voice recording at place of business in regards to a returned check but no name given of whom needing to contact
Read this about this company!
**bank. Sorry, I type recklessly when I'm pissed lol
That guy was real nice to me at first. I settled what needed to be done for my boyfriend using my account (because it was legit, I checked it out). Then he proceeds to call back 3 weeks later, telling me there are MORE fees that I'm responsible for. After I told him I refused, and I would get back to him with what I'm willing to do, the b*****d STILL took the money out of my account (WITHOUT MY PERMISSION), and as luck would have it, when I called to deal with this, he was "out that day". I was told I'd get a refund for the debit, but here it is, 4 days later & nothing. I'm going to my back & telling them these are fradulent charges. They are debiting MY account for SOMEONE ELSE'S loan, which MY name isn't a part of at all. So we'll see who's going to flash around the "bad person" badge after this one. These guys are ridiculous.
I responded to a call left on my phone and spoke to an "Arbitrator Jackson" who asked for my social security number which I refused to disclose. He proceeded to state that I had written a bad check and there was a judgement against me however, he was not able to provide me with a check number or payee although he gave me a "check amount" and that the fact that it would cost me more if he had to take me to court. I disconnected the call thinking it a scam especially, as according to him, this check was written over a year ago. Mind you no one had EVER contacted me about a bad check.
Next morning at 10 AM Mr Johnson contacted me at work and I advised him not to contact me at work anymore. Mr Johnson called me AGAIN at 10:05; 10:07 and at 10:39 from another number and started yelling at me. Each time I advised him NOT TO CONTACT ME AT WORK. At one time he told me that they were not a collection agency...as though that gave him the right to call after I advised him not to.
During my lunch hour that day, I called Mr Johnson (at the number he left 1.877.272.8192 ext 217)and reiterated the above and added he now he was not to contact me at home either. Now,he started screaming how bad a person I was and that he was going to subpoena me. When I was finally able to get a word in, I adivsed him that he needed to send me in writing all information pertaining to this check, front and back copies of document,etc. He promptly hung up on me! I called back about 5 minutes and once I identified myself, he hung up again.
Mr Johnson called me about a week after the above incidents (at work). Called him back and left message on his voicemail box that, HE WAS NOT TO CONTACT ME BY PHONE, THAT ALL INFORMATION PERTAINING TO THIS ISSUE MUST BE IN WRITING and that this was the 9th time he was told not to contact me by phone (5 times at work after, I had told him not to and 4 times when I had called and told him to)
while there are many collections departments i have delt with in the past, i must say.. the rep at the office in lockport ny mr. dale burkwinn was very kind and gave a customized solution to my credit issues.. not only on the account he was collecting but gave me great advise in how to restrusture my bad credit.. he was a gentlemen and a bright young man.. for that i thank him and the great staff at niagara acquisistions thank you again for all the help !!!
THIS LADY AT SOME LAWYERS OFFICE SAID SHE WAS AN INVESTIGATOR AND CALLED MY MOTHER STATING I HAD 24 HOURS TO CALL BACK TO SOLVE THIS PROBLEM BEFORE IT GOES TO COURT!
I need your help (being an attorney). Im in difficult situation with a collector and may cause me to lose my job.
Paid original creditor
I received a call on my home phone and cell phone today from this number. A recorded message stated that this was regarding a returned item from my bank, which may or not be intended for the person at this number. They gave me a file number and asked me to call them back. I called them and they told me it was regarding a debt I did not pay and they were getting ready to serve me with papers. This debt WAS paid by a draft directly from my checking account. I am not calling these people back. I think it is a scam.
They said that this call was about a checking account I may or may not have and that me or my attorney must call them. Supplied a number and a case number.
A message was left on my daughter's cell phone which was previously owned by someone else. Someone called, left a number, extension, and case number for the previous owner of the phone to call back. The content of the message was as follows: "This is a formal notice in accordance of state and federal law. This message is intended solely for _______. As of this point we have received an affidavit naming you as a defendant in a pending legal matter. Any or all motions will be filed on 09/11/2009. This is because we have received a return item from your checking account. You need to respond accordingly before further actions are recommended to proceed in your local judicial district. This being either municipal or circuit court. Again if we do not hear from you or representing counsel by 09/11/2009 paperwork will be filed with the county clerks office".
noone is mis understanding anything!! This company has harrassed my mother in law over and over again. My mother in law is on social security and can't work. She is raising 3 kids and has no additional income. There is a lady there calling her self investagator rodriguez who is saying that they are going to arrest her and garnish her wages. THIS CAN'T BE DONE!!!!!!!!!!!!! You guys break the FDCPA everyday, and this company will pay! You guys messed with the wrong person. I am an attorney and I am working a law suit for you guys right now!!!!!!!! You and your company should be ashamed of yourselves and after I am finished with them you will all be out of a job!!!!!!!!!!!!!!!! You think the economy is bad and you are going after people who can't pay their bills I will make sure that you will in turn be sitting at home with your phone ringing off the hook, because you can't pay your bills. Karma is a bi***..... I have won over 500 FDCPA cases and I don't plan on loosing this one!! Especially when you are messing with my family!
