• Report: #216553
Complaint Review:

Credit Merchant Services

  • Submitted: Wed, October 18, 2006
  • Updated: Thu, November 16, 2006

  • Reported By:KC Kansas
Credit Merchant Services
445 Hamilton Street Suite 1102 New York, New York U.S.A.

Credit Merchaint Services Is trying to get me to pay on a bounced check that does not exist. ripoff New York New York

*Consumer Suggestion: Thanx you

*Consumer Suggestion: Why Bulk Mail Postage rates?

*Consumer Comment: For Marie and Leann

*Consumer Suggestion: Advice for Leann regarding warrant for arrest

*Consumer Suggestion: Western Union equals scam

*Author of original report: more information and update

*Consumer Comment: CMS

*Consumer Suggestion: Marie, they just comitted ANOTHER felony!

*Consumer Comment: Did it actually come "certified"

*Consumer Suggestion: Marie, If You Are In Wyandotte County, Kansas

*Author of original report: Just recieved another letter

*Consumer Suggestion: Marie, that letter from the FTc is just a automated form letter!

*Author of original report: UPDATE

*Author of original report: photo of the exact letter I received

*Consumer Suggestion: They broke the law threatening arrest!

*Author of original report: Oops I meant Check and Merchant Services

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I received a letter from Credit Merchant Services in July 06. It said that I owed $248.00 for writing a fraudulent check 7 years ago to a business. I immediately called this business to inquire about the so called check.

The lady I spoke with searched their computer and found no record of me ever being there. She also did a search of their stored files and found nothing. I then called my bank to see if they had a record of this check, they did not. I then called the number on the letter and was told by Glen Roberts, who I might add had a VERY thick accent, that I owed them $248.00 or I would be charged with check fraud.

I asked him if he could send me a copy of this so called check and he said he would. I never heard back so I assumed that he was just trying to scam me. On October 18th he called my house and left a message saying that I was being charged with check fraud and am being barred from the business the "check" was wrote at and that there was a warrant out for me. I then asked him why he did not send me a copy of the check and he said that he was not allowed because I could use it for fraud.

WHAT KIND OF SENSE DOES THAT MAKE?? He then said that some lawyers would be contacting me with a court date and when I went to court I would be able to see the check and they would then verify my handwriting. I asked him again why couldn't just send me proof and he said that he was just calling to warn me that I was getting charged and hung up.

After calling my bank and the business about this matter and reading about other claims against this company I believe this is a scam. I am going to send them a cease and desist letter and call and inform the guy that the statues of limitations are up on this matter and he will be getting no money from me.

KC, Kansas

This report was posted on Ripoff Report on 10/18/2006 11:06 PM and is a permanent record located here: http://www.ripoffreport.com/reports/credit-merchant-services/new-york-new-york-10607/credit-merchaint-services-is-trying-to-get-me-to-pay-on-a-bounced-check-that-does-not-exis-216553. 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 Consumer Suggestion

Thanx you

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

Thanks for your responses to my question.
I did on the 9th send a certified return receipt request letter that was recieved and delivered on the 13th of November, i have yet gotten any phone calls or letters in the mail from them.

THe lady i had delt with stated she would send a reminder call on the 10th---didnt get
then I was to call and leave her a voice mail with my receipt number---didnt do
and then i never received a call on that Monday the 13th asking where the money was

thanks so much for your advice and help
i am really glad i didnt send this money
ecspecially WU.

Have a happy holiday

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#2 Consumer Suggestion

Why Bulk Mail Postage rates?

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


This thing has SCAM written all over it.

First, they are paying bulk rate postage, 31.7 cents. How many thousand letters are they sending out at a time?

No legitimate bill collector would ever send out a collection letter with the words "Fraud Division" visible in the window of the return address.

Having received more than a few collection notices over the last 3 decades I can honestly say that I have never received one that threatened criminal prosecution. This is not the work of a legitimate collector.

