Got a message from them to call or for my attorney to call.

PER FDCPA:

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;

they are located in NY ? use this SPECIAL Link  www.NYDebtHelp.com

This special website was created by NY AG Andrew Cuomo specifically for reporting illegal debt collection practices.  HE?S CRACKING DOWN AND SHUTTING THEM DOWN!




SC Associates
Dba/ Southern Capital Associates, Inc.
Aka/Lockport Collections
(Bottom feeders)

6929 Williams Road, #127
Niagara Falls, NY 14304
Phone: 800-440-2296 716-297-3922 800-440-2295
Fax: 716-297-6668

Web Address: www.scapinc.com

Head Debt Collectors:      

Brian Peunic, 41, President

Michael Cepeda, Office Manager

Bud Says?

Another WNY bottom feeder that pays his collectors $10/hr. to call and threaten legal actions on purchased debts with attempts at extorting funds. A debt collector who identified himself as ?Mark Zito at ext.#111? had the paperwork ready to be sent via Fed-X directly to a Texas courthouse, where he wanted us to believe that court actions were imminent. Mark?s attempt at extortion were defused when told he was a liar, then a check revealed that owner Brian Peunic has not yet filed his Surety Bond in Texas, which makes him illegal to collect from Texas residents.

Extortionist Zito bragged that SC Associates (Southern Capital Associates, SCA) purchased some of their debts from Platinum Investments, which means that they are worse accounts than previously thought. A check of court documents lends credence as four suits have been filed recently against Southern Capital Associates in federal court alleging threats of immediate legal action if payments were not sent to them. (Pacer) Peunic settled them and must expect a lot more as it appears the money he has already spent on legal fees has not taught him how to collect debt legally. Again, the good news is that he IS paying, so legal actions against his organization could prove fruitful for those who have a valid claim. Check your state records to see if they are licensed or bonded for a potential claim against them. Contact me for referral to a local consumer law professional.

From a recent interview published in the Lockport, NY Union Sun & Journal: (Published April 01, 2007)

?Peunic, a Lewiston (NY) native, returned to Niagara County a few years ago to care for aging family. He?d been in good-paying jobs around the country, with thriving companies including Ticketmaster, tickets.com and Key3 Media, and found he just wasn?t going to get the same opportunities in the Buffalo area. He ended up making his own by starting Southern Capital Associates, a full-service collection agency that buys up debt and pursues payments owed to small businesspeople ? physicians, opticians, dentists, plumbers and others who don?t have the time or disposition to go after the money themselves.

?We recover what they can?t recover,? Peunic said.?

Yes, Brian that?s because physicians, dentists, and, plumbers don?t threaten people to get paid, because they don?t want to get sued like you are being sued for the way you collect on these debts that you bought.

Apparently debt collector Brian Peunic has been too busy to read the law because threatening consumers with legal actions and collecting where you have no license and/or bond is illegal and the extortion threats we heard from collector ?Mark Ziti at ext. 111? may get you sued by consumer law professionals.

Unfortunately Peunic?s methods are typical in what has become known as ?Buffalo Style? debt collections, where collectors use harassment, intimidation and threats to scare consumers into paying, typical of most collection organizations in and around the Buffalo, NY area. These type debt collectors pay very little for old, mostly worthless accounts, much of it out of statute, void of all validation. If you find them on your credit files, you may have additional claims against SCA under a federal law called the Fair Debt Collection Practices Act (FDCPA).

The good news is, that according to the Lockport Union Sun & Journal, SCA appears to be flush with cash from a recent expansion so consumer attorneys filing claims against this organization may find them worthwhile to pursue.

Consumers are warned that this organization has proven to be a typical bottom feeder, scammer, who resorts to lies, threats, intimidation in their attempts to collect monies they may not legally be owed or legally able to collect or report on credit files.

