800-815-1177 - Has anyone dealt with this law firm?

Bud Hibbs has a website that gives information about collection agencies. He say the following about them:

DO NOT DEAL WITH THIS LAW FIRM UNDER ANY CIRCUMSTANCE! THEY ARE LIARS, CON-MEN, THIEVES!

They were recently fined more than $50,000 by the state of West Virginia for ripping people off on bounced check fees. These losers of law must be snorting something that fogs their abilities to count from 1-10, because the way they figure a debt is to add on fees that boggle any rationale thinking individual.

Bennett & DeLoney come across in their letters as nuts and wacko's! They are so far out there that they can't even justify their dealings.

--Check out his site, it has lots of good information.

Bennett and Deloney has been sued by the attorney general some time back for charging excessive fees to the amount of debt. They sound like a scam and still are doing their business. I head they charged $800 on a $20 debt that was not paid. So, you should be very careful while dealing with them. Get your debt validated before you agree to pay on it.

Is one of their phone #'s 1 800 815 1177? We keep getting calls from them (which we don't answer)inreference to an "important legal matter"

Noni

You are getting calls from Bennett & Deloney Law Firm. Following is the address to contact them.

Bennett & Deloney Law Firm
1265 E. Fort Union # 156
Midvale, Utah 84047
800-815-1177 or 888-571-1190

Bennett & Deloney
Address:
P.O. Box 190
Midvale Utah 84047
U.S.A.
Phone Number:
800-815-1177

Noni, send this agency a cease and desist letter to stop all the collection calls and correspond only through mail. If they violate the law, you can take legal actions against them.

These guys keep leaving messages for me and I don't know why. I don't have a bank account, so I can't have bounced any checks, and I pulled a copy of my credit history and have no outstanding debts. What do I do to stop this harrassment. Should I consult an attorney of my own?

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I wish I knew about this two years ago. They conned me and my husband out of over $200 over and $15 bounced check from over 6 years ago.

Actually Bud's website has been very informational to me and many others in debt. Like this site, it provides valuable information in who you are really dealing with, since some of the ca are misrepresenting who they are. Any reason you believe his site to be a bad one?

Katelin

Welcome to the forums.

You don't have to stress yourself as you can assume that the agency might be contacting the wrong person. Pick up the phone and ask them to give more information about your account. This will solve most of the problems.

Regards
Roxette

Bennett and DeLoney is a Collection Law firm with an emphaisis on COLLECTION. If you recieve a phone call hang up. Collection agents have no power to reccomend any lawsuits. The firm generally follows the law but the collection managers, who are paid by bonus, try to get as close to the line as possible. Many collectors, for whom most of this is the first collection job ever, will cross the line in order to secure a payment, and a larger bonus (and in many cases their continued employment). Lawsuits, which are rare are usually based upon a client request and not due to non-capitulation. Walmart and Lowes NEVER request suit, and Walmart stipulates that if you give an amount and a time frame they must accept the arrangements (ie 1$ every month for 83 months). For a large check this is a pretty good interest rate, but your credit will suffer. Always respond to B&D through written correspondence. If they call hu or say wrong #, or that the debtor passed away. If they ask for a death certificate say ok, and dont send one. The collector will assume its not collectable anyways and move to a no call file. If you do talk to a collector if possible record the call. You do not need to inform the agent in the state of Utah, where they are located. If a collector does break fdcpa talk to the Supervisor or Manager and dont get involved in a pissing contest. If the Sup doesnt believe you, dont worry, you are no closer to any legal action than before. Report any real violations of FDCPA to you Attorney Generals office. It is hard to verify without a tape, so generally just dont bother talking to the collection floor. Check your credit if you recieve a bill from B&D as many items go unreported. If it is there request proof of the debt and a copy of the check in writing. Often times they cant be produced and the debt must be cancelled. If it is a valid debt and the cost is the normal state fee(often time the state fee structure is higher for older checks) pay the debt by mail using checks. Keep record of the whole process on file, including photocopies of the check and bank statement. Pay in full, If you cant, wait until you can. If the amount is not based upon the state fee structure it is unowed "gravy" for the company. Do not pay this. Send in the amount owed and if cashed it will satisfy the debt. Depending on the state they can still collect on the remainder, but it is not legally owed. Dont pay it. If they return the payment (whether they do or not is based on client contract) send payment by mail to the client. Keep excellent records and copies. If not returned the debt is settled. Send copies by mail to Bennettand DeLoney. If you recieve a bill for yourself or your child shoplifting at Walmart, Target or Marshall Fields dont pay. You wont get sued. They have the right to ask for it till their blue in the face though because it is not a debt, and not subject to FDCPA (you do have other protections from harrassment though). Just say the shoplifter was shot in Gang violence, or in the case of a Jevenile a ward of the state. The collectors hate these files and are more than happy to remove the number at any sign of non-collectability. Oh and stop shoplifting for christs sake. PS That Bud guy website is just trying to get your money too. Just the other side of the sleazy coin.

