Consumer Recovery Associates - What will you do if they harass you?
Date: Thu, 07/10/2008 - 07:00
Earlier this week I got a phone call from a Mr. Johnson stating that he represents the offices of Christopher Adams and that I need to call back by 6:00PM in order to make a statement on a case and he left me a case number. After pulling up my credit report and doing some searching online, I was able to figure out that this guy was calling from Consumer Recovery Associates and I have found the address for them in Virgina. I was wondering if anyone here had dealt with them before.
I'm pretty sure that they are a junk debt buyer and that they purchased a debt from Redline Recovery because I had sent Redline a DV letter at the end of May and they still have yet to respond. It could also be that they just pulled up the information on my credit report (see below) and are trying to collect that way. I'm not sure but I found it interesting that after the 30-day period had passed that I mentioned to Redline in my DV letter (Redline signed for the letter on 5/27, making 6/26 the 30-day answer date), I started to receive calls from this new company on 7/7.
If I send consumer recovery associates a DV letter, will they just turn around and sell the debt to another company and I'm going to be back at this same point in 30-45 days? Is there any point where this cycle would stop?
I believe they are calling about a debt that I had while I lived in New York. The account was opened in 05/2000 and is still listed as on my credit report because 1st Select Corp re-added it on 5/2003, back before I was paying attention to my credit report. Since I live in Illinois now, do I use the SOL for Illinois (which is 5 years) or would I use the SOL for New York (which is 6 years) and would this apply to when the account first went delinquent or to when it was re-added to my Credit Report by 1st Select Corp? In either case, can I get this removed from my credit report since I'm positive the account went delinquent well before 5/2003 (probably between 11/2000 and 3/2001) or am I stuck with it on my credit report until it will fall off in 5/2010?
Finally, I plan to send CRA the DV letter today, certified, return receipt, next day, etc. but I was wondering what is considered to be the "reasonable hours" for them to call. Mr. Johnson called me today at 8:11am local time and I thought that "reasonable hours" didn't start until 9am. I have saved the voicemail he left and the date and time still show on my caller id.
Any help that anyone could provide would be greatly appreciated. Thank you all so much.
Include a limited "cease and desist" letter to stop the phone ca
Include a limited "cease and desist" letter to stop the phone calls. Tell consumer recovery associates to contact you bu US mail only.
Quote:If I send this company a DV letter, will they just turn ar
Quote:
If I send this company a DV letter, will they just turn around and sell the debt to another company and I'm going to be back at this same point in 30-45 days? Is there any point where this cycle would stop? |
In my DV letter, I included a paragraph stating "no telephone co
In my DV letter, I included a paragraph stating "no telephone contact to my home, to my place of employment, to my cell phone, to my previous phone numbers, to my relatives or to anyone in my community. If your offices attempt telephone communication with me or anyone stated above, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit." so I think that should cover the cease and desist part with consumer recovery associates.
Yeah Shazzers, I just don't know much about consumer recovery as
Yeah Shazzers, I just don't know much about consumer recovery associates. Part of me feels that in the DV template on this site it says that all collection activity must stop and validation must be presented, which makes me think that would mean selling it to another company would be out of the question but I just don't know and I don't know what the law says, if anything. Unfortunately I have no way to prove that Redline had this debt and just sold it off because Redline never responded to my DV letter and there is no mark on my credit report from them but the coincidence is just too striking.
This is a theory of mine and I always wondered if it would work.
This is a theory of mine and I always wondered if it would work. I only have 1 debt in collections and haven't had the opportunity to try it because so far I have been dealing with a CA that does not violate the fdcpa or the FCRA. Basically they run a pretty tight ship although I do think my account has been sold now but there is also the possiblity that the original creditor owns my account and is subbing to CAs.
I think selling a debt before validating is a violation of the FDCPA because a CA is not allowed to make attempts to collect on a debt until they validate the debt after a request is made for validation. Selling the debt would essentially be an illegal attempt at that point to collect on a debt that is uncollectable until they validate the debt. What really needs to happen is some verbage needs to be added to the DV letter stating this. Then what you could do is gather evidence of violations of both the FDCPA and the FCRA while you continuously dispute any weak attempts at validation. At some point the CA will either get their act together and gather real supporting documents for their case or they will sell the account therefore adding another violation. Once they sell the account I think you could tag them with a law suit for the various violations you have collected including selling an unsellable account and they would not even be able to counter sue becuase they don't own the account anymore. These are just a few things that you should remember while dealing with consumer recovery associates.
Selling the debt would end collection efforts from consumer reco
Selling the debt would end collection efforts from consumer recovery associates. They are completely out of the picture at that point. It's when JDB's like LVNV and Portfolio move it from CA to CA that is a violation.
