Ping: FOFC'ers in Georgia.

SackAttack · 11-11-2004, 08:41 PM

Any of you folks near Marietta? If so, I need some help.

Long story short, my girlfriend made some choices that got her in a bit of a sticky wicket with Bank of America a year or two ago, and she ended up going through some guy referred to her by Bank of America to deal with the payment issues. Apparently, she was to pay him, and he was to in turn pay Bank of America, and today, she gets a call from B of A to the effect that she still owes them the original $200, plus $400 in late penalties or interest or whatever because the bill is still outstanding. Long story short, the guy apparently did not make the payment to Bank of America.

If that sounds a little disjointed, I apologize - she was in tears on the phone and frankly a little hysterical, and I don't blame her. It does make it difficult to get the story straight, but the above is the best I can piece it together. She still has her bank statement indicating the payment, and the name for that transaction is listed as "Frederick J. Hann" in Marietta, Georgia.

I'm trying to track down who this might be, and perhaps even a contact number, since she doesn't appear to have that phone number any longer. If any of you folks can help me out on this, it would be greatly appreciated.

digamma · 11-11-2004, 09:15 PM

There is a Fred Hahn (not Hann) in Roswell, GA listed on Yahoo People Find. Roswell is fairly close to Marietta--both are suburbs of Atlanta. My guess is that this is probably a dead end. I'm guessing that contacting him probably won't do you much good. You know the old saying about denial. Did she have a written agreement with him?

Was your girlfriend able to explain the situation clearly to the B of A rep? I'm not sure exactly what you mean by her "bank statement." Was she using a different bank from B of A? Does she have a B of A contact from several years ago? My guess is that she is probably going to have to work with B of A to find a solution here.

SackAttack · 11-11-2004, 09:31 PM

Yeah, I'm not entirely sure what the situation was. What I described above was what I could get out of her through the tears.

I don't know if she had a written agreement. That would be something to find out.

As far as her "bank statement," think that's me misspeaking. I'd venture to guess that what she meant was her credit card statement, as I think that's what the issue is all about. She's supposed to call me back in a little bit, and I'll try and get some more information out of her then.

GoldenEagle · 11-11-2004, 09:32 PM

Was this guy with the bank?

SackAttack · 11-11-2004, 09:32 PM

I don't think so. From what I was given to understand, she was referred to him by the BofA representative.

Gallifrey · 11-11-2004, 09:45 PM

I lived in Marietta before moving west.

Interesting story.

Flasch186 · 11-11-2004, 09:49 PM

sounds sketchy

ShaqFu · 11-11-2004, 10:04 PM

Was this a collection agency?

Buzzbee · 11-11-2004, 10:26 PM

PM Sent

Shepp · 11-11-2004, 10:26 PM

Sounds to me like your girlfriend got cought up in some sort of scam. Without more details it would be hard to make any suggestions. However, if she was referred by Bank of America to this guy I would start with the person that referred her to him.

If he was a scam artist there is a pretty good chance that it wasn't even his real name.

She should also go to the Police in whatever jurisdiction that this occurred. With all the more info you provided it would be hard to say if they could help, but it can't hurt to get them involved.

SackAttack · 11-12-2004, 01:36 AM

It looks like we might've nailed the bastard.

Frederick J. Hanna, of Frederick J. Hanna & Associates, based out of Marietta, Georgia.

A friend of mine pulled up this website:

http://www.budhibbs.com/Hanna,%20Frederick%20J.htm

So apparently, folks have had bad dealings with him in the past. I'm going to see if I can track down some more information on this guy. I've got his address and phone # for his offices. If anybody is in or near Marietta, and wouldn't mind driving by the place for me to make sure it actually does exist, PM me and I'll give you the address.

Still not sure what, if anything, she's gonna be able to do about this, but this is a huge first step - particularly since the money is alleged never to have been received by Bank of America.

ShaqFu · 11-12-2004, 02:18 AM

OK. You've been had by a collection agency. You have some recourse. Do some research on the FDCPA, Fair Debt Collection Practices Act.

Unfortunately, you're in tough situation. Debt collectors are notorious for screwing people over and taking their money. You need to see if you can get copies of checks.

There are a number of good Web sites and message boards dealing with credit and debt collection.

Neon_Chaos · 11-12-2004, 02:29 AM

Time to whip out the steel bat. It's clobberin' time.

SackAttack · 11-12-2004, 03:04 AM

Quote:

Originally Posted by ShaqFu

OK. You've been had by a collection agency. You have some recourse. Do some research on the FDCPA, Fair Debt Collection Practices Act.

Unfortunately, you're in tough situation. Debt collectors are notorious for screwing people over and taking their money. You need to see if you can get copies of checks.

There are a number of good Web sites and message boards dealing with credit and debt collection.

