by Paul Mankin

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by Paul Mankin

Is the collection agency Affiliated Management Services harassing you?

In the world of debt collection, there are many that attempt to scam and swindle you out of money simply by preying on your fears and anxiety. These kinds of people come in many shapes and forms, some that even run under a legitimate business banner.

Because of this, it is important to always vet and verify whether or not the company that is attempting to call you has any credibility. Debt collection harassment and robocalls are rampant in the current day and age. One such company you may be contacted by is Affiliated Management Services. Here are a few notes about them that will help you verify if the bill is legitimate.

What is Affiliated Management Services?

Currently, there is no listed business for Affiliated Management Services. There is a listed Affiliated Management Services, Inc. within the Better Business Bureau, who are based out of Mission, Kansas. However, there is a chance that this is not the one that is mentioned, as there have been accounts of near-identical names being used for companies in an attempt to siphon business, as well as scam people through shadowing a legitimate company.

However, we will follow the assumption that Affiliated Management Services and Affiliated Management Services, Inc. are one and the same per the article.

Is Affiliated Management Services a legit Debt Collection Agency?

From what is seen, Affiliated Management Services, Inc. is a legitimate company. On the Better Business Bureau website, they are seen to have been in operation since 1987, and have been in business for 32 years and counting. Although they are not accredited, they have an A+ rating through the BBB. However, this does not factor in customer reviews that have been made on the website.

Affiliated Management Services Contact Information

Address: 5651 Broadmoor St, Mission, KS 66202-2407

Phone Number: 1-913-677-9470

Other Phone: 1-800-221-1314

Website: http://www.affmgmt.net

Does Affiliated Management Services have Complaints against them?

Currently, Affiliated Management Services, Inc. have 2 listed complaints against them on the BBB website. Both were filed within the year 2019, with one being at the beginning of the year, and the other in August of 2019.

There have been numerous claims against a company named Affiliated Management Services in the Consumer Financial Protection Bureau Consumer Complaint Database. There are 21 listed complaints against AFFMS.

What kind of Complaints have been made?

Both of the complaints from the BBB were due to billing and collections. No details were available for these complaints, but they are both listed as closed and answered/resolved.

The complaints from the CFPB directory cover a wide variety of  issues, with the most recent one in November of 2019 listed as the bill coming from identity theft. There are also accounts stating that Affiliated Management Services attempted to collect improper amounts, as well as attempting to collect on already paid debts.

Lastly, there are some of these complaints that state that Affiliated Management Services did not properly notify victims that they had a right to dispute the claims. This issue can be seen with many different complaints spanning 2018 and 2017 complaints logged in the CFPB. There are also complaints of debt collector harassment and abusive language, as well as improper information being given to debtees in an attempt to extort payments.

Are the Practices of Affiliated Management Services Legal?

Although debt collection in itself is not illegal, some of the practices are. In the instances above, many can be considered illegal. For instance, constant harassment and calls are against federal law. The same can be said for improper information management, or falsified information.

All such practices that are currently illegal can be found under the Fair Debt Collection Practices Act, or FDCPA. This act ensures that tactics that are considered abusive or negative are not used in an attempt to extort or pressure debtors to pay up on a debt.

These can include the use of robocalls, late night calls, continuous harassment even after you have asked them to stop calling, and other such methods of extortion.

How can I protect myself and fight back against Affiliated Management Services?

There are plenty of ways to protect yourself against such malicious attacks by predatory debt collectors. The first is to understand your personal rights as a debtor. As a debtor, understand that debt collector harassment is very much an illegal practice, Understand what is considered to be an overreach on the debt collectors parts, and understand that you can ask for verification and authorization for the debt as well. Even if they use abusive language and threaten you with physical assault, understand that you have the right to stand your ground against them.

Another way you can protect yourself is to hire yourself an experienced and knowledgeable debt collection harassment lawyer or attorney. We here at Law Office of Paul Mankin, APC we have a strong set of collection harassment attorneys that are able to not only help you stop the debt collector harassment, but also report the harassment to the proper authorities. They can help you build a solid case against the harassment as well, and ensure that you are properly compensated for the emotional and possible physical damage that you have sustained.

If you or someone you love has been a target of harassment, debt collector wrong number and robo calls, or have been threatened with legal abuse, then contact us at 1-800-219-3577. Let us help you against the harassment of debt collectors.

by Paul Mankin

Can My Car Be Repossessed Without A Valid Lien On It?

If you operate on a tight budget or simply prefer to find automobiles on a deal, buying a used car through a private sale (purchasing a vehicle off Craigslist, AutoTrader, or from someone other than a dealer) might be the car-buying route for you.  While some avoid these scenarios for lack of mechanical knowledge or lack of dealer guarantees, others will gladly take on the risk of a private sale due to the bargains they can find. If this is the type of auto deal for you, be sure to consider the scenario in which a recently purchased vehicle may face potential repossession issues if any delinquent loans exist on the car.

What Is A Car Repossession?

