Marcozzi Weinstein atTorneys, cmg group
Date: Thu, 02/18/2010 - 09:11
A few months ago I tried to see how much I could get from a pdl. I later decided not to after seeing the interest rates on a bunch of them. I closed my bank accr after noticing withdrawls from a cmg group llc. A few weeks ago I got a call sayingthat it's been forwarded to a law office and that a case has been opened in pa. The law office was marcoZzi Weinstein associates law office. I told ten I never saw any paper work or anything like that. They said te moment I hit agree on the site I electronically signed a contract. I told them that it sounds fake and I won't pay a dime until I see something in writing. Today I got a call saying that the case is in it's final proceedings and I have to call them back to stop it. What do I do?
I also told them that I have since found out that pdl are illega
I also told them that I have since found out that pdl are illegal in pa
per law they have to send you notification through the mail stat
per law they have to send you notification through the mail stating your rights. This is also called a dunning letter. You do not have to do anything until you receive that.
I asked for it, but they said they already sent it.
I asked for it, but they said they already sent it.
Although I never recieved it, I also asked for a second copy if
Although I never recieved it, I also asked for a second copy if they already sent it. I have yet to get anything
what number came up on your caller id?sounds like a rent-a-lawye
what number came up on your caller id?sounds like a rent-a-lawyer,but i need to be sure.
they are actually weinstein,marchese.they don't seem to have a l
they are actually weinstein,marchese.they don't seem to have a license to collect or practice law in PA.send the DV letters to:
WEINSTEIN/MARCHESE & ASSOCIATES LLC
3840 ROBINSON ROAD SUITE 404
AMHERST,NY 14228
PH#1-866-779-0476
FAX#1-866-610-4384
get that letter to them certified mail return recepit.their website is a joke.
what is my next step? they said the best thing to do is "have my
what is my next step? they said the best thing to do is "have my day in court." they told me that i have nothing to stand on, however they have heard many of the same complaints i gave them of not seeing anything as far as the repayment or contract. what is the DV letter?
DV=debt validation.basically you are requesting that they prove
DV=debt validation.basically you are requesting that they prove you owe the debt,and that they are legally entitled to collect.there are examples in the do-it-yourself section top right of this page.unless this bunch of sewer rats in NY serves you.you have every right to get them that DV letter,and since they have sent nothing yet.i doubt they ever will.get the letter out,and they cannot contact further without either validating(impossible on an illegal loan)or they stop all activities.meaning no calls,no letters nothing.
include a C&D in that regard.basically include a section that st
include a C&D in that regard.basically include a section that states for example.
only contact me.contacting anyone else i'll consider that a violation of the DV request,and will seek legal advice.
that is what i put in my DV letters,and it worked like a charm.
are they allowed to call my family members? without my permissio
are they allowed to call my family members? without my permission?
hey same guy sorry to hear about whats going on. I had a similar
hey same guy sorry to hear about whats going on. I had a similar problem with a pdl a while back. The unfortunate thing about these loans is that you have to give references to get the loan and if you default on it they basically have permission to call them. Plus if you have a debt with them they do have the right to contact your famiily members to get a hold of you or to leave a message for you to call. Best advice is what was given above. Send them a DV letter and cease and desist. The cease and desist will immediately stop them from contacting you or your family by phone and if they dont send you validation of the debt then they have to stop contacting you all together and have to stop trying to collect on it or trying to pursue you legally.
well thanks for the crappy advice I got served a summons to appe
well thanks for the crappy advice I got served a summons to appear in court over this yesterday. Has them listed as plantiff and an actual attorney here in PA representing them. I called the attorneys office listed and asked about the licensing and practicing law stuff that you mentioned and they said that they are licensed and even if they weren't it doesnt matter because the debt was outsourced to their lawfirm and that you dont have to be licensed to outsource debt that you own to an attorney to pursue it in court for you. Then I asked them about the pdls being illegal and they said as long as they have proof and can show probable casue that I owe something to someone then they can proceed with this in court. What the Hell!!!!!!!!
Quote:Originally Posted by Anonymouswell thanks for the crappy a
Quote:
Originally Posted by Anonymous well thanks for the crappy advice I got served a summons to appear in court over this yesterday. Has them listed as plantiff and an actual attorney here in PA representing them. I called the attorneys office listed and asked about the licensing and practicing law stuff that you mentioned and they said that they are licensed and even if they weren't it doesnt matter because the debt was outsourced to their lawfirm and that you dont have to be licensed to outsource debt that you own to an attorney to pursue it in court for you. Then I asked them about the pdls being illegal and they said as long as they have proof and can show probable casue that I owe something to someone then they can proceed with this in court. What the Hell!!!!!!!! |
Hi there, I am going to forward this to skydvr, he can tell you how to proceed from here.
My take on this is, you never received a dunning letter (letter of collection) in the mail which is required by the FDCPA, therefore your rights have been violated. This happened to me once, I went to court and told the judge I never received ANY letter of collection thru the mail and I felt my rights were violated because of it, I also took a printed out copy of the FDCPA which stated the creditor was required to send me a dunning letter (see below), you can look up the actual law at the FDCPA site.
