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Telechek/National Check Control

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Back in mid August '99 my wife wrote a check at a national auto parts store for $65.23. Mid September of same year I closed that checking account, I was in dire need of all money I could get. Fast Fwd to the present. Yesterday my wife received a letter from:

Charles T. Hutchins

Attorney at Law

National Check Control

55 Hartz Way Suite 202

Secaucus, New Jersey 07094

201-867-6700

Stating they are assessing the possibility of legal action for issuance of fraudulant checks.

They were extremely rude to her and I when we tried to get more info. I traced all my checks for that year and that one was passed after the account was closed. Telecheck was the check processing company and, they still have the check in their computers. We contacted Telecheck and they gave us a reference number to clear this matter.

I never heard anything from anyone on this matter

until yesterday. Can I try to get Telecheck to aggree to a settlement of 65.23, no extra charges. Afterall they waited a month before processing a check. My credit is wwwaaaayyy bad I could tell them all to take a flying leap. But I really want to clear this with Telecheck (only).

mike

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Writing bad checks is a criminal offense, so I wouldn't tell them to take ANY kind of leap. I'd pay the money.

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Watch out for National Check Control. They are a fraudulent company and prey on people with bad credit. They are currently being sued in Wisconsin for these letters they send out which are false and use ignorance of the law to their advantage. I have read several postings on the Internet by people who have been screwed out of their money from these people. If you get a letter from this company again, ignore it or consult your attorney.

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Admin- that was a little too broad. National Check Control is currently being investigated by the new jersey attorney general. Mr. Hutckins has already been brought before the ethics committee twice. He has been fined by the FTC in the past and last year lost a 300k lawsuit in which he has yet to pay a dime. Currently there is another lawsuit being formed. NCC cannot file charges against you. Only the OC can do this. Their letter in itself is a serious violation of the FDCPA. I would first send out CERTIFED a validation letter asking for proof of the debt. NCC is known for adding on more fees than allowed by law. If he is found guilty(which I cannot imagine will not happen) or any more violations there is no doubt he will be banned from collections. I would be willing to bet he wants his money through western union. No doubt this is because a bank account would be garnished from his past lawsuit. First off you need to make a bbb complain and a ftc.gov complaint. They file with the NJ attorney general. They are up to 115 complaints with them alone. Then call the class action attorney who is filing on contingency.

http://www.ademilaw.com/cases/nationalcheckcontrol.php

http://www.crownlaw.com/kaslaw/ncc.htm

http://www.bbb.com

https://rn.ftc.gov/dod/wsolcq$.startup?Z_ORG_CODE=PU01

http://www.state.nj.us/lps/ca/comp.htm (i did it over the phone).

within the last month my main forum got swamped by people who are victims of this horrible company. Somehow NCC found out and sent their trolls over for a visit in which they talked about people debts in the most illegal fashion. After it became clear we were not afraid of them hutchins actually had the nerve to threaten the forum with libel and intent to inflict emotional distress. It was hilarious. There is no way he would let himself go to court with his reputation. The man is a crook. I talked to a michigan attorney the other day who had 3 lawsuits on his desk just for NCC. ALL the consumer protection attorneys know of this con man. If the debt is actually yours pay the bill without NCCs inflated price to the person you wrote it to. Do not pay NCC a dime.

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<blockquote>Originally posted by mikex30

Back in mid August '99 my wife wrote a check at a national auto parts store for $65.23. Mid September of same year I closed that checking account, I was in dire need of all money I could get. Fast Fwd to the present. Yesterday my wife received a letter from:

Charles T. Hutchins

Attorney at Law

National Check Control

55 Hartz Way Suite 202

Secaucus, New Jersey 07094

201-867-6700

Stating they are assessing the possibility of legal action for issuance of fraudulant checks.

They were extremely rude to her and I when we tried to get more info. I traced all my checks for that year and that one was passed after the account was closed. Telecheck was the check processing company and, they still have the check in their computers. We contacted Telecheck and they gave us a reference number to clear this matter.

I never heard anything from anyone on this matter

until yesterday. Can I try to get Telecheck to aggree to a settlement of 65.23, no extra charges. Afterall they waited a month before processing a check. My credit is wwwaaaayyy bad I could tell them all to take a flying leap. But I really want to clear this with Telecheck (only).

mike

</blockquote>

Mike, bouncing a check is not a criminal offense unless you knew, at the time you wrote the check, that there was either a) insufficient funds at that time, or B) that there would be insufficient funds at the time a reasonable person would cash the check (generally within 10 days). So, unless you KNEW you were going to close the account at the time you actually wrote the check, you're not in trouble from a criminal standpoint.