Unless you have dealt with a car loan gone wrong in the past, you may not understand what a repossession is. If an car or truck is purchased by way of a loan, the lender will require hold a security interest or lien on the vehicle.  In the event that the borrower does not abide by the loan repayment terms, the lender may seek to take back possession of the vehicle. The process of taking the vehicle back is known as repossession.

What happens during a Repossession?

After the agreed to terms of a loan are not met (The most common broken term of a loan is failing to make timely payments), the lender will usually seek to be made whole through some form of legal remedy. The lender may have options through late fees and penalties (and preemptively getting the loan back on track), demanding the balance of the loan be paid in full (this is known as payment acceleration), filing a lawsuit against the borrower for the full contract amount, or by repossessing the vehicle.

If vehicle repossession is the route a lender chooses to go, the lender will attempt to obtain the vehicle by a legally permissible method. In California, a lender must hire a licensed repossession agency to repossess a vehicle.  A lender will usually hire a repossession agency and order the repossession of a vehicle without notifying the borrower in order to avoid the risk of the borrower trying to hide the vehicle from repossession.

Once the repossession order is received, the repossession agency will send one of its repossession agents to search and locate the vehicle.  Once the vehicle is located, the repossession agency will attempt to repossess the vehicle.

After the vehicle is repossessed, the lender is required to hold the vehicle for fifteen (15) days after sending a notice of intent to dispose the vehicle to the borrower.  This notice gives the borrower fifteen (15) days, and in some cases, up to twenty-five (25) days to reinstate the contract or redeem the vehicle.

If vehicle is not redeemed or the contract is not reinstated within the time allowed, the lender/finance company will sell the vehicle at a public or private auction.  Once a sale of the repossessed asset is confirmed as the final solution, the lender will go through a sale and look to collect the loan differential through a lawsuit or collections.

Your Rights After A Vehicle Repossession:

Although you may be in the wrong for not paying your car payment on time, that does not mean the repossessing party can just walk all over you.  In California, there are consumer protection that limit how a car or truck repossession can take place.

These rights include, but are not limited to:

• The right to object to a repossession moments before it takes place
• The right of disputing whether the repossession is valid; and
• The right against a breach of peace during an attempted repossession

Repossession by Lender of A Previous Owner:

Now what if you purchased your vehicle from someone else that has a delinquent loan on it. For example, a car purchased through a private party via a Craigslist ad. If you were to buy this vehicle and the third-party lender wants to repossess the car for an unpaid loan, can that lender show up and take the vehicle from you?

The answer to this question is very similar to any legal suit – it depends.

The facts and evidence surrounding the situation will vary the outcome greatly.  Here are some general scenarios to consider:

Mistake by Previous Owner’s Lender/Finance Company:

If the previous owner of the car paid the loan off, it may be a situation where the previous owner’s lender did not properly update their bookkeeping. In this situation, the previous owner’s finance company most likely does not have the legal right to repossess the vehicle, and therefore it would be an unlawful repossession.  Since the auto loan was paid off, the finance company no longer has a security interest or lien on the vehicle.  In fact, the finance company has no right to any additional money because the previous owner had already fully paid back the loan.  Unfortunately. this sort of mistaken but illegal repossession commonly occurs.   

Car Title Washing:

Something a Craigslist purchaser should really be worried about is the threat of purchasing a vehicle with a “washed title”.  A “washed title” occurs when somehow the DMV issues a new title for a vehicle that does not include the finance company’s lien information on the title even though the lender did not release the lien.  For example, if Lender XYZ is still owed money on a loan for a vehicle, Lender XYZ will be listed on the vehicle’s title as a lien-holder.  Title washing occurs when a new title for the vehicle is issued by the DMV (maybe from a different state) and it does not list Lender XYZ’s as a lien-holder.  To a new purchaser, it will appear like the seller owns the car free and clear and is able to transfer title to the new buyer without having to payoff Lender XYZ. 

A new buyer is in a very difficult position if he or she purchases a vehicle with a “washed title”.  In this situation, both the lender and the new buyer have been defrauded by the seller.  Both the new buyer and the lender will make arguments that each should be entitled to ownership of the vehicle.  Who wins this argument will depend on whether the new buyer is a Bonafide Purchaser for Value without Notice.

Bonafide Purchaser for Value without Notice:

This is a common law concept that may or may not be familiar to you as a reader. While the statutory or case law elements of a bonafide purchaser may vary state-to-state, the general idea of a bonafide purchaser is someone who made a good faith purchase for value without knowledge of any bad faith elements that may exist from a particular seller.

An example of this can be seen during the private sale of an automobile. A seller might list a car for sale at its book value, but the car actually has an outstanding loan on it that the seller has defaulted on. If, for some reason, the car title shows no record of an outstanding lien on the automobile, then the purchaser (new buyer) would have no reason to suspect the threat of a third-party repossession claim.

If you fall into this category when purchasing a vehicle that is now being repossessed, what rights do you have to protect yourself from simply having to lose your newly purchased vehicle?

