Consumer complaint received 2022-07-15
Company: Genesis FS Card Services, Inc.
State: PA
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Problem when making payments
Sub-issue: Problem during payment process

Complaint:
I sent an endorsed bill remittance coupon to Genesis FS Card Services on XX/XX/2022. They received it on XX/XX/2022, and someone names " XXXX XXXX '' signed for it. I called them to confirm that they have received my payment and they told me they have not gotten it. I have confirmation that it was received and someone signed for it. The proof will be attached in this complaint. The amount of the endorsed bill is {$1100.00}. That will also be attached in this complaint. Genesis FS Card Services failed to credit my account accordingly, and now my account is pass due. 

On the billing statement they sent me, my account showed a positive balance which included a payment coupon to remit payment. The payment coupon was filled out and enclosed in the envelope which was sent back to Genesis FS Card Services. 

Federal Laws supporting this complaint : 15 USC 1666, 15 USC 1666a, 15 USC 1666b, 15 USC 1666c, 15 USC 1666d, UCC 3-602, UCC 3-311 , UCC 3-603, UCC 3-104, UCC 3-306 15 USC 1666d ( A ) - credit the amount of the credit balance to the consumers account ; 15 USC 1666d ( B ) - refund any part of the amount of the remaining credit balance, upon request of the consumer ; and 15 USC 1666d ( C ) - make a good faith effort to refund to the consumer by cash, check, or money order any part of the amount of the credit balance remaining in the account for more than six months, except that no further action is required in any case in which the consumers current location is not known by the creditor and can not be traced through the consumers last known address or telephone number. 
UCC 3-602 - an instrument is paid to the extent payment is made ( i ) by or on behalf of a party obliged to pay the instrument, and ( ii ) to a person entitled to enforce the instrument. To the extent of the payment, the obligation of the party obliged to pay the instrument is discharged even though payment is made with knowledge of a claim to the instrument under Section 3-306 by another person.

UCC 3-311 - If a person against whom a claim is asserted proves that ( i ) that person in good faith tendered an instrument to the claimant as full satisfaction of the claim, ( ii ) the amount of the claim was unliquidated or subject to a bona fide dispute, and ( iii ) the claimant obtained payment of the instrument, the following subsections apply. 
UCC 3-603 - ( a ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract. 
( b ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates. ( c ) If tender of payment of an amount due on an instrument is made to a person entitled to enforce the instrument, the obligation of the obligor to pay interest after the due date on the amount tendered is discharged. If presentment is required with respect to an instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the person entitled to enforce the instrument. 
UCC 3-104 - ( a ) Except as provided in subsections ( c ) and ( d ), " negotiable instrument '' means an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if it : ( 1 ) is payable to bearer or to order at the time it is issued or first comes into possession of a holder ; ( 2 ) is payable on demand or at a definite time; and ( 3 ) does not state any other undertaking or instruction by the person promising or ordering payment to do any act in addition to the payment of money, but the promise or order may contain ( i ) an undertaking or power to give, maintain, or protect collateral to secure payment, ( ii ) an authorization or power to the holder to confess judgment or realize on or dispose of collateral, or ( iii ) a waiver of the benefit of any law intended for the advantage or protection of an obligor. 
( b ) " Instrument '' means a negotiable instrument.

( c ) An order that meets all of the requirements of subsection ( a ), except paragraph ( 1 ), and otherwise falls within the definition of " check '' in subsection ( f ) is a negotiable instrument and a check. 
( d ) A promise or order other than a check is not an instrument if, at the time it is issued or first comes into possession of a holder, it contains a conspicuous statement, however expressed, to the effect that the promise or order is not negotiable or is not an instrument governed by this Article.

( e ) An instrument is a " note '' if it is a promise and is a " draft '' if it is an order. If an instrument falls within the definition of both " note '' and " draft, '' a person entitled to enforce the instrument may treat it as either. 
( f ) " Check '' means ( i ) a draft, other than a documentary draft, payable on demand and drawn on a bank or ( ii ) a cashier 's check or teller 's check. An instrument may be a check even though it is described on its face by another term, such as " money order. '' UCC 3-306 - A person taking an instrument, other than a person having rights of a holder in due course, is subject to a claim of a property or possessory right in the instrument or its proceeds, including a claim to rescind a negotiation and to recover the instrument or its proceeds. A person having rights of a holder in due course takes free of the claim to the instrument.

Company response to consumer: Closed with explanation