Complaint Review: CACH LLC; CACV LLC; COLLECT AMERICA; SESSOMS & ROGERS P.A - DENVER Colorado

Collect America buys old debts for nexts to nothing adds tons of interest and fees to the account and then stops at nothing too collect it. I had a two year nightmare with these scum bags.They will pull your credit report to see where you live ,work and what you own. They will call your work and try to embarress you. They will lie and say just about anything to get money from you. They will make deals and after you sent them a payment they will change the terms or lie and say they never made any deal.If they know your working they most likely will sue you. This is what they did to me, and even after I file bankruptcy to stop the law suite they filed for a judgement.They claimed they never got the federal court filing the court sent them. Lying mother f**king a*****e.it wasn't until I told them I was filing charges agianst them in Bankruptcy court for liolation of STAY they got scared and stopped. If they don't have a law office in your area or you prove to them they are in error about the debt they will most likely just resale the debt to another debt buying company. My account which was discharge in the chapter 7 filing was still resold again and I have to show the new debt junk buyer it had been discharged. It's like dealing with the devil.

""To address your issue of them wanting to verify your ss#, that is the law(FDCPA)"" You're full of horse doo doo. There is NOTHING in the FDCPA that requires any consumer debtor to reveal any personal information, let alone their SSN, to any debt collector. ""if you refuse to do so they will not discuss anything w/u & really that is for your protection."" More horse doo doo. It is for the debt collector's protection (and possibly to conduct a search to see if the debtor has ASSETS which may be pursued to offset the alleged debt). There are other means besides the SSN to verify that they are dealing with the correct person. If these clowns didn't have such shoddy skip tracing proceedures, they wouldn't have to worry about this. ""Beleive it or not I have been in that field for over 10yrs and you wld be suprised how people get hold of other peoples mail or ph mesg. So you may want to think about calling the firm and setting up some type of resonable payment plan."" Still more doo doo. NEVER negotiate a settlement with a DEBT COLLECTOR-EVER! In most cases, a settlement with a debt collector only gets that collector off your back. The CREDITOR is free to come after you later for the remainder of the debt. If a debtor is going to negotiate a settlement, do so with only the CREDITOR and get the settlement in writing before paying a dime. Further, make sure the settlement indicates that the creditor will report the debt to the CRAs as "paid as agreed." If they're not willing to do this, then what's the point of the settlement? In a negotiation, the parties envolved GIVE and GET something; they get your money and the debtor gets reported as "paid as agreed." ""It's unfortunate that for what ever reason you were unable to pay at the time but you can make this right and not to mention you can repair your credit in the process."" Indeed-by reaching a settlement with the CREDITOR - - NOT the debt collector. ""I hope this informantion has been helpful to you"" It hasn't - you're full of doo doo.

Let me first start by clarifying something for you. Just because the company has charged the acccount off and placed a neg rating on your credit report doesnt mean that you no longer owe or are responsible for that debt. It simply means that you havent paid on the debt you owe for a long period of time( normally more than 180 days) & the account has been closed. Im sure that bank of america tried to collect on this acct themselves and obviously were not successful in doing so at which point they hired a firm to represent them in collecting what is owed to them. What will possibly and more than likely happen at this point is they will and can pursue legal action against you,( judgements, liens on personal property etc) which they have every right to. Once a law firm is hired bank of america can't really discuss the acct w/u they will just refer you to the firm who is handling it. Also let me say that all law firms are not debt buyers, so it is very likely that this firm is actually representing them. Iam very familar w/ nc law and w/ a lot of the Creditors Rights Firms and Iam certain this firm your referring to has not purchased this debt but is representing BOF. To address your issue of them wanting to verify your ss#, that is the law(FDCPA) if you refuse to do so they will not discuss anything w/u & really that is for your protection. Beleive it or not I have been in that field for over 10yrs and you wld be suprised how people get hold of other peoples mail or ph mesg. So you may want to think about calling the firm and setting up some type of resonable payment plan. After all you admit you owe the debt, so why not do whats right and repay your obligation. It's unfortunate that for what ever reason you were unable to pay at the time but you can make this right and not to mention you can repair your credit in the process. Im not sure what you told the police dept for them to actually go to the firm, in all my years I have never seen this happen, normally the police dept and sheriffs dept are very familar w/these firms because the sheriffs dept normally serves the summons, and helps seize personal prty inorder to pay twrds the debts owed. I hope this informantion has been helpful to you

