• Report: #317823

Complaint Review: CACH, LLC - P. Scott Lowery & Associates - Collect America

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  • Submitted: Fri, March 14, 2008
  • Updated: Sat, August 09, 2008

  • Reported By:Forest Hill Maryland
CACH, LLC - P. Scott Lowery & Associates - Collect America
www.collectamerica.com Denver, Colorado U.S.A.

CACH, LLC - P. Scott Lowery & Associates - Collect America Nothing seems to work to stop these people!! Denver Colorado

*Consumer Suggestion: Time?

*Consumer Suggestion: File with the State Office

*Consumer Comment: cach llc

*Consumer Comment: Verbal cease communications?

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Here is a Collect America/CACH, LLC/P. Scott Lowery nightmare for you to read. I would appreciate any help that is possible because I am stuck and out of ideas of what to do now!!

My wife received calls from P. Scott Lowery in reference to a MBNA account that was sold as a charge off bad debt. The person on the other line stated that she must pay this account in full right now, which was roughly $700 more then what the balance actually was. My wife became scared not knowing what to do and handed me the phone.

I began talking to the person and informed him that we never even received a letter stating that they had control of a debt that was with MBNA. The man became irrate and stated that he was going to issue the paperwork to have a judgment placed against my wife if we didn't pay the bill!! That irrated me due to the fact that I have worked in collections for 8 years at the time. I informed the paralleagl (YEAH RIGHT) that until I receive a letter I will not speak with them and disconnected the call.

Minutes later the same person called us back stating that disconnecting the call was not going to stop the collection activities. I informed the collector to put a supervisor on the phone immediately and he disconnected the call. I called back and finally got a supervisor, I explained what happened and the violations that have accured and the supervisor appologized and said that he would get the letter out to us. I informed the supervisor that I did not want anymore phone calls until I receive that letter(Verbal cease/desist is valid by FTC & FDCPA for 7 days with written letter received within that time frame). He said that is no problem and we disconnected the call.

I immeidately typed a validation letter (statements, application, license agreement to collect in my state, definition of charges, breakdown of charges, purchase amount, and recorded conversation with collector due to breach of FDCPA) with cease/desist attached to it and mailed it to CACH, LLC.

One week later I receive something from some kind of arbitration company. I called the company and explained that I am waiting for validation from the company and not to contact me again until I have the proof. Two weeks later I receive a credit card agreement and another arbitration packet. I contacted the company and informed them that this is not the information that was requested and not to contact again. Six days later I started receiving calls again from P. Scott Lowery/CACH, LLC. I informed after the third phone call that they are breaking FDCPA by even dialing my number with no validation as requested and that if they contacted me again I would be contacting an attorney to handle this and disconnected the call. After 9 more calls over the next 12 days the calls stopped.

We had not heard anything until my wife received a Writ of Summons stating that CACH, LLC is now trying to obtain a judgment against her. We responded to the summons with all the documentation and information that I am writing here and I will be darned if they didn't issue a judgment for CACH, LLC against my wife as of yesterday!! What good is it to even try?? I am stuck and have no idea what to do now.

Kakarat
Forest Hill, Maryland
U.S.A.

This report was posted on Ripoff Report on 03/14/2008 05:59 AM and is a permanent record located here: http://www.ripoffreport.com/r/CACH-LLC-P-Scott-Lowery-Associates-Collect-America/Denver-Colorado/CACH-LLC-P-Scott-Lowery-Associates-Collect-America-Nothing-seems-to-work-to-stop-t-317823. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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Updates & Rebuttals

#1 Consumer Suggestion

Time?

AUTHOR: David - (U.S.A.)

Ok, I'm a tad confused here. For one, a judgement against your wife can't be entered unless there's already a lawsuit that's been files, AND you either didn't file an answer (you HAVE to file an answer with the court), you didn't show up for trial or you lost your case in court. How can a judgement be entered without a one of the above???

On the "verbal" issue, while there is no provision for verbal cease and desist orders, there is the ability for Debt Verification to be requested by voice.

I've dealt with these fools before (Collect Amercia), and I can tell you it saddens me when I hear that they won, supposedly, against those who most times can't or don't know how, to deal with these scoundrels.

Not sure of your financial situation or just how much the judgement is for, but you might consider bankruptcy as an alternative...a LAST alternative. For more info on how to better handle these scoundrels, visit budhibbs.com
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#2 Consumer Suggestion

File with the State Office

AUTHOR: Ihavepaidandpaid - (U.S.A.)

Do a search on the internet and file a complaint with the Attorney Counsel. Also do a search on the internet for Credit Collections Laws. Find the section that lists your rights for your individual state. Then send a letter to the FTC, the Attorney Counsel and BBB. Outline how your rights have been violated. I have allready outlined a complaint against the Lowery Law Office and because of THEIR mistake and THEIR loop hole there is a "mark" or a "comment" that lists this business as one who has violated consumer rights. So long as people keep documenting that the Lowery office is breaking the law eventually it will catch up with them. ALSO--- the Lowery Law office HATES faxes because you can end your letter stating you have a confirmation fax that verifies their office did indeed receive the letter. Do everything in writing AND FAX it. Once you file your complaint with the Attorney Counsel it provides you time because the Counsel will begin an active investigation into their practices (another thing they hate). This in turn also ties up the attorneys because ONLY the attorneys can respond to the Attorney Counsel. This also gets the Customer Service $11.00 hour folks off your back because then the Attorney can communicate with you. GOOD LUCK!
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#3 Consumer Comment

cach llc

AUTHOR: Dymond - (U.S.A.)

Robert,

I feel for you and your wife. It sounds like you really got railroaded. I was under the impression that a collection company had to at least give you 30 days to respond to a written letter sent to you.

I too had to deal with cach llc - and at one time was sent a notice by the same attorney. I sent a copy of the letter back with a nine page V.O.D. (Verification of Debt) form and never heard from him again. Thet may have been due the fact that I am in California and not Colorado, so having to file a suit would not have worked, because the suit must take place within the jurisidition that the alledge debt took place.

Some time later I received another letter from another attorney requesting the same payment only this time the firm was in my state and city. I followed the same proceedure with my nine page vod, but this time the response was different. They sent a letter saying I had 30 days to respond or they were going to file a suit. I quickly began to educate myself as to my rights and what I could expect and what I might be able to do. www.suijuris.net has a wealth of information and members who are somewhat willing to help.

Long story short I ended up in court and lost. I lost because I was afraid of making a mistake in front of the judge. As you may know, the court is ALL procedure. The facts, not to mention the truth are secondary. Don't be fooled the courts are in business with the collection agencies. This you may know already since you work or worked in collections.

Some of the things I learned while researching were: credit debt has a statutory limit. Do a search on c.c. statutes and check what it is for your state. If you receive a summons always answer the summons, but make sure to answer with a DEMURE. ( black law dictionary 6th ed ) You might be able to challenge the summary judgement on procedure. If you do decide to challenge be sure to stand up to the judge. They are betting that you will become discouraged and give up.

If you decide to settle which is all they are truly wanting, then settle for pennies on the dollar. They paid very very little for the account so what they recover is mostly profit.

Good luck,

D.
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#4 Consumer Comment

Verbal cease communications?

AUTHOR: Robert - (U.S.A.)

""Verbal cease/desist is valid by FTC & FDCPA for 7 days with written letter received within that time frame). ""

Not according to section 805 of the FDCPA. Cease communications request MUST BE WRITTEN. There is no provision in the FDCPA for a verbal cease communications request.
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