• Report: #221768

Complaint Review: Capital Management Services LP

  • Submitted: Wed, November 22, 2006
  • Updated: Thu, February 07, 2008

  • Reported By:Chicago Illinois
Capital Management Services LP
726 Exchange Suite 700 St Buffalo, New York U.S.A.

Capital Management Services LP Aka Resurgent Capital Services, LP False collection claim Buffalo New York

*Consumer Comment: Capital Management

*Consumer Comment: A member of the BBB no more

*Author of original report: Response to Poster from R

*Author of original report: Response to Poster from R

*Author of original report: Response to Poster from R

*Author of original report: Response to Poster from R

*Consumer Suggestion: Some late-night humor from crmrcm, the bottom-feeding collection stooge...

*UPDATE Employee: False Claims

*Consumer Suggestion: collection agency's must validate

*UPDATE Employee: Not True

*Consumer Suggestion: More info on Capital Management Services and Junk Debt buyers in general

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Capital Management Services LP aka Resurgent Capital Services LP is claiming I owe a debt of $40.88 for an account that was paid in full over a year ago with the original creditor. They've called, written, and generally not disclosed any validity of the debt despite numerous requests. I looked them up under the Buffalo BBB and they have numerous complaints. Seems they've got nearly as many phone numbers as well. Here's the contact information I was able to find on the company.

Principal: Jeffrey Hauser, CEO
Local Phone Number: (716) 871-9050
Fax Number: (716) 852-1620
Email Address: dbiondolillo@cms-collect.com
Membership Status: This company is a member.
Date Joined BBB: 2/11/2002
TOB Classification: Collection Agencies
Web Site URL(s): http://www.cms-collect.com
(716) 566-2630
(716) 873-1695
(800) 295-6137
(800) 504-2404
(800) 519-2649
(800) 906-5917

R
Chicago, Illinois
U.S.A.

This report was posted on Ripoff Report on 11/22/2006 01:33 AM and is a permanent record located here: http://www.ripoffreport.com/r/Capital-Management-Services-LP/Buffalo-New-York-14210/Capital-Management-Services-LP-Aka-Resurgent-Capital-Services-LP-False-collection-claim-B-221768. 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 11Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Comment

Capital Management

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

I have also been having problems with this company. They call me several times a day over my overdrafted checking account. I made arrangements with my branch manager to make payments until i pay it off, and they are not only going to remove the negative reports on chexsystems, but they are going to open a new account for me!

When Capital Management calls me, they tell me that I have to pay them or else! I asked them if they purchased the debt and they couldn't give me a straight answer other than "well, your bank sent it to us, and so, yes, we do own the account now, and you have to pay us and only us." Luckily, I do know my rights, and it was a terrible thing to lose both of my jobs back in September.

My bank has been great to me especially because this happened two years ago when I lost my last job (bartenders come and go if you know what I mean.) Anyhow, I never got the guys name that called me, but he was extremely rude to me at 8:12 in the morning, claiming I never spoke to anyone at Capital when I have plenty of phone logs to prove that I have in fact even called them to notify them that I would be paying the bank directly.

Two mornings ago I received another similar call from them where their agent hung up on me and told me they were marking me down as refusal to pay. Other than paying my bank (which I have been doing now) is there any way to get these rude people off of my back?
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#2 Consumer Comment

A member of the BBB no more

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

This interesting tidbit is from the BBB website for Buffalo, NY:

On July 12, 2007, this company's BBB membership was suspended because of the complaints. On September 20, 2007, before a vote to consider expulsion from BBB membership, Capital Management Services resigned from the Better Business Bureau.
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#3 Author of original report

Response to Poster from R

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

Consumers deserve to be treated fairly. In the interest of brevity, all the identifying detail provided to the BBB was left out.

None of this would be necessary if the agency that is assigned as a sub did the follow-up of taking the information showing that a debt is false and updated their records and report back to company they are subbing for. It's really simple and would eliminate a lot of headaches. It's called putting yourself in the place of someone else but then collectors aren't known to be concerned about customer service. The fact remains that there seem to be no rules on agencies or subcontractors updating their files and whomever they work for. There should be some sort of rules, no matter what the size of the company, and doing a full follow up regardless if it makes the company money or not.

I already know how this affects personal credit, hence, the anger in having to deal with sending registered letters to three agencies because the first two didn't take the time to do any updates. Consumers have to depend on the credit bureaus to take care of these omissions through the dispute process. There should be some sort of rules that ensure the agency making a claim or putting something into your credit file must acknowledge the information they are unwilling to get themselves.

No false claims here just a consumer fed up companies that point the finger at another company or the consumer.
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#4 Author of original report

Response to Poster from R

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

Consumers deserve to be treated fairly. In the interest of brevity, all the identifying detail provided to the BBB was left out.

