if you want to know whos calling you....then answer the phone!

It is a scam, telemarketer, asking for a fake person. I keep getting calls from 716 206 1240 as well. I have to have the number blocked. Your answer to her was out of line.

want to know who is calling me

Love it!  Ingored their calls for the last 2 years after they reapeatedly told me they would "remove the number" from their database since they were calling for someone not at this number and I don't know.  At one point a few years ago they told me, even though I was not the person they were looking for, I could end the harassment by providing a credit card number so the debt could be paid but could not TELL me how much the debt was for or who it was from since I wasn't the person.  Seriously jerks - did they think I was gonna do that?!!!  Ha! Today I finally called back and recorded it to send in with my complaint to the NY Attorney General's office.  A-HOLES.

I've been getting calls from this do***ebag firm for YEARS.  They repeatedly tell me they are not the same company, but they are.  Doesn't matter how many times I tell them the f'ing B they are looking for has not been at this number since I got it 5 years ago nor do I know her, they just 'sell' the account to another one of their aliases and say they are a new collections agency and begin the harassment all over.  Talked to a major douche today who repeatedly told me they were NOT the same company even though I said it is exactly the same freaking message.  What an A-HOLE, haha! Did not want to give me their address and repeatedly said "I'm trying to work with you" - yeah F'er, just give me the freaking address.  Had to get his "supervisor" for that who again wasted MORE of my time and said "I'm just trying to help you if you would just hear me through and give me your information".  Uh - NO.  That hasn't worked for 5 years, d****ead, why would I be stupid enough to do it again?

BTW - Law Offices of Scott B. Wheat and Shapiro and Price are really NR GROUP, a debt collections agency and NOT a law firm.  I was told Scott B. Wheat isn't even licensed in NY, so they can't use that license.

These guys are not attorneys.  If they won't provide written documentation and will not provide a VERIFIABLE license number, then they are not attorneys.  They cannot threaten with any "prosecution" of a debt, only to take it to court.  Let them.  The NY Attorney General's office is investigating.

It seems that naming your collection agency, "The Law Office of ...," could be deceptive and could violate FDCPA in a way similar to the situation described in this court ruling.

----------------------------------------------------

Law Firm Letterhead Can Imply Threat, Magistrate Rules
Shannon P. Duffy

The Legal Intelligencer
June 18, 2010
Sometimes a letter can be deemed misleading just because it came from a lawyer.

A federal magistrate judge in the Middle District of Pennsylvania has ruled that lawyers who act as debt collectors cannot use their law firm letterhead for collection letters unless a lawyer has reviewed the file and the firm is truly poised to file a lawsuit.

U.S. Magistrate Judge Andrew J. Smyser ruled that two letters from a New York lawyer amounted to clear violations of the Fair Debt Collection Practices Act because the use of law firm letterhead gave the false impression that a lawyer was working on the case and planning to sue.

"The least sophisticated consumer would be likely to believe upon receiving a communication from an attorney for the lender that the debt collection process has entered into a phase where the lender through its attorney will begin to use procedures established by law and known to attorneys to collect the debt," Smyser wrote in his 22-page opinion in Lesher v. Law Offices of Mitchell N. Kay.

"A law firm's letter does bear an implied threat of litigation, and does connote that it is a communication from an attorney," Smyser wrote.

Smyser rejected the argument that the letter could not be deemed misleading under the FDCPA because it included a sentence that explicitly said: "At this point in time, no attorney with this firm has personally reviewed the particular circumstances of your account."

Instead, Smyser said, "in our view, that language does not mitigate the impression of potential legal action."

Smyser granted summary judgment in favor of plaintiff Darwin Lesher on two of his FDCPA claims. By statute, the remedy for such claims is a $1,000 award to the plaintiff and an award of attorney fees.

Lesher is represented by Deanna Saracco, a sole practitioner in Enola, Pa., and Laurence J. Rosen of Krevsky & Rosen in Harrisburg, Pa. In an interview, Rosen said that he and Saracco have not yet filed their fee petition.

According to the suit, Lesher took out a home equity loan from Washington Mutual and fell behind on his payments. He now disputes the debt and how it was calculated.

Washington Mutual referred Lesher's file to attorney Mitchell Kay who sent letters to Lesher on his law firm's letterhead in January and February 2009.

The suit alleged that the use of law firm letterhead to collect consumer debts -- when there has not been attorney involvement or attorney review before collection letters are sent to consumers -- is a violation of §1692e(3) and (5).

It also alleged a violation of §1692g on the grounds that Kay's collection letter created a false sense of heightened urgency and intimidation, and that there had not been a meaningful review of the plaintiff's account.

In court papers, Kay's lawyer, Joann Needleman of Maurice & Needleman in Philadelphia, argued that Lesher's lawyers were making too much of the use of law firm letterhead and ignored significant case law that instructs judges to consider the entire communication.