FormerBadguy

Wow! You have compiled the complete fdcpa laws. And you have given some helpful remedies also on how to deal with this company. Thanks for the tips. :D

We have been dealing with B & D for a year now on a 5-year-old credit card debt. This is our only debt and we send $25 a month to B & D since my husband is in school fulltime. Sometimes they call and demand full pay and we just reiterate our stand. THis was originally a $1,000 balance and B & D are demanding $2,500. Are we handling this in the best way? Do we have a good chance of being sued?

Hi Dana

The most important thing is that you need to see if you have any paperwork from Bennet and Deloney before agreeing to their terms. You should have something in writing from the company stating that you are paying towards your debt account and after the payment is complete, your file will be updated with the bureaus.

Also, after you make a payment, you should insist for the monthly statements. It can be given by the company after you have requested for it.

You need to get in touch with them and see if they have properly transferred the money you have paid so far. You must be having the receipts of your payments made till now. It can be put as proof to them.

If the company has not received any money from you in spite of paying them regularly, you need to get cautious here. Chances are that the company has done something fishy in between. Talk to them and get the latest status of your account. You need to take care of this immediately.

Do let us know after you have called up B & D.

FormerBadGuy....It sound like you use to work there and know what you are talking about but is it your place to be telling people that they are not responsible for their actions? If you shoplift you should have to pay for it cuz you broke the law. And people that rae writting bad checks are getting the merchandise and/or service but arent really paying for it....yeah thats being honest and responsible. People just need to own up to their mistake and get their debt paid off, thats why our society is going to shit is cuz of these people and people like you....

My stepson was caught shoplifting at Target. Plead guilty to crimal mischief and paid his fine. Bennett and Deloney called last night and wanted $389.00 to not sue. Today they said they would take $309.00. We are not sending them anything. Shoplifting to me is not a debt and Target got their mech. back. Does anyone know if this is the right thing to do in Texas.
Also if they call again I am going to report them to the Att. General because I am on the Texas and National no-call list and I do no business with them.

Grinch6969

Your stepson has paid the fine for his deeds. Why should he be asked to pay it again? Consult an attorney for legal advice. Also, it will helpful to visit the local AG's office.

I would recommend that you send them a cease contact letter. I had to deal with them a few years ago. I settle my debt with the original creditor. This firm did call my neighbor. She is an elderly sweet lady. They called her looking for me during the night and first thing in the morning. It was embarrassing. They lied stating they called me when they didn't. Just a word of caution.

I have been gettting phone calls from them for over a year now and they are harrasing me. I have paid the check I had and they keep telling me that I didn't pay and threating to ruin my credit and the creep had the nerve to threaten me by telling me they were taking me to court and I would have to pay triple and court costs. I hope these aholes can sleep at night. I told them that the phone number they keep calling is not in my name and that my roomate will report the harrasment to the attorney general and he said he would remove the number from his list.