Well, she has, I haven't. She enlisted my help because I've proven able to help solve other problems she's had in the past (usually minor stuff like "how to remove a computer worm").

Copies of checks probably won't happen - she appears to have paid over the phone (d'oh!) by debit card (double d'oh! I can't believe her account wasn't emptied by this jerk). She does have a statement listing the payments to him, however.

As far as follow-ups go, this appears to be the story:

She owed Bank of America around $200. This as of a statement she found dated 2002 from BofA with a balance of about $192. At some point in 2003, she was contacted by this Hanna guy, who told her that Bank of America was going to be suing her to collect $1500, but that she could settle for $900. That set off alarms for me as soon as she said that tonight. I wish she would've said that to me back when it happened, although I don't know if it would've raised my hackles like it did tonight.

Anyhow. She paid it, and some time later got a call from another, different collection agency, trying to collect her debt. She told them she had already paid it, they tried to call a couple times more, and then dropped the matter. That was over a year ago, and tonight she gets a call from a third collection agency, Imperial Collection Services (which I found, oddly, by discovering the phone # she gave me in a "help wanted" ad from these guys). ICS is claiming she owes around $600.

I will look into the FDCPA and see if there's anything in there that might be useful. I've already advised her to speak to a lawyer and to call Bank of America's fraud department and see what they have to say about this Hanna guy, if they sold him the account back in '02, or what the deal is here.

The issue seems to be that Hanna may have sold her account to another CA despite collecting payment from her, so I'd guess that if anything's actionable, it's going to be against Hanna, because he seems to be the dodgy pin in the whole pyramid.

Thanks for your help, guys. If anybody else (particularly one of our resident lawyers) has some helpful information to add, please, don't hesitate.

SackAttack · 11-12-2004, 03:08 AM

Dola,

Quote:

Originally Posted by legal mumbo jumbo

Acknowledgment or new promise.

No acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the cause out of the operation of this chapter, unless the same be contained in some writing signed by the party to be charged thereby.

Can any lawyer types tell me what that means? It was quoted on a website pertaining to the rights of creditees in her situation.

Blackadar · 11-12-2004, 06:56 AM

Quote:

Originally Posted by Neon_Chaos

Time to whip out the steel bat. It's clobberin' time.

I agree. It's time to kneecap someone. When's the party?

Shepp · 11-12-2004, 09:29 AM

You should definatley go see the Police. Even if your girlfriend used a debit card over the telephone there will still be a transaction record of payment to that establishment. I would also hope that your girlfriend has some sort of contract or paperwork that outlines what this agency was supposed to do for her.

In georgia Theft by Conversion is where someone (this agancy) obtains goods (your girlfriends money) through lawful means (her giving it to them) and them keeping it for their own use (them not paying her debts).

cartman · 11-12-2004, 09:38 AM

If she's in Cali, and this guy is in Georgia, and the "transaction" took place over the phone, then the feds can get involved as well, since this is inter-state commerce.

digamma · 11-12-2004, 10:07 AM

Quote:

Originally Posted by SackAttack

Dola,

Can any lawyer types tell me what that means? It was quoted on a website pertaining to the rights of creditees in her situation.

They are basically saying that in order for a contract to be formed it must be in writing and signed by the two parties. Probably not enforceable, unless the language itself is in a written contract. I can't answer that second part without seeing more of the web site.

SackAttack · 11-12-2004, 01:50 PM

Just an update. My girlfriend called Bank of America this morning, and they, in turn, called Hanna. Hanna confirmed that the debt was settled over a year ago when she paid the ~$900, and either he or Bank of America (I wasn't real clear on that part) will be sending Amanda paperwork to that effect that she can use to get the other CAs off her back.

So it looks like the story is going to have a moderately happy ending after all.

11-11-2004, 09:32 PM	#4
GoldenEagle Grizzled Veteran Join Date: Dec 2002 Location: Little Rock, AR	Was this guy with the bank? __________________ Xbox 360 Gamer Tag: GoldenEagle014

11-11-2004, 09:49 PM	#7
Flasch186 Coordinator Join Date: May 2002 Location: Jacksonville, FL	sounds sketchy __________________ Jacksonville-florida-homes-for-sale Putting a New Spin on Real Estate! ----------------------------------------------------------- Commissioner of the USFL USFL

11-11-2004, 10:26 PM	#9
Buzzbee College Starter Join Date: Jun 2002	PM Sent __________________ Ability is what you're capable of doing. Motivation determines what you do. Attitude determines how well you do it. - Lou Holtz

