Showing posts with label Debt Settlement. Show all posts
Showing posts with label Debt Settlement. Show all posts

Friday, March 10, 2017

Debt Collection Bottom Feeder Text Messages

Here is a cell phone screen shot sent in by one of my clients. The ex significant other took out some internet payday loans in my client's name.

Eventually, the defaulted loans get sold to "bottom feeders" who will never stop the harassment. Keep in mind, that the FDCPA and the Telemarketing Sales Rule regulates this kind of behavior, but we still have to find them to serve a lawsuit.



It is hard to track down these scammers when they use Google Voice or VOIP phone numbers to call and text from.

The take away from this, is that you absolutely have nothing to be afraid of if someone is 1. texting you and 2. if English is definitely not their primary language.

It is kind of funny actually. If this is happening to you, try to laugh it off, and DO NOT return the text.

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Wednesday, March 8, 2017

Scam Debt Collector Bottom Feeders

A current client forwarded this email to me. First  a scammer will always use a non-traceable email address such as Gmail or Hotmail.

For fun, see how many grammatical, spelling and format errors you can find in this message as well as completely inaccurate information. Lol.


 Sent from my iPhone

Begin forwarded message:
From: National Collection Bureau <nationalcollection.usa@gmail.com>
Date: March 8, 2017 at 1:55:53 PM EST
To: National Collection Bureau <nationalcollection.usa@gmail.com>
Subject: Final Notification_Lawsuit Case File#JMD-01147791-SC
FINAL NOTICE FOR FAIR ACTION
(Fair Debt Collection Act-811[15 USC 1692i])
Case File#JMD-01147791-SC 

Last Date to File Lawsuit- March 10th 2017.
Cost of the Lawsuit-5825.35
Courthouse Address-NYC Civil Court(89-17 Sutphin Blvd, New York, NY 10038).
Legal Charges-Section 19(A), Clause 21(US).
Case Format- Fair Debt Collection Act 811 (FC/SC)
Due Amount-$556.00

Dear Debtor,

This is to notify you and requires your immediate attention.
We are going to file a lawsuit in next 24 hours at  NYC Civil Court (89-17 Sutphin Blvd, New York, NY 10038).against your Name and SSN. After giving several notifications we did not received any response from your side. We will consider that you are ignoring this matter and you want to dispute. We are in a process to inform the Social Security Administration & major Credit Bureaus as well.
If we do not hear from you today, we will be compelled to seek legal representation in the Court House. We reserve the right to commence litigation for intent to commit wire fraud under the pretense of refusing to repay a debt committed to, by use of the Internet. In addition we reserve the right to seek recovery for the balance due, as well as legal fees and any court cost incurred. 
Note:If we don't get any response from your side, we shall have no alternative but to take action through the local County Courthouse to recover the amount due together with court costs and legal fees including all taxes which cost approximately $5825.35. 
Note: The Legal Charges Section 19(A), Clause 21(US) is against you and if you ignore this case then our legal department will take immediate action you.
If we receive the remaining payment from you thereafter we will provide you full and final receipt stating that your case file is closed permanently with remaining zero balance. Don't take this matters lightly otherwise once the case file is downloaded thereafter we won't be able to help you out.
If you fail to respond us the Charges will be pressed against the name are: 
1. Violation of federal banking regulation act 1983 (C)
2. Collateral check fraud
3. Theft by deception (ACC ACT 21A) 
Which carries a maximum sentence of 3 years of prison and a fine up to $5825.35 !
YOU CAN APPLY FOR AN OUT OF COURT RESOLVE OPTION (OOCR): All you do is email us back for taking care of this matter outside the court house. 
PS. If you fail to respond within 24 hours this Legal Action will be activated. You will be Entitle for an OOCR, so please EMAIL us back ASAP. 
By requesting an offer in compromise, but if you are failed to do that then we shall start the process of pressing those charges against you. 
To resolve this issue ASAP,
Kindly emails us immediately.
Thanks&Regards,
ACS Incorporation.

My response:

I emailed back and offered to "settle this alleged debt in full" for $50.00. They immediately countered at $100.00 and asked that I send an account number for a $100 pre-paid Amazon.com gift card back to this email address. The logic was "we don't want your banking information, we understand that it might make you feel uncomfortable giving your banking information to a collection agency. Go to  https://www.amazon.com/gift-cards, (affiliate info removed) and purchase a card for $100. Then gift it to us at this email address and send us the confirmation from Amazon". What a complete scam.

The shame is that people probably fall for it.

