Hamner Investment Services, Any Advice Appreciated.

[traveler2005]

Hi All

So I received a call asking me to call an 866 number, I called, when the guy answered, I told him My name and their account number that they had said to refer to, they said are you ____   ______    My old last name, I haven't had that last name in at least 12 years, so I know this debt is at least that old. I said that I would like him to send me a dunning notice, he said "a dunning  notice, we aren't going to send you a dunning notice, you are being sue'd" This is the first contact I have had with them. " I politely told them that I didn't think so and hung up. Now what do I do? Wait for dunning notice, or since they know that I know what the legal procedure is do you think they will back off. What is my next move if I don't received the notice within the 5 days of our contact today.I see that they  HP my experian report in Jan. They do not have a website, and I saw another blog that many had written into to say that they are bottom feeders.  My state SOL is 6 years. I haven't had the last name that they are looking for  12 years at least. Thank you for any help. Please give advice.

[traveler2005]

Hi

Should I wait and see what happens? I don't think they will send dunning notice, even though they are required to within 5 days. I have no idea where this debt came from or who the Original company is, so it will be hard to send DV without a dunning notice. What should I do?  This is not on my CR, I believe that the SOL for reporting as well as collecting for whatever it may be is long over.

[RobertEG]

Once 5 days has passed from the date of their call (give another few days for mailing time), I would send a written complaint to the FTC, with a cc: to the debt collector, alleging their failure to comply with the dunning notice requirement of FDCPA 809(a).  I would certainly reference your oral request to them, and their statement that they dont have to comply with the statute.

They are clearly off the reservation.

Then send them a DV.  Not having provided dunning notice, any DV you send will be timely and invoke an automatic cease collection bar against them.

Then they must sit in limbo until such time as they decide to comply with your request for verification of the debt.  Even if they were to bring legal action, there is tons of case law holding that that does not relieve them of obligation to provide debt verification.

It most likely will never see the light of day in your CR if the DOFD was more than 7 years plus 180 days ago.  If they do report to a CRA, they are required to provide the DOFD on the OC account within 90 days.  If they know the exclusion period has expired, the only way they could get it into your CR would be to provide an incorrect DOFD.

If they bring legal action on a knowingly time-barred debt, they face the possibility of counter-suit on your part.

I think you have the ammunition on your side.  I doubt you will from them again if you DV them.  I