None of this would be necessary if the agency that is assigned as a sub did the follow-up of taking the information showing that a debt is false and updated their records and report back to company they are subbing for. It's really simple and would eliminate a lot of headaches. It's called putting yourself in the place of someone else but then collectors aren't known to be concerned about customer service. The fact remains that there seem to be no rules on agencies or subcontractors updating their files and whomever they work for. There should be some sort of rules, no matter what the size of the company, and doing a full follow up regardless if it makes the company money or not.

I already know how this affects personal credit, hence, the anger in having to deal with sending registered letters to three agencies because the first two didn't take the time to do any updates. Consumers have to depend on the credit bureaus to take care of these omissions through the dispute process. There should be some sort of rules that ensure the agency making a claim or putting something into your credit file must acknowledge the information they are unwilling to get themselves.

No false claims here just a consumer fed up companies that point the finger at another company or the consumer.
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#5 Author of original report

Response to Poster from R

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

Consumers deserve to be treated fairly. In the interest of brevity, all the identifying detail provided to the BBB was left out.

None of this would be necessary if the agency that is assigned as a sub did the follow-up of taking the information showing that a debt is false and updated their records and report back to company they are subbing for. It's really simple and would eliminate a lot of headaches. It's called putting yourself in the place of someone else but then collectors aren't known to be concerned about customer service. The fact remains that there seem to be no rules on agencies or subcontractors updating their files and whomever they work for. There should be some sort of rules, no matter what the size of the company, and doing a full follow up regardless if it makes the company money or not.

I already know how this affects personal credit, hence, the anger in having to deal with sending registered letters to three agencies because the first two didn't take the time to do any updates. Consumers have to depend on the credit bureaus to take care of these omissions through the dispute process. There should be some sort of rules that ensure the agency making a claim or putting something into your credit file must acknowledge the information they are unwilling to get themselves.

No false claims here just a consumer fed up companies that point the finger at another company or the consumer.
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#6 Author of original report

Response to Poster from R

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

Consumers deserve to be treated fairly. In the interest of brevity, all the identifying detail provided to the BBB was left out.

None of this would be necessary if the agency that is assigned as a sub did the follow-up of taking the information showing that a debt is false and updated their records and report back to company they are subbing for. It's really simple and would eliminate a lot of headaches. It's called putting yourself in the place of someone else but then collectors aren't known to be concerned about customer service. The fact remains that there seem to be no rules on agencies or subcontractors updating their files and whomever they work for. There should be some sort of rules, no matter what the size of the company, and doing a full follow up regardless if it makes the company money or not.

I already know how this affects personal credit, hence, the anger in having to deal with sending registered letters to three agencies because the first two didn't take the time to do any updates. Consumers have to depend on the credit bureaus to take care of these omissions through the dispute process. There should be some sort of rules that ensure the agency making a claim or putting something into your credit file must acknowledge the information they are unwilling to get themselves.

No false claims here just a consumer fed up companies that point the finger at another company or the consumer.
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#7 Consumer Suggestion

Some late-night humor from crmrcm, the bottom-feeding collection stooge...

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

crmrcm...Are you kidding me? Was that post an exercise to demonstrate the healing power of laughter? Oh yes, when I think about respectable organizations, collection agencies DEFINITELY come to mind. Just like innocence and O.J. Simpson come to mind...

Let's list a few of the very classy lines often used by debt collectors like this to demonstrate exactly how reputable they are:

We will ruin your credit unless you pay us now...

You will lose your job after we contact your job about this debt...

It's our automatic dialer that calls your home 12 times a day, not us...

Pay your bills you deadbeat...

Have a bake sale if you need to...but pay us...

We don't have to validate anything - you owe money...pay it...

We will sue you and take your home if you do not pay us...

Note to anyone who receives letters from these slimebags: DO NOT LET THESE LOWLIFES STRESS YOU OUT, AND DO NOT TALK TO THEM ON THE PHONE OR PAY THEM A DIME. They make $0 if they don't collect, and will use any and all means (legal or illegal) to collect anything they can. However, you are not obligated to pay them a single dime. If you owe the original creditor money, you can pay that creditor directly (NOT the collection agency). If the original creditor refuses payment directly, they are entitled to nothing and a judge will see that as a paid-in-full action from an original creditor. I work for a nationwide telecom where ANY original creditor can pay us for a debt that is owed as long as the SOL is active - even if the account has been sent to a collection agency. AFTER an account is sold, the billing records are purged and the collection agency does NOT have the records necessary to validate the debt - and even if they could, the SOL has expired and legally they can collect SQUAT. In either instance, the answer you seek lies with the ORIGINAL CREDITOR, not these lowlife bottom-feeders.
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#8 UPDATE Employee

False Claims

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

Dear "R" in Chicago:

First of all, Resurgent Capital Services is a collection agency and collection outsourcer. They were probably assigned to collect your alleged debt from the original creditor and have sub-assigned the collection of that debt to Capital Management Services. CMS is a very large company, so of course they have more than one telephone number. They are not, and never, ever claim to be Resurgent Capital.

