@Jenny   Beware!!! .....Extortionist  Scammers  at  it  again! .....They  are  Phishing  4  info .....Give  Them  NOTHING!!!!!!!


Have  A  Bless  Day :)

They continuously call me about a debt from a woman whose first name is my nick name, and we share the same last name. Despite the fact that our middle initials are different, and I have confirmed MULTIPLE TIMES with my last 4 ssn that this is not my debt, they continue to call despite the fact that they say they won't anymore. These people are scum.

These people keep calling me almost daily.  They are leaving information that they are not allowed to do such as identifying themselves as a debt collector to anyone who is listening to my voice machine.  This is not a confidential call when they leave open messages at my number.  As far as I know, I don't have a debt to be collected.  My credit cards are all paid in full by the due date each month.  So what am I getting collected on???  I refuse to talk with them and just keep ignoring their calls.  They'll quit eventually.

Called and said they were Capital Management, "a large corporation",  and that they had pressing business matters to discuss with me BUT could not disclose that unless I gave my mailing address and the last four of my SSN.  

What a bunch of lowlife morons.

Somebody called TEL 1800 457 8105 here at home in the past 30 minutes, his name is anthony and he is from Capital Management. Their company is  insisting that my husband owe from them more dan $8K on June 2009 and he needs to settle it as soon as possible. I just wondered how could he get a debt from their company the fact that my husband is at overseas by that time....The caller is very rude and keep on insisting that my husband has to call them to settle his debts.. I asked my husband at work if he owe something from them but he said, "NO, I don't remember having  such a big debt,maybe it's just a scam and I shouldn't have to mind over their calls next time" I searched through the internet the caller number and this is it, I read alot of comment about them....being a SCAMMER..now I know, i shouldn't have to believe for what they are saying....They are so f****ng s***....

They always call at home and since I do not answer 1-800 phone calls they call on my cell phone later. WHo are they???

They call all the time looking for Elizabeth who obviously owned the number before me; I have fun with them and tell them she is out working the streets, hooking, trying to make some money, they hang up.

It's an automated call that wants to know if I am who I am and if I listen to the message then I am who I am.  I have tried to settle with these people and everyone is right, they are very rude and nasty.  I have to ignore them because the payments I had set up they sent back to me.  They must be the biggest bottom feeders at the end of the collection chain.

Calls my cell phone leaves recorded message..

Recordeded messages made to my cell phone about collecting a debt  ..calls 3 or 4 times a day  same recorded message each time  ..

Recorded message to collect a debt called to  my cell phone about 3x's a day

Call and say I owe thousands from a company Ive never had dealings with.

Big Scam

They call everyday and leave their number, usually in the morning. My machine picks it up. They are very anoying.

called, didn't say anything, voicemail records busy office environment for a minute.

this company called again, yesterday called my daughter, they have been told to take our numbers off the list, they are trying to reach a family member we have no contact with. they are so rude. I called back asking to speak to a manager, and he also was rude.  nice company

These people keep calling my mom and are EXTREMELY rude to her. I have not lived with my mother since I was 18 so I am not sure why they are calling and I don't have a debt they would be calling about. I am not sure who the copy is but the woman's name  is Ms. Long. They just say they need to speak with me about a business matter.

If you take the call tell them to send proof in writing proving you owe the debt. Also tell them and send them a letter to stop contacting you.

Bill collectors are the people who could not get a job as the restroom cleaner at a fast food joint.

If owe debt, the FDCPA http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf Section 804 allows collectors to call debtors' places of work to locate them. 805(b) describes what a collector may not do re. 3rd-party contact. 805(c) tells you how to stop collectors from contacting you. Familiarize yourself with the FDCPA so you'll know how the collection process is supposed to go and what the collector can and cannot legally do.
If you don't owe debt, then this is a scammer. Scammers are using bought/hacked loan application data to extort payments for fictitious debts from victims and victims' families and friends.
The FBI warns about payday loan extortion scams here http://www.fbi.gov/news/pressrel/press-releases/paydayloanscam_120710
The BBB has issued several alerts on this scam, just google "bbb.org alert phony debt collector"
Report to the Internet Crime Complaint Center http://www.ic3.gov/complaint/default.aspx , the Federal Communications Commission http://esupport.fcc.gov/complaints.htm , the Federal Trade Commission https://www.ftccomplaintassistant.gov/ and your state AG, as appropriate.

