716-250-4388
NY, US
Alfalfa
Alfalfa
2009-07-16 11:19:29
Debt Collector
Moreno And Woods: Scammy Debt Collectors Who Lie And Harrass

Erin was the recipient of a recent scam attempt from Moreno and Woods, a debt collection agency that?according to her account and others found online?uses abusive tactics and fraudulent claims to try to con people into paying off debts they never owed to avoid things like wage garnishments and lawsuits. Erin fought back, and shared her story with us to warn others.

I received a voicemail today (5/27/08) out of the blue from a man who identified himself as David Cooper from Moreno and Woods. He said he was calling regarding Case Docket #93659, and that I must return his call immediately or else "the matter" could result in wage garnishment, denial of credit, or closing of existing lines of credit. He gave his number as 866-928-3160, ext. 109. Since the voicemail didn't provide any information that would allow me to discount the matter out of hand, I returned my call.

Cooper retrieved my file, asked if I was Ms. [redacted] - I said I was - and asked me to confirm the last four digits of my SSN - I did not reply to that. I asked him what the call was regarding, and he said that they had a "judgement" against me from Bank of America regarding an outstanding balance of $20,000 on Visa account ending #1181 that was opened in 2001 and closed in 2004. (To the best of my knowledge this account never existed, let alone belonged to me - even supposing someone else had opened it in my name, there should have been some contact regarding it at some point, or a record of it on my credit report). I asked in what court the judgement was obtained, and he said they had the judgement "in the office." I asked again what that meant, and what court of law had entered a judgement against me. He said that technically there was not a judgement yet, but three debt collections agencies had tried to get this money and so the claim was being filed in [redacted] County (where I reside - looks like they're smart enough now to Google area codes before they get on the phone) on May 30.

I said that I had no recollection of that account, had never been contacted by a collection agency, and that I have done business with Bank of America regularly over the past several years. I asked if he thought it was odd such an issue would not have arisen in that time. He said it was odd but he wasn't making it up and if anything someone might have stolen my identity. I said that I check my credit report regularly, and said that if someone has accumulated this debt by using my information, it would be extremely odd that it had not shown up on my credit report, and that neither BofA or a debt collection agency had contacted me in the intervening six years since the account was supposedly opened, or the four years since it supposedly defaulted. He agreed and said he was just trying to figure it since "the judgement" was against me for $20,000. At that point I told him that there might be people who fall for this sort of thing but I wasn't one of them.

He again tried to say that it wasn't up to him, there wasn't anything to "fall for" because he was looking at my folder right there, and there was a judgement against me in court. I asked in what court the claim had been heard - he said again it was going to [redacted] County and would be entered there. I said I understood that, but he had already referenced a docket number (93659) and I wanted to know what court of law had provided that docket number, since a docket number would not have been generated unless a claim had already been filed against me somewhere. He said, "The docket number is here - it's number 93659." I asked again what court of law had provided that docket number. He could not answer (obviously, since it is a scare tactic and no claim has been filed against me anywhere).

Finally I said he had already told me so many falsehoods I had no reason to believe anything he had to say - he asked, "What, falsehoods?" I said, "You called my home, you left a threatening message saying that a claim had filed against me in court and that I could face financial penalties, then when I called you said a judgement had been entered against me - none of that is true!" He asked me to hold on (sounded like he was trying to get a supervisor on the line or something) and I refused, saying "And I'm going to ask here not to call here again," and then hanging up.

Immediately following this conversation, I went online and obtained my credit reports from the three credit agencies (I had not obtained them in just over a year). Everything was in order - I printed off the reports - but while I was printing the last one an inquiry showed up on it from Marshall & Ziolkowski, a well known rip-off company who are now apparently using Moreno and Woods as a front. I immediately put a fraud alert on my reports as well. Hopefully this is the end of it, but I'm prepared to take legal action if they continue to contact me or try to report this fraudulent debt to the credit agencies.

I am just disgusted. The attitude would have been bad enough even if the debt existed, and since it DOES NOT EXIST, it's even worse. And as mad as I am, I'm glad they called me instead of someone who might have believed their scare tactics and paid them - I've worked in the legal field before (specifically, I have worked with creditors on debt consolidation and relief for the disabled and injured), I know my few debts down the cent and I am current on all of them, I am not easily intimidated over the phone, I know how to check my credit report, add a fraud alert, and dispute fraudulent claims, I know my rights and I know what information a legitimate company would have to prove any real debt - how absolutely terrified would I be if I didn't know any of those things? If I thought maybe there WAS some huge bill out there that I now had to pay or face legal penalties? These people should be in prison.

http://consumerist.com/5011380/moreno-and-woo ... lie-and-harrass

Fake Debt Collectors 'Moreno And Woods' Strike Again

Another reader has contacted us to say that Moreno and Woods, the fake collection agency that likes to threaten and intimidate people into paying huge bills for collections they don't owe, "called my house last night and left a threatening message on my phone for my son." Luckily for Linda, she's got a recording of their threat now.