Had the check been WRITTEN by you on or after the day you closed the account, then that would be a different story.

Send your payment to the ORIGINAL CREDITOR ONLY, and tell NCC to take a flying leap in a handbasket.

Good luck with your case!

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National Check Control sued by Ademi & o'Reilly, LLP

Milwaukee, WI -- Ademi & O'Reilly, LLP announce that they have commenced suit against National Check Control for violations of the federal Fair Debt Collection Practice Act, and for violations of Wisconsin law. National Check Control routinely threatens criminal prosecution without any likelihood that authorities will in fact prosecute, and further, fail to adhere to the FDCPA.

If you have been contacted by National Check Control, contact Ademi & O'Reilly, LLP for more information about your legal rights.

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Just another complaint about National Check Control

After unintentionally bouncing a check for $36.02, a Kenduskeag, Maine consumer received the communication found below. The collector arbitrarily added $100 to the total, then sent this notice, which is structured to look like a civil court document, while at the same time mentioning criminal proceedings.

It is a violation of state and federal debt collection law to use any written communication which simulates a document issued or approved by a court of law. It is also a violation of law to attempt to collect any additional fees or charges which are not expressly authorized by the the contract or permitted by law. Finally, it is a violation for a collector to threaten to take any action that is not intended to be taken. It is a rare creditor which will authorize legal proceedings on a bounced check debt for $36.02.

In this case, the Office of Consumer Credit Regulation, having failed to receive any response to its letter to the collector, is communicating with the New Jersey Office of Attorney General.

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<blockquote>Originally posted by mikex30

Back in mid August '99 my wife wrote a check at a national auto parts store for $65.23. Mid September of same year I closed that checking account, I was in dire need of all money I could get. Fast Fwd to the present. Yesterday my wife received a letter from:

Charles T. Hutchins

Attorney at Law

National Check Control

55 Hartz Way Suite 202

Secaucus, New Jersey 07094

201-867-6700

Stating they are assessing the possibility of legal action for issuance of fraudulant checks.

They were extremely rude to her and I when we tried to get more info. I traced all my checks for that year and that one was passed after the account was closed. Telecheck was the check processing company and, they still have the check in their computers. We contacted Telecheck and they gave us a reference number to clear this matter.

I never heard anything from anyone on this matter

until yesterday. Can I try to get Telecheck to aggree to a settlement of 65.23, no extra charges. Afterall they waited a month before processing a check. My credit is wwwaaaayyy bad I could tell them all to take a flying leap. But I really want to clear this with Telecheck (only).

mike

</blockquote>

Hmm, chances are is that National Check Control bought the debt from Telechek...so you probably wont be able to go through telechek...after so long, telecheck charges off the debt and sells it to a collection agency because they really arent a collection agency (legally speaking yes they are) but they themselves dont consider themselves as a CA.

Send NCC the money for the original check amount by law they have to accept it and post it, and check up on telechek to see if they reported to them that they got paid and stuff.

If you feel that they have violated the FDCPA report them to the FTC, and Attorney General of NJ.

Here is a slight history on this company,

Started off as a company called Goldman & Co. The owner's name was Ron Goldman, he was this fat guy who smoked cigars...very very sleezy. He would have Police scanners in the call room to scare debtors on the phone. when i was there, in a meeting w/ the company i remember this sleeze ball actually showing us his techniques. he would have collectors call not say anything but scream "F*CK YOU YOU SCUMBAG YOU ARE NOTHING PAY YOUR CHECK OR BE ARRESTED" then they would hang up....when people would bring him to court he was the slyest lawyer..he never lost a case...till about a year ago when his collection agency got shut down by the ftc, hes not allowed to own another collection agency or something sooo he had one of his friends start a new one (NCC) and hes a silent partner basically...i remember debtors calling ics up(my old co) crying asking if they could settle the debt with us, unfortunately we couldnt because the checks were sold to Goldman, but, i would advise them to just send the money to the address and not worry about the 650.00 "lawyer fee" they would charge because it wasnt legit anyways.