Have received several calls from them on my cellphone and I do not answer 800 number calls on my cell NOW they have begun to call my work and leave messages with whomever answers. She left name yesterday of Mrs. Long and a reference number. How dare them call and jeporadize my livelihood. I just purchased a home and now they are coming out of the woodwork. I have no idea what or who this could be. Any suggestions as what to do or where to go with this. I cannot afford to lose my job.

I have been receiving calls and messages on my answering machine for almost a year from these clowns looking for the person who used to have my phone #. Over 6 months ago we told them that we have had this phone # for over 4 years now and that we had no idea who the person was, nor where they could be found, like many of you, we were treated like we had lied to them and the calls continued on a daily basis  I have filed more complaints with the Do Not Call List than I can remember which was a complete waste of time. For those of you that are having the same problem as I have been having with these idiots a friend told me about this FTC website where you can file a complaint    https://www.ftccomplaintassistant.gov/FTC_Wizard.aspx?Lang=en  I filed a complaint with them over 3 weeks ago, I received 2 more calls from Capital Management, but I am happy to tell you that it has now been over 2 weeks and I have not received another call from them!

Do you know you can sue them for harassing a non-debtor?:

Under the TCPA, a consumer has a right to file a lawsuit and recover $500 for each call that violates the TCPA. The TCPA can also be used in conjunction with the Fair Debt Collection Practices Act in some situations.  

Generally, the TCPA does not apply to debt collectors making collection calls to debtors. However, if you are subjected to calls from a debt collector and you are not the debtor, you may file a lawsuit against the debt collector under the Fair Debt Collection Practices Act (FDCPA) and the TCPA.

This right was recently recognized by Judge Legrome D. Davis in a case called Watson v. NCO Group, Inc.  NCO Group is a debt collector that uses automated prerecorded collection calls.  In this case, Mr. Watson alleged he was getting hundreds of calls from NCO Group after he got a new phone number. Mr. Watson claimed he owed no debt to NCO Group, Inc.  Mr. Watson filed suit under both the FDCPA and TCPA.

David Israel, defense lawyer for NCO, argued that the TCPA should not apply to debt collectors.  Judge Davis rejected the argument made by David Israel. The judge ruled that Mr. Watson had a right to sue NCO Group Inc under the TCPA for $500 for each call.  Judge Davis wrote;

[The] Court is convinced that a non-debtor's rights are in fact violated when he is subjected to repeated annoying and abusive debt collection calls that he remains powerless to stop.

Judge Davis' ruling was based upon his interpretation that collection calls to non-debtors violate the privacy rights provided by the TCPA.  

So what can you do if you receive "wrong number" calls from debt collectors?

1. Sign up for the Do-Not-Call registry.
2. Save the calls captured by your voice mail or answering machine.
3. Contact a consumer lawyer.

http://consumerlawyer.typepad.com/blog/2008/02/the-do-not-call.html

Collections
TCPA: What Is It & How Does It Affect You?

The Telephone Consumer Protection Act of 1991 (TCPA) does many things - including prohibiting debt collectors from calling your cell phone without your permission. Each unauthorized call could result in the debt collector paying you up to $1,500. Here's some helpful information on the Act and how it might affect you.
What is the TCPA?

The TCPA, which was signed into law in 1991 under the first Bush Administration and codified under 47 U.S.C. 227, prohibits calls using any automatic telephone dialing system or artificial or prerecorded voices to:

?Emergency telephone lines
?Telephone lines of any guest room or patient room at a hospital, health care facility, elderly home or similar establishment
?Telephone numbers assigned to paging services, cellular telephone services, specialized mobile radio services, other radio common carrier services or any service for which the called party is charged for the call
?Any telephone call to a residential telephone line
?Send unauthorized faxes
The only way that a caller won't violate the statute is if express consent has been given - and violations of the TCPA are steep. An unintentional call carries a damage amount of $500; an intentional call carries a damage amount of $1,500. That's per call and regardless of the purpose of the call. In other words, if they call you using an automated dialing system without your consent, they've violated the Act and you are entitled to damages.

