440-735-5100 – an illegal call from mccarthy burgess and wolff

Mccarthy Burgess & Wolff
26000 Cannon Rd.
Cleveland, OH 44146

They are listed as collection agency in BBB record. So they have to follow fdcpa rules. Write them letter and send it via CMRRR. They cannot start collection procedure before responding to your demand for validation.

Whats a CMRRR

Quote:

How much can they legally demand from you a month if the debt is valid?

Well They may not be willing to work anything out with you and demand all the money now...but if that were the case and you couldnt do it, they would take you to court and the judge would set up payments that are suitable...But do try to negotiate with them for something that you can afford. They may be nice about it or they may be hard butts...Just dont let them scare you or intimidate you

Let them validate the debt before you start worrying about paying. No matter what,as the old saying goes.They can't squeeze blood from a rock.

I started receving calls from them through the # 866 640 6996 with the extention # 2800 and a reference #. A recording says that it is an important business matter . They claim I owe them money. I read online that I should write them a letter and tell them to stop harassing me. Also send a copy of letter to BBBureau in Ohio where they are out of.

They have been calling and harrasing me saying that they are attorneys and will sue my company forcing me to give it to them. What can I do? I have told them several times that the total balance is not mine, my ex signed the contract for the bill not me,but they won't listen?

Jennifer: Check your state laws about recording phone calls and then start recording them. It is illegal to threaten you like that. Also send them a DV letter. If your ex signed the contract then there is no way they can go after you (might be able to if you live in a community property state and you two were married when the debt was made- but not sure)

i have gotten a call from them also the women was very rude to me wouldnt talk to me cause she wanted to talk 2 my husband and said it was a fraudulent account cause i messed up on the address and by the time my husband get off work they are closed so i dont know what to do i want to set up a payment plan what should i do any advice?

MM........'Burgess'..does this office have anything to do with this Douglas Burgess? All kinds of threads, abiut this guy.

make sure that they are able to follow fdcpa..if they are collecting for a contracted account, then they don't need to follow fdcpa..there are three types of collections, first party, third party and commercial accounts. sounds to me like you have a commercial account, if that is true, no fdcpa rules apply there. they only apply on third party collections. you said your husband signed a contract, that is the proof..they have a signature for a company contract...you might not be liable but if it is in a community property state..and you received money from the business from your husband at the time the contract was in effect..and if you were not inc or llc, you might be liable to pay it back especially if you guys were a dba..work something out with the company..they might settle on this amount due..it is not going away.. and can get worse if the company they collect for and the amount is high enought to sue on.

They claim they have "contracts" for these debts/ they claims they are a law firm/ ALL LIES! Its a commercial agency that makes people think they are a law firm collecting for yellow pages or verizon but NEVER EVER can produce a "contract". Dont give out your banking info/ If i wasnt an honest hard working human being, i'd have so much money and credit.Know why? I STILL have all the routing,checking,savings and any other financial and personal info that you people give out this fraudulent company. I quit b/c they are louuuusssy, liars and Lazy!Especially Rochelle Montgomery.440-735-5100 call em and tell em about their selves!

Consumer 1,

A commericial account is any account opened by a business to another business. The liability falls on what type of credit report was run. If the account was run with a Tax payer id (TIN) or the other business credit reporting company number (can't remember the name) or a SSN. If it was a SSN it makes it a personal loan subject to fdcpa.

this company has also been harrassing us. they say the represent verizon for directories avertising. we did not renew this but they kept billing us for automatic renewals. the total now is 1286.00 however the garfield that agressivelly calls and leaves messages says it is now 1500. the sent letter referring to take us to court. i do not wish to even talk to these people the are hostile. does anyone have advise.

Trolling/judgmental words deleted as it violates our board rules.Cajunbulldog

Moderators, delete this post as imflammatory.