You have already wasted far more time and effort on this matter than I would have. Toss the letter or frame it for laughs, but do not take it seriously. This is a scam artist trying to shake down victims with threats of legal action.
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#3 Consumer Comment

For Marie and Leann

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

Marie -

Pay close attention to Steve's advice, he is right on the money. One additional note, don't even bother to speak with these idiot's on the telephone, despite your recall of anything they say to you they will have selective amnesia regarding the conversation.

Write them a certified letter DEMANDING proof of the check/debt and send it return receipt. Make note of the certified number on a copy of the letter - in some post offices if you take the letter in personally the clerk will place a hand stamped postmark on your copy of the letter as well.

While you are waiting for them to respond go to your local court clerk and request information on filing a small claims lawsuit. After they have not provided the proof, or provided insufficient proof (which is normally the case) file a lawsuit against them for FDCPA violations. As Steve indicated you can receive up to $1000.00 if you win plus costs/damages.

They are CLEARLY in violation here, are highly unlikely to respond/appear in court and there is a chance you will win by default or they will try to settle with you without appearing.

Leann - follow the same steps. Additionally a collector cannot require you pay in a certain form, most certainly WU. They cannot require post dated checks, WU, Moneygram etc.
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#4 Consumer Suggestion

Advice for Leann regarding warrant for arrest

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


If a collection agency has the alleged check, it is highly unlikely any charges have been filed.

Only the person or business the check was written to can bring criminal charges and each state has an amount the check must be for before it is criminal.

Even the threat of arrest by a debt collector is illegal.

Relax, there will be no arrest.
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#5 Consumer Suggestion

Western Union equals scam

AUTHOR: Dave - (Canada)

If they say that WU is the only way they'll accept payment, run.

There is no way you could ever prove that you sent someone money via Western Union. Your receipt only proves that you gave Western Union the money. It does not prove that they received it.

An all-too-easy way to steal money without leaving any proof is to have the victim use Western Union.
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#6 Author of original report

more information and update

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

I have not received a certified letter from them. But I am going to send one to them asking for a copy of the "check". I did call yesterday and a guy answered the phone who sounded just like the Glenn Roberts guy (I'm not to sure though). The guy who answered the phone sent it to that Glenn guys voice mail and I left him a pretty mean message. I just told him that I had contacted the FTC and my attorney general about this and that he was disobeying the law by not sending me a copy of the check. I also told him that I was going to contact them again because of what the new letter had said. I also told him that they should Google themselves because they would see that they are a bunch of crooks and there was no way that I was going to send him money if he couldn't prove to me that I had wrote the check. He still has not called me back.

I never asked them how I should send the money. If they would have told me they only accepted WU I would have probably laughed at him. The letter they sent just had a pay stub that had the amount, my name, and their address.
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#7 Consumer Comment


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

I have a question i recieved a letter from this company actually it was my husband that did. I contacted them and they say that they will only do western union is this true???? i dont want a warrant issued for his arrest so i guess it is the fear of what will happen if i dont pay it.
i offered to do payment 2 of them just pay 70 this week and 70 next week, but they say that they can not do this.

anyway i was just wondering about the western union deal does it have to be mailed this way??

any help will be appreciated!!!

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#8 Consumer Suggestion

Marie, they just comitted ANOTHER felony!

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


That letter implies that they are a law enforcement agency, which is a felony.

Go to your local District Attorney and bring charges against them. Put them scumbags in jail, then sue them for the multiple FDCPA violations!

Nail them!
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#9 Consumer Comment

Did it actually come "certified"

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

from the USPS and did you have to sign for it? Or did they make up their own "certified" looking envelope and just mail it to you?

