- Report: #491900
Complaint Review: Capital Management Services LP - Buffalo New York
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Author Not Confirmed
Why?
Capital Management Services LP
726 Exchange Street, Suite 700 Buffalo, 14210 New York, United States of America
Phone:
866-464-39
Web:
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Capital Management Services, LP Capital Management Services said we had Debt, but we don't! Buffalo, New York
My complaint is with Capital Management Services, LP located in Buffalo, NY. My husband received a few messages on our machine asking him to call regarding an important business matter - whatever! Out of curiosity, I looked up the phone number on the internet and was able to do some research on them before calling them. I knew they were up to something.
I ended up calling them and the lady told us that there was a $6000 credit card debt. What?! My husband hasn't had this particular card for many, many years and only uses one real credit card. This card is not even on his credit report. I believe this card had only a $500 credit limit, too. Scary, she had his last 4-digits of his SS#.
This is so bogus. We even pulled up his credit report that same evening and nothing was on it....but it did have this agency listed as asking to look at it. How did they get permission to look at someone else's credit report? This is when fraudelent things happen. This is not the end of this story....
Needless to say that my husband's been unemployed since last Dec and I'm now looking for a job. We don't need this "extra pleasure" in our lives.
2 Updates & Rebuttals
John
Louisville,Kentucky,
U.S.A.
advise
#2Consumer Comment
Thu, January 28, 2010
There is a statute of limitations for credit card debt, which is the amount of time that they can successfully take legal action against you for the debt. This time period varies for each state. You can find this time period for your state by going to the link below and looking under "Open Accounts."
http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml
If the number of years since you defaulted on this account and stopped making payments on it is greater than the number listed for your state, then they can no longer defeat you in any court action because the debt is time-barred and you dont have to pay it back.
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This debt is probably time-barred and you don't have to pay it back:
Technically, a debt collector can come after you forever for defaulted debt...however, once the statute of limitations is up...they've lost the power to successfully take legal action. Per the Fair Debt Collection Practices Act, you can send them a "cease communications" letter and that will be all that you need to do. Per this law they must cease collection activity.
Send the collection agency a letter via Certified Mail + Return Receipt (NOT regular mail) stating:
Per the Fair Debt Collection Practices Act, cease all communications with me about this alleged debt. This letter has been mailed via Certified Mail with Return Receipt. Receipt of this letter is being officially time stamped.
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- By themselves, debt collectors have absolutely no legal power over you.,
- Stay off the phone...if they call...hang up
Paulasbestbet
Buffalo,New York,
United States of America
Ask questions!There may be a reason for this.
#3UPDATE EX-employee responds
Thu, January 28, 2010
I read your report on Capital Management Services,and I think I might be able to help you with some information. First, let me say, that whenever a consumer gets a credit card,or any line of credit;part of the terms of agreements normally includes the ability of the credit grantor and its affiliates to report and update your credit report. When your husband initially opened the card he agreed that from then on the original creditor and the collection agencies that collect on the debt have the right to obtain his credit report until the debt is paid and his credit report updated.
You said that your husband DID at one time have the card that they referenced. I find that alot of people expect to only have to repay the credit limit of the card when it was first opened. This is a common misconception. When you open a line of credit terms of that agreement are also accompanied with the initial application. Things such as a schedule of fees and interest. Where the credit card companies get people is that the interest can still accrue even after a debt is charged off,and since people sign up for these lines of credit they obligate themselves to pay interest.late fees,etc..... the longer the debt goes unpaid the bigger it gets.
As far as it not being on your husbands credit report,you should check on your states statute of limitations. Each state has a statute of limitation on how long a debt can go before it becomes noncollectable. For most states, i do believe it is about six or seven years. Some are shorter others are longer,also , check to see if his credit report has the balance on it possibly under a different creditors name.
If the debt is "Out of stats" for the most part it wont show up, but if it is an interest bearing account it still can remain active.
I hope this helps
