class is going well. mom and dad have gone to india. thathaya is still sick. robin and i are together...although we ran into a snag recently (re: future, wedding, etc.,).
but i also ran into another snag/ a life lesson, i am describing it to roger a lawyer and kim's fiancee:
roger...i have a question...a legal consultation...
it's about my condominium association accountant. it's about the association's accountant cashing in 3 of my association fee checks and thus causing me to overdraft, leaving me $300 in overdraft fees.
i was having problems turning checks in in time, the accountant offered to take
3 or 6 months worth of checks and to hold them and then to turn them in one month at a time. i would post date them for 2/10/01 and state in the memo that it's for feb 2001, and then 3/10/01 and the memo would read 'for mar 2001',
and so forth. and we had a verbal agreement that i would postdate them and leave the checks with her. i have been doing this since last february (2001)
this january, i wrote out 3 checks, one for jan, one for feb, one for mar. 1/10/02, 2/10/02, 3/10/02. she hired a new person who was not trained on this process, she turned in all checks, the bank cashed all the checks. the
result was that i was charged for 12 purchases, at $25 each.
the bank holds no responsibility for they have a qualifier that they are not responsible for the postdate checks...but they did deduct 2 of them. the accountant, on the other hand will not take any blame for any this. she broke our agreement.
what do i want? to have the overdraft fees paid...to have her acknowledge some of the blame.
do you know of anyone who can give me an answer to how verbal agreements work?
i am sorry for bothering you roger. whatever help you can give will be helpful.
mamatha (i will no longer post date checks of course)
---
his reply was:I would simply negotiate with the account's boss to have the overdraft fees paid by the accountant.
Verbal contracts rarely hold water in the real estate world, but this is not a real estate issue even though it involves your condo association. Unfortunately, the only way to enforce a verbal contract is to go to court.
That is why I think you should politely ask the account's boss to pay the overdraft fees.
You can ask the bank not to charge you, but they are not legally bound to do so, it would be out of the kindness of their heart rather than out of obligation.
A word of advice, never send extra checks for payment out without a written contract or written statement by you with instructions on what to do with the check. I would either send checks once a month a week before the fees
are due or send all advance payment checks with a letter using the something like the following: "These checks are being send to you in trust, to be held by you until the date of the check. The checks shall only be cashed
on or after the date of the check and are to be used for purposes of my monthly condo fee payment for ____________ (insert address)" This is not magic language, but it draws a line on what they can do with your checks and
requires the accountant to hold them pursuant to your instructions.
---
w/e? kanaka got married yesterday.
goat has been staying here for the past month...we were getting used to it...and now he has two interviews in chicago...which means he'll leave again.
preeth got accepted to the master's program at st thomas.
and robin and i are planning on going to phoenix in late february/early mar.
that's it for now.
----saw "black hawk down" at megastar...loved it. violent but an interesting story...and oh josh hartnett and ewan mcgregor were in it! action movie, so it kept you at the edge of your seat. but the stress on the american deaths vs. any mention on the # of deaths of the somalies was bad!! but the one thing it did do was point out how ineffectual we were in that war as well as the idea that we were fighting a war that was not ours
but i also ran into another snag/ a life lesson, i am describing it to roger a lawyer and kim's fiancee:
roger...i have a question...a legal consultation...
it's about my condominium association accountant. it's about the association's accountant cashing in 3 of my association fee checks and thus causing me to overdraft, leaving me $300 in overdraft fees.
i was having problems turning checks in in time, the accountant offered to take
3 or 6 months worth of checks and to hold them and then to turn them in one month at a time. i would post date them for 2/10/01 and state in the memo that it's for feb 2001, and then 3/10/01 and the memo would read 'for mar 2001',
and so forth. and we had a verbal agreement that i would postdate them and leave the checks with her. i have been doing this since last february (2001)
this january, i wrote out 3 checks, one for jan, one for feb, one for mar. 1/10/02, 2/10/02, 3/10/02. she hired a new person who was not trained on this process, she turned in all checks, the bank cashed all the checks. the
result was that i was charged for 12 purchases, at $25 each.
the bank holds no responsibility for they have a qualifier that they are not responsible for the postdate checks...but they did deduct 2 of them. the accountant, on the other hand will not take any blame for any this. she broke our agreement.
what do i want? to have the overdraft fees paid...to have her acknowledge some of the blame.
do you know of anyone who can give me an answer to how verbal agreements work?
i am sorry for bothering you roger. whatever help you can give will be helpful.
mamatha (i will no longer post date checks of course)
---
his reply was:I would simply negotiate with the account's boss to have the overdraft fees paid by the accountant.
Verbal contracts rarely hold water in the real estate world, but this is not a real estate issue even though it involves your condo association. Unfortunately, the only way to enforce a verbal contract is to go to court.
That is why I think you should politely ask the account's boss to pay the overdraft fees.
You can ask the bank not to charge you, but they are not legally bound to do so, it would be out of the kindness of their heart rather than out of obligation.
A word of advice, never send extra checks for payment out without a written contract or written statement by you with instructions on what to do with the check. I would either send checks once a month a week before the fees
are due or send all advance payment checks with a letter using the something like the following: "These checks are being send to you in trust, to be held by you until the date of the check. The checks shall only be cashed
on or after the date of the check and are to be used for purposes of my monthly condo fee payment for ____________ (insert address)" This is not magic language, but it draws a line on what they can do with your checks and
requires the accountant to hold them pursuant to your instructions.
---
w/e? kanaka got married yesterday.
goat has been staying here for the past month...we were getting used to it...and now he has two interviews in chicago...which means he'll leave again.
preeth got accepted to the master's program at st thomas.
and robin and i are planning on going to phoenix in late february/early mar.
that's it for now.
----saw "black hawk down" at megastar...loved it. violent but an interesting story...and oh josh hartnett and ewan mcgregor were in it! action movie, so it kept you at the edge of your seat. but the stress on the american deaths vs. any mention on the # of deaths of the somalies was bad!! but the one thing it did do was point out how ineffectual we were in that war as well as the idea that we were fighting a war that was not ours
Comments