Send them an actual certified letter-return receipt signature required asking for a copy of the check both front and back. This will debunk their claim that you could use it for fraud and you would have your evidence. I don't think they'd actually respond again after you did that though.
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#10 Consumer Suggestion

Marie, If You Are In Wyandotte County, Kansas

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

make copies of everything you have received and take it directly to the District Attorney's office. If there were any "criminal charges", they would know about it. If it is a scam (and it sounds like it is), they should be told about it immediately. Good luck.
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#11 Author of original report

Just recieved another letter

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

Here is the new letter I recive today 11/07/06:


Dear (so and so),

YOU ARE HEREBY ADVISED that your criminal check fraud case has been transferred to this division for final action. You were previously advised of a recommendation for criminal proceedings against you. This recommendation could result in a warrant being issued for your arrest. This notice, when received via certified mail, shall be constructed as proper service of such notice in subsequent legal proceedings as required by law.

Check Fraud Division

At the bottom of the letter is a part that I can send my money in with. If they are going to charge me and he told me that the case was closed and that I could not pay...WHY do they send a part for me to send back in with my money??
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#12 Consumer Suggestion

Marie, that letter from the FTc is just a automated form letter!

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


FTC complaints are only added to a database for statistical purposes, and are never replied to personally. You got that letter as an auto response to your written complaint.

The FTC does not do any individual enforcement. They act against a collector after a certain number of complaints.

Unfortunately the ONLY recourse we have is a lawsuit. There is no actual enforcement of a consumers rights under the FDCPA. You have to get your own justice.

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#13 Author of original report


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

Letter I just recieved from the FTC about this matter:


Thank you for your correspondence regarding debt collection practices. The Federal Trade Commission enforces the Fair Debt Collection Practices Act ("FDCPA" or "Act"), which prohibits unfair, deceptive and abusive debt collection practices by collection agencies and other third-party debt collectors. It also gives you certain rights when you are being treated improperly by a debt collector. Although the FTC staff is not in a position to intervene on your behalf in resolving your problem, we would like to outline some of the provisions of the Act for you and explain how you can use it to avoid further distress. We note at the outset, however, that the Act generally does not cover either the collection of commercial debts or the collection activities of the party to whom you allegedly owe your debt (the creditor) so long as the creditor is collecting in its own name. The Act applies only to third-party debt collectors collecting consumer debts.

Congress enacted the FDCPA in 1977 in response to mounting evidence of the use of improper debt collection techniques in the marketplace. The Act prohibits several of these techniques, including, for example, disclosing consumers' debts to most third parties without the consumers' consent. It also forbids false threats to coerce payment (such as threats of suit or other actions when they probably will never occur) and any sort of oral harassment (such as threats of violence, profanity, and continuous calls) over the telephone. No calls may be made very early in the morning or late at night, calls to a consumer at work are restricted, and debt collectors may not add charges to the debt unless the consumer has agreed to them or they are permitted by state law. Finally, a debt collector may not sue a consumer outside the district (1) of the consumer's residence or (2) where the contract creating the debt was signed.

If you believe that you do not owe the debt, you may file a dispute with the debt collector. If you do so in writing within thirty days of the date the collector notifies you of this right, the Act requires the collector to stop all collection efforts until it provides you with written verification of the debt. The Act also specifies that the debt collector inform you of this requirement at the beginning of the collection process. If you were not so informed, the collector violated the law.

Instead of filing a dispute, you may choose to send them a letter demanding that the debt collector cease all further collection efforts. If you do so in writing, the Act requires that the collector comply with the demand. We suggest that you send the letter by certified mail, return receipt requested, and keep a copy for your records. Please note, however, that sending a cease communication letter does not prevent the debt collector or the creditor from filing suit against you. It does, however, prevent them from calling you and sending collection notices.

If you believe that the debt collector that is contacting you violated the law in this or any other way, you may additionally:

1) File a complaint with your state or local consumer protection office and/or the party to whom you originally owed the debt (the debt collector's client). If you file a complaint, describe the circumstances in detail and send copies of all written materials received from the collector. Any of these parties might take independent action against the collector.

2) File a private suit against the debt collector in any court for violations of the Act and, if you are successful, receive actual damages, attorney's fees, and additional damages up to $1,000.