Joseph J. Romano
I represent the company calling you. I am writing this to give you an open mind. If your job was to call people to collect bills don't you think that it would upset a few people? The amount of people that we help, far outweigh these individuals. I get tremendous satisfaction out of helping those that want to be helped. We are not here to give you a hard time or coerce you into paying. We're here to help you. Please do not misunderstand our intentions. We are honest hard working people just like you. We will work with you and we will help get you back on track to a better more fulfilling life, debt free.
called and said i could be arrested for some returned check. used my maiden name from 34 years ago. i am glad i found this website, so i can ignore them
A Joseph Romano called and only said there was a warrant issued on a bad check. He gave me a return phone number and a case number. I checked with the banks I do business with and of course no bad check. Checking their web site it looks like McMillan and Andrews buy old debt and tries to collect. As I have no past bad debt and not sure what sort of scam this I will not delve in to this any further.
Received a call from Joseph Romano who said that he was representing
McMillan and Andrews and was looking for my son, by name. After my asking
him what it was about, he said that he wanted to advise him that the
St. Louis Circuit court has two suits against him and that he was looking
for him to serve subpoenas on him. He mentioned his car license number
and said that it was registered to my son in Naperville, IL. My son no
longer lives in Naperville.
This place mcmillan & andrews called my home phone and ask for me they told me that they had and arrest warrant for me and said I was in serious trouble they would not tell what it was about . I called them back and they said that it was about a HHBC credit card that was not even mine after they gave me the info about the credit card .. this guy that called me was named Joe and his ext. 208
IT IS ILLEGAL TO DISCUSS THAT INFORMATION. they can only contact a family member to obtain location information. they cannot say why!
How to file complaint is at the bottom
Its illegal to threaten arrest as well. Debt is a civil matter, not criminal matter.
You also cannot be arrested for debt - not showing up for court only results in a default judgement against you which means they can garnish your wages only.
Did you receive the summons? If yes, Did you not show up for court?
COLLECTION AGENCIES DO NOT WANT YOU TO KNOW THIS INFORMATION!
From FEDERAL TRADE COMMISSION WEBSITE
The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.
Debt Collection FAQs: A Guide for Consumers
If you?re behind in paying your bills, or a creditor?s records mistakenly make it appear that you are, a debt collector may be contacting you.
The Federal Trade Commission (FTC), the nation?s consumer protection agency, enforces the Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from you.
Under the FDCPA, a debt collector is someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis, and companies that buy delinquent debts and then try to collect them.
Here are some questions and answers about your rights under the Act.
What types of debts are covered?
The Act covers personal, family, and household debts, including money you owe on a personal credit card account, an auto loan, a medical bill, and your mortgage. The FDCPA doesn?t cover debts you incurred to run a business.
Can a debt collector contact me any time or any place?
No. A debt collector may not contact you at inconvenient times or places, such as before 8 in the morning or after 9 at night, unless you agree to it. And collectors may not contact you at work if they?re told (orally or in writing) that you?re not allowed to get calls there.
How can I stop a debt collector from contacting me?
If a collector contacts you about a debt, you may want to talk to them at least once to see if you can resolve the matter ? even if you don?t think you owe the debt, can?t repay it immediately, or think that the collector is contacting you by mistake. If you decide after contacting the debt collector that you don?t want the collector to contact you again, tell the collector ? in writing ? to stop contacting you. Here?s how to do that:
Make a copy of your letter. Send the original by certified mail, and pay for a ?return receipt? so you?ll be able to document what the collector received. Once the collector receives your letter, they may not contact you again, with two exceptions: a collector can contact you to tell you there will be no further contact or to let you know that they or the creditor intend to take a specific action, like filing a lawsuit. Sending such a letter to a debt collector you owe money to does not get rid of the debt, but it should stop the contact. The creditor or the debt collector still can sue you to collect the debt.
Can a debt collector contact anyone else about my debt?
If an attorney is representing you about the debt, the debt collector must contact the attorney, rather than you. If you don?t have an attorney, a collector may contact other people ? but only to find out your address, your home phone number, and where you work. Collectors usually are prohibited from contacting third parties more than once. Other than to obtain this location information about you, a debt collector generally is not permitted to discuss your debt with anyone other than you, your spouse, or your attorney.
What does the debt collector have to tell me about the debt?
Every collector must send you a written ?validation notice? telling you how much money you owe within five days after they first contact you. This notice also must include the name of the creditor to whom you owe the money, and how to proceed if you don?t think you owe the money.