Bonafide Purchaser Rights:

If the buyer is a bonafide purchaser for value, the buyer would most likely have a legitimate wrongful repossession claim and would be able to go forward with legal action to keep the vehicle. While it is not guaranteed and most definitely dependent on the evidence at hand, the buyer would have a much better chance at keeping the vehicle if his or her “hands are clean” in the transaction process. If he or she paid fair market value for the vehicle and had no reason to believe the seller was acting in bad faith, the buyer can present this case in a court of law.

How to Protect Yourself:

If you are caught within a repossession conflict, or fear that you will be getting your vehicle repossessed, then here are a few things you should know.

The first and foremost, if you are confronted by the repossession agent, you do not need to fear physical violence. Any and all threats made against you, your family, your friends, or even your property, is an illegal breach of the peace by the repossession agent, and can be grounds for a case.

A repossession agent may not enter a secured area of your property or break locks and fences in an attempt to repossess your vehicle illegally. If you tell the repossession agent that you do not allow them to go through your property, they are not allowed to do so.

The repossession agent may not use the police force to strong-arm you into allowing the agent to gain entry onto your property. The police force, and any other civil servant from the government, must remain unbiased and impartial to either party. Make sure to know your rights when it comes to the law, even if the police attempt to tell you otherwise during the repossession negotiations.

Make sure to document each and every interaction with the repossession agent(s). This includes any letters, messages, and physical interactions you may have. It may also help to keep any pictures and videos of interactions, and before and after images of your property, in case a breaking and entering case occurs.

If you purchased a vehicle from a private party, and your new vehicle is repossessed by a lender or finance company claiming a right to the vehicle, contact an attorney right away.

by Paul Mankin

Is the debt collection agency American Billing Service of Jacksonville harassing you?

American Billing Service of Jacksonville may be a long name on paper, but that doesn’t take away from their services. If you have been contacted by them, you more than likely have heard that you are supposed to pay a bill or debt rendered by a debt holder. American Billing Service of Jacksonville is a debt collection agency.

However, some of the methods they employ are less than legal. As such, here are the things you need to know in order to protect yourself from potentially illegal methods of collections from debt collectors.

What is American Billing Service of Jacksonville?

Also known as American Billing Service, ABS of Jacksonville is a debt collection agency that focuses on the Northeast Florida area, as well as the Southeast Atlantic area. There is no current listed CEO or owner for this business. However, they have been in business for quite some time. 

Is American Billing Service of Jacksonville a legit Debt Collection Agency?

It appears that they are a legitimate business. However, that is slightly skewed as there is very little information on their business. Although the Better Business Bureau had reached out to them for more information, they made no effort in responding with basic information.

This is a company that was started in 2001, and has been in business for 18 years. They currently are stated to also go by the name American Billing Service of Jacksonville International, Inc. They currently have no BBB rating, as there are not enough customer reviews for a calculation. They also have no business reviews or complaints on their BBB webpage.

American Billing Service of Jacksonville Contact Information

Address: 4161 Carmichael Ave., #210 Jacksonville, FL 32207

Phone Number: 1-904-399-3818

Fax Number: 1-904-399-5797

Does American Billing Service of Jacksonville have Complaints against them?

American Billing Service of Jacksonville does not have any complaints lodged against them on any of the general information websites. The BBB currently holds no information on complaints or reviews on their debt collection agency.

The Consumer Financial Protection Bureau’s Consumer Complaint Database also holds no information on this particular collection agency. Although we have attempted to research the company, there are no listed complaints against them.

Has American Billing Service of Jacksonville had any lawsuits filed against it?

Yes, although there are no listed complaints or reviews against them, there is a case that has been brought up about them. In 2011, there is an alleged violation against American Billing Service of Jacksonville, Inc. This case is known as Jon-Michael Price and Anita Pass vs. American Billing Service of Jacksonville, Inc. According to PACER, it is alleged that ABS of Jacksonville started contacting Jon-Michael Price and Anita Pass regularly over a debt owed by a relative. Even though both Jon-Michael and Anita asked them to stop, they continued, harassing them over a number of months. They also threatened to continue calling them until they provided the phone number of said relative.  If true, these actions violate the Fair Debt Collection Practices Act (FDCPA) and the Rosenthal Fair Debt Collections Practices Act (RFDCPA).

Were American Billing Service of Jacksonville’s practices legal?

Of the practices mentioned above, American Billing Service of Jacksonville have broken many laws surrounding debt collection within the United States. According to the Fair Debt Collection Practices Act’s (FDCPA) rules and guidelines, a debt collection agency may not use abusive or verbal harassment in an attempt to collect on a debt. They may also only request and call during certain periods, and not late at night or early in the morning. Furthermore, they may not excessively call if the party request them to stop.

Not only that, they broke one of the most primary rules that is listed within the FDCPA. In the FDPCA guidelines and laws, it states that a debt collection agency may not, under any circumstances, contact or call a family member or coworker that is related to the debtee. In this case, ABS of Jacksonville has violated many of these rules, and as such, are deemed to not have legal practices.

How can I protect myself and fight back against American Billing Service of Jacksonville?

