Drew Posted May 4, 2007 Report Share Posted May 4, 2007 I sent a DV Letter to a company who claims they secure checks by the name of Global Payments. They informed me that the account was referred for collections to John Hasenmiller, a third party CA, so payment and balance information must be provided by the agency.I tried calling the 800 number they provided, but the receptionist says "John Hasenmiller" hasn't been with the company in a long time.The CA is not reporting on my credit reports, yet.So, what should I do now? Link to comment Share on other sites More sharing options...
derekpritchard Posted May 4, 2007 Report Share Posted May 4, 2007 Drew, Global payments was the original CA and they sent it to this John Hasenmiller afterwards? And they say that this Hasenmiller does not have it anymore correct? Link to comment Share on other sites More sharing options...
Drew Posted May 4, 2007 Author Report Share Posted May 4, 2007 Drew, Global payments was the original CA and they sent it to this John Hasenmiller afterwards? And they say that this Hasenmiller does not have it anymore correct?The account was supposedly a post dated check made out to a car dealership that Global Payments secured. In their defense, the check never cleared therefore the account was sent to John Hasenmiller. John Hasenmiller is a third party CA, but I haven't seen their TL on my credit report.I called the 800 number Global gave me to reach the offices of John Hasenmiller and some receptionist said "He's been gone for a while now.", whatever that means. Sounds counterfeit to me. Link to comment Share on other sites More sharing options...
derekpritchard Posted May 4, 2007 Report Share Posted May 4, 2007 Definitely...well you called them with no luck. sounds like they don't know you, don't have anything on you...so maybe letting it drift into the forgotten sea would be best. Link to comment Share on other sites More sharing options...
Drew Posted May 4, 2007 Author Report Share Posted May 4, 2007 Actually, I never verified any of my information.So, they don't know who was calling them, just that this John person was not available. Link to comment Share on other sites More sharing options...
derekpritchard Posted May 4, 2007 Report Share Posted May 4, 2007 Well Drew, Like i said I would let it float and rot in teh forgotten sea. It sounds as if they have nothign at all on you and just keep an eye on it. Make sure you take notes now that you never received anything from this guy or from the other company when they sold your account. That's a violation. So if they ever do try to nail you with it, you've already got a loaded weapon to fire back with. But hopefully, it won't come ot that, and they'll never bother you with it. Link to comment Share on other sites More sharing options...
Drew Posted May 5, 2007 Author Report Share Posted May 5, 2007 I understand, if this wasn't hurting my credit then I would agree.But, the thing is, this account is only one year old and I don't need this negative mark on my credit reports for the next six years.I am trying to get this taken off my credit report, but don't know how to wake the sleeping dog. I was hoping I could get some info about the next step in this type of situation. Link to comment Share on other sites More sharing options...
derekpritchard Posted May 5, 2007 Report Share Posted May 5, 2007 sorry drew!i forgot that you mentioned it was on your CR. i was thinking that when you said john hasenmiller wasn't on your CR that the debt was in a limbo state. if the OC, Global Payments, has sent it to a CA and they never notified you about it, you can press that issue. you can always use the OC letter on the site to get some more info about the account and verify the info. you can tell them that you were never made aware of that fact an maybe try to settle with them. depending on the amount, try and pay the OC and have them remove it from the CR (after getting it in writing). i did that with one CC company where the debt was like $46. i had moved and forwarded my mail and never got anything else ever from them. about a month ago the OC showed up on my CR, i called them and they said they sold the account like 2-3 years ago. i asked if i paid them directly if they would remove it from my report as if it never existed. at first they said no, but when i called back about 3 days later, they accepted, sent me a letter and i remitted payment, and now it's off my CR. i guess that's always worth a shot. maybe divemedic or someone a bit more knowledgeable could give you some better advice! Link to comment Share on other sites More sharing options...
Drew Posted May 5, 2007 Author Report Share Posted May 5, 2007 Yes, the only probably with that is this is 1500, due to a bounced check.So, technically the amount without fees or anything is 1500. I'm wondering if they're even willing to negotiate that at all.What do you think? Link to comment Share on other sites More sharing options...
derekpritchard Posted May 6, 2007 Report Share Posted May 6, 2007 yowza, i don't know man, it's possible i guess. how long ago was it that it bounced? time can help you reduce that rate. since they charged off and sent to a CA there's a chance, especially since they already got their tax credit for it. worth a shot! Link to comment Share on other sites More sharing options...
Drew Posted May 6, 2007 Author Report Share Posted May 6, 2007 yowza, i don't know man, it's possible i guess. how long ago was it that it bounced?It was about 15 months ago. I'm not sure if I should DV the CA because of the circumstances though. Link to comment Share on other sites More sharing options...
Drew Posted May 8, 2007 Author Report Share Posted May 8, 2007 Update: Pay status says "not on record". What does that mean? Link to comment Share on other sites More sharing options...
derekpritchard Posted May 8, 2007 Report Share Posted May 8, 2007 no idea! i haven't seen that before. maybe one of the veterans of credit war around here, have some details. but it sounds like they are definitely reporting it incorrectly so you could dispute it i guess. Link to comment Share on other sites More sharing options...