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After what they do to collect I would never send them a dime. The first time I got one of their calls I would tape it. If I got the letter I would lock it in a safe box. Then the moment I got these things I would be filing a lawsuit in court.

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Did you really know Ron Goldman? He was a front guy for the Jersey Mob when the office opened. I dated a girl who worked there and heard some great stories.

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<blockquote>Originally posted by gimmehere

Did you really know Ron Goldman? He was a front guy for the Jersey Mob when the office opened. I dated a girl who worked there and heard some great stories.

</blockquote>

haha yeah he was a sleeze ball lol...i met with him on 4 different occasions. and i'll tell you..at first i was a nasty collector cause i was told that was the only way to make money, granted it did bring in the money and i got bonus and such, but i just couldnt sleep at night knowing im creating such trama in a person's life...goldman & co made me look like i was the nicest collector in the world. him personally told me a tactic to use:

tell the debtor that they are going to jail for fraud and if they hang up or get mean call them back and say im sending the police over to your house when they say yeah whatever and hang up, you call up their local Police Station and tell them that you hear yelling and screaming and you think that there is a domestic dispute going on...he told me that brings the money in real quick..

hes a sleeze ball though heh.

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:confused: I was at the end of my rope when i did a google search for National Check Control. I received a letter as well as the rest of you did. I called the woman Ren Remirez and she too was hateful and nasty. The check I wrote was for 4.95 three years ago. National Check Control now says I owe 139.96 for this check for legal fees and attorneys. When I heard this i was flabbber gasted. The letter says they reapetedly tried to get a hold of me, this is a lie. this is the first letter i have received. I am so glad that I found this site on the web thank you all

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Just make sure you get those comlaints in. The new jersey attorney general is investigating now. The more the merrier. Make sure you complain to the ftc also and the bbb. Not only have they broken the law but by the amount of the check they are collecting illegal fees. This company is awful.

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WHAT ABOUT TELECHECK???????? :confused: I paid NCC their ransom money before I came across this site as well as joined the class action suit. Since that time I have tried everything to get Telecheck to remove this item from my consumer record but they continue to refuse. The refusal continued even after I supplied them with the copies of the Western Union Quick Collect that was sent to NCC. Since NCC charged me the "Criminal money" the debt and the amount paid do not math as well as the reference numbers since NCC uses a different number.

Telecheck has been COMPLETELY uncooperative. To me they are in as much violation of the law as NCC. Now Telecheck tells me they do not have to abide by the FCRA considering they are not a collection agency. I reminded them they do not have to be just a collection agency to be held to the act; any company that collects and disseminates consumer information.

I cannot open a checking account; I have been denied credit; and I have been thoroughly humiliated by this activity.

WHAT ABOUT TELECHECK?????? :mad:

[Edit by bhender945 on Sunday, May 11, 2003 @ 04:21 PM]

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Sounds like you need to sue Telecheck.

How and in what venue I don't know.

As most of us know, none of these scumbag companies respond to anything but the threat of litigation.

[Edit by smogtek on Sunday, May 11, 2003 @ 08:12 AM]

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If you have a letter from TeleCheck claiming that they are not a collection agency. ;)

Refer them to the Klayman Opinion of the FTC... :)

http://www.ftc.gov/os/statutes/fdcpa/letters/klayman.htm

It states that in no uncertain terms that the FTC considers that TeleCheck as a collection agency, and is subject to the FDCPA...

Popping them with the FTC's determination that they are a collection agency, and are thus liable for all of the damages due under the FDCPA, and FCRA, if they do not immediately rectify all listings in their companies name.

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I wish I had the money to hire an attorney to sue both companies. I have filed complaints with the FTC and joined the Ademi & O'Reilly, LLP litigation. But, all of that will not help my immediate needs.

Does anyone know the name of the attorneys in Michigan that Picantel talks about in his posting? Maybe I could contact them and they would be willing to help.

Also, if there are any attorneys willing to do any pro bono work please contact me.

I am on Social Security disability for advance stages of Lupus and I am VERY strapped for money.

Anyone, please help!!!!!

:(

By the way: "OMAR BROWN" (Probably an alias) is the liar and deceite artist from NCC. Make sure you stay clear of him if you are looking for any sort of truth. :huh:

[Edit by bhender945 on Sunday, May 11, 2003 @ 05:54 PM]

[Edit by bhender945 on Sunday, May 11, 2003 @ 05:56 PM]

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<blockquote>Originally posted by bhender945

I wish I had the money to hire an attorney to sue both companies. I have filed complaints with the FTC and joined the Ademi & O'Reilly, LLP litigation. But, all of that will not help my immediate needs.