Look, it is quite simple, if you get a call from these people it is because you have broken a lease or have broken some kind of contractual agreement because they do not deal with any other types of accounts.. that is why fdcpa does not apply in this firm. Believe it when i tell you, they are a law firm and there isn't a judge out there who dosen't grant their judgment..they have the documents to prove it, always.. to make a long story short, pay what you owe and quit blaming someone else when they finally find you and ask you to make good on a contract

in short you are a TROLL!!!!!!!!most companies like this one get
default judgements because they don't have any documentation to back there case.so it's nice that you came out to support a criminal CA and to belittle us.....NOT!!!!!!!now
scram troll.

How come if they "have the documents to prove it" they never send them. Seems like a simple way to resolve the problem.

I'm currently dealing with a CA for a yellow page ad that we never approved of.

The OC called and said that they had a contract to run the ad, I asked did they have a signed proof for the ad. They said it did not matter since they had the contract.

Now in the world of ads you make a contract to place ads then the ads are made and are proofed. Theire claim is that they only need the contract, to which I asked so the content of the ad is left up to them and we have no choice.

She said that they were turning it over to a CA and when the CA called I again asked for the signed proof to which they said they would get it they call each week and I say I am still waiting on the proof and they said they will obtain it.

See these so called by the book companies cannot be trusted and you need to REQUIRE not request or ask but require they prove everything.

Please do not believe this is an atty firm they are a collection agency and only a colection agency. They have access to attys but are in no way lawyers. The collectors strong arm you because their paychecks depend on collection of accounts. They work hard while the owners fly off to trips and reap the benefits of treating employees like lesser people not realizing its because of them the owners can run off together and spend unreal amounts of money on trips and luxuries ... ask the owner to see her diamond ridden fngers and thank her employees that her hubby can afford them

Please do not believe this is an atty firm they are a collection agency and only a colection agency. They have access to attys but are in no way lawyers. The collectors strong arm you because their paychecks depend on collection of accounts. They work hard while the owners fly off to trips and reap the benefits of treating employees like lesser people not realizing its because of them the owners can run off together and spend unreal amounts of money on trips and luxuries ... ask the owner to see her diamond ridden fngers and thank her employees that her hubby can afford them

Phone Calls Abounded. Finally they stopped, followed by a letter demanding payment to a Company I never heard of nor did business with ever.
The name on the bill is not in existence, the address is a Single Family residence.
This whole matter is bogus.

Is the bill addressed to you? What is the name of the company?

Does it have these disclosures in the letter or something similer?:

"This communication is from a debt collector,,,,etc..."

You have 30 days to dispute this debt............etc"

If so format this letter to your needs and send it to them certified mail return receipt requested. do not sign the letter, only type or initial your name, so they cannot forge your name on documents at another time.

Your Name
Your Address
CITY/Town, STATE ZIPCODE

Date: March 9, 2005



Collection Agency Name
Address
CITY/Town, STATE ZIPCODE

Re: Acct Ref. # XXXXX and XXXXX

To Whom It May Concern:

This letter is being sent to you in response to a alleged debt. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you
.
What I need you to provide as the debt validation is as follows:
1. What the money you say I owe is for;
2. Explain and show me how you calculated what you say I owe;
3. Provide me with copies of any papers that show I agreed to pay what you say I owe;
4. Provide a verification or copy of any judgment if applicable;
5. Identify the original creditor;
6. Prove the Statute of Limitations has not expired on this account
7. Show me that you are licensed to collect in my state
8. Provide me with your license numbers and Registered Agent
9. Proof that the collection company owns the debt/or has been assigned the debt. (You are legally entitled to collect this particular debt from me.) This is basic contract law.
10. Complete payment history, starting with the original creditor. (I need to have proof of my payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been tacked on to this debt and how you/they determined these fees.) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..
11. Copy of the original signed loan agreement or credit card application. (My contract with the original creditor establishing the debt between us.) This is also basic contract law.