There are plenty of ways for you to protect yourself against such harassing offenses from American Billing Service of Jacksonville. The first step is to always verify a debt that has been given to you. Verification can be done a number of ways, such as asking for the original debt holder, as well as the debt amount. If they cannot do so, then you do not have to pay them a dime.

Second is to hire a proper debt collection harassment attorney, such as Jon-Michael Price and Anita Pass did. We here at the Law Office of Paul Mankin, APC we have a host of experienced and well-versed debt collection harassment attorneys that will be able to help you during your case. Not only are we able to help identify debt collection harassment, but we can also help you stop the harassment, as well as report the harassment to the courts and laws that will punish them for their illegal activity.

Not only can we help you to defend against creditor harassment, we can also help to build a case, and assist you in understanding where the illegal collection patterns are for debt collectors. We are also able to help facilitate any communications or discussions between the parties, ensuring that nothing you say can be used against you.

The most important bit of information in your fight is to always remain vigilant. No matter who you have at your side, it can seem like a daunting battle against such a large company and agency. If you have ever been the subject of:

• Multiple calls per week from a third-party collection agency
• Multiple calls in the early morning or late night from debt collectors.
• Violent and belligerent language and harassment from debt collectors.
• Threats of arrests or poor credit due to outstanding debts.
• Having your friends, family, and coworkers harassed from debt collectors.
• Automated robocalls from third party collection agencies.

Then you may have a case available. So do not wait, make sure to give us a call, and get started fighting back against the debt collection harassment.

by Paul Mankin

Is the collection agency Action Collection Service, Inc. (ID) harassing you?

Action Collection Service, Inc. (ID) (aka Interstate Collections of Idaho)

Action Collection Service, Inc. (ACS) is an Idaho-based, multi-state collections agency specializing in collection, recovery, and monitoring of delinquent balances. They were established in 1961, claim to be fully insured, licensed and bonded in Idaho, Oregon, Washington, Montana, Alaska, and Hawaii, and now have approximately 60 employees under the management of Tom R. Merrel.

ACS is a member of the American Collectors Association and offers complete, comprehensive debt collection and recovery including the following menu of services: Professional Skip Tracing, Forwarding, Correspondence Response, Specialized Check Recovery, Progress Reporting, Dispute Arbitration and Resolution, Credit Influencing, Electronic Account Listing, Client Web Access.

Headquarters Business Address:

6148 N. Discovery Way, Suite 100

Boise, ID 83713

Headquarters Mailing Address:

PO Box 5425

Boise, ID 83705

(208) 529-8800 (main)

(208) 246-8719 (sales)

(208) 345-1436 (fax)

Idaho Falls Business Address:

370 N Holmes Avenue

Idaho Falls ID 83405

Idaho Falls Mailing Address:

PO Box 51180

Idaho Falls ID 83405

(208) 529-8800

http://www.actioncollectionservice.com

Some additional phone numbers associated with Action’s lawful, as well as potential unlawful, collection efforts include (208) 345-1750 and (844) 842-1750.

Action Collection Service, Inc. has a D- rating from the Better Business Bureau (BBB) and is not BBB-accredited. Action’s BBB file was opened on September 1, 1993 and currently has a 2-star overall review rating and two official BBB complaints. Notably, Action also has 45 CFPB complaints. Idaho’s Action Collection Service, Inc. is listed on Yelp and has a 1-star rating average from two total consumer reviews.

Action Collection Service, Inc. has been in business long enough to earn itself a fair amount of legal disputes, including complaints that cover many of the prohibited activities covered under state and federal debt collection laws. One notable case was filed in Washington for collection actions taken in 2015. It was filed as a class action lawsuit against Action Collection Services, Inc. for failing to identify itself as a debt collector in all communications to many of the debtors it targeted during the preceding period of time.

Additional complaints made by consumers against Action include: rude phone calls; employees trying to collect a different amount over the phone when the debtor trying to pay their account than what is demanded in writing; unreasonable phone calls even after payment arrangements have been made; harassment over old debt that they cannot legally collect; yelling and calling debtors criminals and bad people; failing to respond to debtors attempting to reach Action to make the demanded payments or otherwise respond to Action’s communications.

Action Collection Service’s collection practices, as reported by consumers, may very well be unlawful under state and/or federal law. More information regarding complaints regarding Idaho-based collectors can be found at https://www.ag.idaho.gov/consumer-protection/consumer-complaints/. To learn more about how the federal government regulates debt collection and protects debtors and other individuals from collector harassment, see FTC Debt Collection pamphlet.

If you believe you have a claim for collector harassment or are a victim of another violation of state or federal debtor’s rights, you should speak with a consumer rights attorney or debt collector harassment lawyer immediately. Contact us today at 1-800-219-3577 to discuss your matter and see how we can help at no cost to you.

by Paul Mankin

Credit Report Errors

WHAT ARE THE MOST COMMON FCRA VIOLATIONS?

Under the Fair Credit Reporting Act (FCRA), credit reporting agencies—e.g., TransUnion, Equifax, and Experian—are required to report fair and accurate information about a consumer’s financial history. When a credit reporter fails to abide by the regulations set forth in the FCRA, the consequences to the affected consumer can be devastating.