Our advice to anyone contacted by this organization is to stay far away from them. They are NOT licensed or bonded, have NOT responded to debt validation notices and the actions of their $10/hr. debt collectors is proof that they are NOT to be trusted or dealt with. They are members of the American Collectors Association, which means they do have insurance. With the shortage of accounts available to collect, their rude attitude and obvious unprofessional and under-trained collectors working at SCA, I doubt they will be around in a year, so save your money as you will get nothing in return for sending it to SCA.

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


Debt Collectors DO NOT WANT YOU TO KNOW THIS INFORMATION!    

The INFORMED CONSUMER IS THE DEBT COLLECTORS WORST ENEMY!

Dealing with Debt Collectors
http://www.budhibbs.com/start.html


Statute of Limitations by State ? always double check YOUR OWN STATE Government Website
http://www.budhibbs.com/statute_of_limitations.htm


Recording calls from Debt Collectors - always double check YOUR OWN STATE Government Website
http://www.budhibbs.com/record.htm


From Federal Trade Commission Website ? FAIR DEBT COLLECTION PRACTICES ACT
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
    Veterans? Benefits
    Civil Service and Federal Retirement and Disability Benefits
    Service Members? Pay
    Military Annuities and Survivors? Benefits
    Student Assistance
    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.
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
February 2009

File complaints with

Federal Trade Commission  https://www.ftccomplaintassistant.gov/FTC_Wizard.aspx?Lang=en

Your State Attorney General
State Attorney General is every state they have offices

Link to all State Attorney General Websites www.naag.org

If you or they are located in NY ? use this SPECIAL Link  www.NYDebtHelp.com
This special website was created by NY AG Andrew Cuomo specifically for reporting illegal debt collection practices.  HE?S CRACKING DOWN AND SHUTTING THEM DOWN!

Also report your calls and contacts with debt collectors at http://www.budhibbs.com/index.html  If the company is listed under agencies ? report there. If not on the list YET, click on Watchlist! and add to the list.   You can also post here http://www.collectorsexposed.com/forum2/index.php?board=2.0

Calling stating they are an attorney office never stating they're calling to collect a debt.

we are getting calls from sc associates from a Brian that says my husband has a claim that he needs to take care of.  They have been calling since January of 2009 and this last call on April 6th wants us to call them back and make arrangements to pay.  First of all I checked both my husband and mine credit reports and they say we have no negatives, wepay on time and are in good standing.  I knew we did not owe anyone but thought I better check our credit report to make sure there was nothing on there by mistake.  I been thinking about calling them to say my credit reports does not show any unpaid accounts so they must have the wrong person.  Should I or let them just keep on calling?

Send them this letter demanding validation of the alledged 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

I do ignore them. Now they are saying that my attorney needs to contact them,that I have made a payment to them  and I need to make another one. I have NEVER made a payment to them. They are trying any tactic to get me to contact them and send me money. I just let my answering machine get it .. they do call 10x's a day!

Southern Capital Associates, Inc.  Collection agency.  They call every day -just ignore!

Called asking for someone who used to live in my apartment and stated that my cell number was associated with him.  I informed them that he did not live there and that I didn't know who he was and that my phone number shouldn't be associated with him.  I asked what it was about and she told me it was "a legal matter."  She said, alright, you won't receive any further calls from our firm.

They wanted 20% down also and I just can't do it. THey tell you that they will talk to the original creditor. I called the original creditor to see if I could work out a payment with them. I also mentioned that the person that they sold this credit to was harassing me and they said that they were sorry that they get this complaint alot.
When I asked about maybe settleing this through them,the lady was nice and said that once a debt is sold to a creditor they have no rights in this. So with this being said ... this company uses that line "We will then contact the original creditor to see if they want to take this to court" that is BS. They can't contact them,that is a lie! I am in the process of writing them and telling them please do not contact me by phone,if they need to contact me,do this by mail. I did talk to an attorney about this .. he said that the amount that I owe would be insane for them to even bother to take me to court. I also wanted to add that if you send them a letter,please make sure that you have it through the USPS and have it where they have to sign to get it. That way they can't say that they didn't get it. Keep a copy of it. If they contact you through phone again,you in return can sue them for harassment. Well hope this helps anyone and remember they are money hungry pigs who don't care about your statusor situation. I had great credit until a minor incident set me back with 3 things on my credit.