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau's (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent

I will not hesitate in bringing legal action against you for the following:
1. Violation of the Fair Credit Reporting Act
2. Violation of the Fair Debt Collection Practices Act
3. Defamation of Character

If your offices are able to provide the proper documentation as requested in the following declaration, I will require at least 30 days investigating this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, 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. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

It would be advisable that you assure that your records are in order before I am forced to take legal action.



Best Regards,

They claim it will not show up on your credit report if you pay their demands. Believe me it is ALREADY THERE when they were sent the file. The original debt was written off by the original creditor when they sent you to the parasitic cc. This company is not a law firm but a strong armed collection agency with no more power than any other CC.

called our home - we don't owe any money to anyone (of that I am certain). Guy on the phone (Chris) was mouthy to my wife - hung up on her when she would not provide any personal information. I think these guys are trying to extort money from anyone they can (even people who don't owe anyone anything). I am considering contacting the police to see who these people are and why they were calling me.

next time they call, at the very beginning of the call inform them you are recording the call so ensure Fair Debt Collection Practices Act is being followed, then pause, then tell them that they are to stop contacting you IN ANY WAY other then thru US mail.

and file complaint with the govt agencies that others suggest but I personally have never gotten help from these agencies although I have files of proof that I don't owe 3 specific debts. Nothing is done by govt agencies until enough people file complaints.

But let them know that you know your rights per the Fair Debt Collection Practices Act (see posting on this site for specifics) and let them know you WILL follow thru with each and every violation of it and that you also won't stop until THEY comply.

Look, here is my concern: WE DO NOT OWE ANYONE ANYTHING!! I think this company is trying to extort money from us by being rude and saying we owe AT&T or whoever money. WE DON'T OWE ANYONE ANY MONEY.

These people are dangerous.

To my amazement, I received three calls from them on my business cell phone this week.

I think they are trying to collect for some disputed yellow pages advertising from back in 2003, yes 2003. (I say disputed because verizon didn't provide the proper placement we requested for the ad, we requested a discount for the mistake, but they refused...believe the outstanding amount owed was about $500). In all these years there has been no collection activity from verizon or collections listed on personal reports, but with a little research I found that this M,B &W typically handles collections for them.

Should I even respond to them after all the years. What's funny is my cell phone has been the same all these years and the are just now calling from a 2003 bill??? I'm pretty sure no contract was signed for the advertising, just handled over the phone with an ad rep...can they collect/report on a 2003 debt in 2009? Should I write a DV letter as described above? They don't have our current address and contact info is typically included in a DV letter...is it a mistake to provide the with my address and does that matter? We are located in Virginia. Please advise what should we do in this situation. Sorry to sidetrack the topic.

Thanks

Use a PO Box or UPS Mailbox and send them a DV letter using that address.

we got a letter from this institution and like I figured, we did not owe anyone anything. They were trying to say we did not pay a bill to DHL or something like that - but (thankfully) we had saved the proof that the bill had been paid.

Like I said, these people are dangerous

Everyone who has said something about this company is wrong. Here is an idea if you are tired of them calling you how about calling them back and find out what it is. This company is a "COMMERCIAL AGENCY" meaning they are NOT governed by the FDCPA. The FDCPA applies to consumer accounts like cell phones, mom's credit card, student loans. This company collects for companies and corporations, your local delicatassen. That is totally different. How about learning the law before you start quoting it? Let's be honest no one likes agencies calling us to collect money from. But hey if you owe it they are going to call you. These people are not dangerous and if the people that are calling wouldnt have ran their business into the ground they wouldnt be calling you. COMMERCIAL ACCOUNTS NOT CONSUMER TOTALLY DIFFERENT AND NO FDCPA.. Look it up or call an attorney and find. You will be suprised.

to it doesn't matter.anybody collecting is governed by the FDCPA.nice try,but not good enough.

for the moderator....please see what a legal collection provider has listed on their website:

What Type of Debt. Evaluate what type of debt you are alleged to owe. If the debt collector is attempting to collect a consumer debt such as a utility bill, car payment, home mortgage etc., you may be protected by the FDCPA. If it is a commercial debt such as rent for office space, you are probably not protected by the FDCPA. Certain other debts that do not fit squarely in a category may - or may not be covered by the FDCPA. For instance child support payments and fines for traffic or parking tickets are not consumer debts.