As I've said before, they merely represent that client because they have been assigned that debt for collection purposes. It is apparent that you haven't read all of the Buffalo BBB file on Capital Management, because anyone who does will notice that you exaggerated and left out some details on purpose to make your case stronger. They are a collection agency. Lots of people think that filing a complaint with the BBB will make the collectors stop bugging them to pay their debts. ALL of the complaints filed against CMS are closed, most of those are labeled (and you can read this if you click the link) "Company made every reasonable effort to resolve...". buffalo.bbb.org

Hot-headed, alleged, debtors that don't bother to contact the original creditor to straighten out any miscommunication about the status of their past debts tend to lash out at the collectors. If Resurgent was assigned to collect a debt, then they were told by your original creditor that the debt was valid. It's your creditor's fault if that's not true. Resurgent often hires other agencies like CMS to handle the contact and collection efforts for acquiring payment on the debt they have been assigned. Neither Resurgent, nor Capital Management have done anything illegal or unethical to you.

If your debt is not valid, then contact your creditor and straighten it out with them. Don't lie, exaggerate, or falsify research to try and scar the reputation of a respectable company that is just doing its job. That is not only immature, it shows that you are more than slightly ignorant where debt and credit ratings are concerned. Perhaps you should speak to a credit counselor so that you understand how debts (valid or not) affect your credit rating and buying power.


Good day to you, and I hope you took this as advice rather than an attack.
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#9 Consumer Suggestion

collection agency's must validate

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

If a collection agency's is acting on behalf of another, the collection agency must still validate the debt.

If you give any information to any credit reporting agency, the collection agency can still be sued in court for violations of the FDCRA and submitting unvalidated or false information

R, I would get a copy of all three of my credit reports, and if the collection agency is listed
sue them along with the original creditor

also if they are on your credit report, write to all three credit agency's include copies of your letter and have them contact the company, but make sure in your letter to the credit bureau's
you want them to send you all the information, they get from the collection agency and the original creditor. how they got this info. who give them this info. all contact info, what did they use to validate this debt. even if they do not respond to the credit bureau, file suit in small claims court, or federal court.
the collector that answered your post is not giving you the correct information.
how old is this debt? are they really collecting for the original creditor? If they are collecting for the orginal credit, then the creditor can and will have this information, if they can't provide it, then it was sold, charged off and this collection company is trying to collect for there owm pocket and if that's true sue them for fraud and violation of the FDCRA
keep copies of all you send and get in return,
stay off the phone. if they haven't validated by now, they never will. or can
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#10 UPDATE Employee

Not True

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

Capital Management Services is an honest company. I work in the Compliance dept. and my boyfriend is a Correspondence Clerk. He receives ALL requests for validy of debts. The most that Capital Management can do is REQUEST that the information be sent to you by your original creditor. Capital Management ownes NONE of the debts and therefore cannot make choices regarding them. Everything is requested through our client (the creditor). If our client does not respond to the request we made within 3 (three) months, debtors have the right to fully dispute any account and protest the balance (exact procedures depend on the state you reside in).
I answer phone calls like this all the time, and it seems that most people just don't understand how third party collections work. A collections agency only has the information that is provided by the client, and nothing more. This information will normally include basic information such as: Name, Address, Phone numbers, date of birth, social security number (if the client sends us the right one), and possible co-signers.
Your best bet? Contact the compliance dept where you will reach 1 of 3 very pleasant and helpful people. They can explain what I explained, and tell you the best way to go about contacting whoever you may need. If you are immediately rude or degrading on the phone, you will probably not be helped to the extent that I explained. Compliance does not need to spend a half hour on the phone trying to help you with something that is not his/her responsibility, especially if someone is being rude.
Also, Capital Management is NOT the same as Resurgent. Resurgent is our CLIENT. Chances are, your dispute is not at all with Capital Management, it is with Resurgent. If your account is closed and returned, you may call in to obtain the 1-800 number to contact Resurgent directly.
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#11 Consumer Suggestion

More info on Capital Management Services and Junk Debt buyers in general

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

NEVER speak to ANY third party collector or junk debt buyer on the phone. Always, upon first contact send the CEASE COMMUNICATIONS request as per your rights under the FDCPA. Send this by certified mail, return reciept requested. Be sure to put the certified# on the letter itself.

Here is some physical contact info:

Capital Management Services
726 Exchange St #700
Buffalo, New York 14210
Phone: (716) 871-9050
Fax: (716) 566-2107
Web Address: www.cms-collect.com

2213 Niagara Street
Buffalo, NY 14207

Head Debt Collectors:

Jeffrey A. Hauser, CEO
Larry Costa, President
Karen Kraska, Secretary-Treasurer
Timothy Kraska, (very) Silent Partner
Patricia M. Cipriani, House Lawyer
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