SC and Assocviates called me about 6 months ago and they stated that my file was given to them by a previous creditor I had and they told me that if i did not pay on this account at least 20% that I would be taken to court, I told them that i could not do this and they kept calling me so I tried sending them $50.00 and I did one month, well the next month I wasn't able to I did not set one up, but they took $50.00 out of my account anyway, which i in turn disputed.  They then threatned me that they would let the compnay now this was direct refusal and that i would be contacted by them when they were taking me to court, well another month has passed and now they are calling me back again, which I have asked them several times to not call me at work but they continually do this and today i called and stated that there was to be no further commuinication to me except through mail and they were not to take anything out of my acount this month.

Help me on this please.

Go to Bud Hibbs' website: http://www.budhibbs.com/index.html and send him an e-mail: cap@budhibbs.com.

He can put you in touch with a consumer attorney, to assist you in dealing with these bottom feeder.

They have been calling me atleast 10x's a day. I wanted to set up a payment plan but they said that they couldn't because I needed to send 20% of what I owe first .. then they will set up a payment plan. I think that that is silly. I have never heard of such a thing. I have $50.00 to send and they said that they wouldn't accept it .. that they will seek further action. I called the place that I owed .. since they always say that they will have to alk to the original creditor about taking to court. They told me that once SC&A buy their accounts out .. they can't tell them to take me to court. Todays message said to have my representing attorney contact them. What the heck is going on? I want to clear this up but I don't have 20% to put down. I will NOT give my credit card number or pay by check! I am sure those vultures would have fun!
Sheil

Mrs. McReedy Said calling about an affidavit of fraud in her office and I need to call or have my legal representative call. The matter is time sensitive and gave a "jurisdictional number" that I need to give when I call.

This company has repeatedly called me regarding a debt that my daughter may or may not owe. They have been told again and again that she does not live here and we have no other information for them. They have been loud, abusive and profane in several of their calls. I've dealt with people like them before and have been keeping very detailed records regarding what was said, times and dates that they have called and what FDCPA laws they broke each time. I'll see them in court.

My advice is to follow my lead if you are also getting harassed by these botom feeders ESPECIALLY if they are harassing you for SOMEONE ELSES DEBT!

Contact your State Attorney General, the FTC, the BBB, and Consumer Affairs.  If you don't complain NOW they will continue to terrorize innocent people.  Action can't be taken by the state and federal agencies unless they receive numerous complaints to show there is a pattern of abuse and it's not just an isolated incident.

They have called me about 50 times in the last week, stating they are dealing with a civil matter  of mine, which i have no idea of, and they keep threating that i need to call them back and make a statement because they are going to take civil action. They have been saying the same stuff for over 3 months now.   They appear to just be a collection agency making idle but harrassing threats.

I received a call from a "Mr. Cheney" from SC& Associates, stating that my paperwork has been sent and it appears to have been sent from "the attorney's" office (whatever attorney that is) for direct processing.  He then states for me to call him back if I have any questions at extension 370. Then he proceeds to tell me that I have been notified. I think this is the second call that I have received from them, the first one didn't make much sense and this one I had to put the words in the right order for it to make sense.  I believe this is southern captital but not sure because they only identified themselves as SC& Associates.

Customer Experience
Back To Top

Based on BBB files, this company has a satisfactory record with the BBB.

