Accounts Receivable Management ripoff Thorofare New Jersey

This response to to the ex-employee of ARMS who was responding to Ms. Denise's letter.  Don't worry Denise, this ex employee is wrong in all kinds of ways!

First of all, Mr. Nichols is incorrect in implying or stating, or even leading the alleged debtor to believe that he is an attorney.  Second, just because a case goes to court is not automatic wage garnishment.  This is what a lot of people do not understand.  Even if a personal legitimately owes money to a legal business that pursues to collect by filing a complaint and then serving a summons on the debtor, there is a court date in place on the summons.  Next, if the person appears in court, there will not be a default judgment.  If there is no default judgment, there is no wage garnishment.  You can tell the judge that you are willing to make payments.  The judge will tell you that you will be allowed to make payments.  They cannot just go in and garnish your wages. Also, if he is implying that there are court documents, there better be.  It is a huge violation of the FDCPA to say that you are going to take someone to court and then don't or do not even intend to do so.  Also, if this person was actually never sent a packet, that is another violation.  Most people that owe legitimate companies money do not just quit paying for fun. These morons need to learn the law if they are going to work for these seedy collection companies.  The time wasted by posting illogical garble on these sites to scare people could be better spent learning what the collections laws actually are.

I agree collection company's have their place and have a job to do. However, they should be required like all others to do their job accurately. I have continually received numerous phone calls for a person who doesnt exist here and I do not know.

call Lemberg and Associates they take your case for free and can get you up to $1000 back and you still never pay them anything! I am working with them on a case involving another scumbag collection agency National Credit Adjusters.  These idiots ARM just called me too saying I owe Compass bank a student loan for $350 through Chase bank which makes no sense as to why I would not owe Chase if that's where it came from I mean does Compass not have $350 dollars to lend or do they have to ask Chase for it confusing.  Needless to say I OWE NOTHING and know my rights and the poor collector was shaking through the phone and stuttering the whole time and then said he would get the exact date of the supposed debt then hung up.  I have a Compass bank account and told dumbass if I owed them I think they would have got their money.  My intentions were to not pay them one cent even if I did owe it I was gonna call Compass directly and pay them IF I did owe it.  Trust me they will not refuse your money if you owe them.  Go directly to the original creditor first if you plan on paying your debt and DO NOT EVER talk to these idiots they buy this crap for pennies of what you owe so therefore why should you fund their scams also the original creditor gets a tax write off for charging it off s their not out completely either.

I also have some issues with these guys.

In June 09 I received a new credit card and went to spending (responsibly) and after reading the paperwork and fine print.

In Aug 09 I get the first statement, I spent $112.83 yet the bill was $988.71.  I paid $112.83 plus the interest and sent a letter to the bank issuing the card stating I wanted the account closed.

Jun 10 I get my first contact from Accounts Receivable Management. I explained to them very nicely the situation and they gave me their fax and told me to fax them the documents.  I refused, asked for their physical or US Postal address so I could certify it -- they didn't like that too much because it took me about 30 mins to talk the address out of them.  Finally I got it, and sent them the contract I received, the "fine print" with the schedule of fees and a copy of my rebuttal to the issuing bank, as well as a copy of responses sent back from Experian and Equifax stating that the claims made against my credit were removed due to "subdued/hidden fee schedule".

I hear nothing back from them....

Now March 11 I get a call... I tell them "Look I have already sent you guys a packet of information about this issue and it should be resolved"... The agent then apologized and hung up.

And now this month I have received 8 more calls about this, and finally got a hold of a manager that says "We never received that packet of information"

WELL!  HE HAS BEEN CAUGHT RED-HANDED and I'm sure being I sent the packet via CERTIFIED US POSTAL it is a case of federal perjury because I have both the copy of each slip of paper sent plus the copy of the certified receipt with the numbers on it!

Now what am I supposed to do?  Would seem I have them by the balls at this point right?  How do you get them to stop calling without having to spend $5,000.00 for a retainer to get an attorney to shut them up?

