Land Lord Claims Wachovia Bank Draft Dishonered

[thomasv0]

I purchased a Wachovia Money Order to pay my rent in June of 2008 - On Jan 29 2009 Lease office said this money order was not honored and I had 24 hours to produce 726.00 or they would proceed with eviction, legal fees ect - I called Wachovia to inquire about the bank draft - I was told it was still outstanding - I then went to a local Wachovia branch and they confirmed it was still outstanding with no holds, or stop payments "Valid".

The leasing office sent me written notice demanding payment + 10% late fee and 5% NSF fee.

I have been paying my rent every month since June of 2008 and my lease is up at the end of February 2009.

These guys have made every attempt to get me to cancel the original draft "which takes 30 days" and can only be replaced if it was lost, stolen, or destroyed - I have proof of receipt from leasing office and also the carbon copy.

I am willing to help them replace the draft but am unwilling to be on the hook for 1500.00 (30 days) - Also I require written statement that they have either lost,stolen, or destroyed the draft and will not proceed with there action against me - At this point it is clear they are treating this as non payment and this will could be a problem,for me later on, not to mention any credit ramifications "which would be miss reported".

What might I expect if they continue with there action?

What type of counter suit may I file against this corporation?

The Wachovia Bank Draft "Money Order" is still outstanding / good for payment.

Perhaps I should of certified a cheque.

 

[Gail_in_Georgia]

Did management attempt to actually deposit this money order?

Wachovia has been purchased by Wells Fargo but to date, nothing really has changed in terms of the name, previous banking policies, etc..

Does mangement assume that the money order should have read "Wells Fargo"?

Gail

 

[thomasv0]

Hi Gail - First management claims they deposited the draft in June 2008 and it was returned "bank error not honnered"- I have not been given any such copies to confirm alligation or follow up with bank error - The leasing office claims they no longer have the draft in there possession and are treating this 8 month payment as non payment, not to mention threating legal fees, eviction, ect.

Wachovia has verified the draft is still outstanding and has no holds or no stop payment issued - Money Gram " this is the co Wachovia uses " has also verified the same - I asked Money Gram if they could tell if the draft had been returned and they said not until they have the draft in there possesion The bank draft never made it to the Clearing House - If I understand this correctly, "Money Gram" is the only party able to "not honner" the payment as it is drawn on there bank.

If there was some sort of error, it was at the Bank of America and never made it out of there system - If so then the leasing office should of followed up and re-deposit or at the least call the number on the draft and enter the serial# to verify - Bank of America said there proceedure is to send out an written explanation for any such banking errrors, usually two or three business days but I have not received a copy of that either.

Gail I checked the draft to confirm the numerical and written (amounts) were the same as well as the company name.


rms