As you can see, commercial agencies are not subjected to the FDCPA. If you choose to be a moderator....please be aware of the laws.

read the thread chumley.this bottomfeeder is contacting people.not for commercial debts.i love how you people want to come on and try to skew what the thread is about.nobody here has said that this scam is calling for commercial debt.another two shills trying to convince people of something that isn't true.this is a scam collector.prove otherwise.

I received a notice to pay a settlement of half of what I owed to Idearc media. It is only giving me 2 days to pay it. I sent my request for validation letter crrr. This all started when I called Idearc to discuss a bigger phone book ad a while back and they said they were too close to the deadline for that years book. I was persistent in trying to get a new ad in that book and they were to come up with a "proof" for me to approve. I had my wife handle some of the calls and apparently they discussed pricing for the size ect. Apparently they agreed upon a package pending an approved proof by us. We never did hear back or get a proof so we assumed they were unable to complete all this by the deadline. Major change of heart in the business so we decided to close doors and a few months later we started getting billed for the ad. I called and complained but got nowhere with them so I refused to pay a dime. Now I am getting this settlement letter to pay half. I don't feel as if I should pay them because they did not fulfill the order the way we specified. I always pay my bills and this is my first problem I have ever had. My credit score is 793 and would hate to have it beat around. What should I do?

geralbb, unfortunately that sounds like it is a business debt and that may not be covered. The best you can do would be to continue to dispute the debt until they either report it on your credit report (then some credit reporting rights would cover you) or until they sue you. The bottom line is they had to have gotten an approved proof, which means your signature. Since this never happened, they don't have much of a leg to stand on.

Has anyone ever been sued by these people? I mean actually gone to court?

These people should not worry you any more than something stuck to the bottom of your shoe.Just don't take calls from the 440 area code or calls that come in as private

I have gotten 4 calls today. They call my home, they call my business. They speak with my employees. I told them I prefer to deal directly with IDEARC
(verizon) directly. Ms. Mason gave personal information about my account today to my employee. My employee said I was out of town and Ms. Mason lied and said she had just gotten off the phone with my wife who stated I was in town. She did not speak with me or my wife today. She is always rude when she calls and makes threats.

She leads you to believe she is an attorney with McCarthy Burgess and Wolf most resently she threatened to bring charges against me.
Caller ID: 440-735-5100 ext 3376
Caller: McCarthy Burgess and Wolf

Nasty, Nasty people to deal with. Do not want to work with you to correct a debt just want to yell at you and demand payment in full. nothing else.

Just got an email from these folks w/ an address that is over 5 years old listed for me, but a business name that is only 3 years old. Don't know where they are getting their info, but I think they are trying a scam. I never owned a business, just created the name to be able to receive certain business type materials (only available to business owners). So, there never was a business!! Yet they are tellng me the amount I owe is for my business and was on a signed contract. They say I owe a relatively small amount of money and if I thought I owed it, I would probably think it was something overlooked and promptly pay it. Not going to pay for something that couldn't have happened.

I just got the same thing via email today. What a scam company. Saying I owe them $58.49 but won't state for what. Very Shady.

All I can say is that I'm glad we saved a recipt that was proof that we had paid our bill. When these people called us they were rude beyond belief and it turned out we didn't owe anyone anything !!! These people are out of control and dangerous.

She (representative from MacCarthy) keeps saying me that she send me fax with confirmations. I never got them and I asked to fax it over again and she said: "I won't fax you over and over". Very rude! She told me as well that she won't keep calling me again. This is not a fraud. And hang up on me. I think that should be nice to send a letter first. Then we can be aware about it...Instead to get harassing calls.

they call me too i hang up, dont answer and delete the messages>>>>> after a while they will stop. they are not real attorneys it bull ****

ipayment uses this company. Both ipayment and Mccarthy are horrible. First the account was opened as a favor to a small company I worked with in 2002 and I wrongly assumed they would change the contact information on the account shortly afterwards. I never was an owner of the company nor responsible for any accounting, yet I am being held accountable for $140 from 2008 for a monthly payment to ipayment.