"Plaintiff's entire case is based on the notion that no matter how innocuous or benign the substance of the letter, an implied threat of litigation will exist because the letter came from an attorney. Plaintiff provides this court with no legal support for this proposition, and ... fails to point to anything in the substance of either of the defendant's letters which would violate Section 1692e(5) by suggesting such a threat," Needleman wrote.

Needleman urged Smyser to adopt the reasoning of the 2005 decision in Greco v. Trauner Cohen & Thomas from the 2nd U.S. Circuit Court of Appeals which held that a collection letter from a lawyer is not misleading if it contains a statement that no attorney has yet reviewed the account.

In that decision, Needleman said, the 2nd Circuit held that such language -- which was also included in Kay's letters -- was adequate to dispel a possible inference of the debtor that a particularized analysis had caused the attorney to have decided to pursue a collection process through litigation.

But Smyser found that case law from the 3rd Circuit says a debt collection letter is deceptive where it can be reasonably read to have two or more different meanings, one of which is inaccurate.

In Rosenau v. Unifund Corp., the 3rd Circuit applied the least sophisticated debtor standard in holding that a letter that closed with "Unifund Legal Department" in place of a signature could be read also falsely implying that it was from an attorney.

Refusing to apply the 2nd Circuit case, Smyser concluded that the use of law firm letterhead created a deceptive meaning.

"Although an attorney may be acting solely in the capacity of a debt collector and may not be communicating any explicit representation of a future course of action, when the attorney acting as a debt collector uses law firm letterhead the attorney acting as a debt collector plainly is communicating to the debtor in his or her capacity as an attorney," Smyser wrote.

"Therefore, since it is an attorney's communication, the implication is not avoidable that a threat of litigation is being presented to the debtor," Smyser wrote.

The least-sophisticated consumer, Smyser said, "would be likely to believe that the law firm is acting as an attorney for the lender in communicating with the consumer concerning the loan."

Such a consumer, Smyser said, "is reasonably expected to believe that a law firm is comprised of attorneys and that it does legal work."

In the context of a debt, Smyser said, the fact that a letter comes from an attorney has "a particular well-known and well-understood effect."

They did sell it to a subcompany. which I am assuming was EAM not that Wheat person. just thought you should know.

Alfalfa,
Based on this week's NY AG announcment, I must again applaud your superior knowledge and insight.  I just hope the the NY AG is aware of the connections that  "The Law Offices of Scott Wheat and the old NR Group / aka National Recovery Group have to the Nicolia operation.  These people need Jail Time and a lifetime ban from working in debt collections.

I don't even have any debt. They must call at random and hope to get someone because I've had their harrassment before. I have to block the # every time and it's VERY annoying. You'd think someone could do something about them.

Luna, I'm having the same problem you had and I'm getting calls from a lady named Ms. Brooks who called my family member to verify my cell phone number.  I'm not sure what else she told her however. But she calls continuously all day long on my cell and work phone.  Leaves me messages saying I'm playing games and she's glad that she's wasting my cell phone minutes and that I'm rude. How I'm rude I have no idea??  And that my paperwork is going in today and that I would be served here or at my house. They have never once told me what the debt is for or how much I owe.  But I did have a loan with CashnetUSA and I assume that is why they are calling me.  So I guess I should call Cashnetusa and do what you did. I really don't know if they are being serious or not???  You would think they could give you some type of information on what the debt is for but they never have. Anybody have any guideance?

Thanks!

Woman Sues Debt Collector, Wins $8.1 Million

by Rogers Cadenhead
Monday, April 05, 2010 at 09:37 AM

At courthouses across the United States, it has become increasingly common during the economic downturn for lawsuits to be filed against consumers to collect old debts. Lawyers who specialize in the practice are filing thousands of suits on behalf of large firms that have acquired debts from other companies. Although most people don't fight the suits and lose them by default, a Dallas woman bucked the trend last October.

Chrystal A. Snow challenged the validity of a $9,000 debt in a Dallas County Court-at-Law and countersued the debt collector for making improper phone calls, her attorney Ross Teter said. In a case that has received no media attention, Snow won her suit against Midland Funding LLC and the jury hearing the case awarded her $8.1 million -- $250 for actual damages, $100,000 for mental anguish and $8 million in punitive damages, he said.

"The jury made a finding she did not owe the debt," Teter said in a phone interview. "We argued that they violated the Texas Fair Debt Collection Act by making harassing phone calls and the jury agreed."

Don't get mad, when it is entirely possibly that you could make a great deal of money from abusive debt collectors.  Brush up on the law and exercise your remedies in court.  Get a lawyer who works on a contingency basis and you will certainly have the last laugh.

