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<p>[QUOTE="medoraman, post: 1262428, member: 26302"]We mostly agree sir. I agree the bank can charge a fee, I simply do not agree that fee can be charged to the person collecting. I f a fee is due, it should be charged against the account holder.</p><p><br /></p><p>Think of it this way. If everyone is writing checks, and every single bank has different fees it charges to collect, how in the world is anyone supposed to know what they physically be collecting with a check? If that is uncertain, what good are checks? I say this basically "breaks" the entire notion of checking or promissory notes if what you say would be true. </p><p><br /></p><p>I thought I had read that in the UCC promissory notes, to be valid, have to be fully collectible. Making them subject to another firms fees, to me, violates that important covenenant of the UCC. Especially if such a fee is unknowable, which would be the case if any bank at any time can change these fees.</p><p><br /></p><p>I still maintain this is worst than just a bad business practice, it legally breaks the UCC definition of a promissory note, therefor breaks the usefulness of checks. If banks can do this for in person collection, can they not start doing it for cleared checks? Then how is anyone receiving any money ever supposed to know if the check will satisfy their bill? Right now this is simply seen as a way to strip money from people without an account, or who do not know any better. To me, the slippery slope would be the entire demolition of our checking system, electronic or physical checks.</p><p><br /></p><p>All for a few banks and their greediness over fees.</p><p><br /></p><p>I know, I am probably overreacting, but it ticks me off, since I know better.</p><p><br /></p><p>Edit: Btw, charging a fee to cash a check is completely different than this case. I agree banks can charge for that all day long, as long as the check is not written on that bank. Cashing another banks check is a financial service which they can charge for, cashing a check drafted by their customer is simply fulfilling their contract with their own customer. Again, the bank can charge their own customer as much as they wish, but me coming in with a check drawn on their bank am not a "customer", I am a recipient of money promised me BY their customer.[/QUOTE]</p><p><br /></p>
[QUOTE="medoraman, post: 1262428, member: 26302"]We mostly agree sir. I agree the bank can charge a fee, I simply do not agree that fee can be charged to the person collecting. I f a fee is due, it should be charged against the account holder. Think of it this way. If everyone is writing checks, and every single bank has different fees it charges to collect, how in the world is anyone supposed to know what they physically be collecting with a check? If that is uncertain, what good are checks? I say this basically "breaks" the entire notion of checking or promissory notes if what you say would be true. I thought I had read that in the UCC promissory notes, to be valid, have to be fully collectible. Making them subject to another firms fees, to me, violates that important covenenant of the UCC. Especially if such a fee is unknowable, which would be the case if any bank at any time can change these fees. I still maintain this is worst than just a bad business practice, it legally breaks the UCC definition of a promissory note, therefor breaks the usefulness of checks. If banks can do this for in person collection, can they not start doing it for cleared checks? Then how is anyone receiving any money ever supposed to know if the check will satisfy their bill? Right now this is simply seen as a way to strip money from people without an account, or who do not know any better. To me, the slippery slope would be the entire demolition of our checking system, electronic or physical checks. All for a few banks and their greediness over fees. I know, I am probably overreacting, but it ticks me off, since I know better. Edit: Btw, charging a fee to cash a check is completely different than this case. I agree banks can charge for that all day long, as long as the check is not written on that bank. Cashing another banks check is a financial service which they can charge for, cashing a check drafted by their customer is simply fulfilling their contract with their own customer. Again, the bank can charge their own customer as much as they wish, but me coming in with a check drawn on their bank am not a "customer", I am a recipient of money promised me BY their customer.[/QUOTE]
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