Re: Re: Re: Re: Licensed DOESN"T MEAN OUT OF LUCK! Note..also found this:MANAGER- TENNESSEE CODE ANNOTATED requires that â??every collection service shall have, for each location which business is conducted, a location manager who has passed the Collection Service Board Examinationâ?. LICENSE FEE- After the Board has approved your application, you may obtain a Collection Service Board license by submitting a fee of six hundred dollars ($600.00). YOU WILL BE NOTIFIED UPON APPROVAL. SOLICITOR IDENTIFICATION CARD- No person may act as a solicitor for any collection service unless he/she possess a valid solicitorâ??s identification card. Solicitor cards may be obtained by submitting twenty-five dollars ($25.00) for each card requested. Do you have names on those letters that you could see if they have met thier requirements on these? Let's rack up as many as we can find, even those that are "weaker"....and I'm off to work, but would like to give this more time when I get back this evening, OK?
Re: Re: Re: Re: Licensed DOESN"T MEAN OUT OF LUCK! quote: -------------------------------------------------------------------------------- Originally posted by Shorty-red Nana (aka. queen of state licensing and bond requirements... *grin*) LOL...made me blush...LOL... Have a question for you....however, to make this thread shorter, I've posted the links to TN Code and Board of Collection Services Rules of Conduct, so you can follow me... Go to Lexis Nexis, State :TN 62-20-105 and 62-20-104(g) Now, http://www.state.tn.us/sos/rules/0320/0320.htm Pay attention to :0320-2-.01 & 0320-2-.02 (b) Here's the situation: TL listed on CR as Sherman Acquisitions (SA), received letter from Capital Management (CM) that they had been engaged by SA. I sent Validation letters to both CM (Buffalo, NY), and SA at address listed on my CR (PO box in Greenville, SC) Both signed on 12/30/03. CM sent me letter dated 12/30, received 1/3, stating that they've requested verification from SA, and of course asking me to call them for account inquiries (as if I'm that stupid..*grin*) Just curious, they called it "verification?" *Yes, I believe so, but it is at home and I am at work. Will check to be positive and post this evening* Alegis Group (AG) sends me a letter dated 12/31, I received today stating that this account was "purchased" by SA, and "placed" with AG for servicing. There are two different addresses on letter from AG (15 S. Main St., Greenville, SC, and PO Box 741148, Houston, TX). Also the envelope was postmarked from zip 14304. (Searched USPS-This is a Niagra Falls, NY zip) Searched TN License Roster, www.state.tn.us/cgi-bin/commerce/roster2.pl CM and AG are licensed, but address listed for AG is 9700 Bissonnet Street, Su 2000,Houston , TX 77036. Also, I believe they violated Rules of Conduct : 0320-2-.02 (b)...top of "letter" from AG looks like a statement, you know the kind with the perforated section that usually says, return this portion with payent...well right above perforation, in small type(less than 10 point I'm sure) it says"IMPORTANT: To receive proper credit, be sure to enclose this portion wiht your payment in full." Then the body of the letter tellms me that this acct was purchased by SA and placed with AG for servicing. Does it have the "thisis an attempt to collect a debt.." blurb on it? *Yes @ the bottom * Couple of questions for you: 1. Aren't these facts violations of TN Collections Law? It clearly says that they have to include their actual business address in any "advertisement" and I'm going to say this does not meet that requirement. Initially, I wondered if the word "advertisement" was a loophole but I believe not..though I would welcome other opinions on that one....Butch? *Just curious..is the font size 10 or more? Did they use the words to make it seem like a legal "department" or "affiliation." I think the stationary issue is weaker..but I'm here to tell you that, when filing a complaint, I throw in weak to strong. It is the job of the state to determine the actual violations and I certainly wouldn't leave it out. *All of it is at least a size 10 font, except the statement that says "IMPORTANT: To receive proper credit, be sure to enclose this portion with your payment in full." which is right above the perforation, between the account infomation, and the body of the letter* 2. If so, how many violations can you find? see above 3. Should I contact my AG? No..you need to file a complaint at http://www.state.tn.us/commerce/boa...complaint.html. If they find violations, they will forward to AG. Thanks, Shorty -------------------------------------------------------------------------------- Note..also found this:MANAGER- TENNESSEE CODE ANNOTATED requires that â??every collection service shall have, for each location which business is conducted, a location manager who has passed the Collection Service Board Examinationâ?. *True, but a few sections later, it states that they may operate for up to a year without a Location Manager, and the last section is titled "Loss of LM"* LICENSE FEE- After the Board has approved your application, you may obtain a Collection Service Board license by submitting a fee of six hundred dollars ($600.00). YOU WILL BE NOTIFIED UPON APPROVAL. SOLICITOR IDENTIFICATION CARD- No