Drew Posted May 9, 2007 Author Report Share Posted May 9, 2007 Alright, so what should I do at this point?Should I DV the CA saying "I never received initial communication concerning this debt" or respond to the OC's letter?If the OC, than what direction would I go with them? Link to comment Share on other sites More sharing options...
derekpritchard Posted May 9, 2007 Report Share Posted May 9, 2007 well if you contact the OC i would be like, what is this charge and how did it get associated with my name and identity? can you please send me whatever info you have in regards to this ASAP. see what they got, and if everything looks proper, then you can try and settle with them. if you do that, make sure that you get them to completely remove the listing from your CR, not just paid. that's just as bad or worse sometimes!if you contact the CA, let them know you never received any communication from them (FDCPA violation) and that they need to provide you with validation of the debt.the call is going to be yours on what you do. i personally would do both. DV the CA and send a letter to the OC to see what records they have? then post here with the results and we can go from there. we want this removed, it could be easy, or you may have to pay. it all depends on what the OC and CA have in their systems for you. Link to comment Share on other sites More sharing options...
Drew Posted May 9, 2007 Author Report Share Posted May 9, 2007 Good advice. I believe I will do both.Do you know what section of the FDCPA pertains to sending initial communication? Link to comment Share on other sites More sharing options...
Drew Posted May 10, 2007 Author Report Share Posted May 10, 2007 This is the letter I plan to send the OC. Does anyone have any suggestions or some advice on how I might tweak it?To Whom It May Concern: This correspondence is being forwarded in response to a letter your company sent me on May 01, 2007. Having previously reviewed my credit reports from the three national credit bureaus, I saw that it was your company reporting delinquency of this debt. Therefore the information provided by your company was immediately disputed with the three national credit bureaus and the results of the investigation came back "verified". Not only have I not seen verifiable information on this account, but also according to the FCRA, as amended by the FACTA act, you are required to notify me of the insertion of negative listings. Although you advised me to contact XXXX for payment and balance information, I was informed by the offices of XXXX that the assignee could not be located. Since I have never received initial communication from their offices and the fact that you "verified" the account after being disputed, I am very curious as to what kinds of "records" you may have for this alleged account. Under the new FACTA laws, you are required to conduct an investigation on this account, and I am now requesting it. I am reprinting the legal text from the FCRA for your legal staff.I will seek legal action under § FCRA 623 ( for violations of the FCRA if you do not comply and respond to me with the results of the investigation in 30 days.In order to clear up this matter, I would like to see signed documentation showing me I owe this account. If you don't respond with the results of the investigation (as is required per the FCRA), I will assume you have no documentation and therefore you were negligent in providing the credit bureaus with accurate information. Thereafter, I am obligated to request a Certificate of Destruction. At this point, you would also be in violation of the FCRA merely for not responding within the 30-day period.To avoid a lawsuit, I request that you remove the negative listing from my credit reports. Though I am entitled to $3,000; $1000 per violation on each credit report, I will accept $1000. Please remove this listing, or I will be forced to seek legal action. Link to comment Share on other sites More sharing options...
merkurfan Posted May 11, 2007 Report Share Posted May 11, 2007 Just a quick thought.. Originally you said that this debt is for a "post dated check".. Might want to check your state laws. In Minnesota a post dated check is not worth the paper it is written on if it bounces. The acceptor accepted the check KNOWING you did not have the funds thus it was post dated. If you can prove you bought the car on 01/01/07 and the check is dated 01/02/07 or later, they are SOL (the outta luck one) on trying much of anything to collect. They can call and ask ya, but the law won't do a thing for them (including the courts).I learned this one the hard way when I owned a business... Still have the check just incase I run out of toilet paper. 2400 dollar poke in the eye. They dated it the next day and I missed it when I rang them out. Link to comment Share on other sites More sharing options...
Drew Posted May 11, 2007 Author Report Share Posted May 11, 2007 Wow, I guess that's why Global Payments is in the picture to begin with. The dealership probably figured if the check bounces, they still have the money in their pocket.I'm wondering how I would be able to prove it was post dated considering that checking account is closed. Wouldn't be against the law to write a check that bounced though too?I just don't want to burn myself trying to go at that angle. Link to comment Share on other sites More sharing options...
Drew Posted May 12, 2007 Author Report Share Posted May 12, 2007 Wait a minute, how can this company even report a bounced check?I thought ChexSystems reports that type of stuff? Link to comment Share on other sites More sharing options...
Drew Posted May 13, 2007 Author Report Share Posted May 13, 2007 Wait a minute, how can this company even report a bounced check?I thought ChexSystems reports that type of stuff?Bump. Link to comment Share on other sites More sharing options...
Drew Posted May 17, 2007 Author Report Share Posted May 17, 2007 Bumpage. Can someone please tell me what I should do with a company collecting on a post dated check? Link to comment Share on other sites More sharing options...
Drew Posted June 20, 2007 Author Report Share Posted June 20, 2007 I sent an investigation request CMRRR to the OC over a month ago and never received a response.Any ideas on what my next step should be? Link to comment Share on other sites More sharing options...
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