• Report: #603733

Complaint Review: Weltman, Weinberg & Reis Co

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  • Submitted: Sat, May 15, 2010
  • Updated: Mon, October 03, 2011

  • Reported By: Vanyell — Ohio U.S.A.
Weltman, Weinberg & Reis Co
175 South 3rd Street Suite 900 columbus, Ohio United States of America

Weltman, Weinberg & Reis Co Claiming actual debter is client but they are not columbus, Ohio

*General Comment: Collections

*Consumer Comment: Charge off of accounts

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These so called lawyers (not sure about the authenticity of that yet) are trying to take me to court for a Capital One credit card that was "written off" by capital one in 2009. Now I know that these sleazy companies buy old debt and try to get money from the people who owed  it(past tense) but they are representing themselves on court papers as "representatives of Capital One" and Capital one is actually on the papers as the plaintiff.

But capital one does not own this debt any more and have no connections to this so called law firm.

They also checked my credit report with no authorization.

I went to a hearing which I wasn't allowed to say anything, and they set a tenitive court date for a few months from now. In the mean time I am complaining and sending reports to all the boards such as this one and the bbb, fcc, attourney general and the Office of Disciplinary Counsel of the Supreme Court of Ohio. Maybe some one will take notice.

In my opinion we need a stop this type of "junk debt buying" practice more than we need any health care plans. These vultures prey on the poor and destitute of society because they know they are the part of the population who can't, or are not aware, that they can defend themselves.

There has to be a special area in hell where these people go. These practices are no better than a thug who knocks down an old lady for her purse, they just knock her down in a 3 piece suit.

This report was posted on Ripoff Report on 05/15/2010 01:45 PM and is a permanent record located here: http://www.ripoffreport.com/r/Weltman-Weinberg-Reis-Co/columbus-Ohio-43215/Weltman-Weinberg-Reis-Co-Claiming-actual-debter-is-client-but-they-are-not-columbus-O-603733. 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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REBUTTALS & REPLIES:
0Author 2Consumer 0Employee/Owner
Updates & Rebuttals

#1 General Comment

Collections

AUTHOR: Rhoff73 - (United States of America)

As a collector they have the right to collect the full amount of the debt.  They make money by the spread between what they bought the debt for and what it is settled for by the debtor.  A word of advice, they can obtain a court order for the balance.  Bottom line is you borrowed the money, just because they wrote it off, does not mean you get off free from payment, per the previous poster they may have just wrote it off and sold it.  I would suggest you deal with the debt, they probably bought it for 10 cents on the dollar offer 30 cents on the dollar and be done with it.
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#2 Consumer Comment

Charge off of accounts

AUTHOR: Sue Em All - (United States of America)

I am not an attorney and this is not legal advice - only from my past experiences.

If capital one did charge off your account, one of three things happened....1) they wrote it off as bad debt and took a tax write off 2) they wrote it off, but not as a tax write off, and then sold it or 3) they wrote it off and then sent you a 1099-C.

1) If this happened then they cannot sell your debt . they cannot claim a loss and then try to gain by selling it....illegal as all get out....called "double dipping"....they can get in trouble by IRS and sued you you directly, also sue the debt collector.

2) If this happened and they did indeed sell it, that is there right.  However your not indebted to WWR ONLY the bank.  Hence they are trying to collect a bad debt and not even theirs.  Legally, I believe, they can only collect the amount they paid for the debt...this is what I have been told but not sure....any thing over this amount is graft.  You have no responsibility to pay them back.

3) If this happened then the bank is notifying you that they are considering the charged off amount income to you and are claiming this as a loss to them.  You will have to pay the tax on the income - this is there way of saying screw you...and let the IRS collect from you, this happened to me.  They cannot sell the debt if you receive a 1099-C, if they do then you sue both the bank and the collectors.

hope this helps.
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