person may act as a solicitor for any collection service unless he/she possess a valid solicitorâ??s identification card. Solicitor cards may be obtained by submitting twenty-five dollars ($25.00) for each card requested. Do you have names on those letters that you could see if they have met thier requirements on these? *Neither one are signed -surprise surprise-but I enclosed a declaration asking for a signature, with printed name and title, and name of bonding agent with my validation letter* Let's rack up as many as we can find, even those that are "weaker"....and I'm off to work, but would like to give this more time when I get back this evening, OK? *Works for me* ~NanaC~ Like a broken record, NanaC was known to wander, mumbling over and over: "PLEASE Check state requirements for CA's before doing anything." Using State Laws to get rid of CA's Credit After BK CreditRepairFriends Thanks Nana, Shorty
Re: Re: Re: Re: Licensed DOESN"T MEAN OUT OF LUCK! Nana, I'm home now and here is exactly what the letter says, except for my name *grin* and acronyms...... Dear Ms. Shorty, CM is in receipt of your recent correspondence requesting veification of your account being handled by our office. Our office has requested this information from our client, SA. Once we have received the information from SA, it will be forwarded to you. Our representatives are trained to offer assistance regarding this obligation. For account inquiries, please call CMI toll free at (888)**** ****. Should you wish to dicuss the manner in which your account has been handled, please call our Compliance Office toll free at (800) **** ****. We are a professional collection agency attempting to collect a debt. Any information obtained will be used for that purpose. *Important Info may be found on the back of this notice* Sincerely, CM Back of letter has.. additional information for some states. Additional information for TN residents This collection agency is licensed by the Collection Agency Board of the State of Commerce and Insurance. I included a cease and desist paragraph in my validation letter that all future communication must be done in writing.....Do they think I'm stupid enough to turn around and call????? Okay, now the letter from AG says.... Dear Shorty, notice no Ms. :-( Re: Account ******* This account was purchased by SA and placed with ag for servicing. We have received your recent inquiry regarding htis account and are in the process of investigating your claim. Once a determination is made, we will contact you with the results of our research. If you have any questions, please contact one of our Account Service Representatives toll-free at 1-800-***-****, Sincerely, Account Resolutions Dept. AG, LP How can SA, have 2 ca's handling the same account? First, this wasn't an inquiry, it was a "request for validation". Second, no "determination" should be needed, either you can validate or you can't. It's not like I asked them to decide to do something for me. idiots!!!!
Re: Re: Re: Re: Licensed DOESN"T MEAN OUT OF LUCK! Nana, I'm home now and here is exactly what the letter says, except for my name *grin* and acronyms...... Dear Ms. Shorty, CM is in receipt of your recent correspondence requesting verification of your account being handled by our office. Our office has requested this information from our client, SA. Once we have received the information from SA, it will be forwarded to you. Our representatives are trained to offer assistance regarding this obligation. For account inquiries, please call CMI toll free at (888)**** ****. Should you wish to dicuss the manner in which your account has been handled, please call our Compliance Office toll free at (800) **** ****. We are a professional collection agency attempting to collect a debt. Any information obtained will be used for that purpose. *Important Info may be found on the back of this notice* Sincerely, CM Back of letter has.. additional information for some states. Additional information for TN residents This collection agency is licensed by the Collection Agency Board of the State of Commerce and Insurance. I included a cease and desist paragraph in both validation letters to CM & SA, stating that all future communication must be done in writing.....Do they believe I'll just rush to the phone now????? Okay, now the letter from AG says.... Dear Shorty, notice no Ms. :-( Re: Account ******* This account was purchased by SA and placed with AG for servicing. We have received your recent inquiry regarding this account and are in the process of investigating your claim. Once a determination is made, we will contact you with the results of our research. If you have any questions, please contact one of our Account Service Representatives toll-free at 1-800-***-****, Sincerely, Account Resolutions Dept. AG, LP Shorty
Re: Re: Re: Re: Licensed DOESN"T MEAN OUT OF LUCK! sherman acquisition must be stopped. I have SO had it with them and their crap. anyway, i just wanted to point a little something out... shorty said: "CM sent me letter dated 12/30, received 1/3, stating that they've requested verification from SA,...." SA isnt the original creditor. CM should be getting any verification/validation from the original creditor, right? did i miss something there?