Regarding the Law Office of Scott Wheat, this is from various sources:

From other postings, it seems that National Recovery Group or NR Group has changed their name to "The Law Office of Scott Wheat," in what may be an attempt to trick people into believing that the people placing the calls are lawyers, which would be a serious FDCPA violation.  In various 800notes postings, people have stated than these debt collectors announce that they are calling "from the Law Office of Scott Wheat."  This may falsely implies they are lawyers or that perhaps they are working for a lawyer.  When questioned whether they were an attorney or not, they have referred to themselves as "litigators."  This may falsely implies that they are someone who practices law.

According to various sources, this company has identified or registered themselves as:

"The Law Office of Scott Wheat"
"The Law Office of Scott and Wheat"
"Advanced Data Mining Solutions"
"Southern Capital and Associates"
"NRG Billing, LLC"
"NRG & Associates"
"National Recovery Group"
"NR Group"

The listed address is the same as National Recovery Group's or NR Group's address of:

305 Cayuga Rd., Buffalo, NY 14225

The numbers that "The Law Office of Scott Wheat" are reported as using are:
866-279-6888
877-847-6680 (one of NR Group's old numbers)
716-568-7173
877-877-3074
716-568-7173
877-847-6675 (one of NR Group's old numbers)
877-847-6674 (one of NR Group's old numbers)
716-362-4898 (one of NR Group's old numbers)
877-847-6679 (one of NR Group's old numbers)
716-565-2316

If you want more postings on NR Group, AKA, National Recovery Group, look up these numbers:
877-847-6680
877-847-6681
716-362-4891
716-362-4898
716-565-2319
877-847-6675
877-847-6674
877-847-6679

It appears that NR Group or National Recovery Group may have reincorporated themselves once again.  If it's like their last three re-births, they are running from lawsuits by changing their name.

I hope to raise this issue when I next meet with the New York AG.

Here's some info gathered from the Internet and 800Notes
You should report the call that was made to you to the NY Attorney General and FCC.


From other postings, it seems that National Recovery Group or NR Group has changed their name to "The Law Office of Scott Wheat," in what may be an attempt to trick people into believing that the people placing the calls are lawyers, which would be a serious FDCPA violation.  In various 800notes postings, people have stated than these debt collectors announce that they are calling "from the Law Office of Scott Wheat."  This may falsely implies they are lawyers or that perhaps they are working for a lawyer.  When questioned whether they were an attorney or not, they have referred to themselves as "litigators."  This may falsely implies that they are someone who practices law.

According to various sources, this company has identified or registered themselves as:

"The Law Office of Scott Wheat"
"The Law Office of Scott and Wheat"
"Advanced Data Mining Solutions"
"Southern Capital and Associates"
"NRG Billing, LLC"
"NRG & Associates"
"National Recovery Group"
"NR Group"

The listed address is the same as National Recovery Group's or NR Group's address of:

305 Cayuga Rd., Buffalo, NY 14225

The numbers that "The Law Office of Scott Wheat" are reported as using are:
866-279-6888
877-847-6680 (one of NR Group's old numbers)
716-568-7173
877-877-3074
716-568-7173
877-847-6675 (one of NR Group's old numbers)
877-847-6674 (one of NR Group's old numbers)
716-362-4898 (one of NR Group's old numbers)
877-847-6679 (one of NR Group's old numbers)
716-565-2316

If you want more postings on NR Group, AKA, National Recovery Group, look up these numbers:
877-847-6680
877-847-6681
716-362-4891
716-362-4898
716-565-2319
877-847-6675
877-847-6674
877-847-6679

It appears that NR Group or National Recovery Group may have reincorporated themselves once again.  If it's like their last three re-births, they are running from lawsuits by changing their name.

I hope to raise this issue when I next meet with the New York AG.

I have received calls from a Mr. McBeth giving me all the same stuff. Needs to secure a partial payment on an old Cash Net USA debt or else litigation for fraud charges would be filed against me. Then not only would I owe the debt but all the court and attorney fees and all that that incurres. Are these guys affiliated with The Law Offices Of Scott Wheat and can file criminal charges against me or are they just very clever debt collectors that operate a new game. I am in Texas and the letter I received is in from Cheektowaga NY. Plus the letter head from Scott Wheat says that attorneys licensed in Maryland and New York.

I see that you have various issues that keep from getting an honest job.  I suggest that you take part in anger management training and talk to your personal physician about medications that will hel p contriol your hostility to people you don't know.

They call and leave message for someone who does not live here and never has.  I have called them back to tell them this four times, they still call.  Next time I will tell them to take my number off  list, or they will get a call from my lawers office.

