Cyberrebate's Returned Checks--Please Advise

[bs278]

My situation is different from most of the posters, so please advise.

Cyberrebate had actually sent me checks for my previous purchases, dated 4/18/01. I thought I had deposited the checks right away, but only after I learned of their bankruptcy did I check to find that I had NOT deposited them.

So I called my bank Citibank and asked CS what I should do. CS told me to go ahead and try to deposit them. Well, now I'm sitting with six returned checks and a $60 fee ($10 per check)!!!

Citibank won't reverse the fees b/c they were indicated in the customer manual, although CS didn't mention them at all when I called to ask for advice (and another CS rep told me that she wouldn't tell me either--they're trained not to automatically inform you of fees!).

So, now I have two questions:
1. What are my options for getting my checks cashed? Can I still dispute it through my CC, also Citibank?

2. What are my options for disputing the checks' fees? (Citibank told me that I should ask Cyberrebate to pay for them.)

Thanks!

[tschmitt]

bs278 - you can print this out and take it with you when you go and talk to your bank...and you should go talk to them - go put up such a big stink that they deal with you just to get rid of you sitting in their office every day, waiting for them to do something.

Now, I can only tell you from what I know - of course, I know alot, since I worked as a Teller in a Federal Credit Union - if they won't do the things that I KNOW our credit union would do, then say with an upturned nose, "Oh, you can't match a credit union? They're better than you?? Oh - okay. I'm out of here - you are the weakest link - goodbye!"

Now, first off, I have to tell you that those reps you talked to should be FIRED! There is no way in heck that anyone would tell you to go ahead and submit a check to a bankrupt company...not in our credit union anyway. If they did, they would be severly punished. So, first off, it's their fault (they are liable, knowing full well that cyber rebate would NEVER make good on those checks) about the bounced checks. Plain and simple - they, not Cyberrebate, owe you for them. Don't back down on that - they are wrong and know it - INSIST on talking to a manager about this whole thing. And if that one's a dud, tell them, and get another manager to talk to. They need to stand up for their mistake and pay for the bounced checks.

Second, I'd say that once you get the money back from the bounced check fees, to close your account! If they are treating customers that way, you don't want to be there - people want your money these days (everyone!) and you could do way better, I suspect, if you went to a new bank/financial institution. About disputing with your credit card company - I don't know about that. I think it's going to go on a case by case basis (not bankruptcy cases, mind you, but the banks/financial institutions I mean.) Some banks might replace the money, others might turn up their noses and say, "Too bad." If ANYONE gets that kind of response - dump your bank. You've done so much business with them, taken out mortgages and loans, put up with dropping interest rates, etc. that you DESERVE them to take the bite on this one (well, maybe not take the bite, but at least go the distance for you and step up to the plate for your rights as a consumer)

If anyone is afraid of doing this, or thinks they can't get good rates, I'd say to check our American Bank (pcbanker.com) - I have an account with them and, although their interest rates have dropped from 6.00 to 4.70, their rates are still better than most money markets. You can take money out any time and there is no fee for the account - checks and Visa (debit) card are free.

Hope this helps!!!

[luckyme123]

food for thought here..
once I knew a person that wrote some checks and they bounced.. (he knew they would..he is stupid)..anyway the stores he wrote the checks to actually filed complaints with the police and he got arrested and I think he had to do like some sort of restitution and community service. My point being it is against the law for CR or any entity to write bad checks. File a bad check complaint with your local police station and see what happens!! I'd laugh my head if they actually arrested dear Joel for passing bad checks.

[mrsarkar]

...was made by luckyme.
You should send a certified mail letter to CR address, complaining that their checks bounced, and giving them 2 weeks to remedy the error. Obviously, ur letter will come back unopened, and then you can lodge a complaint to law enforcement about "bounced checks".
Standard disclaimer, being in litigation-nation: This is my view, does NOT constitute any legal advice or opinion

[Natalia]

They bounced with NSF. I called their bank, they have an automated message that they're waiting to hear from the court. What to do??? I have no idea

[luckyme123]

You personally have 104 bounched CR checks?
I WOULD file a bad check charge with law enfircement for sure!!! Hang on to..I'm gonna go hunt a link that lists something to help here.. I'll come back and update this..

[luckyme123]

Seriously call the cops!! Here is info you can give them as to how to currently contact dear Joel. Take you bank stuff and all you CR stuff and this contact info to the cops..see if you can file bad check charges. You live int he USA and the law does protect you from bounced checks.

I would put a link but It's another board..can I put a direct link to another board?
[Only registered and activated users can see links. Either login above or Register Now]


That was posted by YDF (Sheri -the owner of the board) on the YDF chat board and it's very important that I give her credit for trying to help with CR rebate info.
Here is a direct Quote:

As we had previously informed you, as of May 16, 2001, CyberRebate.com,
Inc. ("CyberRebate") has filed a voluntary petition for protection under
Chapter 11 of the U.S. Bankruptcy Code in the United States Bankruptcy
Court, Eastern District of New York (Case Number 01-16534). If you have
any questions regarding the status of CyberRebate, please contact Bonnie
Pollack of Ruskin, Moscou, Evans & Faltischek, P.C., attorney for the
debtor at (516) 663-6517. You may also want to contact your attorney
to advise you of your rights regarding this matter.