An FCRA violation can result in an unfairly reduced credit score, which could prevent a consumer from obtaining a credit card or a loan for a house or a lease for a car. For many, the inability to secure vehicle financing might mean losing—or being prevented from getting—a job or being unable to take care of one’s family. The FCRA may be designed to protect consumers’ credit reports but it doesn’t police itself, so it is in every consumer’s interest to know what FCRA violations look like and how to address them.

The most common FCRA violations deal with reporting inaccurate or outdated information. Some inaccurate or outdated information is easy enough for the average consumer to identify, whereas other information requires somewhat more specific knowledge of the FCRA regulations. For example, a consumer can readily identify when a paid account is marked as ‘delinquent’ or when a voluntarily closed account is marked as ‘active.’ It might, however, be less obvious to the average consumer that it is an FCRA violation to report debt on the report of a consumer who is merely an authorized user of the account.

Common types of FCRA violations due to reporting inaccurate information include:

• Marking a timely made payment as ‘missed’ or ‘late’.
• Reporting a credit account on the report of anyone other than the debtor.
• Failing to change the status of a charge-off account once it has been paid or settled.
• Stating an inaccurate account balance.
• Reporting ‘mixed’ information from two or more individuals on a single consumer’s report.

FCRA violations based on outdated information can be more difficult to identify due to the complex rules around statutes of limitation and debt re-aging. There is a statutory limit to how long an agency may report a negative credit event (or “trade line”), and the length of time is based on the type of event: 2 years (credit history requests), 7 years (missed payments; most public record items, such as court judgments; chapter 13 bankruptcy), or 10 years (paid closed accounts; chapters 7, 11 and 12 bankruptcies).

Common types of FCRA violations due to reporting outdated information include:

• Reporting debts as ‘new’ or ‘current’ after the statute of limitations for reporting has run.
• Continuing to report a debt that was discharged in bankruptcy.
• Maintaining an account listing as ‘active’ after it was closed by the consumer.

Credit reporters can also run afoul of FCRA regulations by failing to provide adequate procedures for reporting identity theft or for disputing a credit report trade line. A consumer who had been victimized by identity theft should promptly notify each of the three primary credit reporting bureaus of the theft and routinely check their credit report to ensure no inaccurate information was reported after providing notice. Likewise, a consumer should not hesitate to follow up with a reporting bureau after filing a trade line dispute. Credit reporters have 30 days to resolve the dispute once it is opened, and failure to properly investigate a dispute or to resolve it within the statutory time period is a violation of the FCRA.

 

WHAT IS THE FAIR CREDIT REPORTING ACT (FCRA)?

Enacted in 1970, the Fair Credit Reporting Act (FCRA) is the set of Federal regulations governing how credit-related financial information is managed and protected, including how it is collected, processed, reported, and accessed. With fairness and privacy as its primary focus, the Act creates a baseline for consumer credit security across the U.S., the protections of which may be augmented—but not mitigated—by individual state legislatures.

While the FCRA addresses critical privacy considerations by, in brief, limiting the types of financial information that may be reported and with whom that information may be shared, the Act puts most of its weight behind fair management of factors affecting access to, and the cost of, borrowed assets by regulating how credit scores are calculated.

The FCRA specifically targets consumer fairness by defining the types of reportable credit events (or “trade lines”), as well as the age limits of credit-related financial information that may be collected, processed, and reported by credit reporting bureaus (or “agencies”). Presently in the U.S., there are three such agencies that handle the vast majority of standard consumer credit reporting: TransUnion, Experian, and Equifax. These names should be familiar to anyone who has reviewed a consumer credit report, as the agencies’ respective credit scores, as well as the line item data used to generate the scores, are provided together in a typical consumer credit report.

Notably, the FCRA further promotes fairness in credit reporting by mandating no-cost access to a consumer’s own credit report, including report details from each of the big three reporting bureaus. In addition to basic credit accounts, a standard credit report might include other types of trade lines, such as cell phone or utility payment history, tax debt, bankruptcy, or outstanding legal judgment. Under the Act, a consumer is entitled to obtain a free annual report, though many online services are now available to consumers interested in monitoring their credit scores on a more frequent or ongoing basis (e.g., CreditKarma).

The right to access one’s credit information enables a consumer to monitor his credit activity and empowers him to take corrective action by identifying and disputing erroneously reported debts or other credit events (i.e., “trade lines”) affecting his credit score. When checking one’s credit report, it is tempting to look no further than the overall combined score, as the sheer volume of information provided by the three bureaus can be overwhelming. It is critical, however, to look at each of the three scores from the independent reporting agencies, as the independent scores can vary, each being capable of substantially affecting the combined reported credit score.

The cause of variance among scores may be as simple as a slight difference in bureau calculation or as critical as a reporting error based on a false or fraudulent claim by an ill-intentioned creditor. Score variance can also result from an agency’s failure to drop a trade line after it has been resolved or otherwise nullified, such as after the expiration of the statute of limitations for reporting on a specific type of credit account.