How does it affect you?

Most debt collectors use automatic telephone dialing systems to contact debtors. You'll recognize this when you go to pick up the phone and there is a slight hesitation on the other end. In fact, most debt collectors are calling nearly 100 people at a time just waiting for someone to answer. Although many have stopped calling landlines, cell phones are another story. Since more and more people are using cell phones either instead of, or in addition to, traditional landlines, debt collectors are finding their cell phone numbers using skip tracers, calling them and hoping that they don't realize that the TCPA has been violated.

http://bankruptcy-law.freeadvice.com/collections/tcpa_how_it_works.html

I am tired of this company calling my home.  They are looking for previous tenants of mine.  Those tenants have been gone for three years now.  When I tell the caller they give me a hard time.  I just got into an argument and instead of apologizing for calling me, they became rude and obnoxious.  I also am on the do not call list.  What's up?

REPORT THEM TO THE NEW YORK ATTORNEY GENERAL.

Although not included in this current lawsuit - the NY AG is going after these FDCPA violators!  


NY AG Throws Out 100,000 Default Judgments Against Consumers!
« on: July 22, 2009, 10:23:57 am »ATTORNEY GENERAL CUOMO SUES TO THROW OUT OVER 100,000 FAULTY JUDGMENTS ENTERED AGAINST NEW YORK CONSUMERS IN NEXT STAGE OF DEBT COLLECTION INVESTIGATION

http://www.oag.state.ny.us/media_center/2009/july/pdfs/5015%20Suit.pdf

37 Law Firms and Collectors Named in Lawsuit for Failing to Properly Notify New Yorkers Being Sued for Owing Debt

Cuomo Seeks to Vacate Over 100,000 Faulty Judgments Statewide and Provide Restitution to Victims

New York, NY (July 22, 2009) - Attorney General Andrew M. Cuomo today announced his office has sued 35 law firms and two debt collectors in New York State in order to throw out an estimated 100,000 default judgments improperly obtained against New York consumers. This is the latest action in Cuomo?s ongoing investigation into unlawful debt collection practices.

According to the lawsuit filed yesterday in New York State Supreme Court, Erie County, the companies relied on a Long Island company, American Legal Process (ALP), to notify New York consumers that they faced debt-related lawsuits. ALP, however, failed to properly serve consumers across the state with legal papers, causing thousands to unknowingly default and have costly judgments entered against them without the chance to respond or defend themselves. In April of this year, Cuomo?s Office announced criminal and civil cases against ALP and its owner, William Singler, for this fraudulent business scheme.

Today?s lawsuit is an effort to provide relief to the thousands of consumers facing costly default judgments as a result of ALP?s unlawful practices. The suit asks the court to vacate all default judgments secured against New York consumers in cases in which the firms (1) used ALP to serve legal process in commencing a lawsuit, and (2) the firms are unable to provide the court with any evidence, other than ALP?s affidavit, that proper legal service was made.

?Our legal system is defined by due process and the guarantee that every New Yorker will get the chance to defend his or herself in court,? said Attorney General Cuomo. ?ALP?s scheme undermined the foundation of this system and denied thousands of individuals their day in court. Today?s lawsuit is a key step in our efforts to uproot unlawful debt collection practices and undo the considerable harm they inflict on New York consumers.?

ALP, as a legal process server, was hired by high-volume debt collection law firms in New York to serve legal papers, usually a summons and complaint, notifying individuals that they are being sued and must answer the complaint. ALP, however, allegedly engaged in ?sewer service,? where process servers take advantage of individuals facing lawsuits by failing to properly alert them and denying them the chance to respond. As a result, tens of thousands of judgments were obtained against unsuspecting New Yorkers, many of whom first learned they were being sued when they found their bank accounts frozen or their wages garnished. ALP covered up the fraud by falsifying sworn affidavits of service in courts across New York.