Can a debt collector keep contacting me if I don?t think I owe any money?
If you send the debt collector a letter stating that you don?t owe any or all of the money, or asking for verification of the debt, that collector must stop contacting you. You have to send that letter within 30 days after you receive the validation notice. But a collector can begin contacting you again if it sends you written verification of the debt, like a copy of a bill for the amount you owe.
What practices are off limits for debt collectors?
Harassment. Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, they may not:
use threats of violence or harm;
publish a list of names of people who refuse to pay their debts (but they can give this information to the credit reporting companies);
use obscene or profane language; or
repeatedly use the phone to annoy someone.
False statements. Debt collectors may not lie when they are trying to collect a debt. For example, they may not:
falsely claim that they are attorneys or government representatives;
falsely claim that you have committed a crime;
falsely represent that they operate or work for a credit reporting company;
misrepresent the amount you owe;
indicate that papers they send you are legal forms if they aren?t; or
indicate that papers they send to you aren?t legal forms if they are.
Debt collectors also are prohibited from saying that:
you will be arrested if you don?t pay your debt;
they?ll seize, garnish, attach, or sell your property or wages unless they are permitted by law to take the action and intend to do so; or
legal action will be taken against you, if doing so would be illegal or if they don?t intend to take the action.
Debt collectors may not:
give false credit information about you to anyone, including a credit reporting company;
send you anything that looks like an official document from a court or government agency if it isn?t; or
use a false company name.
Unfair practices. Debt collectors may not engage in unfair practices when they try to collect a debt. For example, they may not:
try to collect any interest, fee, or other charge on top of the amount you owe unless the contract that created your debt ? or your state law ? allows the charge;
deposit a post-dated check early;
take or threaten to take your property unless it can be done legally; or
contact you by postcard.
Can I control which debts my payments apply to?
Yes. If a debt collector is trying to collect more than one debt from you, the collector must apply any payment you make to the debt you select. Equally important, a debt collector may not apply a payment to a debt you don?t think you owe.
Can a debt collector garnish my bank account or my wages?
If you don?t pay a debt, a creditor or its debt collector generally can sue you to collect. If they win, the court will enter a judgment against you. The judgment states the amount of money you owe, and allows the creditor or collector to get a garnishment order against you, directing a third party, like your bank, to turn over funds from your account to pay the debt.
Wage garnishment happens when your employer withholds part of your compensation to pay your debts. Your wages usually can be garnished only as the result of a court order. Don?t ignore a lawsuit summons. If you do, you lose the opportunity to fight a wage garnishment.
Can federal benefits be garnished?
Many federal benefits are exempt from garnishment, including:
Social Security Benefits
Supplemental Security Income (SSI) Benefits
Civil Service and Federal Retirement and Disability Benefits
Service Members? Pay
Military Annuities and Survivors? Benefits
Railroad Retirement Benefits
Merchant Seamen Wages
Longshoremen?s and Harbor Workers? Death and Disability Benefits
Foreign Service Retirement and Disability Benefits
Compensation for Injury, Death, or Detention of Employees of U.S. Contractors Outside the U.S.
Federal Emergency Management Agency Federal Disaster Assistance
But federal benefits may be garnished under certain circumstances, including to pay delinquent taxes, alimony, child support, or student loans.
Do I have any recourse if I think a debt collector has violated the law?
You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, the judge can require the collector to pay you for any damages you can prove you suffered because of the illegal collection practices, like lost wages and medical bills. The judge can require the debt collector to pay you up to $1,000, even if you can?t prove that you suffered actual damages. You also can be reimbursed for your attorney?s fees and court costs. A group of people also may sue a debt collector as part of a class action lawsuit and recover money for damages up to $500,000, or one percent of the collector?s net worth, whichever amount is lower. Even if a debt collector violates the FDCPA in trying to collect a debt, the debt does not go away if you owe it.
What should I do if a debt collector sues me?
If a debt collector files a lawsuit against you to collect a debt, respond to the lawsuit, either personally or through your lawyer, by the date specified in the court papers to preserve your rights.
Where do I report a debt collector for an alleged violation?
Report any problems you have with a debt collector to your state Attorney General?s office (www.naag.org) and the Federal Trade Commission (www.ftc.gov). Many states have their own debt collection laws that are different from the federal Fair Debt Collection Practices Act. Your Attorney General?s office can help you determine your rights under your state?s law.
For More Information
To learn more about debt collection and other credit-related issues, visit www.ftc.gov/credit and MyMoney.gov, the U.S. government?s portal to financial education.
This call was reputedly from a bank credit card company HSBC. They actually called my mother and told her there was a warrant out for my arrest because I failed to answer a summons and I would be arrested if I didn't return a call.