They left a case number to refer to when we call back. My son and his wife are separated and he and his son live with us right now. I called the number this morning to see what this was about, and they told me that he owed a bill from 2000 to JC Penny's for $2,750.00 and he could ask JC Penny's if they would take a "hardship settlement" now which would be for $1,500.00 payable in 2 payments in the form of post dated checks thru no later than 3/15/09.

He actually faxed over a so called letter with this information on it saying we had to respond no later than 2/6/09. He was very nice, the guy I talk to.

How can these people keep getting away with this kind of crap? It really upset me this morning, as my husband has cancer and I'm sitting here at work trying figure out how my son can pay this right now or we can help him... The phone message was really threatening, saying he would be served and it would be to his best interest to pay up or they would put a levy on his bank account.

[Update: I edited the email but inadvertently removed some relevant info. Linda says her son does not owe any money to JC Penney. She was unclear to me about whether or not they ever owed an amount that went to collections, but she indicated her son and his wife have paid off their debts and do not currently owe anything.]

As you probably learned from the comments in our post last May, the easiest solution is to ask for written proof of the debt, which should shut them up. But since you actually have proof of the attempt at fraud, you could also contact an attorney?you probably have what you need for an easy lawsuit. At any rate, don't erase that message?find a way to record it onto another medium and save it for posterity.

But even if you decide not to pursue a lawsuit, you should contact your Attorney General's office and file a complaint. And when they call back, insist that any further communication come through the mail and give them formal notice not to call you ever again.

Here's some good advice that reader joellevand left in the comments on the earlier post:

If someone has a judgment against you, they were required to notify you, in writing, and have you personally served (which can be registered mail in some states, btw, and in some states by sheriff) with the complaint against you. While failure to reply can lead to a default or summary judgment in your state (check statutes, court rules, etc.) you have the right to know what you are being sued for and the right to respond. Companies cannot just get a judgment against you (in most states, AFAIK) without your knowledge! Asking details such as "in what county" and "what docket number" are good, but better yet, ask

Date in which it was filed.
Method it was served upon you.
Date the judgment was entered.
Name of the judge who entered the judgment.

If they then backpedal with the "oh, we're about to file it" then you can simply reply, "Well, when I am served with the copy of the complaint, then you can discuss the case with my attorney, but I have nothing more to say until I have reviewed the court complaint with my attorney." That should shut them the hell up as well.

Oh, and if they *do* have a judgment against you and you were never notified, you can and probably should demand proof of service and a transcript of the court proceedings, as now they've added perjury to their fraud charges!

http://consumerist.com/5147419/fake-debt-coll ... ds-strike-again

Dee--

Immediately dispute this alledged debt VIA certified mail with return receipt requested. Keep copies of everything you send:

Today's Date

Your Name
Your Address

Moreno and Woods, LLC
25 Northpointe Parkway
Suite 700
Amherst, NY 14228

VIA CERTIFIED MAIL

Dear {insert name of collector or company},

I am writing in response to your (letter or phone call) dated {insert date}, (copy enclosed) because I do not believe I owe what you say I owe.

This is the first I've heard from you, or any other company on this matter therefore, in accordance with the Fair Debt Collection Practices Act, Section 809(b): Validating Debts:

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

I respectfully request that you provide me with the following information:

(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) Provide a verification or copy of any judgment (if applicable);
(4) Proof that you are licensed to collect debts in (insert name of your state).

Be advised that I am fully aware of my rights under the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. For instance, I know that:

Because I have disputed this debt in writing within 30 days of receipt of your dunning notice, you must obtain verification of the debt or a copy of the judgment against me and mail these items to me at your expense;
you cannot add interest or fees except those allowed by the original contract or state law.

You do not have to respond to this dispute but if you do, any attempt to collect this debt without validating it, violates the FDCPA.

Also be advised that I am keeping very accurate records of all correspondence from you and your company including recording all phone calls and I will not hesitate to report violations of the law to my State Attorney General, the Federal Trade Commission and the Better Business Bureau.

I have disputed this debt; therefore, until validated you know your information concerning this debt is inaccurate. Thus, if you have already reported this debt to any credit-reporting agency (CRA) or Credit Bureau (CB) then, you must immediately inform them of my dispute with this debt. Reporting information that you know to be inaccurate or failing to report information correctly violates the Fair Credit Reporting Act § 1681s-2. Should you pursue a judgment without validating this debt, I will inform the judge and request the case be dismissed based on your failure to comply with the FDCPA.

Finally, if you do not own this debt, I demand that you immediately send a copy of this dispute letter to the original creditor so they are also aware of my dispute with this debt.

Signature here
Your Printed Name

http://www.fair-debt-collection.com/Disputing ... ute-letter.html
dee
dee
2009-07-16 09:42:19
Debt Collector
Bill collector allegedging I owe money from an Credit Card which I never received.  Jason Scott told me I only had 24hours to respond or my bill would go from $2,941.32 to $9,000 with court cost.
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