The law firms and debt collectors sued today then used these false affidavits to obtain default judgments against NY consumers. Between January 2007 and October 2008, these law firms and debt collectors filed more than 100,000 lawsuits in every county in New York State, with the vast majority of the suits being debt collection actions. In a large percentage of the cases sampled and analyzed, the defendants never answered the lawsuit and the law firms sought and obtained default judgments from the courts. In seeking the default judgments, the firms made use of ALP?s fraudulent affidavits that claimed that the individual defendants had been given proper legal notice of the suits.

To rectify ALP?s widespread fraud on New York?s courts and consumers, today?s lawsuit, filed on behalf of the Honorable Ann Pfau, Chief Administrative Judge of the New York State Unified Court System, invokes the broad remedial powers granted to New York?s administrative judges to correct improperly obtained default judgments. In addition to seeking to vacate all of the default judgments where the sole evidence that the defendant received notice of the suit is an ALP affidavit, today?s lawsuit asks the court to order the law firms and debt collectors to:

   * Inform the New York State Unified Court System of each actions in which they used ALP to serve legal process and in which a default judgment was granted;
   * Notify all the parties in those actions of the existence of this lawsuit and their right to be heard; and
   * Notify the court of amount of any default judgments taken in any of the relevant actions, as well as whether the debtor paid any amount to satisfy the default judgment.

Additionally, where a default judgment is ultimately vacated, today?s suit asks the court to direct that proper restitution be made to any debtor who made payment on an improperly obtained default judgment. The Attorney General?s Office estimates that the average default judgment totaled approximately $5, 474.

Carolyn Coffey, an attorney with MFY Legal Services, a nonprofit provider of free legal services in New York, said: ?Over and over again we see hundreds of the most vulnerable New Yorkers -- the elderly, disabled, and working poor -- blindsided by default judgments in lawsuits that they never even knew about until after the cases were over. Our justice system is built on the basic premise that everyone has a right to be heard in court before a judgment can be entered against them, and the debt collection law firms that engage in sewer service deny New Yorkers this fundamental right. MFY commends Attorney General Cuomo for taking these steps to remedy the devastating effects of sewer service, and for sending the message to debt collection law firms that they must comply with the most basic requirements of due process.?

The law firms and debt collectors named in today?s suit are: Forster & Garbus; Sharinn and Lipshie; Kirschenbaum & Phillips, P.C.; Solomon and Solomon, P.C; Goldman & Warshaw, P.C.; Eltman Eltman and Cooper; Eric M. Berman, P.C.; Stephen Einstein & Associates, P.C.; Fabiano and Associates; Jones Jones Larkin O?Connell; Panteris & Panteris, LLP; Zwicker and Associates; Relin, Goldstein & Crane; Woods Oviatt Gilman; Leschack & Grodesnky; Hayt Hayt & Landau; Pressler & Pressler; Jaffe & Asher; Mullen & Iannarone; Arnold A. Arpino & Associates; Houslanger & Associates; Mann Bracken, LLC; Smith Carroad Levy & Finkel; McNamee, Lochner Titus & Williams; Thomas Law Office; Fleck, Fleck & Fleck; Eric Ostrager; Cohen & Slamowitz, LLP; Cullen and Dykman LLP; Winston & Winston, P.C.; Cooper Erving & Savage, LLP; Robert P. Rothman, P.C; Gerald D. DeSantis; Greater Niagara Holdings, LLC; Rodney A. Giove; Advanced Litigation Services, LLC; and Jason L. Cafarella.

Attorney General Cuomo also announced that as part of his ongoing investigation into fraudulent process servers and debt collectors, his Office is determining which other law firms statewide relied on ALP to serve legal process on New Yorkers facing lawsuits. More than 20 such firms have been identified to date and his Office is notifying those firms of its intent to seek to vacate any default judgments those firms have obtained based on ALP affidavits of service.

This civil lawsuit and investigation is being handled by Assistant Attorney General James Morrissey and Assistant Attorney General Nathan Reilly, in conjunction with Dennis Donnelly, George Danyluk, Aric Andrejko and Dan Johnson of the Internal Audit Unit of the New York State Unified Court System.

