• Report: #264315

Complaint Review: McCarthy, Burgess And Wolff

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  • Submitted: Tue, July 31, 2007
  • Updated: Wed, July 02, 2008

  • Reported By:Oakboro North Carolina
McCarthy, Burgess And Wolff
26000 Cannon Road Cleveland, Ohio U.S.A.

McCarthy, Burgess And Wolff Collection Agency ripoff Cleveland Ohio

*REBUTTAL Owner of company: fraudulent charges on checking account

*Author of original report: update

*Author of original report: ok, will do that

*Consumer Suggestion: Who is the deb OWNER? FIND OUT with validation.

*Consumer Comment: FYI

*Author of original report: the debt is fairly new

*Author of original report: thanks

*Consumer Comment: FYI

*Author of original report: I am doing that

*Consumer Suggestion: what you can do.

*Author of original report: they do harass people

*Author of original report: they do harass people

*Consumer Suggestion: Not illegal

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I am being harrassed my McCarthy, Burgess and Wolff. They claim to be a "Collection Agency" when asked to send Written Verificaton of the "debt" they say they do no do that. I was told to give them a post dated check for the amount due to them over the phone. I am not doing that. they are going to rip me off. IT is Illegal for them to ask you to do that. They called 5 times in 5 minutes and block their phone number from my caller Id. They cannot send me any bill, nor give me thier address. Which I found online anyway.

These people are vultures and will try to suck you dry if possible. Thanks to Budd Hibbs, I am learning. www.budhibbs.com
Do not let them talk to you that way and whatever you do, DO NOT Send them a check.

Kelly
Oakboro, North Carolina
U.S.A.

This report was posted on Ripoff Report on 07/31/2007 06:50 AM and is a permanent record located here: http://www.ripoffreport.com/r/McCarthy-Burgess-And-Wolff/Cleveland-Ohio-44146/McCarthy-Burgess-And-Wolff-Collection-Agency-ripoff-Cleveland-Ohio-264315. 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 12Consumer 1Employee/Owner
Updates & Rebuttals

#1 REBUTTAL Owner of company

fraudulent charges on checking account

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

I, too. have been receiving harassing phone calls from McCarthey, Burgess, and Wolff.
Take the advice above and do not give these people your checking info.
Evidently, sometime in the past couple of months, I made a payment "check by phone". Now, this company is fraudulently charging my account when ever they deem appropriate. I authorized one payment and one payment only. I have had to stop payments on two occasions. They have evidently saved my checking account info and continue to charge it................
Michael
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#2 Author of original report

update

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

well I sent them a STOP Communication/Debt Validation letter with NO response from them. I also got an email from the BBB about my reprt. MBW said they never heard of me, to please send them more info about me including my phone number and they will see what can be done. lol.
Hello, they HAVE my #, they kept calling. I got Privacy director from my telephone co and this has helepd ALOT.
thanks for all of the advice and info.
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#3 Author of original report

ok, will do that

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

I will do that. That way all of my bases are covered. Just because the OC told me on the phone I can send payment to them, does not mean that the CA does not own the debt.
thanks for your help and advice.
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#4 Consumer Suggestion

Who is the deb OWNER? FIND OUT with validation.

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

This is why I suggest you follow the FDCPA and DEMAND validation of the debt. As I stated previously, any payoff or negotiations should be with the creditor - the current debt owner - this is not necessarily the original creditor or the collection agency.

Debts are bought and sold all the time - a common occurance. This is why you should demand validation per the FDCPA and do not discuss this matter with anyone until you receive the validation documents you request in your letter.

The validation documents must be provided by the debt collector per the FDCPA. These documents will tell you who is the current owner of this debt and that's who you should negotiate/settle with.

The owner may indeed be the people calling you, but don't take their word for it over the phone. Demand written validation and stop all phone conversations until you've received and evaluated the validation documents.

Once you know who owns this debt, and you're convinced it's your debt, you may open a dialog with the debt OWNER to settle - do not settle with the collection agency unless the prove to you that they also OWN the debt.

Any settlement you strike with a collection agency only gets THAT PARTICULAR agency off your back. The debt OWNER may contract another or same agency to go after you for the remainder of the debt. This is why I advice folks to make any settlements with the owner of the debt.

Also, if you reach a settlement with the owner of the debt, you want a document from the debt owner that clearly states the debt is ABSOLVED by the settlement - this is to protect YOU so someone else doesn't come after you for the remainder several years later.