Re: Re: Re: Re: Re: Licensed DOESN"T MEAN OUT OF LUCK! Right, CM and AG, should be getting verification/validation from OC. However, I don't think it exists, as I disputed this acct with EQ in May and it was deleted, but it has been reinserted. crowmom, we've both have missed something, but that's okay because I believe that SA is "missing" the most important thing : validation ;-) Both letters (The original correspondence from CM, and letter from AG show: "Previous Creditor: OSI/Gulf State:" "Current Creditor: Sherman Acquisition, LP" I think they've bought this debt and they believe they are the O.C. Nothing on any of these statements show the Original Creditor.
Re: Re: Re: Re: Re: Licensed DOESN"T MEAN OUT OF LUCK! Ya'll...please excuse my delay. We had a death in the family (my children's grandfather, my ex-husband's father). I don't want you to think I've deserted ya'll...and I'll post as soon as possible..thanks for understanding!
Re: Re: Re: Re: Re: Licensed DOESN"T MEAN OUT OF LUCK! awe Nana... hope you and your kids are ok... take all the time you need. We'll be here when you get back.
Re: Re: Re: Re: Re: Licensed DOESN"T MEAN OUT OF LUCK! NanaC, sorry to hear about the loss of your children's grandfather. I hope that they are doing well.
Re: Re: Re: Re: Re: Licensed DOESN"T MEAN OUT OF LUCK! Thanks, Hedwig, Crow, and Shorty.. I appreciate the kind words...my DH has surgery tomorrow in the middle of all this so hectic and stress are two big words for me right now. Ok...notice how they twist the words to suit them..validation turns to verification...request from SA instead of OC... Shorty, so you filed a complaint with the AG then?
Licensed DOESN"T MEAN OUT OF LUCK! 1*SA isnt the original creditor. CM should be getting any verification/validation from the original creditor, right? 2*did i miss something there? crowmom ~~~~~~~~~~~~~```````` 1*YEP 2*NOPE
Re: Re: Re: Re: Re: Re: NEW COL CA BOARD LAWS =============================== 33* Always check - don't assume !! http://www.justsaywow.com/newfun4/mooyear.cfm.. ..
Re: Re: Re: Re: Re: Re: NEW COL CA BOARD LAWS =============================== 33* Always check - don't assume !! http://www.justsaywow.com/newfun4/mooyear.cfm.. ..
NEW COL CA BOARD LAWS Originally posted by fds Are CAs like CBCS (OH), PARK DANSAN (NC), NCO (PA) and AFNI (IL) typically legal in all states or does it make sense to check them. I am in California. Do they have to be legal in both states or is it enough for them to be legal in California (my state).