From your report, it seems like there was absolutely no wrong-doing on the part of Marvin Nichols or Accounts Receivable Management. From what I understand, you moved/changed your phone number, never notified the company with whom you have an outstanding balance with, and now you're frustrated because they found you and want you to pay the balance immediately.

Some points to consider:

1. Marvin Nichols is a real person, and his name really is Marvin.. He has recently resigned from ARM, and is now working for another debt collection agency.

2. Debt collectors do not snoke crack, especially those who work for ARM.

3. When you decided to accept the credit HSBC extended to you, you signed a contract that, among other things, legally and financially obligated you to pay back the debt within a certain period of time.

4. The contract also required you to notify the company anytime and every time you: a) changed your phone number, b) changed your mailing address, c) changed your physical address, d) changed your name and/or marital status, and so on. If you failed to do so, then you accept the reprocussions when they can't get ahold of you, and those attempts to the last known address they have for you will count against you in court.

5. If the only phone number a debt collector has for you in your work phone number, they are legally allowed to continue contacting you there as many times as they need to, to get you to pay back your debt. This includes the state of Massachusetts. If you didn't want to be called at work, you should have both given them your valid home phone number and answered it when they called, and asked them to stop calling you at work after you provided that information.

6. If you had paid back the money that you borrowed like you were supposed to, none of this would have happened. This is a result of your own actions, and no one elses. To put it bluntly, this is your fault.

7. Marvin was not incorrect when he said you would be sued. If he was unable to get you to pay your bill, HSBC would have filed suit against you with the help of ARM, by way of providing HSBC the information they need about contacting you and your responses.

8. Marvin did not break any laws in this situation.

9. Marvin did not make himself out to be an attorney from what I read. He simply told you that you would be sued if you didn't pay your bill, and he was 100% correct.

10. If you aren't going to be responsible and both pay your bill and provide the company with a way to contact you when you move or change your phone number, you've broken the terms of your contract, and you should seriously reconsider accepting an extension of credit if you can't handle your responsibilities.

In summation, ARM and Marvin Nichols do not appear to have done anything wrong in this situation. The only person who appears to be at fault is you. Pay your bills on time, or accept the reprocussions and stop taking getting credit cards and racking up bills that you can't afford to pay.

Okay, here we go again, these people are unreal!!
Over the weekend I now received a letter in the mail that they would accept 700. as full payment for the debt.
Now on Monday at around 3:30 PM I again received a call from "Marvin Nichols" he abruptly says, not knowing if he was talking to me, are you gonna pay your bill, this is your last chance. I then hung up. He proceeded to call again, and again a 3rd time. I told him he was harrassing me and hung up!
Now my boss overhears me, and I get hauled into his office. Who do these people think they are!! If I lose my job because of him, he and his company are gonna get sued!! I am at the end of my rope with this guy. Please help!!

Once they receive your request for an explanation of their claim, they can not file suit until at least 30 days after sending you a response. Also make it clear that they are not allowed to call you at work or anywhere else.

If they file suit within the 30 days, you can ask for a dismissal.

A plaintiff must send a full description of their complaint to the defendant and they must make every reasonable attempt to resolve the complaint before prevailing upon the court for relief. They are required to send a "Final Demand" before filing suit.

Once you receive their response,which will be nothing more than a fabricated "Account Validation" letter,they are now locked into what they send as their case. Send them this response,if it seems appropriate.

___________________
Upon review of your claim, here are my conclusions.
I have never had any type of account with you. I do not owe you any money. Your "Account Validation" statement and your claim are frivolous and worthless. You have no interest in any matter related to me. Even if you previously had any right to bring suit in this matter,the time to do so has expired. I am denying your claim and all of your allegations. You have already commited numerous violations of the law in your conduct thus far. I will consider any furtherance or continuance of this matter to be illegal,improper and unethical. I am well aware of my rights in this matter and I am ready to take whatever actions necessary to protect those rights. I am now asking you to immediately cease and desist from all further attempts to contact or communicate with me.