Thomas, you must be having the proof of your check cashed in your bank statement. Send a dispute letter to the company verifying this item. They will verify it with your original lenders and serve you the accurate information about your account.

a year ago a check got stolen at a party we had and the funds from the purchase were returned after the bank suspected that the transaction was fraudulant. Now B & D are calling me to collect the debt. This was a year ago and they're saying that there's a pending court case and I need to send them an affidavid of forgery. If the signatures from the check don't match then I will have to testify in court and press charges because someone has to pay off the debt. Why do I need to go through all of this is I have that protection at my bank?

Goodgirl, I would definitely like to consult my attorney regarding this matter. B&D is trying to force you to make a payment on some debt that never occurred. Besides, they have not given to you anything about this debt in writing. Using the federal laws, ask them to validate the debt first so that you can review it. You have the legal rights to refuse payment till the debt is not shown to you in paper.

Hi all,

I am in need of some advice. Back in 1990 I made the mistake of joining Bally's Health club. In 1991 I went off to college and sent Bally's a letter with my change of address (and a copy of my lease which I still possess), assuming (wrongfully on my part) that the matter was finished. Off course, I was very young and not concerned at all about a credit score, so I never checked back on it.

Now, 16 years later I am getting calls and letters from Bennett and Deloney about this debt, and that they are willing to take a lower amount to settle the matter ($400). When my wife and I purchased a house last year, I ran my credit to learn my score (720), and there was NO deragatory credit info from Ballys.

My question is - do I leave this alone or try to fight this? I am worried that if I call the law firm and offer to show my proof of moving back in 1991, they will then have confirmation that this is my debt and push harder. Also, I am worried that they will attempt to put this back on my clean credit report!

So, should I call them and fight this, or just deal with the annoying calls and letters and hope that they will one day give up and stop calling?

Thanks for any info!

Mike

Hi Mike,

The collection agencies especially the bad ones never end calling you unless you fight back strongly with legitimate reasons. Tell them to send you the details of the debt in writing for verification purpose. Do not make any payment agreement to them. Do not even sign any promissory note also. This debt is past the statutes and you are legally not required to pay it. Also, it cannot be reported in your credit file because it is past the 7 years period under the FCRA laws. So, it is important for you to dispute without making any payment agreement. Some states allow recording of the phone calls without taking the other party's permission. If you agree to pay it and they have a recording of it, you can be forced in legal terms to pay the account.

Once the collection agency sends the details of this debt in writing, send a dispute letter mentioning the expiry of the SOL. It is your legal right to refuse any payment when the account is past the SOL period. Send this dispute letter through certified mail with return receipt requested. You will be sure about them receiving this letter. Moreover, it will leave proof that you tried your part in resolving this matter and didn't escape your responsibility. Facts can be proven if the CA wants to take the matter to the court. You will have covered your entire basis by this time.

Regards
Roxette

Hi Roxette,

Thank you so much for your reply! I do have a few additional questions:

* I have already a letter from them, and it stated that the debt was from my Bally's membership (that is about all they say though) - is that the details of the debt in writing that you are referring to in your message, or should I ask them for another one with more detail?

* In my dispute letter (once I receive the details of the debt letter from them) should I explain how I sent the copy of the lease to Bally's in 1991 to prove that I moved and that the account should have been closed at that time (in other words plead my case)?

* Also, can I request in the letter that they stop with the calls to my home?

Thanks again for your helpful assistance!

Mike

Hi Mike

Welcome back :D

Quote:

Hi Roxette,

Thank you again for this information. I am going to draft and send the letter today.

I just have one clarification question:

Just to make sure I am clear with the information you provided - I read your response "In your case, the company has already sent you a letter and they say it fulfilling the validation requirement". Does that mean that I do NOT need to do the first step in obtaining details of the debt in writing? Should I move forward with the dispute letter, or should I still go ahead with the debt validation letter first prior to sending the dispute letter?

Thanks again Roxette!