It is also important to carefully review the content of all three reports when disputing a trade line because resolving a dispute with one—i.e., successfully removing a trade line—will not affect.

by Paul Mankin

Are you being harassed by the debt collection agency ACA Receivables Company?

What is ACA Receivables Company?

The ACA Receivables Company is currently listed as a Collections Agency. They currently serve Salt Lake County in Utah, and have been in the business for close to 17 years. They help in collecting on overdue debts, as well as accounts receivables.

Is ACA Receivables Company a legit Debt Collection Agency?

According to the BBB, they are considered to be a legitimate debt collection agency. They were started in 2002, and incorporated in Utah. Since then, their file was opened in 2009 with the Better Business Bureau. They are not accredited through the BBB, and have a rating of NR with the BBB. They also have no listed reviews on the BBB website.

ACA Receivables Company Contact Information

Address: 136 E South Temple Ste 2100, Salt Lake City, UT 84111-1124

Business Management: Mr. John C. Leland, Customer Contact

Phone Number: 1-(877)-223-3791

Does ACA Receivables Company have Complaints against them?

The BBB does not have any listed complaints against ACA Receivables Company at this time. The CFPB consumer complaint database also holds no complaints against the company in their logs either.

However, there are various message boards, such as complaintsboard.com, that have listed ACA Receivables as being harassing and persistent.

What kind of Complaints have been made?

Although there are few in number, the complaints made towards ACA Receivables Company were seen as persistent and harassing phone calls to the victims in question. This includes such things such as calling at various times, inside and outside of legal periods; calling the victim’s workplace; calling the victim’s family and friends.

One such complaint notes that the debt collector from ACA Receivables attempted to call multiple times to the victim, even when told to stop. Once the phone call was done, the call receiver was listed as ACA Receivables Company. However, the representative had stated that they were from American Receivables instead. This put a question of authenticity to the debt, and put the victim on edge.

There has also been mention that they go under the name American Receivables as well. Indeed, on Bloomberg’s profiles of companies, the website listed is www.americanagencies.com. This discrepancy can cause major confusion, and cause improper information and possible attempts of mismanaging clientele background profiles.

Are the Practices of ACA Receivables Company Legal?

Although calling a debtor is not considered illegal, persistent and aggressive calling can be considered illegal. Through what is known as the Fair Debt Collection Practices Act, or FDCPA for short, you are protected against debt collector harassment and excessive abuse. Debt collector harassment can come in many forms, including, but is not limited to:

• Excessive phone calls
• Threatening of legal action
• Robo calls
• Threatening letters and emails
• Harassment of family and friends and coworkers and workplace

These are just a few of the more notable instances of debt collector harassment. Excessive phone calls can include being called at night or midnight, or early in the morning. If a debt collector threatens legal action through a letter or email, it can be considered debt collector harassment.

If you have been contacted before and have no affiliation with the company or debt that they are attempting to contact you about, you may have been a victim of debt collector harassment through a wrong number. This is when a debt collection agency has no discrepancy on who they call. Instead, they call numbers that hold similar names as to who the debtor is, in an attempt to try to fleece you to pay up.

How can I protect myself and fight back against ACA Receivables Company?

There are plenty of ways to protect yourself against attacks and abuse such as this. The most notable way is to get an experienced and professional debt collector harassment lawyer or attorney to help. We here at The Law Office of Paul Mankin, APC have many experienced lawyers that will be able to help you stop the debt collector calls and harassment, as well as report them to the proper authorities. We can also help you to start a no fees lawsuit against illegal activities and practices taken by the agencies, so that you can get compensation from the companies that have made your life difficult.

The most important bit of information in your fight against the harassment of the debt collection agency is to always remain vigilant. No matter who you have at your side, it can seem like a daunting battle against such a large company and agency. If you have ever been the subject of:

• Multiple calls per week from a third party collection agency
• Multiple calls in the early morning or late night from debt collectors.
• Violent and belligerent language and harassment from debt collectors.
• Threats of arrests or poor credit due to outstanding debts.
• Having your friends, family, and coworkers harassed from debt collectors.
• Automated robocalls from third party collection agencies.

Then you may have a case available. So do not wait, make sure to give us a call, and get started fighting back against the debt collection harassment.  Feel free to call us at 1-800-219-3577 for a no obligation free consultation.

by Paul Mankin

Is cedars Business Services, LLC Harassing You?

Cedars Business Services, LLC

Cedars Business Services, LLC is an third-party debt collection agency that does business as Cedar Financial. Cedar Financial specializes in international and domestic debt collections in education, healthcare, commercial, government and retail. Cedar Financial was founded in 1991 and is based in Calabasas, California.

According to its website, Cedar Financial takes a consumer-centered approach to debt collection, but the consumer complaints reported to the Consumer Financial Protection Bureau (CFPB) paint a different picture. The CFPB is a government agency charged with protecting consumers from unfair, deceptive or abusive debt collection practices. Over 100 complaints have been filed with the CFPB regarding Cedar Financial’s unlawful debt collection practices. Consumers complain that Cedar Financial has engaged in the following unlawful debt collection practices:

• Attempting to collect a debt that is not owed by the consumer;
• Improperly discussing the consumer’s debt with a third party
• Threatening to take legal action if payment is not made;
• Continuing to contact consumers after being asked to cease communication; and
• Refusing to validate or provide proof of a debt.