If that is true then it looks like there is no way to stop the c
If that is true then it looks like there is no way to stop the cycle of a debt collector continusously passing off your account to the next collector as long as the debt is "sold". It is a shame there is nothing you can add to a DV letter to stop this cycle.
Only a Statute of Repose or a court order would extinguish the d
Only a Statute of Repose or a court order would extinguish the debt and MS and WI are the only states that have a SOR.
Hmm, I think if I ever get sued I will try to get a court order
Hmm, I think if I ever get sued I will try to get a court order dismissing that particular debt then assuming they show up with no proof if I can figure out how to do that. I only have one delinquent debt in my name but I signed no contracts and I never signed any credit card receipts. It was all done in my name without my knowledge.
If so, File the IDT Affadavit and police report and send it in t
If so, File the IDT Affadavit and police report and send it in to the CRA's. As long as you follow the guidelines from the FTC, the CRA's must permanantly block (not suppress) any account you identify.
I would file those reports if I could but my wife opened the acc
I would file those reports if I could but my wife opened the accounts in my name. It really would not take much investigation on their part to figure that out so I can't file those without implicating my wife. Basically I am caught to where I can't file those but I do not have the money right now to settle.
My strategy is continue to DV them until they either sue or give up. They have no signed contract and my signature is on nothing so they will never be able to validate which means they will need to sue to ever collect at least until I have enough to settle. I think if they sue I will have to take a loss because if I dispute the signatures then it might come back on my wife.
They Called Again
I just got a call from them again today after almost two weeks of no calls, I'm guessing they're trying to hit the end of the month quota. "Mr. Johnson" left a voicemail gaving me the same spiel about a legal matter and a reference number to call back with, since they like to try to claim they are calling from the law offices of Christopher Adams. I sent these guys a DV letter on Thursday July 10th, they received the letter on Monday July 14th, I have the Green Signed Return Receipt in my hand right now.
I attempted to call them back (I did a *67 to block my caller id information) and asked if this was Consumer Recovery Associates. The gentleman that answered did not answer that question and asked "Who are you looking for?" and I once again asked "Is this consumer recovery associates?" and he once again asked who I was looking for, so I said "Mr. Johnson" at which point he said "One moment" in a huffed voice, obviously upset that I knew who they really were, and put me on hold for five minutes, at which point in time I got sick of waiting and hung up. I do not know why they don't want to admit who they are but since I have proof that they called me today, after receiving my DV letter, what is my next step? I know they are allowed to contact you one more time on the phone to say they are either filing suit or dropping the debt, but it's obvious that wasn't what the message and attempted contact was about. Since I attempt to call them back, can I now file suit against them? Any help would be appreciated!
And another one
Just got another call from them at 5:57 saying I had until 6:00 to contact them and that they needed a verbal statement on my case before he travels from the offices in Florida to New York for a deposition on the case (when he called the first time today he said he was traveling to New York tomorrow to "dispose" of the case one way or the other"). He said he was leaving at 11:00am tomorrow and that I didn't have much time left to contact him. If there was a case against me in New York, wouldn't I have received paper work in the mail, and wouldn't they be asking me for a written statement? It seems like, to me, that if there was going to be a deposition in New York tomorrow against me, I would have been informed. Also, I don't live in New York now and I haven't lived there for over four years, I live in Illinois now, so wouldn't the case have to be here?. So, they have now called twice today after the DV letter. I have saved the voicemail they left for me on July 10th (before DV), a voicemail that my partner's mother left for me when they contacted her to try to reach me (on July 10th before DV), the first voicemail they left for me today and the second voicemail they left for me. At this point what can I do?
Don't worry. No one is flying anywhere to do anything concernin
Don't worry. No one is flying anywhere to do anything concerning you. Yesterday was month end so they took it up a notch. They would not be hauling you into court for a depostion anyway. If they were going to file, they have to file in the county you live in. If they try filing anywhere else, you can fight it. Have they ever provided validation? Keep record of the calls but don't make them frighten you.
Typcial Scare Tactics. These guys are idiots. Next time they c
Typcial Scare Tactics. These guys are idiots. Next time they call ask how their ficticious vacation went in New York.
Thanks nascardevil. No, they have never provided validation. I
Thanks nascardevil. No, they have never provided validation. I've never received anything in the mail from them (aren't they supposed to send something within five days of their initial phone call, even though it went to voicemail?). Even after my DV letter, which stated that all future correspondence had to be via the USPS, I haven't received anything from them. I'm just wondering if there is anything I can do against them at this point since they have called after receiving my DV letter. Should I file a complaint with my local authorities? Should I look at filing a case against them for violating the law? I just want the phone calls to stop, I want them to stop calling other people trying to get ahold of me and I will do whatever it takes to get that done.