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Thursday, November 5, 2015

FTC and Federal, State and Local Law Enforcement Partners Announce Nationwide Crackdown Against Abusive Debt Collectors

Authorities Announce 30 New Actions Targeting Illegal Practices Such as Phony Debt Collection, Threats of Arrest & Wage Garnishment
logo for Operation Collection Protection, a shieldThe Federal Trade Commission and other law enforcement authorities around the country announced the first coordinated federal-state enforcement initiative targeting deceptive and abusive debt collection practices. This nationwide crackdown encompasses 30 new law enforcement actions by federalstate, and local law enforcement authorities against collectors who use illegal tactics such as harassing phone calls and false threats of litigation, arrest, and wage garnishment. The cases announced today bring to 115 the total number of actions taken so far this year by the more than 70 law enforcement partners in the Operation Collection Protection initiative.
An infographic about Operation Collection Protection, the largest-ever collection of enforcement actions against abusive debt collectors. Click for full image.Some of these actions allege that collectors knowingly attempted to collect so-called phantom debts – phony debts that consumers do not actually owe. The illegal practices targeted by authorities also include the failure of some collectors to give consumers legally required disclosures and notices, or to follow state and local licensing requirements.
“Being in debt is stressful enough for many Americans without also being subjected to intimidation and false threats,” FTC Chairwoman Edith Ramirez said. “Debtors have certain rights and rogue collectors that step outside the law will face the consequences of illegal behavior.”
Illinois Attorney General Lisa Madigan said, “My office receives thousands of calls and complaints each year from consumers who are victims of illegal debt collection tactics. Through our partnership with the FTC and states across the country, we are putting scam operations out of business and protecting consumers from abusive practices by legitimate creditors.”
Minnesota Commerce Commissioner Mike Rothman added, “Illegal and abusive tactics by debt collectors are a nationwide problem that requires a nationwide response. By working together in this new federal-state collaboration, we are joining our forces to stop these abusive practices and protect the public.”
As part of the initiative, the FTC announced five new enforcement actions against debt collectors engaged in allegedly illegal practices. The FTC has asked federal courts to halt three abusive debt collection operations. One of the complaints has been filed under seal, and so the Commission cannot yet disclose details of that case. Two other operations have agreed to settle Commission charges:
BAM Financial: The FTC has alleged that the defendants extracted payments from consumers through intimidation, lies and other unlawful tactics. According to the FTC’s complaint, the defendants bought consumer debts and collected payment on their own behalf by threatening consumers with lawsuits, wage garnishment and arrest, and by impersonating attorneys or process servers. They also unlawfully disclosed debts to, or harassed, third parties, failed to identify themselves as debt collectors, and failed to notify consumers of their right to receive verification of the purported debts.
In one instance, the defendants falsely told a consumer’s 84 year-old mother they had a warrant for her daughter’s arrest, and later told the consumer they represented a bounty hunter and would have the sheriff serve her with process. The defendants falsely told another consumer that she would not be allowed to see her children, and that they would garnish her wages and report her to the Internal Revenue Service if she did not pay.
The Commission vote authorizing the staff to file the complaint was 4-0. The U.S. District Court for the Central District of California issued a temporary restraining order against the BAM Financial defendants on October 21, 2015, halting their operations.
Delaware Solutions: In a joint action by the FTC and the Attorney General of the State of New York, the Delaware Solutions defendants are charged with attempting to collect on debts they knew were bogus. The defendants bought payday loans supposedly owed to a company that repeatedly told them to stop collection efforts because the debts were invalid, and ignored consumers’ evidence that they had never authorized a payday loan.
According to the complaint, the defendants also failed to identify themselves to consumers as debt collectors, falsely portrayed themselves as process servers or attorneys, and falsely threatened arrest or litigation. The defendants also unlawfully disclosed consumers’ debts to third parties in an attempt to embarrass the consumers into paying them.
The Commission vote authorizing the staff to file the complaint was 4-0. The U.S. District Court for the Western District of New York issued a temporary restraining order against the Delaware Solutions defendants on October 6, 2015, halting their operations. This is the seventh case against an abusive Buffalo debt collection enterprise that the FTC has filed in the last two years, four of which were filed jointly with the New York Attorney General’s office.
K.I.P., LLC: Under a settlement with the FTC and the Illinois Attorney General, a married couple who ran a phantom debt collection scheme based in Aurora, Illinois, have agreed to a $6.4 million judgment, and a ban on working in any debt collection business.
In April 2015, the FTC and the Illinois Attorney General charged K.I.P. LLC, and Charles and Chantelle Dickey, with threatening and intimidating consumers to pay payday loan debts they either did not owe, or did not owe to the defendants. The U.S. District Court for the Northern District of Illinois, Eastern Division subsequently halted the operation and froze the defendants’ assets pending litigation.
According to the complaint, the defendants used a host of business names to target consumers who obtained or applied for payday or other short-term loans. Claiming those loans were delinquent, they threatened to garnish consumers’ wages, suspend or revoke their driver’s licenses, have them arrested or imprisoned, or sue those who did not pay. Many consumers paid, even though they may not have owed the debts, because they believed the defendants would follow through on their threats or because they simply wanted to end the harassment.
The proposed stipulated final order also prohibits the defendants from misrepresenting financial products and services, profiting from customers’ personal information, and failing to dispose of such information properly. It imposes a $6,403,781 judgment, including proceeds from the sale of a car and the turnover of any assets held by third parties.
The Commission vote approving the filing of the proposed stipulated final order was 4-0. The proposed order is subject to approval by the U.S. District Court for the Northern District of Illinois, Eastern Division.
National Check Registry: The operators of a debt collection scheme agreed to a ban on participating in any debt collection business to settle charges brought by the FTC and the New York Attorney General’s Office in June 2014 that the defendants used lies and false threats to collect millions of dollars from consumers.
The settlement order prohibits the defendants from misrepresenting material facts about any financial-related product or service, including lending, credit repair, debt relief, and mortgage assistance relief services, and profiting from customers’ personal information. One of the defendants, Joseph Bella, will pay $112,000 and surrender certain bank accounts, two cars and two boats.
The Commission vote authorizing the staff to file the proposed stipulated final order was 5-0. The U.S. District Court for the Western District of New York entered the order on October 16, 2015.
The orders involving K.I.P., LLC and National Check Registry impose millions of dollars in judgments, include strong injunctive relief and monitoring provisions, and ban the defendants from working in the debt collection industry for life. With the new settlements, the FTC has now secured final judgments in seven cases so far in 2015, placing 33 defendants under strict federal court orders, securing over $88 million in judgments, and banning 24 defendants from working in debt collection.
NOTE: The Commission files a complaint when it has “reason to believe” that the law has been or is being violated and it appears to the Commission that a proceeding is in the public interest. Stipulated orders have the force of law when approved and signed by the District Court judge.
To learn more, read Facing Debt Collection? Know Your Rights and Fake Debt Collectors.
The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them.  To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 2,000 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s website provides free information on a variety of consumer topics. Like the FTC on Facebook, follow us on Twitter, and subscribe to press releases for the latest FTC news and resources.