After receiving repeated telephone calls from Cedar Financial, one consumer sent a letter via certified mail to Cedar Financial requesting that they cease from contacting the consumer. Despite receiving the letter, Cedar Financial continued to call the consumer for months on end. The consumer filed a complaint with the CFPB and the matter was resolved to the satisfaction of the consumer.

The Fair Debt Collection Practices Act (FDCPA) and the Rosenthal Fair Debt Collection Practices Act (RDCPA) prohibit debt collectors and creditors from communicating with you after you have informed them in writing to stop communication. Once the debt collector has received a letter from you requesting that all communication stop, the debt collector may only contact you again to either inform you that the debt collector is no longer seeking to collect the debt or to inform you that the debt collector will be filing a lawsuit. Any other forms of communication are a direct violation of the law.

Creditors and debt collectors should be held accountable for these unethical and unlawful practices. If you are being harassed or subjected to any of these, deceptive, or abusive debt collection practices, it is time to hold Cedar Financial accountable. Please contact our office for a free, no obligation consultation at 1-800-219-3577.

by Paul Mankin

Is the debt collection agency Allen Daniel Associates harassing you?

What is Allen Daniel Associates?

Allen Daniel Associates is listed as a debt collection agency that provides debt collection services with the exception of debt buying. They work primarily within Massachusetts and the surrounding areas, providing debt collection services to those interested.

Is Allen Daniel Associates a legit Debt Collection Agency?

Allen Daniel Associates is a legitimate debt collection agency. According to the Better Business Bureau, they have been in business for over 47 years, having been started in 1972. They were recently accredited in 2011 by the BBB, and currently hold an A+ BBB rating. However, they do have a 3 out of 5 star average review from customers on the BBB. They are currently run by Daniel Desatnick and Victoria Desatnick, who are listed as the president and executive director, respectively.

Allen Daniel Associates Contact Information

Address: 159 Overland Road Suite 406 North Waltham, Massachusetts 02451-1703

Other Address: PO Box 541614 Waltham, Massachusetts 02454-1614

Phone Number: 1-800-882-2100

Fax Number: 1-781-647-8866

Website: http://www.payadanow.com

Does Allen Daniel Associates have Complaints against them?

Allen Daniel Associates currently has two reviews on the BBB database.

There are no registered complaints on the Consumer Financial Protection Bureau consumer complaint database as well. A designated search also does not pull up any complaints against a company that may have the Allen Daniel Associates listed within the complaint either.

What kind of Complaints have been made?

Although there have been no formal complaints against Allen Daniel Associates, one of the reviews stated that they attempted to pay Allen Daniel Associates and was unable to send the payment.

However, the complaint was answered by Allen Daniel Associates promptly, and states that the person that filed the review is not an actual customer. The review answer states that they had attempted to contact the reviewer, but the reviewer had not responded. They had also pointed out discrepancies in the statement, stating that they do not “buy” accounts of debt, which lines up with their initial statement about excluding buying debts.

The other review listed shows that the consumer had a great time working with Allen Daniel Associates, and would work with them again if given the chance.

Are the Practices of Allen Daniel Associates Legal?

Although the reviews may be positive, there are still chances that Allen Daniel Associates has used less than legal methods in an attempt to collect on a debt. Attempts with practices such as threatening phone calls, and threatening your well-being, are both considered illegal by the Fair Debt Collection Practices Act. The Fair Debt Collection Practices Act extensively talks about what is and is not allowed by debt collectors. For instance, if you let the debt collection agency know that you do not wish to be contacted or harassed, and they continue to do so, they will be liable for a counter-argument through the Fair Debt Collection Practices Act laws. Although Allen Daniel Associates does seem to be on the more tame side, it is worth noting that you should always be on the lookout in case they attempt to violate your consumer rights.

How can I protect myself and fight back against Allen Daniel Associates?

There are plenty of ways to protect yourself against Allen Daniel Associates if they attempt to harass you about a debt. The first thing to do is to verify the debt. This can be done in a number of ways, from asking for identification through a mailed letter, to registry identification numbers that allow you to look up the debt yourself. Both can be used in a similar manner to verify the debt, and prove or disprove the debt in question.

Another option you can go for is to hire an extensive and well-versed debt collection harassment attorney or lawyer that is experienced in debt collector harassment and debt. Our team of attorneys here at the Law Office of Paul Mankin, APC have experienced debt collection harassment attorneys, and will work with you to not only spot and identify debt collector harassment, but will also work with you to actively stop and report debt collector harassment that is far over the line of legal.

Not only can we help you to defend against harassment, we can also help to build a case, and assist you in understanding where the illegal collection patterns are for debt collectors. We are also able to help facilitate any communications or discussions between the parties, ensuring that nothing you say can be used against you.