Mike

Mike

Quote:

(1) don't lie to anyone on the telephone. Buy a caller-id with anonymous call blocking and an answering machine that you can use to screen your calls. Just don't talk to anyone you don't feel like talking to. Do keep a record of the time and date of each call, along with the name and phone number reflected on the caller id. If you think you may want to sue the caller, also do call-trace (which costs money every time you use it) with the idea that you can subpoena the phone co. for the records (they only keep the last 90 days worth where I live, and tell everyone that the records are only available for law-enforcement purposes and can only be given to police - wrong - a subpoena issued by the clerk of court in a civil case and properly served will be honored by the phone co.).

2) Always send a denial of debt and demand for verification letter as the first thing you do. There is a legal reason for doing so, even if they claim that what they sent already satisfies that requirement. It was not sent in response to a demand for verification if you didn't send one, so you have no standing to say it was incomplete.
Example of fdcpa "Demand for Verification" letter" (see multiple posts on the same page - the first two lack the courthouse picture):

http://forums.debtcc.com/collectionrecovery.html

3) A law firm that is doing business outside of the state in which the lawyers are licensed is NOT practicing law, and cannot file suit against anyone. Practicing law without a license is a crime everywhere. Furthermore, the FDCPA clearly states that lawyers and process servers are acting as debt collectors when they qualify under other grounds (e.g., it's a consumer debt, not for taxes or student loans, most of what they do in their business is debt collection, etc.). So as far as I'm concerned, since I'm not in the state those guys are in, is that they're just another collection agency.

4) If a creditor comes into a state in which all it does is loan money, and where it has no physical presence etc., it is not generally required to have registered with the state authorities as a business entity there in order to file suit to collect a debt. A debt collector, however, is doing business if it calls someone on the 'phone or sends them a letter, because its business is debt collection. They are required to register in most states in a number of ways. In Virginia, corporate entities must receive authorization to do business as foreign corporations (i.e., from a foreign state, Delaware, New Jersey, Texas, France, Ghana, etc.) as well as to submit a personal property tax return and obtain a business license. It's a crime to do business in Va. unless you've done all that stuff first. Furthermore, you can't use the court system to sue anyone unless you're properly registered, other than to collect on a debt owed directly to you. I suspect most states have similar provisions. If that law firm sued someone in Va., they'd have to register here first (as well as qualify for admission to practice before the Court).

5.) there's no point in raising defenses in a letter to a collection agency. It only puts them on notice of what your strategy is, and will not dissuade them from pursuing the debt. In most cases, they already know whether the SOL has expired, so there's no point in explaining it to them. Simply deny the debt and demand verification. SOL is an affirmative defense, it won't stop anyone from suing you or from getting a judgment against you, unless you file written pleadings asserting SOL as a defense in the court in which you're sued. SOL doesn't mean the debt has expired; so it's legitimate to attempt to collect on stale debts. It's just that if you sue someone who says, "SOL!" in his written answer filed with the court (and he's right about it), then you'll be "SOL".

I had to deal with these jokers from Dec 24 2003 thru Mar 4 2004. Someone with the same first, middle and last name as I was writing bad checks in Nebraska to a Lowe's store there. I live in Iowa and don't shop at any Lowe's here in Iowa so why would I patronize one in Nebraska? Besides, I have good enough credit with my bank to know they would cover the check and charge me a fee themselves. I asked for the amounts, check numbers and the bank they were written on. I also asked for the SSN or DL # on the check. None of this matched my info, which I told them. It wasn't til my husband got the one person there with a brain and threatened to sue them for harassment that they agreed to take my name and address off their file and to research the correct name and address listed on the check.

Is this a legit law firm...cause we just had a our landline reconnected about two weeks ago, and they say the we owe them $6K.

Ask for documents. No one can charge whatever they wish. Ask for itemized details of the account. If there is any discrepancy dispute it. Keep us posted.

