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Report: #451626

Complaint Review: Brock & Scott, Bullhead Investments - Winston-Salem North Carolina

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  • Reported By: Greenville South Carolina
  • Author Confirmed What's this?
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  • Brock & Scott, Bullhead Investments 1315 Westbrook Plaza Dr Winston-Salem, North Carolina U.S.A.

Brock & Scott, Bullhead Investments Violators of FDCPA, Heavily litigating in North Carolina, South Carolina Winston-Salem North Carolina

*Consumer Suggestion: file in Federal court

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Brock & Scott is the law firm, and Bullhead Investments is the Plaintiff. These entities began a partnership in early 2008 as junk debt collectors. They are operating heavily in both North and South Carolina.

I followed all of the steps in the Fair Debt Collection Practices Act, but they have mostly ignored them. A few days after receiving my request for debt validation (which I am sure they do not have), they opened a suit against me here in South Carolina. Totally illegal--they must provide proof of debt or stop collecting. Their filing included a letter that was in no way the letter I received from them, and although it referenced "debt information" that was supposedly attached to the complaint, none was. They did include an affadavit that that supposedly proves that they are the owners of the debt--that affadavit is produced and signed in their own office. Not exactly proof.

I sent a counterclaim noting their violations, stipulating their false filing statements, and asking for dismissal with prejudice (they can't bring back the suit). They have now filed a Motion to dismiss my counterclaim with some gobbledegook about how they're not actually debt-collectors (of course they are) and that an affadavit signed by their own employee is proof of a debt.

Go here, an article in the local paper: http://www.thesunnews.com/news/local/story/893906.html for an article on this company. It says that consumers should FIGHT against this bullying (Bullhead, hmph.)

[[Always, always, always, file a dispute of claim within 30 days of receiving any notice of debt--some are legitimate, but there are many scammers out there. Send it by mail so that the postcard comes back with their receipt. There are many ways to request, and you can find some form letters online, but mostly just make sure you write and tell them that you don't know who they are, what they are asking for, and ask them to prove that they own this debt.

NEVER talk to anyone on the phone who is trying to collect a debt. Tell them immediately that you are not able to speak on the phone and they need to send you written information only. Hang up if they continue. Do not be drawn into a nice conversation or a contentious one--it is all about them collecting as much info as they can about you and your family and your situation. ]]

Marimac
Greenville, South Carolina
U.S.A.

This report was posted on Ripoff Report on 05/13/2009 06:48 PM and is a permanent record located here: https://www.ripoffreport.com/reports/brock-scott-bullhead-investments/winston-salem-north-carolina-27103/brock-scott-bullhead-investments-violators-of-fdcpa-heavily-litigating-in-north-caroli-451626. 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. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
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#1 Consumer Suggestion

file in Federal court

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

POSTED: Friday, June 19, 2009

You need to file in US Federal Court, violation of debt collection FDCPA / debt reporting FCRA, demand jury trial. That will instantly get their attention and their focus; countersuit in County Court of Common Pleas is fine but is really only tinkering around the edges. There's a US Fed Court in either G'ville or S'burg SC.

Get yourself an attorney that specializes in this very stuff ... I KNOW all too well how hard finding one in SC can be. After 2 years of looking, I finally found one just last month for a friend in Florence County SC & Fed suits filed. Already see real results. B&S settlement pending that appears satisfactory. Please help yourself & contact Penny Hays Cauley www.hayscauley.net ... I'll bet dollars to donuts she can help you & it'll be on terms you can afford ... costs you nothing to confirm.

FYI, B&S principals also own Channel Group; another JDB similar to Bullhead. B&S also represents lenders in LOTSA foreclosures. B&S also operates in Tennessee.

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