[Natalia]

Originally posted by luckyme123
Seriously call the cops!!

You mean that I should go to the police station and file a report or something. I don't think that I can call 911 and be taken seriously. Although I would call it an emergency because I almost had a heart attack when my bank called and said that $9300 will be coming out of my account due to returned checks. And now my husband blames me for being so stupid and losing all that money (well, I was shopping there before and I always got all rebates). I haven't been myself since May 16th and my health is not getting any better. Whenever I think about this whole mess, I begin to lose it. My total loss is $10,400

May Joel and all his gang have all our pain and more

[Natalia]

BTW luckyme123 thank you for your concern. It really makes me feel better when people who don't know me, are trying to help. There are few good people left in this world unlike Joel and his gang who just want to rip you off everything you got and more

[luckyme123]

Definately don't call 911. 911 is reserved for emergencies and you do not want to take up the operators time when she could be better off answering an emergency call. The police frown on using 911 for non-emergencies.

I would take the time to go to the local police station in person.

It would cost time.
At the police station someone would advise you if you are allowed to file bad check charges of some sort. they do know what charges can be filed for such checks.
They will, of course, also tell you if you cannot file such charges. It's a lot of money and to have the checks bounce.. hey, thats no small amount of cash. I would not be sweet about it..I would play hardball and at least take the proof of bounced checks to the police and I would file whatever charges they allowed me to file. Remeber they may say..no cuz he's in bankruptcy..but if that happens you can at least file a complaint of some sort to have it investigated I think.. but even if I am wrong and they say they are so sorry but can do nothing..hey at least you will know you tried.

You have proof the checks bounced.

Those checks were written on a date PRIOR to the filing of bankruptcy.

CR wrote those checks fully knowing they would bounce.
That is againest the law in EVERY state.

What can you lose for going in person to the police asking about it ..you can lose time.. thats all.. and you might gain some satisfaction if they say sure we can file those charges..no problem.

If I wrote that many bad checks they sure would put me in jail.

Sure, most stores just charge you a $15 or $20 fee if you write a bad check unintentionally.. but if you do it repeatedly..even your own bank warns you and if you don't stop doing it.. reports it to the police.

[bs278]

Thanks for all your support and information, luckyme123. I think I will go to the police station and see what they have to say.

Does anyone think my CC company (Citibank Mastercard) will let this be a dispute, like other people are filing for?

Incidentally, Citibank CS called me this morning, and they are crediting my acct with $60 for the returned check fees. I wrote a long, firm letter to Client Relations and the same in email to Citibank's CEO through PlanetFeedback. The CS rep was replying to Planet Feedback's email. Natalia and anybody else, if you want to see a copy of my letter, I'll email it to you.

[Natalia]

When I first found out that checks did bounce, I went to the bank prepared to beg and cry for those fees (I think my bank charges $6 per check so for me it would be $624). When I asked lady who was in charge of returned checks about fees, she asked "What fees?" I said "For returned checks" She answered "Well, you didn't write them so there're no fees" I was so relieved, thanked her and left. They just put it as customer withdrawal and gave me all NSF checks back.

BTW I work for my bank but not in the branch so I don't think she knew about it. I'll go to my manager on Monday and ask her what can I do about bounced checks.

[Natalia]

Deputy was sort of listening until I told him that they filed Chapter 11. Then he laughed into my face and said that Chapter 11 screws up everybody but as to criminal charges or whatever, he didn't find anything criminal.
So much for wasting my time Just another person made me feel how foolish I was to spend that much and how far away I am from getting any of my money back. What should I do with those checks??? They will expire in 60 days which is June 25th because they were issued on April 25th and I got them on May 14th. I think another Joel's plan so the checks NSF now then they will expire, whatever.......

[luckyme123]

I am so sorry.

I can't believe it's not criminal. Defiantely would be criminal I was to write multiple checks that bounce.

Well, I am so sorry that I gave you an idea that didn't work.

[bs278]

Natalia, the police told me the same thing but they were much nicer about it.

Basically, all we can do is file as a creditor of Cyberrebate's, so that when they liquify any assets, we can stand in line and get money back. We have to file with the court that cyberrebate filed with. I think there's a link somewhere else for it...

At this point, I don't think I'll ever see any of my money. I'm not sure if it's worth all that paperwork. Does anyone know how and if creditors ever get their money back when a company declares bankruptcy? (There's probably another list about this; please refer me to it.) I might try to contest it through my CC, but I think it's a long shot for me. Any ideas anyone?