____________________

Once they have this opposition, they can not file their usual claim. Their usual claim is what I call an unopposed minimum filing.This amounts to an affidavit and a petition.
But,now if they try to file the minimum claim,it will be considered to be known to be frivolous when it is filed.

A frivolous claim is actionable, if it is known to be frivolous when it is filed it is called "Malicious Prosecution" and it is illegal.

My opinion is, don't pay these guys anything.
They never deserved to be paid in the first place but when they started with the terror tactics they really blew it.

Good news Denise,

Under Massachusetts laws, a debt collector is limited to contacting your place of employment twice within a 30 day period. Marvin broke this in a few hours by the sound of it.

Also, this is one of the only states in which an oral request to cease calls is enforceable.

When he said that he could get your wages garnished, did he mention that such action requires a judicial order?

Those are all violations of state debt collection laws in Massachusetts. What may not have been a violation is possible using a fake name. Massachusetts does allow for debt collectors to use alias names, but they have to be registered first.

The saga continues, on Thursday August 10th around 4 PM again I received a call from "Marvin Nichols", mind you I was at work and had told him previously not to call me at work!! He was very very rude, I had no choice but to talk because I am the receptionist at my place of business. I said listen, I'm not talking to you, you played the part of an attorney yesterday and hung up the phone

He proceeded to call again, so I hung up again. Then a 3rd time an agent here picked up the phone, and she told him I had stepped out, that I did do, my blood pressure must have been sky high, but if that wasn't enough, he called a 4th time and a different agent picked up the phone and he asked for the address here, my work place!

I cannot believe this guy!! I have already send a report over to the FTC and plan on talking to attorney general!

By the way, thanks for the advice Tom, I will do exactly what you said!

The saga continues, on Thursday August 10th around 4 PM again I received a call from "Marvin Nichols", mind you I was at work and had told him previously not to call me at work!! He was very very rude, I had no choice but to talk because I am the receptionist at my place of business. I said listen, I'm not talking to you, you played the part of an attorney yesterday and hung up the phone

He proceeded to call again, so I hung up again. Then a 3rd time an agent here picked up the phone, and she told him I had stepped out, that I did do, my blood pressure must have been sky high, but if that wasn't enough, he called a 4th time and a different agent picked up the phone and he asked for the address here, my work place!

I cannot believe this guy!! I have already send a report over to the FTC and plan on talking to attorney general!

By the way, thanks for the advice Tom, I will do exactly what you said!

The saga continues, on Thursday August 10th around 4 PM again I received a call from "Marvin Nichols", mind you I was at work and had told him previously not to call me at work!! He was very very rude, I had no choice but to talk because I am the receptionist at my place of business. I said listen, I'm not talking to you, you played the part of an attorney yesterday and hung up the phone

He proceeded to call again, so I hung up again. Then a 3rd time an agent here picked up the phone, and she told him I had stepped out, that I did do, my blood pressure must have been sky high, but if that wasn't enough, he called a 4th time and a different agent picked up the phone and he asked for the address here, my work place!

I cannot believe this guy!! I have already send a report over to the FTC and plan on talking to attorney general!

By the way, thanks for the advice Tom, I will do exactly what you said!

Number One,like Steve says: Stay off of the phone. Never talk to these guys on the phone.

Number Two: There probably is no "Marvin Nichols". Every name these guys give out is phony. Usually the fake name they give out is determined by how they have classified you. So they know anyone asking for a certain name is labeled a certain way, like: "Sucker" or easy mark.

3)Don't be so sure you owe THESE GUYS anything.

4) Write them a letter stating that you do not understand their claim and that you request a full and complete explanation of their claim including all details and supporting documentation. Tell them that this is their one chance to present their claim, so they had better include everything they want considered.Also say that they have 30 days to respond to your request or you will assume they have quit their claim. Also say: please only contact me in writing by mail at:ADDRESS. Send this certified.