A man with a french accent keeps calling my house every day and does not leave a message. He just says "I need to speak to AJ!" and when I try to call him back, no answer. I'm just tired of Frenchie!

once per week for a relative who does not live here. tonite  8pm a smart a** jeremy holland called , argued , insulted me, accused me of lying  etc. this is the SOUTH, and I do not allow such from yankees or brooklyn indians period. they have been told not to call here and continue. i guess i need to make a trip to buffalo .

I get calls like this all the time.  Pick up the phone, call them back and they will verify the last 4 of your ssn.  More than likely they have the wrong person and will remove you from their listing.  Just happened to me today.

Capital Management left a message on my phone twice that a Brett Smith needs to call them.  I do not know anyone named Brett Smith and called and told them that he had obviously lied to them and intentionally given out a fake number which happened to be mine. I also told them to get my phone number off his case file and stop calling me.

HSBC does NOT belong to Capital Management. They are a junk debt buyer who more than likely bought off a charged-off debt of HSBC'S and are now trying to extort you in paying a bogus claim which you do not owe.

Here's what you do:

Send them packing with this letter and demand VALIDATION of the debt they are harassing you about. Send it VIA Certified Mail and request a return receipt:

Today's Date

Your Name
Your Address

Collector's Name
Collector's Address

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

Capital Management Services
726 Exchange St #700
Buffalo, New York 14210
Also in Greenville, SC
Phone: (716) 871-9050
Fax: (716) 566-2107
Web Address: www.cms-collect.com

Head Debt Collectors:
Jeffrey A. Hauser, CEO
Larry Costa, President
Karen Kraska, Secretary-Treasurer
Timothy Kraska, (very) Silent Partner
Patricia M. Cipriani, House Lawyer
(Drug Testing by: Quest Diagnostics)

Other Offices:
2213 Niagara Street
Buffalo, NY 14207
Bud Says...

With about 1,000 employees and a new facility, Capital Management Services is on the fast track as another Buffalo, NY debt collector. Typical of the type of collection industry and bottom feeder organizations flourishing in and around Buffalo, CMS has an endless pool of potential employees to fill the chairs that feed their operations.

The newspaper stories extol the optimistic attitudes of owners, Jeffry Hauser and Larry Costa along with Patricia and Timothy Kraska of an ever growing business that needs only their talent and expertise to survive.

Emails and other information from current and former employees suggest that Capital Management Services is suffering from the same fate that most other Buffalo, NY debt collection organizations face which is an unhappy work force, far reaching drug use from every area and untrained, unprofessional management and work staff squeezing every minute they can out of their unprofessional collectors.

So why we are NOT surprised?

CMS, like many other debt collectors is suffering from too much growth too fast. The number of debt collectors in America is at an all time high, at more than 162, 000 which has created a shortage of accounts to collect and a potential drought in areas like Buffalo, the debt collection capital of the world.

So if we use terms such as... ?Buffalo style collection practices? to describe the actions of CMS employees and are told that drug use and criminal activity is on the increase, why should we even blink, isn?t that what the business in that area is expected to do?
If CMS has anything good going for them, it is the fact that they have an experienced and respected attorney in Patricia Cipriani. Her background and reputation may be saving Hauser a bundle in legal settlements. Don?t count on luck forever Jeffrey, your house is reported to be a mess and it needs a thorough cleaning. BIG changes coming soon for your industry, will you be ready to deal with it?

I would suggest that your first order of business is to dedicate a full time office to Quest Diagnostics and YOU be the first tested. We will be happy to publish the results if you wouldn?t mind sharing them with those you deal with.

Anyone dealing with Capital Management Services, Buffalo, NY be warned they are a BUFFALO, NY DEBT COLLECTOR, so take precautions, NEVER give a CMS collector your banking or credit card information, tape ALL of their conversations and contact me for referral to attorneys in dealing with them. As long as they are making money, they will continue to pay off their law suits.

http://www.budhibbs.com/debtcollectorpages/capital_management_services.htm

If they cannot prove you own the debt, they get NOTHING.

They just started calling and said i owe thousands of dollars that needs to be taken care of immediately. Said its part of HSBC.
I dont have any HSBC accounts.

womans name was Dethenia

This outfit continues to call my cell daily and states they have a business issue for me to resolve.  I have no clue as to who this company is or why they would be calling me.