• Report: #285480

Complaint Review: Capital Management Services Aka Calvary Portfolio Services

  • Submitted: Mon, November 19, 2007
  • Updated: Wed, November 28, 2007

  • Reported By:San Clemente California
Capital Management Services Aka Calvary Portfolio Services
Hawthorne, New York Hawthorne, New York U.S.A.

Capital Management Services Aka Calvary Portfolio Services Theives running a scam Hawthorne New York

*Author of original report: A new problem

*Author of original report: Still a problem

*Consumer Suggestion: A couple options

*Consumer Suggestion: Nathan, it does not matter if the debt is your or not, same rules apply [FDCPA]

*Consumer Suggestion: Question: "how are they harassing you?

*Author of original report: Thanx to Nathan

*Consumer Suggestion: Help......Try Budhibbs.com or NACA Attorney.....or file complaint with the FTC

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For several years now, I have been receiving harassing telephone calls and threatening letters from Capital Management Services doing business as Calvary Portfolio Services LLC. They have repeatedly accessed my credit records at Trans Union, Equifax and Experian.

They claim that they are collecting a debt for the Rocky Mountain National Bank.

However, I have never had an account with the Rocky Mountain National Bank and the claim is pure fraud!!

I written to them several times explaining this fact, but received no reply. I have repeatedly complained to the Federal Trade Commission, but received no reply. I have repeatedly complained to the National Do Not Call Registry, but received no reply.

Any one have any ideas about how to stop these bottom feeding, crooked scum??

James
San Clemente, California
U.S.A.

This report was posted on Ripoff Report on 11/19/2007 01:58 PM and is a permanent record located here: http://www.ripoffreport.com/r/Capital-Management-Services-Aka-Calvary-Portfolio-Services/Hawthorne-New-York-10532/Capital-Management-Services-Aka-Calvary-Portfolio-Services-Theives-running-a-scam-Hawthorn-285480. 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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#1 Author of original report

A new problem

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

Tim, this is getting really byzantine. Rocky Mountain Bank was purchased by the 1st National Bank of Nevada, which was just purchased by the 1st National Bank of Arizona. But the only address I can find for the 1st National Bank of Arizona is a P. O. number, and you cannot send a registered letter, return receipt requested, to a P. O. box. So tomorrow, I will send a letter, which supporting documents, to the P.O. box. I'll let you know what happens. Anyone want to place bets?
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#2 Author of original report

Still a problem

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

Tim, thanks for you ideas. The first one won't work because there is no disputed claim in credit report. It is as close to perfect as possible. The second one is more interesting. I'll try that and report back.

Jim
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#3 Consumer Suggestion

A couple options

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

There are a couple ways to resolve this situation. The first is the simple "just make it go away route," the second is the more complicated "revenge" route.

To make it go away, get copies of your credit reports (you can get them once per year for free at annualcreditreport.com). Then go to each credit reporting agency's website and file and online dispute. When you do this, the agencies are required to perform an investigation into whether or not the debt is valid and are required to remove it from your report if it is not valid.

If the blight is removed pursuant to your dispute, send a letter to the collection agency explaining that the CRAs have determined that the debt is illegitimate, that the information has been removed from your credit reports, and that they are to cease communications.

The "revenge" route is a little more complicated. First, you should get a notarized affidavit from somebody at Rocky Mountain Bank stating that you have never had an account with them. Send this affidavit, along with a notice of dispute, to the collection agency. Then wait about 60 days and check your credit reports to see if the blight is still there.

If the blight is still on your credit reports, file disputes with the reporting agencies (make sure they get a copy of that affidavit). Wait about 45 days and check to see if the blight has been removed.

Now, if, after all of this, the blight is still on your credit report, go out and find yourself a lawyer, because you will now have a handful of viable FCRA, FDCPA, and possibly libel claims.

On a side note, I wouldn't put too much stock in Bud Hibbs. He's very well-intentioned, but his website contains an awful lot of inaccurate legal information.