Thanks DOLLARandSINCE, I guess I'm just a bit freaked out, which
Thanks DOLLARandSINCE, I guess I'm just a bit freaked out, which is probably part of their plan. Ultimately I just want the phone calls to stop and want to know what I can do to make them stop, especially since they continue after receiving my DV letter.
Get a phone recorder and start recording calls. IL is a 2 party
Get a phone recorder and start recording calls. IL is a 2 party state so when they call, answer. When they ask for you, tell them to "please hold while I turn my tape recorder on". If they state they do not wish to be recorded then end the call.
When you notify them that they are being recorded at the beginni
When you notify them that they are being recorded at the beginning of the call you can state that if they do not want to be recorded then they shall hang up immediately and contact you via mail only through the address you provided. You do not have to hang up. I think you can keep recording even if they state they do not want to be recorded. If they say they don't want to be recorded just repeat the same notification until they either hang up or proceed to act inappropriately which you will catch on tape.
Since we are talking about 2 party states I was just curious what would happen if you made a 3 way call or if another person was on a phone in your own home like your spouse. If you told the second party i.e. your spouse who was on the other line that you were recording would that count as 2 party notification or do you have to also let the 3rd party know that they are being recorded.
2 party state means that all parties have to be informed. So no
2 party state means that all parties have to be informed. So no, you couldn't just 3 way someone in so that you can record them. To be honest, I always prefer to tell them that they are being recorded because that keeps them civil. If they refuse to be civil, then you have a solid case for violation.
CRA???
my mother inlaw has been getting calls from this company, from what i've read here, it could be that she doesn't have a debt with them, as a matter of fact, she's never charged anything what they say she has... we live way across the us from where they are at, what can we do?
Send them A Debt Validation letter, there is a great template/ex
Send them A Debt Validation letter, there is a great template/example on this thread, 6th post down. Send it Certified Mail, Return Receipt Requested.
Stat
The statute goes by the stat that the debtor is currently residing in. For example if a debt was incurred in Michigan which has a 6 yr stat and is a garnishable state, the the consumer moved 4 yrs later to SC who has a 3 yr stat and is non garnishable, well then that account would be considered out of stat because a creditor must file suit in the debtors local jurisdiction.
On a side note:
I am a proffesional debt collector who works for an agency I wish not to identify. I just want it to be made know that just because an account is out of stat does not mean that you do not owe the bill, it merely means you can not be pursued throught the dourt system. All the blogs you see here and there about "rougur collectors" or "junk buyers" or "bottom feeders" are terms used from debtors who take pride in not addressing their financial obligations. These are accounts that are legally owed, yes they are old and yes we do get a discounted price on them...which is why accounts are settled everyday for a fraction of what is owed. Do not be fooled..not paying your bills whether in or out of stat will eventually catch up and hinder you int todays economy... oh and by the way if they own a debt of yours, they can legally pull your credit.. again no difference if in or out of stat
What is the toll-free number that they are asking you to call ba
What is the toll-free number that they are asking you to call back?
By the time your debt gets to a collection agency like CRA, they
By the time your debt gets to a collection agency like CRA, they already know the debt is valid. Every time a debt is bought or sold, the new owner can pursue the debt, even if they have previously owned and sold it. Debt is debt either way. What can happen when the stat runs out on your debt, the collection agency can file a 1099C with the IRS reporting the debt as unreported income. What happens then, is the next time you file taxes, you are taxed 30% of what was reported. It is better to settle the debt with the collection agency and it will go off your credit report in a few months. If you let it go to the IRS, it will not be removed until it falls off in 7 years.
Quote: It is better to settle the debt with the collection age
Quote:
It is better to settle the debt with the collection agency and it will go off your credit report in a few months. If you let it go to the IRS, it will not be removed until it falls off in 7 years. |
It will fall off 7 years + 180 days from the date of First Default. PERIOD! the IRS or scumbag collectors like CRA have nothing to do with when it will fall off.
so true i am dealing with the same company and now i
so true i am dealing with the same company and now i am stuck p[aying 50 doaalr amonth yill my debt is paid off but i am going to stop it today and let them know i cannot afford it no more and it already on my crtedit report we all need to stand up and call the ftc and all credit beaura
I have been contacted by this company as well, and I was scared
I have been contacted by this company as well, and I was scared into paying them around 500, and I stopped all payments recently, and spoke to my attorney about suing them in small claims. Have i restarted the clock on my sol now?