Next Post: Don't be Bullied By Debt Collectors!



Wednesday, September 16, 2015

Their "Debt Collection" Days Are Over!

by 

Posing as law enforcement and fake government agencies like the “Federal Crime Unit of the Department of Justice”?
Threatening to sue or arrest people — or tell their family and employers about a debt?
Reciting people’s Social Security and bank account numbers to seem legit?
Yup, this fake debt collection scheme did it all, illegally collecting more than $5.2 million in fake payday loan debts.
Today the FTC announced that under a settlement with the agency, defendant Kirit Patel and his company Broadway Global Master, which processed payments for the scheme, will be banned from the debt collection business, and money recovered will be used for refunds. Patel also has pleaded guilty to the real Department of Justice on charges of criminal mail and wire fraud.
So how can you tell if you’re being targeted by a Fake Debt Collector? A caller may be a fake debt collector if:
  • you don’t recognize the debt.
  • you can’t get a mailing address or phone number for the collector.
  • you’re asked for personal financial or sensitive information.
  • you’re threatened with arrest or told you’ll be reported to a law enforcement agency.
You have rights when it comes to debt collection. 
Tell the caller that you won’t discuss any debt until you get a written "validation notice," which has to include the amount of the debt, the name of the creditor you owe, and your rights under the federal Fair Debt Collection Practices Act.
If the debt is legitimate — but you think the collector may not be — contact your creditor about the calls. Share the information you have about the suspicious calls and find out who, if anyone, the creditor has authorized to collect the debt. If it doesn’t check out, report the call to the FTC and your state Attorney General's office.


Thursday, September 10, 2015

Portfolio Recovery and Encore Owe Massive Refunds for Violating the FDCPA

Portfolio Recovery and Encore Owe Massive Refunds for Violation of the Fair Debt Collections Practices Act - per the CFPB. I shed no tears and wish them all of the the best. Watch the video below. The story ran in tonight's news - WWBT 12 in Richmond VA.