Best of luck!
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#4 Consumer Suggestion

Nathan, it does not matter if the debt is your or not, same rules apply [FDCPA]

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

Nathan,

Under FEDERAL law [FDCPA], you have the LEGAL RIGHT to DEMAND that a THIRD PARTY debt collector stop contacting you.

It makes no difference as to whether or not you owe the money.

Simply send a letter and clearly identify your name and the phone# they are calling you on. DEMAND under the provisions of the FDCPA that all communications from them cease immediately.

Send this letter by certified mail, return reciept requested. Be sure to put the certified# on the letter itself and keep a copy for your records. This proves exactly what you sent.

You are dealing with a JUNK DEBT BUYER who has little or no actual account info or info on the debtor. Your name is the same or similar to the actual debtor so these crackheads assume it is you. They use reverse directories and public records.

FYI..Complaints to the FTC are not acted upon in an individual manner. They will NOT assist you personally.
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#5 Consumer Suggestion

Question: "how are they harassing you?

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


I would file a complaint with your attorney General's office. Tell me how they are harassing you. Is it by phone. Are they threatening you. I would get the equipment to tape them.

In your complaint to the A.G. office provide copies and any letters to them. Demand in your complaint Debt Validation. Ask for copies of the contract. If they persist Curt Baggett is forensic examiner. He can prove its not your signature. Its about 300.00. but this is if you go to court.

Tape them. File the complaint. Research them at the courthouse. Find all you can about your enemy. They are threat to your future. A judgement will be kaos.

Do not talk with these clowns. Never ever give banking information to them.
Do things only in writing. They will threaten and harass to get you to pay. Its extortion. Never ever take a settlement. They settle and send it to another extortionist company.

I would contact a NACA. The attorney's are great. Its worth a try. Maybe they will send a letter demanding debt validation. You want to see the loan agreement. Do not give your social security number to no one. Do not validate it on the phone.

I lay odds that your name is a common name. They got you confused with someone else. Now the soc no is the key. Don't give them a clue. If they try to verify your soc no. This way if they pull you into court. Find out the soc no they have. When its not the correct one. Tell the court that you will provide yours but, the judge should not reveal yours to CMS or the public.

Good Luck

Nathan
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#6 Author of original report

Thanx to Nathan

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

I have visited BudHibbs.com and NACA.net, and both sites have excellent advice and assistance. The problem is that I have never had an account with the Rocky Mountains National Bank so the advice both sites offer is not applicable. For people who actually have, or had, a debt, both of these sites are terrific, but I still need specific advice about how to get Calvary to stop harassing me.

So thanks for your advice, Nathan.
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#7 Consumer Suggestion

Help......Try Budhibbs.com or NACA Attorney.....or file complaint with the FTC

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


I would research your rights. Go to budhibbs.com. You can learn a lot there. If they are harassing you or threatening you. Then set your phone up for taping their conversation. The FTC will take your complaint. However, don't expect them to litigate your complaint. I would file a complaint with your state attorney General consumer protection division. Since you have sent them letters. They refused to do anything. I would demand copies of the written loan agreement.
In other words debt validation.

Now, If they called you a s...A.S I consider that harassment. A lawyer may see it differently. I would contact NACA.Net. Sometimes they will handle the case on a contingency basis.

Start by recording when the calls are coming in. I would not answer every call. Record the call. I read on the internet that people being harassed are collecting money because these dirtbag scum faces can't be professional. So let them pay.
Some of the attorney sites have the tape conversation on their site. These extortionists will never learn. They are bold and have no fear. Guess again.

Do not admit owing the debt. Never ever give banking information. If you do you are doomed.

Remember I am not a lawyer. You need to research the Fair debt collection protection act and fair debt reporting act.

Most importantly, Contact your state consumer protection agency. File a complaint.

Good luck and keep me posted

nathan
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