If they used threats such as jail or arrest in order to get you
If they used threats such as jail or arrest in order to get you to pay, it could fall under extortion....if that is that the case, in my opinion it would not restart the SOL even if you paid them.
Even if you did pay them and it did restart the SOL, if you sued them and won, the debt would be wiped out anyway so it wouldn't matter and you would not owe them anymore.
Quote:Originally Posted by AnonymousEven if you did pay them and
Quote:
Originally Posted by Anonymous Even if you did pay them and it did restart the SOL, if you sued them and won, the debt would be wiped out anyway so it wouldn't matter and you would not owe them anymore. |
Suing them will not get the debt automatically wiped clean if you win. The most you cansue for as statutory damages in an FDCPA case is $1,000 per action. If you can prove particularly egregious violations, though, you can ask for more as punitive or exemplary damages.
I am currently seeking to interview people who have had experien
I am currently seeking to interview people who have had experiences with this company (CRA) as well as employees (present or past) who have worked for CRA or any collection agency. Please e-mail to touch base.
Email address removed per the TOS by Shazzers
I too have been contacted by CRA only by phone. They have never
I too have been contacted by CRA only by phone. They have never sent me anything in writing. This has been going on for a month now and I still have no idea why they are calling me. They call my fax line, home phone, and cell phone all at the same time. When I answer, there is music playing and no one ever comes on the line. When I call their multiple #s back, there is a "not in service" message that comes on the line. My wife received a call today and finally some lady came on the line. She sure as h*** did not act like a lady. My wife demanded to know who keeps calling us and what they want. She became furious and hesitated to disclose the name. She gave us a fake address as we discovered later after googling them. I have filed a complaint with the FTC, BBB, and my attorney general. These scumbags are not even bonded to collect in my state. They need to be stopped soon!
Do what I do.... save every one of your harrassing phone numbers
Do what I do.... save every one of your harrassing phone numbers as a DO NOT ANSWER (or some such) so that you know who it is and not tempted to answer. I have been being harrassed by numerous "agencies" for months now for a debt that was charged off more than 7 years ago. All these people are scum bags ... just ignore them... they finally go away, at least for a while.
Consumer Recovery Associates is a junk debt firm . . . they go a
Consumer Recovery Associates is a junk debt firm . . . they go after debt that is out of the Statute of Limitations and push to the breaking point laws that would keep them from harassing people. They refuse to validate a debt, refuse to give out their contact information -- both mail and phone -- and make lots of idol threats. If your debt is out of the SOL, there is nothing they can do to you except threaten. If you let them know you know this, they'll shout and curse and rail at you, threaten some more, then hang up saying something like, "good luck!" before they slam the phone in your ear.
You don't need to worry. You don't need to answer your phone. If you haven't already, next time they call ask for their address and send them a request for debt validation, including asking them to validate how and why they are entitled to collect the debt. Then send them a cease and desist letter . . . and send a letter challenging the debt to the credit bureaus, on the premise that they did not validate the debt, therefore it is not your debt.
CRA=Crooks Recruiting Aholes!
:confused:I got my first call from these "people" at CRA trying to collect a debt that was from 1994! They threatened me with filing something with the IRS! When I asked them "from whom did you purchase the list of debts you're trying to collect?", he got rather upset, started cursing at me, at which point I just hung up and blocked the number on my cell phone. I'm sending them a letter today, isn't there a SOL in Alabama, I cannot find anything regarding it online. Thanks and good luck!
from 1994?that is so beyond SOL it's not funny.send a complete C
from 1994?that is so beyond SOL it's not funny.send a complete C&D letter.send it certified mail return receipt.if they contact after that you can sue them.
CRA.... This guy got on the phone with me just giving name, then
CRA.... This guy got on the phone with me just giving name, then said he was supervisor and next he was part owner.. Threatening to take me to court. I made some mistakes in my 20's but have been resolving all in early 30's. I asked for him to send me another letter and of course he wanted me to blindly send payment info.. yada yada.. They have my address from 5 years ago. He said "you have no legs to stand on and need to pay" I said yes i do, I'm standing in my kitchen right now. He then was real confrontational and I said this may work with other people but not me. He said " I deal with you people all day and it's the same story everytime". I said to him send me a letter or your not getting a dime.. I intend to pay my debts now.. Then he said that his huge company squashes whatever kitchen I'm standing in. Then I said is it bigger than my employer Comcast.. And he started ranting and I hung up..
Is this place a scavenger debt collector? Any help or good comments are welcome please.
Thank,
Brian
Hey can you please get me the address of Consumer Recovery Assoc
Hey can you please get me the address of Consumer Recovery Associates as they are trying to collect a Debt from me obtained without my knowledge from 2000... Thanks..