal offense when they know you don't is a jail time violation. Whenever they accuse you committing a fraud, simply ask them who the investigating officer is. Tell them off and say you will report to the police if there is no such offense that is filed.

You indicated many are using this tactic. I haven't taken a call from an agency in months, but would be curious to know if you would support your comments with a first hand list of names for the forum?

Many Unsecured Creditors are trying to inform debtors that they have commited fraud against them, another scare tactic To me, this is harrassment.. What other scare tactics have you discovered?