Re: Re: Re: Re: Re: Re: Licensed DOESN"T MEAN OUT OF LUCK! Nana, I'm sorry to hear about your DH's surgery and all the other stress in your life. Take care of yourself too hun. I'll probably still be here "wool-gathering" as my grandmother used to say a couple of weeks from now. I haven't filed a complaint yet because I want to make sure I've interpreted everything correctly first. I sat down last night and made a (rather long) list of possible violations, and wanted to make sure I was correct in all of them b4 I filed my complaint. Plus, I figure that if I am correct about the violations listed below--5 already in 7 days, how many will they make in 30?? Any opinion on these "violations" as I have perceived them would be appreciated. After my last "walk on the wild side", I want to take my time , get advice and be positive I'm not screwing up this time...LOL I know this list is long, but I tried to put everything in the same place for those of us who don't have the FCRA, or FDCPA memorized (yet) Possible FDCPA Violations Sec. 1692e. (8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed. *Updated to Eq 11/03, â??Date Opened: N/Aâ?, â??DOLA: 3/2000â?, yet updated to TU 11/03, â??Date Opened:10/02" â?? This may be TUâ??s fault as none of the dates on their files are correct. But a dayum 2 year difference?? (14) The use of any business, company, or organization name other than the true name of the debt collector's business, company, or organization. *Listed on all CR's as SA, Mailed Validation to SA, yet receive letter from AG who says â??This account was purchased by SA and placed with AG for servicing.â? Yet on reverse side of letter from CM, AG is listed as a â??Sherman Companyâ??? Possible FCRA Violations Sec. 1681s-2 (b)(D): If the investigation finds that the information is incomplete or inaccurate, report those results to all other consumer reporting agencies to which the person furnished the information and that compile and maintain files on consumers on a nationwide basis. * Deleted from Eq according to 6/16/03 letter, yet â??Updated: 9/03â? to TU. Hard to prove this violation. This is where it gets tricky, because SA hasn't contacted me directly, all their "responses" have been from AG or CM. Possible State Violations: *62-20-115. (b) The board may suspend, revoke or refuse to renew any license held under the provisions of this chapter, for any of the following causes: (1) Obtaining a license through misrepresentation or fraud, *See Sec 1692e (14), wouldnâ??t this be misrepresentation ? Seems to be because SA is reporting, but AG is "servicing this account, yet again AG is a â??Sherman Companyâ? ???? (4) Violating, or cooperating with others in violating, any provision of this chapter, or any rule lawfully promulgated by the board; *See TN Board of Collection Rules below. (5) Failing to comply with any applicable state or federal law or regulation pertaining to the credit and collection industry; *See possible Federal violation above Sec 1692e (14), and 2 possible state violations below. RULES OF THE TENNESSEE COLLECTION SERVICE BOARD 0320-2-.01 BUSINESS ADDRESS. Any advertising by a collection service shall include its actual business address, which shall be of record in the office of the Collection Service Board. 1) Shows on CR as: SA, PO Box 10584, Greenville, SC 29603. 2) Received letter from CM they've been â??engagedâ? by SA to resolve this debt. 3) Sent a validation letter to CM, 726 Exchange St., Buffalo, NY 14210. 4) Sent a validation letter to SA, PO Box 10584, Greenville, SC 29603. 5) Both signed receipt on 12/30/03. 6) 1/3/04 Received letter from CM Services stating that they are "requesting verificationâ? of account. from SA. 7) 1/4/03 Received letter from AG stating â??This account was purchased by SA and placed with AG for servicing.â? and they are in the process of investigatingâ? my â??claim.â? Etc., 2 different addresses appear for AG on letter :15 S. Main St, Suite 600, Greenville, SC 29601, and PO Box 741148, Houston, TX 77274. However, envelope was postmarked with zip 14304 (Niagara Falls, NY zip) 8) AG is licensed as a Collection Agency in Tennessee, but the address listed is 9700 Bissonnett St., Suite 2000, Houston, TX 77036 0320-2-.02 PROHIBITED PRACTICES. (1)No collection service, or manager or solicitor hereof, shall: (b) use any contract or business-inducing form containing type less then ten (10) points in size; *I may be reaching here, but statement from AG used less than 10 point font in their reply to me dated 12/31/03. Small print states: â?IMPORTANT: To receive proper credit, be sure to enclose this portion with your payment in full.â? Can this be construed as â??Continued Collection Activityâ?? Also, noticed that initial letter from Capital Management seems to have font smaller than 10 point. If all these are correct, it's like 5 violations.
Re: Re: Re: Re: Re: Re: Re: Licensed DOESN"T MEAN OUT OF LUCK! IMPORTANT: To receive proper credit, be sure to enclose this portion with your payment in full.â? Can this be construed as â??Continued Collection Activityâ?? ==================== IT is a Continued Collection attempt which is a 1000 dolllar violation. ______________________
Re: Re: Re: Re: Re: Re: Re: Licensed DOESN"T MEAN OUT OF LUCK! IMPORTANT: To receive proper credit, be sure to enclose this portion with your payment in full.â? Can this be construed as â??Continued Collection Activityâ?? ==================== IT is a Continued Collection attempt which is a 1000 dolllar violation. ______________________
Re: Re: Re: Re: Re: Re: Licensed DOESN"T MEAN OUT OF LUCK! I think you are right on here..but I guess what is confusing me is the AG saying they are investigating your "claim." What claim is that? I guess I missed that part...thanks for clarifying for me..lol....type slowly..it's one of those days..lol