11-12-2004, 09:38 AM	#18
cartman Death Herald Join Date: Nov 2000 Location: Le stelle la notte sono grandi e luminose nel cuore profondo del Texas	If she's in Cali, and this guy is in Georgia, and the "transaction" took place over the phone, then the feds can get involved as well, since this is inter-state commerce. __________________ Thinkin' of a master plan 'Cuz ain't nuthin' but sweat inside my hand So I dig into my pocket, all my money is spent So I dig deeper but still comin' up with lint

11-11-2004, 09:15 PM	#2
digamma Torchbearer Join Date: Sep 2001 Location: On Lake Harriet	There is a Fred Hahn (not Hann) in Roswell, GA listed on Yahoo People Find. Roswell is fairly close to Marietta--both are suburbs of Atlanta. My guess is that this is probably a dead end. I'm guessing that contacting him probably won't do you much good. You know the old saying about denial. Did she have a written agreement with him? Was your girlfriend able to explain the situation clearly to the B of A rep? I'm not sure exactly what you mean by her "bank statement." Was she using a different bank from B of A? Does she have a B of A contact from several years ago? My guess is that she is probably going to have to work with B of A to find a solution here.

11-11-2004, 09:31 PM	#3
SackAttack Head Coach Join Date: Oct 2000 Location: Green Bay, WI	Yeah, I'm not entirely sure what the situation was. What I described above was what I could get out of her through the tears. I don't know if she had a written agreement. That would be something to find out. As far as her "bank statement," think that's me misspeaking. I'd venture to guess that what she meant was her credit card statement, as I think that's what the issue is all about. She's supposed to call me back in a little bit, and I'll try and get some more information out of her then.

11-11-2004, 09:45 PM	#6
Gallifrey High School Varsity Join Date: Oct 2003 Location: Seattle, Washington	I lived in Marietta before moving west. Interesting story.

11-11-2004, 10:04 PM	#8
ShaqFu H.S. Freshman Team Join Date: Nov 2004 Location: South Florida	Was this a collection agency?

11-11-2004, 10:26 PM	#10
Shepp High School Varsity Join Date: Oct 2000 Location: Atlanta, GA	Sounds to me like your girlfriend got cought up in some sort of scam. Without more details it would be hard to make any suggestions. However, if she was referred by Bank of America to this guy I would start with the person that referred her to him. If he was a scam artist there is a pretty good chance that it wasn't even his real name. She should also go to the Police in whatever jurisdiction that this occurred. With all the more info you provided it would be hard to say if they could help, but it can't hurt to get them involved.

11-12-2004, 01:36 AM	#11
SackAttack Head Coach Join Date: Oct 2000 Location: Green Bay, WI	It looks like we might've nailed the bastard. Frederick J. Hanna, of Frederick J. Hanna & Associates, based out of Marietta, Georgia. A friend of mine pulled up this website: http://www.budhibbs.com/Hanna,%20Frederick%20J.htm So apparently, folks have had bad dealings with him in the past. I'm going to see if I can track down some more information on this guy. I've got his address and phone # for his offices. If anybody is in or near Marietta, and wouldn't mind driving by the place for me to make sure it actually does exist, PM me and I'll give you the address. Still not sure what, if anything, she's gonna be able to do about this, but this is a huge first step - particularly since the money is alleged never to have been received by Bank of America.

11-12-2004, 02:18 AM	#12
ShaqFu H.S. Freshman Team Join Date: Nov 2004 Location: South Florida	OK. You've been had by a collection agency. You have some recourse. Do some research on the FDCPA, Fair Debt Collection Practices Act. Unfortunately, you're in tough situation. Debt collectors are notorious for screwing people over and taking their money. You need to see if you can get copies of checks. There are a number of good Web sites and message boards dealing with credit and debt collection.

11-12-2004, 02:29 AM	#13
Neon_Chaos Pro Starter Join Date: Nov 2004 Location: Parañaque, Philippines	Time to whip out the steel bat. It's clobberin' time.

11-12-2004, 09:29 AM	#17
Shepp High School Varsity Join Date: Oct 2000 Location: Atlanta, GA	You should definatley go see the Police. Even if your girlfriend used a debit card over the telephone there will still be a transaction record of payment to that establishment. I would also hope that your girlfriend has some sort of contract or paperwork that outlines what this agency was supposed to do for her. In georgia Theft by Conversion is where someone (this agancy) obtains goods (your girlfriends money) through lawful means (her giving it to them) and them keeping it for their own use (them not paying her debts).

11-12-2004, 01:50 PM	#20
SackAttack Head Coach Join Date: Oct 2000 Location: Green Bay, WI	Just an update. My girlfriend called Bank of America this morning, and they, in turn, called Hanna. Hanna confirmed that the debt was settled over a year ago when she paid the ~$900, and either he or Bank of America (I wasn't real clear on that part) will be sending Amanda paperwork to that effect that she can use to get the other CAs off her back. So it looks like the story is going to have a moderately happy ending after all.

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