Good luck.
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#5 Consumer Comment

FYI

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

thanks, I do know that. But I really want to pay this debt off. So I am going to pay the OC the $88.00.
===============
Sounds like you want to find things out the hard way. Again, if the collection agency bought this debt from the OC, the collection agency is entitled to keep up collection activities even if you paid the OC the full amount. money for which the OC is not entitled to as they've written it off on their taxes and sold it to the collection agency.

Before you pay anyone anything, be sure who legally owns this debt. It sounds to me like it's the collection agency.
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#6 Author of original report

the debt is fairly new

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

the debt is from Feb of this yr, 2007. When I talked to the OC, I was told that I could work with them and NOT the CA. I REFUSE to work with any CA that harasses people. By law you do not have to talk to or call any CA. You can send any and all thru written correspondence. I am paying by Money Order and will keep my copy fro PROOF that the debt is paid, it is Not on my CR as of yet .
IF I see that is in on my CR AFTER I pay the OC, I will do what I have to do,
including suing the CA.
go Bud Hibbs!!!!! budhibbs.com
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#7 Author of original report

thanks

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

thanks, I do know that. But I really want to pay this debt off. So I am going to pay the OC the $88.00. I am sending the CA a Debt Validation and Cease Comm. letter. I just want this to be over with. I am Stressed. If they contact me more than 1 time after they recieve the letter, I have grounds to sue.
thanks for everyones advice and comments.
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#8 Consumer Comment

FYI

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

Be careful...if this collection agency has purchased this debt...the original creditor no longer has any claim to it....If this is the case...you're simply wasting money by paying the original creditor...Of course they'll gladly take your money anyway....then the collection agency will start coming after you again for the debt that they now owe.
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#9 Author of original report

I am doing that

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

I am sending a written verification letter and Cease communications letter to them, via Certified mail with Return receipt.

I did talk to the original creditor, I was told that my account was in colletions with MBW. I am paying my account with the OC on payday, and it will then be resolved. The OC told me that once my payment is made ($88.00) they will notify MBW that it is PAID. However, MBW Rep told me that they can still call me whether I pay the OC or not. Which that is not true, ONCE I send the letters.

The MBW Rep I talked to told me on the phone they DO NOT do Verification and they do not have any bill of anykind. HELLO! then why are they calling me every 5 mins? I told them on Monday to NOT Call me and I am deling with the OC and not them. thanks for your help. I too have been looking up FCRA laws. and www.budhibbs.com is VERY helpful too.
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#10 Consumer Suggestion

what you can do.

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

OK Here's what you can do to force the collection agency to back off and validate the debt:

FIRST - Read the Fair Debt Collection Practices Act at http://ftc.gov/os/statutes/fdcpa/fdcpact.htm.

It is important to understand the definitions used in the FDCPA, so I have included that section of the law. Many collectors do not fall under the FDCPA, so please read paragraph 6 and its subparagraphs very carefully:

803. Definitions [15 USC 1692a]
As used in this title --

(1) The term "Commission" means the Federal Trade Commission.

(2) The term "communication" means the conveying of information regarding a debt directly or indirectly to any person through any medium.

(3) The term "consumer" means any natural person obligated or allegedly obligated to pay any debt.

(4) The term "creditor" means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another.

(5) The term "debt" means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment.

(6) The term "debt collector" means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause (F) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of section 808(6), such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests. THE TERM DOES NOT INCLUDE --

(A) any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor;

(B) any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of such person is not the collection of debts;

(C) any officer or employee of the United States or any State to the extent that collecting or attempting to collect any debt is in the performance of his official duties;

(D) any person while serving or attempting to serve legal process on any other person in connection with the judicial enforcement of any debt;

(E) any nonprofit organization which, at the request of consumers, performs bona fide consumer credit counseling and assists consumers in the liquidation of their debts by receiving payments from such consumers and distributing such amounts to creditors; and

(F) any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent such activity (i) is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement; (ii) concerns a debt which was originated by such person; (iii) concerns a debt which was not in default at the time it was obtained by such person; or (iv) concerns a debt obtained by such person as a secured party in a commercial credit transaction involving the creditor.

SECOND - send a certified letter, return receipt requested, to the DEBT COLLECTOR to dispute the debt and request written verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor. Also, include a statement stating that you do not wish to be contacted again until you receive all the written debt validation information you have requested.