The most important bit of information in your fight is to always remain vigilant. No matter who you have at your side, it can seem like a daunting battle against such a large company and agency. If you have ever been the subject of:

• Multiple calls per week from a third party collection agency
• Multiple calls in the early morning or late night from debt collectors.
• Violent and belligerent language and harassment from debt collectors.
• Threats of arrests or poor credit due to outstanding debts.
• Having your friends, family, and coworkers harassed by debt collectors.
• Automated robocalls from third party collection agencies.

Then you may have a case available. So do not wait, make sure to give us a call, and get started fighting back against the debt collection harassment.

by Paul Mankin

Is the debt collection agency Ashwood Financial, Inc., harassing you?

Ashwood Financial Inc. is another debt collection agency that is looking to make it big in the debt collection world. Debt collectors tend to be very scary, and conjure images of men in black coats looking around for you with baseball bats. But with the recent age of technology, debt collectors may never even see you to instill fear.

Such technological advances also allow scammers and illegal debt collectors to skirt around the law. In such cases, it can be difficult to know who is legal and legitimate, and who is practicing illegal methods. Here is what you need to know about Ashwood Financial Inc, and if they need to garner your attention.

What is Ashwood Financial Inc.?

Ashwood Financial Inc., or Ashwood Financial Services, is a debt collection agency that is based out of Indianapolis, Indiana. They work to help those within the Central Indiana area, and serve that district as well. They are run by Pat J. Santangelo, who is listed as the president of the company.

Is Ashwood Financial Inc. a legit Debt Collection Agency?

Ashwood Financial Inc. is considered to be a legitimate debt collection agency. Their Better Business Bureau file was opened in 2008, while the company was started in 1992. They currently hold about 30 employees, and hold an F rating with the BBB for failure to respond to their consumers’ complaints in a timely manner. They also hold an average of 1 star out of 5 stars in rating with customer reviews on the BBB database.

Ashwood Financial Inc. Contact Information

Address: 6325 S East STreet #A, Indianapolis, IN 46227-7111

Phone Number: 1-317-633-6633

Other Phone: 1-800-851-5736

Website: http://www.ashwoodfinancial.com/

Does Ashwood Financial Inc. have Complaints against them?

They have quite a few against them, which is how they received their F rating with the BBB. In the last 3 years, they have had 3 complaints made against them, with only 1 complaint closed within the last month. They also have 2 customer reviews which put them way below an average positive rating.

When searched in the Consumer Financial Protection Bureau’s Consumer Complaint Database, there are 20 listed complaints made against Ashwood Financial Inc.

What kind of Complaints have been made?

Many of the complaints detailed harassment and negligence made by Ashwood Financial Inc. Of the complaints made towards them, all 3 detailed issues with the debt collection method, citing continued threatening language, and harassing phone calls throughout the entire day.

In the CFPB’s CCD, the complaints detail debt collection methods that are illegal and harassing in nature. They detail events such as no notice of a right to dispute, attempts to collect on a debt that is not their own, and consistent robocalls and excessive calls.

According to the online open source database of court records PACER, a case in 2006 saw Ashwood Financial being brought to court over a paltry sum of $65.00 when Ashwood Financial attempted to harass a consumer into paying the $65.00 by threatening legal action.

If true, this is a highly illegal action going against the Fair Debt Collection Practices Act’s (FDCPA) guidelines and standards, which would make Ashwood Financial Inc. in violation of many ordinances and laws.

How can I protect myself and fight back against Ashwood Financial Inc.?

Although it may seem impossible, there are ways to combat the harassment and intrusion that debt collectors practice when they attempt to get their money. To start, if you have been contacted by a representative stating they are with Ashwood Financial Inc, you may ask to verify their contact with the debt collection agency. You may also ask to verify the debt itself, by asking for information about the original debt holder, and getting in contact with the original debt holder. You may also ask that they do not contact you again, and to stop harassing you.

If they continue to harass you and call you, then you may have a case against them. In this instance, we recommend getting yourself a knowledgeable and experienced debt collection attorney or lawyer to help you on your journey. We here at Law Office of Paul Mankin, APC have an excellent team of debt collection harassment attorneys and consumer protection lawyers that have plenty of experience with these sorts of cases. We can help to assist you in getting the harassment to stop, as well as help you report the debt collector harassment to the proper authorities.

Not only can we help you to defend against harassment, we can also help to build a case, and assist you in understanding where the illegal collection patterns are for debt collectors. We are also able to help facilitate any communications or discussions between the parties, ensuring that nothing you say can be used against you.

The most important bit of information in your fight is to always remain vigilant. No matter who you have at your side, it can seem like a daunting battle against such a large company and agency. If you have ever been the subject of:

• Multiple calls per week from a third party collection agency
• Multiple calls in the early morning or late night from debt collectors.
• Violent and belligerent language and harassment from debt collectors.
• Threats of arrests or poor credit due to outstanding debts.
• Having your friends, family, and coworkers harassed from debt collectors.
• Automated robocalls from third party collection agencies.

Then you may have a case available. So do not wait, make sure to give us a call, and get started fighting back against the debt collection harassment.