Remember, however, that the Act does not function to erase a valid debt, even if a debt collector has violated the law in attempting to collect it from you. If you really owe the debt, you will still have to cope with the consequences of non-payment if you do not pay. Remember also that some collection techniques, while unpleasant or distasteful, are not law violations. For example, a debt collector may:

1) Contact third parties solely to determine where you are, so long as the collector does not disclose the existence of your debt.

2) Contact you at work if the debt collector has no reason to believe that your employer prohibits the contact (and you have not filed a cease-communication request).

3) Use a rude or angry tone on the telephone, if the overall communication with you cannot truly be characterized as abusive or harassing.

4) Threaten consequences of non-payment that are truthful. For example, debt collectors may threaten to sue if suit will, in fact, be the result of non-payment. They also may threaten to report your debt to a credit bureau if, in fact, they intend and are legally able to do so. It is to your advantage to know the probable result of withholding payment, if it is accurate.

5) Accept or solicit a post-dated check, if the collector does not deposit it before the date on the check.

6) Refuse to accept a partial payment for a debt (even if you had such an arrangement with the creditor). If there is more than one debt, the collector must credit the account that you designate.

If you owe the debt, we suggest that, before you resort to some of the stronger measures outlined above, you try to work out any payment difficulties, first with the debt collector and next with your creditor. Finally, if you decide to proceed further, or if you think that the collector or creditor is about to take legal action against you, be sure to contact your local legal aid office or an attorney for advice.

Like the FDCPA provisions discussed above, you may also find certain Fair Credit Reporting Act (FCRA) provisions helpful if you believe that a debt collector is providing inaccurate information about you to a credit bureau. To fully protect your rights under the FCRA, we strongly recommend that you dispute the credit report item in writing to both the credit bureau and the debt collector. When you dispute the item to the credit bureau, the FCRA requires that the credit bureau pass your dispute to the debt collector, along with all relevant information you provided. The debt collector must investigate the dispute (which includes a review of the information you provided) and report what it found to the credit bureau within thirty days after you first disputed the item to the credit bureau.

During this same period, the credit bureau must also review the information you provided. If the debt collector reports that the credit report item is incorrect and should be deleted, or fails to report to the credit bureau at all within the thirty-day period, the credit bureau must delete the item from its files. If the debt collector reports that the item is inaccurate and should be changed to a less delinquent status (e.g., 30 days late, rather than 120 days late), but not deleted, the credit bureau must make that change in its files.

We hope that this information has been helpful to you. Please be assured that we are always interested in reports of law violations. If we cannot act immediately to remedy them, we will retain whatever you have provided for possible use in future enforcement actions. The efficacy of our FDCPA enforcement program is largely dependent upon information we receive from individuals like you. Thank you for writing.

Sincerely yours,

Consumer Response Center

1. Fair Debt Collection (CRE-18)
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#14 Author of original report

photo of the exact letter I received

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


Hopefully they will keep the link on here with a copy of the letter they are sending out to people. For some reason I cannot save it to my computer. If it is not at the top Google:

And click on the link titled:
Barry Sussman has reinvented himself

The photo of the exact letter I received is on that blog under the title:
Check and merchant Services is starting to become a rash on the a*s of society

Sorry about all the steps.
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#15 Consumer Suggestion

They broke the law threatening arrest!

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

It is illegal for any collector to imply or thtreaten that you will be arrested. It is also illegal for a collector to pursue collections after you dispute a debt and request validation.

As soon as you requested a copy, they were obligated to provide it, or cease collections activity.

Every city and county have bad check divisions. If you wrote a bad check, all they had to do was turn it over for prosecution.

Go to FTC.gov and file a complaint online against them.

I would file a lawsuit against them to recover damages allowed under the provisions of the FDCPA. Up to $1000 plus actual costs and damages.
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#16 Author of original report

Oops I meant Check and Merchant Services

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

The company name is Check and Mercant Services
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