Once they receive the letter, they must cease all collection efforts until they provide the written information requested. This is in accordance with the Fair Debt Collection Practices Act.

THIRD - Once you received the written verification information requested, contact the CREDITOR (who owns the debt) via certified mail to resolve the matter.

Please note that simply sending the letter telling them to leave you alone does not absolve a valid debt. What the letter does do is force them to provide you with written validation of the debt and to stop all collection actions until you receive the information. Once you have the information, you should act on it accordingly by contacting the CREDITOR via certified mail.

Some other notes: Any statute of limitations does not absolve a valid debt; it merely prohibits the creditor from going to court to obtain a money judgment against you. IF there is already a money judgment, the statute of limitations most likely is longer - in New York State it's 20 years.

You can check the statute of limitations for debt in your state at http://www.fair-debt-collection.com/statue-limitations.html.

In addition, a credit report listing does not in any way determine if a debt is valid or not, or collectible or not that is what courts are for. There are 3 ways a valid debt can be absolved; you pay it off, the creditor forgives it, or bankruptcy court orders it absolved.

Section 809 of the FDCPA covers debt validation nicely:

809. Validation of debts [15 USC 1692g]

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

Hope this helps.
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#11 Author of original report

they do harass people

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

When you send a "Collection Agency" a Cease commuincation letter ,they are allowed to contact you once after that. They do harass people. I was told AFTER I contacted the original Creditor, that they can still contact me. THEY do not listen.

I will not give ANYONE a check over the phone, dont care if it is legal or not. I do not give out my personal info to any type of bill collector. I do know that some CA's have great customer service reps, but MOST are mean and viscious.

Calling my house EVERY 5 mins, leaving Rude and mean voice mail messages, upsettting me and my young daughter. Telling me give them a check over the phone or else. OR else what ? I SUE! them for harassment.

Check FTC for the rights of Consumers. The CA's are suppose to go by the law. I believe in paying my debt, but will not give in to rude, nasty, CA's. No one has the right to talk to anyone that way.

Thanks for the rebuttal. I thank you for your comments and opinions. Everyone has a right to say what is on their mind. I hope that in the future that CA's will remember to treat others like they would like to be treated.
www.budhibbs.com

blessings,
Kelly
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#12 Author of original report

they do harass people

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

When you send a "Collection Agency" a Cease commuincation letter ,they are allowed to contact you once after that. They do harass people. I was told AFTER I contacted the original Creditor, that they can still contact me. THEY do not listen.

I will not give ANYONE a check over the phone, dont care if it is legal or not. I do not give out my personal info to any type of bill collector. I do know that some CA's have great customer service reps, but MOST are mean and viscious.

Calling my house EVERY 5 mins, leaving Rude and mean voice mail messages, upsettting me and my young daughter. Telling me give them a check over the phone or else. OR else what ? I SUE! them for harassment.

Check FTC for the rights of Consumers. The CA's are suppose to go by the law. I believe in paying my debt, but will not give in to rude, nasty, CA's. No one has the right to talk to anyone that way.

Thanks for the rebuttal. I thank you for your comments and opinions. Everyone has a right to say what is on their mind. I hope that in the future that CA's will remember to treat others like they would like to be treated.
www.budhibbs.com

blessings,
Kelly
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#13 Consumer Suggestion

Not illegal

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

Not sure where you are getting your information. It is not illegal for a collection agency to solicit a post dated check, unless you are in the state of Massachusetts. Every other state allows this.

Now to offer a debt collector response when someone says they are unwilling to set this up over the phone, and will mail a check payment. First, at least in my office, the information is removed from the system when a payment is processed ( a credit card payment is processed immediately, so that is never there).

Second, in my office, all payment arrangements are verified by a second voice. This is to ensure that there is a meeting of the minds, and that everything is entered correctly. For example, if when entering a $50.00 payment, the decimal placed is missed, it becomes a $5000 payment.

Thirdly, if you mail a check, it could be difficult to predict when the payment will come out of your account. A over the phone payment you can set the date then (yes you can mail a post dated check as well).

Lastly, from a security point of view, if you doing the payment over the phone, you have a name as well as possibly an badge number or phone extension. If you mail a check, you are giving all the same information to the collection agency, as well as your signature. You also have no control over who handles the check along the way.

Just trying to give another opinion, not trying to get flamed.
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