Frederick J Hanna and Associates

Also, I wanted to say that they checked my credit report recently.

It is probable that they don't "represent" Citibank but instead bought the debt, like most debt collectors. Check your credit report and see if your account was "charged off" or "written off". If so, Citibank may have sold it to them. So their claim of "representing" Citibank may not be true.

I suggest that you don't speak with them over the phone any more, and make all your dealings with them in writing. Don't admit to the debt over the phone, they record phone calls and will use it against you. Tell them to put their claim in writing instead of discussing it over the phone. When you get their dunning letter, reply with a DV letter, certified, return receipt. Keep copies of everything.

I have dealt with them. I sent them a DV letter, they were unable to validate the debt, they simply replied with a "yep, we checked and you do owe the amount" letter, that was pretty much all they had. And they sued me in court anyway. They may try to do the same with you.

If you need legal resources there are plenty of suggestions on this site, or you can PM me and I'll tell you the resources I used. There are many consumer complains against this outfit.

Citibank doesn't even show on my credit report anymore as owning the debt, it is listed under Asset Acceptance. Can I send them a DV letter since they called, or do I have to wait for them to send me something in the mail?

As far as I know, the CA is supposed to send you their "written notice" within 5 days of initial contact (such as their initial phone conversation with you).

From the FDCPA:

?? 1692g. Validation of debts

(a) Notice of debt; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing???
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer???s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

Yep, a debtor is entitled to a written notice.

Wait the five days the law requires them to send you a letter. On day six send them a debt validation letter and mention that they have already violated your rights once, that they did not send you the required dunning letter.

Good luck in getting them to comply with your DV request (or anything having to do with consumer protection laws, for that matter). And, they won't work with you on a repayment plan, either. ALL they are interested in is getting a judgment against you.

You can't fight a debt collector who was granted immunity from investigation of their questionable business practices by the Georgia Supreme Court last year.

Immunity? Are you kidding???

The simple fact is, if they violate, they will lose in court...there is no 'immunity' for civil suits. If they don't comply with a DV or violate in any manner that can be proven (and lets face it, that is why we use CMRR so we have PROOF) then they have no options but to settle to keep it out of court. But that is still a win since in a settlement they will pay you plus remove the listing from the credit reports. It can be done. In fact, the number of consumer suits against these unethical companies is on the rise....more and more people are becoming aware of their rights and fighting back.

Oh and I read the court info...it is simply stating that a lawyer or law firm can't be held under FBPA (Fair Business practices Act) because they do not regulate lawyers. HOWEVER, you missed one huge sparkling gem...right in the papers it states that while they can't be held liable to the FBPA of Georgia, they ARE still responsible under FCRA and FDCPA in relation to debt collection.

The practice of LAW is above consumer protection, but not debt collection.

Besides, it can be easily proven that if the lawfirm owns the debt, then by attempting to collect they are acting as debt collectors. If they are representing a client who is trying to collect, then all a person has to do is DV the CLIENT...THEY are not above the FBPA.

He said that they had sent a letter to my old address, but it would've been forwarded to my new address. He then read off my new address. Does that first letter count as initial contact, or should I still wait the 5 days from the phone conversation?

Thanks for the advice everyone.

With Fred Hannas crew of thugs it does not matter. They are going to play by there own rules and take the chances that the average person will give in rather than sue them. If they get sued they settle and move on. Part of the cost of doing business for them. Assume they are going to persue you regardless.

That was exactly my point, Frogpatch. Hanna plays by his own rules, because he knows he CAN. Had Bill McCloud and the Georgia Governor's Office of Consumer Affairs prevailed in their case to force Hanna to turn over documents exposing his debt collection practices, these civil suits (more than likely), would not be necessary.

I would say the phone conversation counts as the "initial contact". As others here have said, H&NN& and Co. could care less about the finer points of law. They will file suit against you as leverage so you will hand them $$$. Or at least a default judgment so they can garnish wages, etc.

They are looking for easy marks, such as people who don't answer when they file their "complaint". Assume that they will file something against you in court. If/when you get the summons, you have 30 days (in GA) to answer. Challenge their claim in court (they usually have no proof of the debt, only a generic unsigned "contract" and maybe random copies of statements, which are all hearsay). Answer properly and on time, and show up for the hearing. Stick to your guns and you will most likely win.

Hanna and Associates has been representing CC for awhile now and they did not BUY the debt --they usually represent the creditor. And another thing... even when a firm buys the debt....you are always legally responsible for that debt.
Period.

Quote:

I was under the impression that one the original creditor wrote off the debt and sold it to a collection agency that the original creditor couldn't collect try to collect on the debt.
Also, can I be pointed in the direction of a good DV letter please? I know I should send it with delivery confirmation, but should I have someone sign for it also?

That is correct. Once a creditor sells an account, it is out of their hands. As for a good DV letter, there are tons of good ones, some bad ones. Simply do a search for debt validation letter and you will see. You should always use these letters as a reference point only...all letters should be unique to the individual and the debt in question.

I sent one on Monday, now I'm just waiting for the inevitable.

Once again, thank you everyone for your help!