Next Article: PRACTICE SAFE SPENDING! - Read the article: HERE. You will be amazed!




Tuesday, July 29, 2014

What To Do When You Get a 1099-C For An Old Debt

By Gerri Detweiller.

Earlier this year, questions poured in from readers grappling with how to deal with 1099-Cs they received from lenders reporting “canceled” or “forgiven” debt. I wrote a number of stories addressing the issues they raised, and vowed not to touch the topic again until next tax season.

But the questions kept coming in.
One kept nagging at me: What should you do if you get a 1099-C for a very old debt? Though I had written one story already on that subject, the fact that I couldn't provide readers with a clearer solution bothered me.
Take Dave, for example. He told us that in 1997 he was in an auto accident. He was out of work for eight months and could not pay his auto loan. The vehicle was repossessed and the $15,000 balance was charged off. The loan was with Chevy Chase Bank. In 2006 – almost 9 years later – he heard from a debt collector but he ignored it. The debt was off his credit reports by that time. Capital One had acquired Chevy Chase bank in 2008, but didn’t try to collect from him. In 2011, he received a 1099-C from Capital One reporting $9,000 in canceled debt for tax year 2010 – about 13 years after he stopped paying on the loan. Now he may have to pay an additional $2,000 in taxes for 2010 as a result.
Read the rest of this fantastic article from it's source, Credit.com: http://blog.credit.com/2012/06/what-to-do-if-you-get-a-1099-c-for-an-old-debt-2-58670/

Next Post:  35 "Other" Credit Bureaus




Wednesday, December 26, 2012

Debt Collection Complaints Rise

 WASHINGTON, Dec, 20(UPI) — The U.S. Federal Trade Commission said complaints about aggressive debt collectors had jumped 73 percent since 2008, a symptom of a sluggish economy.

“We’ve seen a high level of complaints, and I think some of it is collectors realizing in hard times they may have to press that much harder to get someone to pay,” the agency’s chief debt collection lawyer Tom Pahl said.

“And a lot of them are pressing,” he said.

The agency handled 180,928 complaints about debt collection agencies in 2011, making it the No. 1 industry it terms of complaints filed, the Los Angeles Times reported Monday.

Roughly half of the complaints concern abusive phone calls. But complaints also involve legal tactics undertaken by debt collectors.

 Many of those complains involve debt collection agencies not checking facts on cases they pursue.
“These folks are very aggressive,” said California state Sen. Jose Luis Correa, D-Santa Ana, who found his wages garnisheed over a debt of $4,329 allegedly owed to Sears.

Correa contends that the debt collection agency had targeted the wrong man. Furthermore, he says he was never served court papers concerning any lawsuit filed against him. The court, however, ruled in favor of the debt collection company out of default, which it is allowed to do if a defendant does not show up for the trial.

“I always pay my bills on time. Then to have somebody garnish my wages, I thought was pretty astounding,” said Correa, who had the garnishment stopped and also found the debt belonged to a different Luis Correa.

In another incident, Katie Brown of Piqua, Ohio, got a phone call from a man who said he was from a legal aid service she had called to get help regarding harassing phone calls.

But after freely divulging personal information, the man said, “‘Now let me tell you who I am,’” she said. He then revealed that he was the debt collector holding her debt.

She is suing the International Asset Group Inc. of Amherst, N.Y., accusing them of false representation and debt collection harassment.


CRA's take on this: GOOD! If collection agencies violate the Fair Debt Collection Practices Act, then they deserve to get sued! In my opinion, debt collectors are no different from evil telemarketers. They are all on big commission pay plans and whose only goal is to extract money from the people that they are collecting from.

They will get judgements on people without "irrefutable" proof that the debt actually belongs to them, not someone with the same name.They will put accounts in the "unpaid collections" column on peoples credit reports with absolutely no proof of the legitimacy of the debt.

CRA is a total credit improvement company - Not just a credit repair company.

If the collection account is on a credit report legitimately, then we need to deal with it. A client in our program will have access to negotiators with years of experience in settling debts. Many times a debt is settled after obtaining leverage over the collection agency by their repeated violations of the FDCPA.

We also have access to a legal team who is paid when they win a case - not by the client.

If collection agencies are calling and leaving voice mail messages, than those messages might contain FDCPA violations. Sometimes, this is all we need to burn a DVD of the offending voice mail message and sue them.

Remember, there is never a charge for a consultation with a credit expert. Call us today! 800-648-5157 


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Good Article: The Credit Score That You See is NOT the Same as Lenders See