Collect America, under any of their "names," has a method of operation for their multi-million dollar business. I've dealt with these people whom I consider bottom feeders, or actually lower if you can get that low, that feed on the downtrodden of society and hard times debtors may have come into. Here's a bit: First, yes, Bank of America or any other CREDITOR, can charge off a bad debt if they don't believe they'll be able to collect on it. They can keep attempting, but more times than not, they SELL the account to a junk debt purchaser, such as Collect America. They usually buy these junk debts for pennies on the dollar, and then attempt to collect the FULL amount of the original debt plus interest. They have no problem giving it to one of their collection attorney scoundrels in their network, who will sue you after a little time. The first thing to do is this. Never give your money to a debt collector for any reason, period. There is no law that says that you have to deal with them at all for that matter, and you can send them a cease all communication letter letting them know you will discuss this matter with the creditor. Never let them confuse you into thinking that they are the creditor, because they are not. Their attorney network is not, they are not...period. The law is specific about who the creditor is...and that's Bank of America only. In your cease comm letter, and you can find an excellent example of one at budhibbs.com you let them know that you have no desire to work with a collection agency under any circumstance. Remember, NEVER give the collector a dime! EVER! If you do, you'll make it more difficult to deal with them, and can even get your credit reports to show date of last payment as when you paid them, thus extending the time it will be on your bureaus. YOU have the power over them, never forget that, and never let them scare you. You were correct in not giving out your social security number, NEVER do that, EVER. Don't give them ANY personal information about you, especially where you bank or work. NEVER...that is the key....NEVER EVER. Good luck! Keep up the good fight!

I agree completely with John but do not go to wikipedia for the answers. Wikipedia is an open database that can be changed at any time by any Tom, d**k or Harry that wants to falsify information somewhere. Look up the laws and know your rights but go somewhere else to do it. Find a more trusted source.

Form 3949A? For reporting abuse/fraud on a tax return? The OP didn't mention that they received a 1099 for the charge-off. A charge-off is a legally accepted accounting practice when an entity doesn't believe that they will be able to collect the full amount on a receivable. B of A can still charge off an account, claim it on their taxes, and still collect on it. The only difference is that they will need to report any further payments as new income rather than as an A/R collection. And they haven't committed tax fraud until they actually collect money on it - and not report it.

Form 3949A? For reporting abuse/fraud on a tax return? The OP didn't mention that they received a 1099 for the charge-off. A charge-off is a legally accepted accounting practice when an entity doesn't believe that they will be able to collect the full amount on a receivable. B of A can still charge off an account, claim it on their taxes, and still collect on it. The only difference is that they will need to report any further payments as new income rather than as an A/R collection. And they haven't committed tax fraud until they actually collect money on it - and not report it.

Form 3949A? For reporting abuse/fraud on a tax return? The OP didn't mention that they received a 1099 for the charge-off. A charge-off is a legally accepted accounting practice when an entity doesn't believe that they will be able to collect the full amount on a receivable. B of A can still charge off an account, claim it on their taxes, and still collect on it. The only difference is that they will need to report any further payments as new income rather than as an A/R collection. And they haven't committed tax fraud until they actually collect money on it - and not report it.

Form 3949A? For reporting abuse/fraud on a tax return? The OP didn't mention that they received a 1099 for the charge-off. A charge-off is a legally accepted accounting practice when an entity doesn't believe that they will be able to collect the full amount on a receivable. B of A can still charge off an account, claim it on their taxes, and still collect on it. The only difference is that they will need to report any further payments as new income rather than as an A/R collection. And they haven't committed tax fraud until they actually collect money on it - and not report it.

B of A has become notorious for these types of Issues. Make copies of everything you have and send it by Certified Mail to Federal Trade Commission in Washington and Also to Secret Service and United States Postal Inspectors. You can also Download Form 3949A from Internal Revenue Service and Report them to recieve a Reward. With as much trouble as they are in along with Washington Mutual, Chase, Providian and CitiBank you would think they would be a little more considerate. Good Luck!

Yes, this is a big sleazy collection agency but it is not a fraudulent outfit....calling the police on them won't stop collection activity or make the situtation go away if this is a legitimate debt, which apparently it is from what you describe. Your first step should always be to request validation of the debt. Send them a letter via Certified Mail + Return Receipt stating: Per the Fair Debt Collection Practices Act, I am requesting written validation of this alleged debt Read up on the Fair Debt Collection Practices Act and understand your rights: http://en.wikipedia.org/wiki/Fair_Debt_Collection_Practices_Act

Yes, this is a big sleazy collection agency but it is not a fraudulent outfit....calling the police on them won't stop collection activity or make the situtation go away if this is a legitimate debt, which apparently it is from what you describe. Your first step should always be to request validation of the debt. Send them a letter via Certified Mail + Return Receipt stating: Per the Fair Debt Collection Practices Act, I am requesting written validation of this alleged debt Read up on the Fair Debt Collection Practices Act and understand your rights: http://en.wikipedia.org/wiki/Fair_Debt_Collection_Practices_Act

Yes, this is a big sleazy collection agency but it is not a fraudulent outfit....calling the police on them won't stop collection activity or make the situtation go away if this is a legitimate debt, which apparently it is from what you describe. Your first step should always be to request validation of the debt. Send them a letter via Certified Mail + Return Receipt stating: Per the Fair Debt Collection Practices Act, I am requesting written validation of this alleged debt Read up on the Fair Debt Collection Practices Act and understand your rights: http://en.wikipedia.org/wiki/Fair_Debt_Collection_Practices_Act