Hi all,

A little history...I had an account (over 5 years ago) that was sent to collections way back when (over 5 years ago). Just a week and a half ago I got a message via my parents that some law firm is going to file suit because the debt was not paid. I called them back the following day to figure out what was going on because I didn't recognize any unpaid debt. As many of us do learn the hard way, I DID get into financial troubles 6 years ago and have since taken care of it all, the honest way by paying it all back. Now years later, and out of no-where, someone calls demanding more money? Anyway, the firm used scare tactics saying that if I could not pay in full that day, that the suit would be filed in my county. Which is funny because I don't even live in the county they mentioned, and I haven't lived at my parents house for years. I tried to get more information out of these people and they wouldn't budge. They threw out so-called legal terms and pretty much gave me no options. Please note that I DID NOT dispute that I ever owned the debt they were talking about, I just remember already paying it years ago. Unfortunately, I got very upset over the phone and didn't know what to do and they said if I gave them a payment over the phone of at least half, the lawsuit would freeze and not go to court. So, being stupid and uninformed, I gave them a check by phone. He said he'd fax me all the information he had on my case the following Monday when I called. So I consulted a well-educated friend and he said I'm being scammed. When I talked to the firm, they said they've sent MANY letters. I have not received one. And if they've had this information for years...why are they just NOW contacting me, and at my PARENTS house? Anyway, I called them back Monday, with my friend on speaker phone so he could witness, and he said that they (the firm)have to prove that they sent the letters (certified, etc.) and the firm said that was not their job. As soon as I started asking questions about the account and for him to send me everything he had on it (all he had in front of him was my credit report from Experian) his tone changed and got defensive and said that all supporting information would not be requested until it went to trial. So he pretty much had nothing. That night, I went online and pulled my credit report from all three credit reporting agencies and only Experian has the account even listed, and like I said it's over 5 years old and they have the status as closed. Yes, it was a charge-off because I dealt back then with a collection agency. There is no other mention of this account ANYWHERE else on any of the reports. Since I spoke with my friend, I put a stop-payment on my checks to them, which fortunatly was just in time and have sent them a certified letter stating that I do not owe the amount they requested (my credit report stated I owed half of what this firm was asking) and that I believed this matter to be taken care of and closed years ago. I have not heard back from them yet, but it has only been a week. Is there anything else that I should do? Sorry for the long history!

Thanks for your imput...

~Frustrated!!

Burden of proof is always on the creditor/ Collector to prove you owe the debt in question,NOT on you to prove you don't It is also on both side to prove they have tried to resolve the issue once they knew about it. AS indicated , correspondence should be at minimum sent Certified mail/ Return Receipt.

Unfortunately, by giving them the check by phone, (even though you stopped payment) you may have restarted the Statue of Limitation. What state do you live in? Someone in the forum may be able to find more info on that for you. If you did re-start the SOL clock, then they have all legal remedies available including civil law suit, and reporting to a credit bureau. If you did inadvertently restart the SOL period, you may want to offer a settlement based on the balance shown on your credit report (unless you have other records showing a lower balance).

You may want to contact the original creditor and see about settling the account.

Check you state laws to see what it says about adding interest or fees to the debt. some states, like Illinois, prohibit them from doing this. If that is the case in your state, then you may want to consider making a settlement offer.

Hello Clay,

Thanks for the information. I live in Oregon. Yea...after I've read many of these posts, I gathered that it was a bad choice to initially give them a check-by-phone...but I guess that's how these people corner us...by fear and us not knowing our rights. I'll see about contacting the original creditor...as far as this so-called firm...should I wait to hear if they pursue any farther??

Thanks for your help!

They left no info other than important legal call with the 800-815-1177 # to call back. They didn't even leave who the message was for. I and thinking of just sending a CDS letter, I think they have the wrong #, because I never had any trouble with my credit and I just had it pulled and bought a new car.

Clay, if the account was paid in full, I won't be worried if the SOL is restarted or not b/c I'm no way obliged to pay it.