Ipayment is horrible as I called them 4 different times, explained the situation and they never store any previous data in their system so you have to start fresh each time. One person told me to fax in proof I was no longer associated with the account. I did this and then I started getting calls again. The next person had no recollection of the previous call so took me an hour to explain again. After going through this 3-4 more times, I decided to just pay the bill. I sent in a check. Then I started getting calls again. Next, they tell me they don't accept personal checks.

They dump all their receivables to McArthy and Burgess which starts calling my home line every day annoying my wife.

I am thinking of filing a small claims harassment suit against both companies for my time wasted dealing with this crap.

Don't think they're illegal - but here's my situation:

I've been attempting to deal with Idearc as well over an internet phonebook listing that I could not afford and had tried to cancel. I had them send me the information for a 6 month agreement, which I received nearly 2 weeks after we spoke. It seems that I sent a cancellation letter too late, (as I found out later that I had 2 weeks to respond from the date of the "agreement", not from when I received the paperwork) it has been through another collections company and now is at this collection service. I've sent letters thru the mail to Idearc, the other collection service and have had no response. Unfortunatley I was not forward thinking enough to do the return receipt thing, so I have no proof these letters were sent. Shame on me.

I received a letter in September from this firm, I sent a letter back about 3 weeks or so later (again, not thinking of the return receipt). Didn't hear anything then I received another letter from this firm as it appears they didn't get my letter from last month and are expecting payment of over $4000 immediately as "a brief review shows no reason why they should not be entitled to full recovery.".

After reading these posts, I'm scared to call them. I don't know if people just are not receiving my letters or they are being ignored. I have a situation that needs to be handled, but if they are that hateful to deal with, it is going to make it tough.

Open for suggestions as to how to proceed. The letter they sent dated last week I received yesterday and said they would hold action until November 7, 2009 pending receipt of my check. How can they hold me to something that I never signed? And I've tried faxing a letter in today as obviously not going to get to OH before saturday and I cannot get thru??? I feel that Idearc was also pushy in their sales stuff too. Should have just said no and hung up the phone, but once again, shame on me for not doing so.

will keep this board up today in the hopes someone has some guidance or suggestion for me. Or if I'm just screwed...Thanks.

If you dont like them calling you then you need to have your lawyer draft up a letter explaining that you only want to be contacted through mail. When they start calling you at home or on your cell it infringes on your rights as an individual. Therefore you are protected by the laws for individuals. They can however continue to call your business or send you letters. Every state is different. Check out your laws in your state. You can however stop the harrassing phone calls. MBW have a history of being sued for harassing phone calls yet they continue to not change. I know of 16 cases within the last 3 years that they have lost in regards to this very matter. One was recently by a client which sued for harassment due to them calling despite the letter. Once judge saw the certified letter that was sent 3 times the judge refused to listen to MBW. Just some advice to atleast stop the calling while you figure a way to pay back the debt. However if you do owe the debt please find a way to pay back no matter how long it takes. If you show companies that your willing to pay back no matter how small they will respect the fact that you have been trying. Then they will have no choice but to work with you. Dont wait till the court date to show them you want to pay. Begin now so that you can go before the judge with a clear conscience knowing you have history of paying them back something. Good Luck

Just call them, maybe there are provisions in your contract that it automatically renews unless you cancel by a certain date, plus interest might be accruing. Offer thema a settlement of $700. to take care of it, make sure you get a letter stating they will accept your settlement as payment in full. Once you pay the settlmeent amount - make sure you get a letter showing the account is settled and that you are no longer responsible for the balance. One more thing, make sure you contact Verizon to make sure your account is closed & there will be no future billing.