To have a "Satisfactory Record" with the BBB, a company must be in business for at least 12 months, properly and promptly address matters referred to it by the BBB, and be free from an unusual volume or pattern of complaints and law enforcement action involving its marketplace conduct. In addition, the BBB must have a clear understanding of the company's business and no concerns about its industry.
Business Contact and Profile
Back To Top
Name:
    
Southern Capital Associates
Phone:
    
(716) 558-7200
Address:
    
375 North French Rd Suite 107, Amherst, NY 14228
     Google map  Mapquest map  Yahoo map
Business Category:
    
Collection Agencies
Web Address:
    
www.scapinc.com
BBB file opened:
    
February 12, 2007
Business started:
    
April 2005
Business started locally:
    
April 2005
Primary Contact:
    
Mr. Simon Giancola
Complaint Contact:
    
Mr. Simon Giancola
Additional Locations and Phone Numbers
Back To Top

6929 Williams Road, Suite 127, Niagara Falls, NY 14304
     Google map    Mapquest map    Yahoo map

(800) 440-2295
(866) 827-1142 (FAX)
(716) 689-7052 (FAX)
Licensing
Back To Top

The license number is 541465.
Customer Complaint History
Back To Top

The company's size, volume of business and number of transactions may have a bearing on the number of complaints received by the BBB. The complaints filed against a company may not be as important as the type of complaints, and how the company has handled them. The BBB generally does not pass judgment on the validity of complaints filed.

Number of complaints processed by the BBB
   since the firm's BBB file was opened in February 2007: 16
   in the last 12 months: 15

Complaints Concerned:
   Service Issues  (3 complaints)
        3    Resolved
   Credit or Billing Disputes  (11 complaints)
        6    Resolved
        5    Delayed Resolution
   Refund Practices  (1 complaints)
        1    Resolved
   Contract Disputes  (1 complaints)
        1    Delayed Resolution
BBB Program
Back To Top

This company participates in BBB Online. This means the company has agreed to use special procedures including arbitration, if necessary, to resolve disputes.
Products and Services
Back To Top

This business is a collection agency.
Alternate Business Names
Back To Top

SC & Associates
Triton Capital
Government Actions
Back To Top

The BBB has no information regarding Government Actions at this time.
Advertising Review
Back To Top

The BBB has no information regarding Ad Reviews at this time.
Industry Tips
Back To Top

s may not use false statements when collecting a debt. For example, they cannot:
* falsely imply they are attorneys or government representatives;
falsely imply you have committed a crime;
* falsely represent that they operate or work for a credit bureau;
* misrepresent the amount of your debt;
* misrepresent the involvement of an attorney in collecting a debt;
* indicate that papers being sent to you are not legal forms when they are;
* give false credit information about you to anyone;
* send you anything that looks like an official document from a court or government agency when it is not; * use a false name.

Law Violations
If you believe a debt collector has violated the law, you may sue in state or federal court within one year from the date of the possible violation. If you win, you may recover money for damages you suffered, including court costs and attorney's fees. You should also report problems with debt collectors to the Attorney General's office and the Federal Trade Commission.

For more information, contact:

Better Business Bureau Serving Upstate NY
(800) 828-5000
www.bbb.org

New York State Attorney General
(800) 771-7755
www.oag.state.ny.us

New York State Consumer Protection Board
(800) 697-1220
www.consumer.state.ny.us

New York State Banking Department
(877) 226-5697
www.banking.state.ny.us

Federal Trade Commission (FTC)
(877) 382-4357
www.ftc.gov

This report is general in nature and is not intended as a reliability report on any company, service or product.

L05Debt Collection

The following is BBB general information and is not intended as a report on any specific company.

If you experience problems with a collection agency, it's important to know your rights. There are two types of debt collectors: creditors, to whom you owe money directly, and third party collectors, which collect on behalf of companies. Under the Fair Debt Collection Practices Act, creditors and third party collectors may NOT:
* use false, deceptive, or misleading representations or means;
* harass, oppress, or abuse any person while seeking payment;
* use any false statements or engage in unfair practices.

The Better Business Bureau and the Federal Trade Commission offer the following information on fair collection practices.

Contact

Debt collectors may not contact you before 8 a.m. or after 9 p.m., unless you agree to alternative times. They may contact you in person, by mail, telephone, telegram, or fax; however, they may NOT contact you by postcard. Collectors also may not contact you at work if they know your employer disapproves. You may stop a collector from contacting you by writing a letter to the agency telling them to stop. Once the agency receives your letter, it may not contact you again except to say there will be no further contact, or to notify you if they intend to take a specific action.