Frustrated

First, they broke the law by communicating the alleged debt to your parents. This can only be communicated to your spouse. Second, they cannot threaten litigation unless they actually plan to carry through. It seems by your post that they broke the law here as well, they were only using the threat as a tactic. Thirdly, check the statute of limitations for your state. If the debt is out of statute, they can still sue (and hope that you don't show up), but show up and show the judge that it is out of the SOL.

Fourthly, think about suing this firm for violations of the fdcpa! Record all the communications you have with them next. They might be worth $1000 plus expenses each for you. You can do this rather inexpensivley at small claims court, or, as in my state at the Justice of the Peace's office.

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MWTX,

Thanks for the information. I wish I HAD all of the conversations recorded. Unfortunately, my parent already deleted the message on their machine, and when I spoke with them the last time...recording it was an afterthought. Since then however, I did send them a letter (certified) disputing the claim, stating that in fact did NOT owe the amount they implied or any amout for that matter, and that the matter was settled years ago....etc. I got the return receipt back last week, and I haven't heard back from them. Hopefully, they'll drop it. But if they don't, I'm not sure what I'll do. Thanks for your helpful comments!!

Frustrated,

This was very stupid of them to begin with. Your parents are witnesses.

Remember, the burden of proof is with the collector. Don't accept any boggus affidavits, or in house printouts of your "debt" as proof of validation. They have to prove that you are contractually obligated to pay them, and how they arrived at the daid amount.

curlycarl,

Sorry for a stupid question, but how do you join?? I thought I tried once but was not successful.

Use any of the links below, fill out the form and you will be a registered member of this forum. Registration is free.

http://community.debtcc.com/

thanks curlycarl, I'll give it another go.

mwtx,

It's now been a month since I sent the certified letter protesting the above mentioned account, and I still haven't heard anything. Should I assume they've given up? Is there anything else I should do?

Thanks!

Bennett and Deloney is just that! Not only do they rip off the consumer, but they rip off their employees as well. Not only do they pay you peanuts per hour to deal with people like you (debtors), but they steal/take your accounts from your desk without your knowledge and when the payment comes in you have no revenue to show for your work (it all goes to the attorneys). This will eventually result in termination, as you are unable to "hit your goal". To ensure they cover themselves, the collector is tripped up with files that are "plants". The call will be made to a "supposedly valid" file and it will be someone in management "undercover". The call is then recorded and the employee is eventually terminated when confronted with the call. Practically every day of the week you receive an email that so and so is "no longer with the firm". These attorney's are idiots. They wonder why they have so many lawsuits against them? They push the employee to a point that causes them to "push for payments", resulting in fdcpa violations. Their supervisors/management are a bunch of uneducated idiots as well (highschool diplomas). If a debtor asks to speak to a supervisor, and the call is transfered, you rarely find one available, and if you do you are questioned "first". If this isn't bad enough, they have one collector there who is always the top collector. Come to find out this collector was given access to files that no one else had access to. It was in my best interest to quit this company before giving them them satistisfaction of termination.

:roll:

I have paid the lawyers off and am receiveing letters that i still owe more money in the amount of 75.00 i am trying to question it but they do not have a telephone number i can contact. What should i do? I have my receipt of payment.

Me and my fiance were at walmart and got into trouble for shoplifting but no charges were filed and we returned what we took ( one thing ) and they said no further action would be taken and then we receive a letter in the mail and they want 100 dollars a piece, i asked them what would happen if we didnt comply and not pay and they said that they would send it off to the lawyers ( eventually ) and they would file ( something ) they werent to clear on the exact repercussions, they also said that every 30 days they would add 75 dollars to each case...should i just pay them or fight it, because they said they wont work with us on the payments, they want it all at the same time and i think thats bull shit, what should i do?

Were the police called? Were you issued a criminal trespass warning? Did you sign anything?

no police were involved and we are still allowed in walmart... and yes we did sign something.but not sure exactly what it was