Received several annoying calls from some high school drop out looking for some guy we don't know.  He has the audacity to call bright and early to try and recoup a few pennies on the dollar over what sounds like some type of debt.  I hate these pieces of trash get a real fu**ing job.  The US of America is becoming inundated with bottom feeders who love to inflict misery and headache upon others.. just for their pathetic slice of the pie.  Needless to say the more I tell those c*******ers the have the wrong number the more they call?  I hope you never receive one thin dime off of this person, which may be the case if you can't even find their correct number.  Since they feel so compelled to irriate and disrupt my home here's so information to disrupt their crocked money making venture.  

OLD DEBT:  
Don't acknowledge it at all.
Don't start the clock by agreeing to anything.

The records are so old 9 times out of 10 no proof you owe a thing.

Never call them back, block the number.

****HEAVEN'S SAKE:  There is nothing wrong with not answering a call from a number you DON'T RECOGNIZE***

WRITE DOWN THEIR BULL**** MESSAGE, THEN ORDER YOUR CREDIT REPORT
(SHOULD BE FREE I ASSUME SINCE THESE PIECES OF SCUM ARE OLD DEBTS COLLECTORS--SO SOMETHING ON YOUR REPORT MAY BE NEGATIVE.)

IF YOU ORDER IT THE OLD FASHIONED WAY AS FOR ALL PAGES, INCLUDING ANY DEBT THAT MAY HAVE ALREADY EXPIRED OR IS LESS THAN 50 DOLLARS.

Then check out the following link to the STATUE OF LIMITATIONS and learn all that you can beforehand.

http://www.bankrate.com/finance/credit-cards/ ... ld-debts-2.aspx

If these "people" try to contact you by mail you'll have a pretty good starting point with all of your pertinent information in hand.

Then write a letter, send it certified mail DENY THE DEBT.. Banks do it all the time in the form of GOVERNMENT BAILOUTS.. sound familiar.

Then its falls upn them to prove the debt is yours and more than likely the threatening calls or nasty voicemails will follow.  

Record everything and announce this tidbit to the idiot on the line.  He or she will not want you to point out the you of proof that you requested for them to stop calling you regardless of the situation.  Then after a respectable amount of harassing calls sue them and use that money to pay the next pieces of scum who pop up trying to recoup on some old a** debt.  :-}

Callback number for lowlife:  Huge clue debt collector w/ bogus looking # w/ crazy prefix: 877-877

Exactly same senario, that happened to me, by same mr smith

Revcd the same message from a mr. Smith he stated he was a private investigator! Falsely lying all he is , is a collector!

they are real they work for Eastern Asset Management. That is the EAM after Mr. Wagner's name on the email address. check your info

According to a letter John Nicola recently sent to Bud Hibbs - he CLAIMS he knows nothing about Eastern Asset collectors using his name in their illegal debt collection efforts.

HAs Mr. Wagoner contacted you again

I've emailed my story to Bud Hibbs email that is given on their website.  I'm guessing my next step is the NY Attorney General.  The thing is, I want to pay the CASHNET debt, but CASHNET won't take my money since they sold the debt, and because this EAM place is full of scams and phonies, there is no way they are getting my money.

I'm glad I keep checking back here to see if other people are suffering the same fate I am, and it seems they are.  Its nice to see I'm not alone.

I have been talking to mr. Wagoner for the last couple of months; actually six and there is always a threat to be sent to court. Anyway it used o be  the laws of John Nicolia and he released a statement that he is not affilated with EAM; so I guess now they had to get some other lawyer..Scott B Wheat..who was affiliate with another law firm in NY which is no longer affliated..But when I sent Mr. Wagoner an email it came back mwagoneream@gmail..so that is bogous they do  not even have there on email address come on..I requested a validation letter he sent it through e-mail no signature..So I sent a debt valditiion to the address listed on the so called valditain letter..I will keep you posted..but they are phonies

THESE LOW LIFE B*****DS SHOULD BE LOCKED THE F*** UP!!!!THEY THINK THEY ARE SOME REAL SMART A***S!THEY CALLED AND TOLD ME THAT I OWE AN OLD DEBT FROM CASHNET AND THAT THEY PURCHASED THE DEBT FROM THEM!PLEASE DON'T BE FOOLED BY THE FACT THAT THEY SEEM TO KNOW THE LAW!THEY EVEN CALLED MY JOB TO ASK IF I WAS EMPLOYED THERE!THIS WAS AN ATTEMPTED SCARE TACTIC TO MAKE ME JUST GO AHEAD AND PAY THEM!PLEASE DON'T FALL FOR THIS SCAM!!!!!

Look at the email address the eam after wagner is the company he works for which is Eastern Asset Management. As I said you guys owe a debt find out what the right amount was from cashnet then settle it with the company getting a recipet. dont  let them inflate the price on you. That way it no longer can hurt your credit and if anyone calls about it again you have serious recourse against them.

he does work for the company they sold your debt to. You do owe it and you should settle.... But get the amount you owed from cashnet as they tend to inflate the amount. Be smart and proactive.

for most people we call its not a hardship   its a way of life