- Report: #306079
Complaint Review: Robert Holmes
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| Robert Holmes 2731 Linden Lane
Silver Spring, Maryland U.S.A. |
|
Check Processing Bureau Enforcement Division New York, New York
*Consumer Suggestion: It could be extortion
*Consumer Suggestion: It could be extortion
*Consumer Suggestion: It could be extortion
*Consumer Suggestion: It could be extortion
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This same company has been reported before. The claim that, "you are hereby advised of your issuance of the above-captioned fraudulent check(s) which were returned unpaid by your financial institiution. Check fraud is a crime in the State of Maryland and exposes the issuer to the possibility of CIVIL and CRIMINAL action. This matter was previously placed with a collection agency that made numerous unsuccessful attempts at resolution. This is a serious matter involving possible violation of Maryland State Law and will be your last opportunity for amicable resolution. THE CHOICE IS YOURS. You can avoid the possibility of the aforementioned criminal and/or civil action only with an immediate payment."
Un quote.
ARE you Kidding? This is completely uncool. My bank has no record of a returned check. And my credit report also is glimmering. I tried to contact this representative "RON ADAMS" at 1-88-238-3290 ext 107, and of course there was no answer so I left a message.
This company just tries to get you to mail a check to them by a threat. I am no lawyer, but is this no extortion?
Confused in MD.
Rob
Docdc
Silver Spring, Maryland
U.S.A.
Un quote.
ARE you Kidding? This is completely uncool. My bank has no record of a returned check. And my credit report also is glimmering. I tried to contact this representative "RON ADAMS" at 1-88-238-3290 ext 107, and of course there was no answer so I left a message.
This company just tries to get you to mail a check to them by a threat. I am no lawyer, but is this no extortion?
Confused in MD.
Rob
Docdc
Silver Spring, Maryland
U.S.A.
This report was posted on Ripoff Report on 02/04/2008 03:47 PM and is a permanent record located here: http://www.ripoffreport.com/r/Robert-Holmes/Silver-Spring-Maryland-20910/Check-Processing-Bureau-Enforcement-Division-New-York-New-York-306079. 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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Search Tips#1 Consumer Suggestion
It could be extortion
AUTHOR: Tim - (U.S.A.)
SUBMITTED: Tuesday, February 05, 2008
POSTED: Tuesday, February 05, 2008
The threat of criminal prosecution where no crime has actually been committed is, in many states, considered extortion. It generally fits the common law definition of extortion.
The issue isn't quite that simple, however. If they are negligently (as opposed to purposefully) seeking to collect on an inaccurate debt, i.e. they simply have the wrong person, then the elements of extortion aren't met.
You would be more looking at violations of debt collection laws. For instance, it is a violation of the FDCPA to state, in connection with the collection of a debt, that something is a crime where it is not. Generally, the passing of a bad check is only a crime in very limited circumstances. Otherwise, it's a purely civil matter.
Further, it is a violation of the FDCPA to levy threats of criminal or civil prosecution where such is not allowed by the law or where the collector does not in fact intend to take such actions.
Finally, be sure to take advantage of your rights under the FDCPA and 1) demand validation of the debt in writing; and 2) dispute your liability on the debt. If you take these actions and they still keep hounding you, come back for further advice.
The issue isn't quite that simple, however. If they are negligently (as opposed to purposefully) seeking to collect on an inaccurate debt, i.e. they simply have the wrong person, then the elements of extortion aren't met.
You would be more looking at violations of debt collection laws. For instance, it is a violation of the FDCPA to state, in connection with the collection of a debt, that something is a crime where it is not. Generally, the passing of a bad check is only a crime in very limited circumstances. Otherwise, it's a purely civil matter.
Further, it is a violation of the FDCPA to levy threats of criminal or civil prosecution where such is not allowed by the law or where the collector does not in fact intend to take such actions.
Finally, be sure to take advantage of your rights under the FDCPA and 1) demand validation of the debt in writing; and 2) dispute your liability on the debt. If you take these actions and they still keep hounding you, come back for further advice.
Respond to this report!
What's this? #2 Consumer Suggestion
It could be extortion
AUTHOR: Tim - (U.S.A.)
SUBMITTED: Tuesday, February 05, 2008
POSTED: Tuesday, February 05, 2008
The threat of criminal prosecution where no crime has actually been committed is, in many states, considered extortion. It generally fits the common law definition of extortion.
The issue isn't quite that simple, however. If they are negligently (as opposed to purposefully) seeking to collect on an inaccurate debt, i.e. they simply have the wrong person, then the elements of extortion aren't met.
You would be more looking at violations of debt collection laws. For instance, it is a violation of the FDCPA to state, in connection with the collection of a debt, that something is a crime where it is not. Generally, the passing of a bad check is only a crime in very limited circumstances. Otherwise, it's a purely civil matter.
Further, it is a violation of the FDCPA to levy threats of criminal or civil prosecution where such is not allowed by the law or where the collector does not in fact intend to take such actions.