If you have an attorney, debt collectors may not contact anyone other than your attorney once you've provided the attorney's information. If you do not have an attorney, collectors may contact other people, but only to find out where you live and work. In most case, collectors may not contact such permissible parties more than once and cannot reveal to anyone other than you or your attorney that you owe money.

Within five days after you are first contacted, collectors must send a written notice telling you the amount of money you owe, the name of the creditor to whom you owe the money, and what action to take if you believe you do not owe the money. If you believe the company contacted you in error, you must write to them within 30 days after the initial contact; upon receipt of your letter, the company must cease collection activities. However, if the company can provide proof of the debt such as a copy of a bill for the amount owed, the company may renew collection proceedings.

Prohibited Practices

Debt collectors may not engage in unfair practices while attempting to collect a debt. For example, they may not:
* use threats of violence or harm against the person, property, or reputation;
* publish a list of consumers who refuse to pay their debts (except to a credit bureau);
* use obscene or profane language;
* use phone calls to repeatedly harass you;
* fail to identify themselves on the telephone;
* advertise your debt;
* threaten arrest if you do not pay your debt;
* say they will seize, garnish, attach, or sell your property or wages, unless the collection agency or creditor intends to do so, and it is legal to do so;
* indicate that actions such as a lawsuit will be taken against you, which legally may not be taken, or which they do not intend to take;
* collect any amount greater than your debt, unless allowed by law;
* deposit a post-dated check prematurely.

Debt collector

As a matter of policy, the BBB does not endorse any product, service or business.

BBB Reliability Reports are provided solely to assist you in exercising your own best judgment. Information in this BBB Reliability Report is believed reliable, but not guaranteed as to accuracy.

BBB Reliability Reports generally cover a three-year reporting period. BBB Reliability Reports are subject to change at any time.

If you choose to do business with this business, please let the business know that you contacted the BBB for a BBB Reliability Report.

ID: 174100619
Report as of: 10/9/2008 7:36 PM

© 2008  Better Business Bureau, Inc.

I received a call from this number, with referance to a case. A third party listed me as a rlative! I had never heard of this person and the caller couldn't tell me if the person they were investigating was African or Cau.to givew me a clue if someone was using my idenity. I replied to the agent, that i am not related to such a person. The caller couldn't give me an address or anything, only the city near where I live.  
I called the number that appeared on my id. The firm is a collection agency. They stated they would take my number out of their system.

See this thread on another website.  Very interesting, that it appears they are not good people to deal with.

http://800notes.com/Phone.aspx/1-716-558-7200

received call from this number on a company cell phone

Kathy (a southern Capital representative0 called my mothers house while i was on deployment with the US ARMY. She threatened my mom by stating she would have to contact my commander if my mom did not make a payment immediately, and set up a monthly arrangement with her. My mom (elderly woman on a fixed income) became worried that SCA had the ability to contact my commander and get me in trouble with the military, or kicked out, understandably sent a check to SCA, not once but twice. Kathy was calling my moms house every 2 days attempting to extort more money from my mom (who by the way is not on legally responsible for my debt as a co-borrower). I have recently filed in Western NY district court for 6 violations of the FDCA. My lawyer is hoping for a 6 figure judgement ~ as my mom is a co-plaintiff. I filed ABUSE, Disclosing my information to 3rd party, Extorting my mom to pay, harrassment by phone and a few others i can not think of off the top of my head. As the comments above state, SCA is flush with cash and have been paying out their lost legal actions. It is actually easier than I thought it would be to bring legal actions against them

an attorney can't order you to do anything it's just a collection agency

SC Associates
Dba/ Southern Capital Associates, Inc.
Aka/Lockport Collections
(Bottom feeders)

6929 Williams Road, #127
Niagara Falls, NY 14304
Phone: 800-440-2296 716-297-3922 800-440-2295
Fax: 716-297-6668
 
Web Address: www.scapinc.com

Head Debt Collectors:      

Brian Peunic, 41, President

Michael Cepeda, Office Manager

Bud Says?