Does anyone know the name of the attorneys in Michigan that Picantel talks about in her posting? Maybe I could contact them and they would be willing to help.

Also, if there are any attorneys willing to do any pro bono work please contact me.

I am on Social Security disability for advance stages of Lupus and I am VERY strapped for money.

Anyone, please help!!!!!

:(

</blockquote>

Picantel is a he, and he should be along tomorrow to help you :)

Hang tight!

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Blender---

TeleCheck, ChexRight, ChexSystems are bound by the FCRA if they generate reports and disclose information to third parties. They are, for all intents and purposes, a credit reporting agency since they make reports on consumers from information provided by their 'subscribers'.

Somebody posted that TeleCheck is a debt collector. I've never had to deal with them so I don't know. All I know is that if you have any bad info on their system, your check will get declined.

If any of these idiots are acting and making communications like a debt collector, then courts will consider them a debt collector as well. There are tests that the courts have used to determine this.

Time to do this stuff in writing and fax your communications. If you decide to telephone it, make notes; type them up in a memorial letter and send it.

Let us not forget that continued reporting of derogatory information to a CRA, is "collection activity".

Cheers!

[Edit by IronMan on Sunday, May 11, 2003 @ 09:34 PM]

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These guys are definitly very shady. Charles T. Hutchens has ethics complaints against him and lost a lawsuit in Illinois. Interestingly enough he got the punative damages reduced by claiming he was so poor he had a negative net worth. If you have an NSF check with Telecheck, follow up with them and clear it up. But do not send money to National Check.

They sent me a letter claiming I owed Sprint $344. Sprint has no record of the any such amount and shows the my account current during that time. When I asked for detail, they refused and hung up.

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Well well.........the good ol ex handed me a letter, dated 5-07-03 from NAt Check Control, fo a check she SUPPOSEDLY bounced for 394.39. I seen the postings before she got the letter, and informed her to stop balling, and dont panic everytime a cop drives down her road. What they are doing is immoral...........for one, She switched banks 2 years ago, and I searched bank statements..cant find anything close to it. Her old bank has been closed for years. Best I can do is call the store and try to find out when and how much its for. Thios is the first time she gotten a letter from them, and this store hasn't been around for years. Sounds like a great time to DV these John Gatti wannabes :mad:

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hey..i just recieved a letter from NCC today..just like the ones you received and i called them and they told me that the sherriff had been notified, so I went to the sherriffs office and had them run a check on me..nothing came up. so i decided to search on the internet about the company and found this board..which is cool..anyways..i filed a complaint with bbb.org. yeah the checks i wrote were from three years ago..forgot about them after I paid the bank because I thought they bank paid for them and the total was 127.48 and now NCC sent me a letter telling me that I owed them 587.48. neat huh? how long does the claim with bbb.org take? and what are the next steps for turning these suckers in? oh yeah, when I called the a**h*** on the other line, he said that I needed to pay him by three o'clock that afternoon. any advice? Do they call you and harass you? my lawyer said if they do that, then I am suppose to call her. help please! I am only 23 and a college student.

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i forgot to add that I am sending NCC a registered letter tomorrow saying that before any payment is made, that I demand an itemized sheet stating why the debt blew up so much..

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<blockquote>Originally posted by admin

Writing bad checks is a criminal offense, so I wouldn't tell them to take ANY kind of leap. I'd pay the money.

</blockquote>

Most state have a SOL for the crime of issuing fraudulant checks. You might want to check that in the state that you live in.

<blockquote>Originally posted by buzz-saw

Mike, bouncing a check is not a criminal offense unless you knew, at the time you wrote the check, that there was either a) insufficient funds at that time, or B) that there would be insufficient funds at the time a reasonable person would cash the check(generally within 10 days). So, unless you KNEW you were going to close the account at the time you actually wrote the check, you're not in trouble from a criminal standpoint.

</blockquote>

In Most states a person/company that accepts a check for services or good has 180 days from the date the check was written to deposit it and after that the check is nul and void. So even though the account was open at the time the check was written and closed at the time they tried to deposit it it is still a binding contract.

Just a little food for thought.

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