• Report: #336106
Complaint Review:

Capital Management Services, LP - Resurgent Capital Services

  • Submitted: Sat, May 31, 2008
  • Updated: Sun, February 15, 2009

  • Reported By:Palm Springs California
Capital Management Services, LP - Resurgent Capital Services
726 Exchange Street, #700 Buffalo, New York U.S.A.

Capital Management Services, LP - Resurgent Capital Services Elder Abuse Buffalo New York

*UPDATE Employee: This is Harassment

*Consumer Suggestion: I agree with the first response

*UPDATE Employee: Resurgent Capital

*Consumer Suggestion: She has rights... Record the conversation.. file complaints

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My aunt is 83 years old and receives $1,020/mo. in Social Security benefits, her sole source of income. Two years ago, her medical bills were so high that she had to claim bankruptcy. The attorney she retained took her money (which she had to borrow from me) and left town, leaving hundreds of clients stranded according to the California Bar Association.

We sent a copy of the letter from the Bar Association to all of her creditors along with an explanation of her situation and they just wrote it off and left her alone -- except for Capital Management who represents Citibank. About 6 months ago, they started calling her almost daily and they are just rude and nasty to her. They told her that if she could afford to eat, she could pay them. I got caller I.D. on her phone but when she doesn't answer, they change to a new number and continue the harrassment.

Last week, they told her that they were going to put a lien on her bank account. She called me hysterical because she has no other funds. I took her to the bank and they assured her that since she has no other funds coming into her account, they cannot put a lien on her check.

She told them that but they continue to harrass her telling her that they have ways to "trick" the bank into getting into her account. Is there a law to prevent this kind of harrassement? They're literally making her sick with these calls.

Palm Springs, California

This report was posted on Ripoff Report on 05/31/2008 08:14 PM and is a permanent record located here: http://www.ripoffreport.com/reports/capital-management-services-lp-resurgent-capital-services/buffalo-new-york-14210/capital-management-services-lp-resurgent-capital-services-elder-abuse-buffalo-new-york-336106. 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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Updates & Rebuttals

#1 UPDATE Employee

This is Harassment

AUTHOR: Justice Finder With Lvnv - (U.S.A.)

Your writing clearly states that its a harassment. First of all under FDCPA they cant call u twice or more in a day if its a right party contact(that means they spoke with the debtor the same day). Under FDCPA if u say *stop calling me* they have to stop phone calls to you. Third they cant claim misleading information or actions(they dont intend to take or cant do legally) like they claim about your bank information under FDCPA. Fourth they can't threaten on calls.======RECORD THE CALLS NEXT TIME AND CONTACT AN ATTORNEY=====

Monica Aggarwal
(((ROR redacted)))
CLICK here to see why Rip-off Report, as a matter of policy, deleted either a phone number, link or e-mail address from this Report.
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#2 Consumer Suggestion

I agree with the first response

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

File complaints with your Aunt's AG office and the AG office(s) where the business is located.
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#3 UPDATE Employee

Resurgent Capital

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

I work for this company and I find it very insane that you are saying all these nasty things. We do not condone abouse of any kind to our customers. We go through and extensive training process and customer service process to relate to our customers. We would NEVER tell a customer if they can afford to eat they can afford to pay. That is just crazy. Also, we have NEVER EVER EVER told any customer we will put a lein on their bank. I personaly take the incoming and make the outgoing calls to our customers and there are only certin things we are allowed to say due to FEDERAL LAW. All of my co-workers and I have the upmost respect for customers because we have been there we know what its like to owe money and not be able to pay. Our company works like this. We buy old credit card or other debt and then contact the customers and offer them 2 ways to pay the old debt. First is by transfering the debt to a VISA credit card issued thru Plains Commerce Bank in South Dakota. It is REAL credit card and can be used as such. Our second option is a flexable payment option. Thats it. thats all we do. We dont 'trick' anybody, especialy a bank, into giving us money. We record all conversations and keep them for proof of customers saying its ok to make payment arrangements. Customers have to mail in payments or call with debit card numbers or we have recorded proff of customers willingly giving us bank info for payments. We are regulated by the govt and are liscensed for collections of old debts. We are also members of the BBB.
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#4 Consumer Suggestion

She has rights... Record the conversation.. file complaints

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

I symthpathize with you. This is not right to abuse a person to get sick. I would start by recording those calls. Try radioshack for cord to hook up to the phone. I would file with attorney General of your state . Do not let her give them any information. they will lie and threaten.

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