Another WNY bottom feeder that pays his collectors $10/hr. to call and threaten legal actions on purchased debts with attempts at extorting funds. A debt collector who identified himself as ?Mark Zito at ext.#111? had the paperwork ready to be sent via Fed-X directly to a Texas courthouse, where he wanted us to believe that court actions were imminent. Mark?s attempt at extortion were defused when told he was a liar, then a check revealed that owner Brian Peunic has not yet filed his Surety Bond in Texas, which makes him illegal to collect from Texas residents.

Extortionist Zito bragged that SC Associates (Southern Capital Associates, SCA) purchased some of their debts from Platinum Investments, which means that they are worse accounts than previously thought. A check of court documents lends credence as four suits have been filed recently against Southern Capital Associates in federal court alleging threats of immediate legal action if payments were not sent to them. (Pacer) Peunic settled them and must expect a lot more as it appears the money he has already spent on legal fees has not taught him how to collect debt legally. Again, the good news is that he IS paying, so legal actions against his organization could prove fruitful for those who have a valid claim. Check your state records to see if they are licensed or bonded for a potential claim against them. Contact me for referral to a local consumer law professional.

From a recent interview published in the Lockport, NY Union Sun & Journal: (Published April 01, 2007)

?Peunic, a Lewiston (NY) native, returned to Niagara County a few years ago to care for aging family. He?d been in good-paying jobs around the country, with thriving companies including Ticketmaster, tickets.com and Key3 Media, and found he just wasn?t going to get the same opportunities in the Buffalo area. He ended up making his own by starting Southern Capital Associates, a full-service collection agency that buys up debt and pursues payments owed to small businesspeople ? physicians, opticians, dentists, plumbers and others who don?t have the time or disposition to go after the money themselves.

?We recover what they can?t recover,? Peunic said.?

Yes, Brian that?s because physicians, dentists, and, plumbers don?t threaten people to get paid, because they don?t want to get sued like you are being sued for the way you collect on these debts that you bought.

Apparently debt collector Brian Peunic has been too busy to read the law because threatening consumers with legal actions and collecting where you have no license and/or bond is illegal and the extortion threats we heard from collector ?Mark Ziti at ext. 111? may get you sued by consumer law professionals. Unfortunately Peunic?s methods are typical in what has become known as ?Buffalo Style? debt collections, where collectors use harassment, intimidation and threats to scare consumers into paying, typical of most collection organizations in and around the Buffalo, NY area. These type debt collectors pay very little for old, mostly worthless accounts, much of it out of statute, void of all validation. If you find them on your credit files, you may have additional claims against SCA under a federal law called the Fair Debt Collection Practices Act (FDCPA).

The good news is, that according to the Lockport Union Sun & Journal, SCA appears to be flush with cash from a recent expansion so consumer attorneys filing claims against this organization may find them worthwhile to pursue.

Consumers are warned that this organization has proven to be a typical bottom feeder, scammer, who resorts to lies, threats, intimidation in their attempts to collect monies they may not legally be owed or legally able to collect or report on credit files.

Our advice to anyone contacted by this organization is to stay far away from them. They are NOT licensed or bonded, have NOT responded to debt validation notices and the actions of their $10/hr. debt collectors is proof that they are NOT to be trusted or dealt with. They are members of the American Collectors Association, which means they do have insurance. With the shortage of accounts available to collect, their rude attitude and obvious unprofessional and under-trained collectors working at SCA, I doubt they will be around in a year, so save your money as you will get nothing in return for sending it to SCA.

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

Calling about alleged amount owed.

They called and left a message on the answering machine stating that we were listed as a reference for someone we have never heard of and this company wanted a call back referencing a case number. The people we were suppose to be a reference for was no one we know or had even heard of. We put them on our blocked callers list.

Received a message stating someone (who does not live here) or their attorney needed to call back a Mr. Smith immediately due to some "correspondence received at their office."  We called back and they sound like they're a collection agency.

Said I was to call them by order of an Attorney

Southern Capital Associates