5)If, after reading their letter, you decide that you do not owe them anything; write them a letter telling them that you do not owe them anything. (See other posts for exact details)

6)Only if their letter clearly convinces you that you actually owe THEM money, should you make any offer to settle. If all they send is an "Account Verification" statement, you should find this to be unacceptable because it does not explain why you owe THEM anything.(Hint:This is all you will get).

7)Even if you did have an account with HSB, how is this any of Accounts Receivable Management's business? (Hint:It's not).

8)I probably shouldn't even tell you this because I don't think you should pay them anything. But if you are dead set on paying you should know how to do it on your terms. This is what you say,in a letter:

__________________
I am not convinced that I owe you anything,however I am willing to settle this matter for a total of $1000.00 to be paid in 36 monthly installments of $27.78 each at zero percent interest. I will have the right to skip any 5 payments at any time by sending you notice of skip payment on time, with the skipped payment being added to the end of the payments. The late charge for any late payment or notice of skip payment will be $5.00. I will not be considered in default until any payment or notice of skip payment is at least 60 days late. This is the best and only offer I will make. If you do not accept this offer, I am fully prepared to defend against any attempt you may make to try to collect.

This is not an admission of liability, it is an offer to settle an unresolved issue.

This offer expires at exactly: DATE AND TIME.

I may withdraw this offer at any time by sending you notice of such by fax or mail, with the withdrawl taking effect upon arrival at your office.

___________

Think about how you have been treated. They've already lied to you and jerked you around. Do you really want to pay these guys anything?I would'nt.

You can beat them if you really want to. They make a lot of threats about garnishing wages and so forth but they're full of baloney.

If you want to tell these guys where they can go, the info on how to do it is in the other collection agency posts.

___________________
General info for everyone: (Don't try to use if you are not sure how to).

Many states limit the types of causes of action that are assignable. Check your state code related to assignments if an assignment is clearly specified.

Often only causes of action "ex contractu" (from a contract) are assignable. You can argue that a cause of action arising from a credit card default is not assignable.

Also, credit card accounts are not assignable to any company not qualified to issue and service credit card accounts. And you must be notified of any assignment and be given the opportunity to close the account before it is legal. They must issue you a credit card equal to what you had before. Closed accounts are not assignable because they don't exist.

If the only purpose of the assignment is to try to collect an alleged debt, then it is a cause of action, by definition.

And just because a cause of action is assigned does not mean you have lost the right to challenge the original alleged obligation.

If you want to challenge the assignment or the original alleged obligation, you should notify the collection agency and the court, if a lawsuit has been filed, that you are challenging the assignment and the alleged original obligation and that you consider the original alleged creditor an "indispensible party".You could,theoretically, call into the action and into court the entire chain of custody, back to the alleged original creditor.

Rarely does a collection agency clearly specify an assignment. They usually only vaguely hint at it. They bring suit as if you had an account with them, which makes it simple to beat.

And check your Statute of Limitations, it's always a great out if the time is up.

Denise,

Never speak to any collector on the phone! Never agree to anything!! IGNORE ALL COLLECTORS. Never ignore a summons. Very rarely does any collection ageny/debt buyer actually file a lawsuit.

Read other posts on debt collection here on ROR as they cover every aspect of fighting these jerks.

The entire burden of proof is always on the collector. Make them work for it! Most won't. They will simply crawl back to thier cubicle and reach for the crack pipe.

So what if he was an attorney? That means nothing and should never make you feel intimidated. That "attorney" has no more power to do anything to to than the scumbag debt collector.. This is why you NEVER speak to any debt collector.

I cannot figure out why this concept is so hard to understand. Our society as a whole needs to get out a little bit more and find out how things work and learn about our personal rights as citizens. Collectors prey on ignorance.