Finally, be sure to take advantage of your rights under the FDCPA and 1) demand validation of the debt in writing; and 2) dispute your liability on the debt. If you take these actions and they still keep hounding you, come back for further advice.
The issue isn't quite that simple, however. If they are negligently (as opposed to purposefully) seeking to collect on an inaccurate debt, i.e. they simply have the wrong person, then the elements of extortion aren't met.
You would be more looking at violations of debt collection laws. For instance, it is a violation of the FDCPA to state, in connection with the collection of a debt, that something is a crime where it is not. Generally, the passing of a bad check is only a crime in very limited circumstances. Otherwise, it's a purely civil matter.
Further, it is a violation of the FDCPA to levy threats of criminal or civil prosecution where such is not allowed by the law or where the collector does not in fact intend to take such actions.
Finally, be sure to take advantage of your rights under the FDCPA and 1) demand validation of the debt in writing; and 2) dispute your liability on the debt. If you take these actions and they still keep hounding you, come back for further advice.
Respond to this report!
What's this? #3 Consumer Suggestion
It could be extortion
AUTHOR: Tim - (U.S.A.)
SUBMITTED: Tuesday, February 05, 2008
POSTED: Tuesday, February 05, 2008
The threat of criminal prosecution where no crime has actually been committed is, in many states, considered extortion. It generally fits the common law definition of extortion.
The issue isn't quite that simple, however. If they are negligently (as opposed to purposefully) seeking to collect on an inaccurate debt, i.e. they simply have the wrong person, then the elements of extortion aren't met.
You would be more looking at violations of debt collection laws. For instance, it is a violation of the FDCPA to state, in connection with the collection of a debt, that something is a crime where it is not. Generally, the passing of a bad check is only a crime in very limited circumstances. Otherwise, it's a purely civil matter.
Further, it is a violation of the FDCPA to levy threats of criminal or civil prosecution where such is not allowed by the law or where the collector does not in fact intend to take such actions.
Finally, be sure to take advantage of your rights under the FDCPA and 1) demand validation of the debt in writing; and 2) dispute your liability on the debt. If you take these actions and they still keep hounding you, come back for further advice.
The issue isn't quite that simple, however. If they are negligently (as opposed to purposefully) seeking to collect on an inaccurate debt, i.e. they simply have the wrong person, then the elements of extortion aren't met.
You would be more looking at violations of debt collection laws. For instance, it is a violation of the FDCPA to state, in connection with the collection of a debt, that something is a crime where it is not. Generally, the passing of a bad check is only a crime in very limited circumstances. Otherwise, it's a purely civil matter.
Further, it is a violation of the FDCPA to levy threats of criminal or civil prosecution where such is not allowed by the law or where the collector does not in fact intend to take such actions.
Finally, be sure to take advantage of your rights under the FDCPA and 1) demand validation of the debt in writing; and 2) dispute your liability on the debt. If you take these actions and they still keep hounding you, come back for further advice.
Respond to this report!
What's this? #4 Consumer Suggestion
It could be extortion
AUTHOR: Tim - (U.S.A.)
SUBMITTED: Tuesday, February 05, 2008
POSTED: Tuesday, February 05, 2008
The threat of criminal prosecution where no crime has actually been committed is, in many states, considered extortion. It generally fits the common law definition of extortion.
The issue isn't quite that simple, however. If they are negligently (as opposed to purposefully) seeking to collect on an inaccurate debt, i.e. they simply have the wrong person, then the elements of extortion aren't met.
You would be more looking at violations of debt collection laws. For instance, it is a violation of the FDCPA to state, in connection with the collection of a debt, that something is a crime where it is not. Generally, the passing of a bad check is only a crime in very limited circumstances. Otherwise, it's a purely civil matter.
Further, it is a violation of the FDCPA to levy threats of criminal or civil prosecution where such is not allowed by the law or where the collector does not in fact intend to take such actions.
Finally, be sure to take advantage of your rights under the FDCPA and 1) demand validation of the debt in writing; and 2) dispute your liability on the debt. If you take these actions and they still keep hounding you, come back for further advice.
The issue isn't quite that simple, however. If they are negligently (as opposed to purposefully) seeking to collect on an inaccurate debt, i.e. they simply have the wrong person, then the elements of extortion aren't met.
You would be more looking at violations of debt collection laws. For instance, it is a violation of the FDCPA to state, in connection with the collection of a debt, that something is a crime where it is not. Generally, the passing of a bad check is only a crime in very limited circumstances. Otherwise, it's a purely civil matter.
Further, it is a violation of the FDCPA to levy threats of criminal or civil prosecution where such is not allowed by the law or where the collector does not in fact intend to take such actions.
Finally, be sure to take advantage of your rights under the FDCPA and 1) demand validation of the debt in writing; and 2) dispute your liability on the debt. If you take these actions and they still keep hounding you, come back for further advice.
Respond to this report!
What's this? 