Quote:
What Must The Debt Collector Tell You About The Debt? Within five days of their first contact with you, the debt collector must send you a written notice telling you: * How much money you reportedly owe; * The name of the creditor to whom the debt is owed; * That unless you, within thirty days after receipt of the notice, dispute the validity of the debt or any portion thereof, the debt will be assumed valid by the debt collector; * That if you dispute the debt in full or in part within that thirty day period, the debt collector will obtain verification of the debt and mail it to the consumer; and * That upon your written request within the thirty day period, the debt collector will provide you with the name and address of the original creditor, if different from the current creditor. The first notice must also include a warning known as the "Mini-Miranda Warning", which must state that the communication is from a debt collector and that any information obtained may be used to collect the debt. Except for pleadings associated with a legal action, all subsequent communication from the debt collector must also include this warning. |
Most likely the case will be continued but I would also take a print out of your state laws regarding payday loans, therefore the Attorneys are trying to collect on an illegal debt. Anyway, I will forward this to skydvr, her can advise you better than I.
well thats another problem. I moved recently and still get some
well thats another problem. I moved recently and still get some mail to my moms house which is my old address. I picked up my old mail and looked through it all and sure enough there was a letter notifying me. Anyways it's not really an issue now because I called that weinstein company again after I wrote on here earlier because I was freaking out and actually got through to someone who was willing to listen to me this time. After I explained that I never wanted the loan and that cmg llc was taking money out of my account anyway and I closed the account, they asked that I show bank statements to prove it. I sent them over and got a call back. They said that they are not going to pursue anything on the account and certify mail me a paid in full / clearance letter on monday to protect me, because they believe after reviewing everything that I sent them along with the paperwork and online application they had on the account that cmg wrongfully did give me this loan without my permission. He said they will contact the attorney they outsourced it to and make sure that nothing is done on it. I have alot of debt and have been dealing with creditors and am actualy shocked as to how well this guy treated me for once. He stated that he has heard bad things about cmg from other consumers and has seen this happen before. He said to hang on to the letter he sends me just in case this ever comes up again and as long as I have a paid letter I am fine. He said he didnt't feel right taking any money from me considering that cmg already did without my permission and will do what he can to make sure I dont ever have to pay anything on this again. I apologize for blowing up earlier on this forum i am just stressed about the debt that I am in. I am just happy that I don't have to worry about this one anymore.
Quote:Originally Posted by Anonymouswell thats another problem.
Quote:
Originally Posted by Anonymous well thats another problem. I moved recently and still get some mail to my moms house which is my old address. I picked up my old mail and looked through it all and sure enough there was a letter notifying me. Anyways it's not really an issue now because I called that weinstein company again after I wrote on here earlier because I was freaking out and actually got through to someone who was willing to listen to me this time. After I explained that I never wanted the loan and that cmg llc was taking money out of my account anyway and I closed the account, they asked that I show bank statements to prove it. I sent them over and got a call back. They said that they are not going to pursue anything on the account and certify mail me a paid in full / clearance letter on monday to protect me, because they believe after reviewing everything that I sent them along with the paperwork and online application they had on the account that cmg wrongfully did give me this loan without my permission. He said they will contact the attorney they outsourced it to and make sure that nothing is done on it. I have alot of debt and have been dealing with creditors and am actualy shocked as to how well this guy treated me for once. He stated that he has heard bad things about cmg from other consumers and has seen this happen before. He said to hang on to the letter he sends me just in case this ever comes up again and as long as I have a paid letter I am fine. He said he didnt't feel right taking any money from me considering that cmg already did without my permission and will do what he can to make sure I dont ever have to pay anything on this again. I apologize for blowing up earlier on this forum i am just stressed about the debt that I am in. I am just happy that I don't have to worry about this one anymore. |
I am so glad that you got this taken care of, sometimes we just need to stand up for ourselves but so many times it's easier to just ignore. Yay for you!
Quote:Originally Posted by Anonymouswell thanks for the crappy a
Quote:
Originally Posted by Anonymous well thanks for the crappy advice I got served a summons to appear in court over this yesterday. Has them listed as plantiff and an actual attorney here in PA representing them. I called the attorneys office listed and asked about the licensing and practicing law stuff that you mentioned and they said that they are licensed and even if they weren't it doesnt matter because the debt was outsourced to their lawfirm and that you dont have to be licensed to outsource debt that you own to an attorney to pursue it in court for you. Then I asked them about the pdls being illegal and they said as long as they have proof and can show probable casue that I owe something to someone then they can proceed with this in court. What the Hell!!!!!!!! |
It just clicked that you were complaining about receiving crappy advice, please explain yourself because I don't see how the advice you were given was crappy. You have to take some responsibility for not obtaining your mail in a timely manner and not responding to the letter of collection.
Quote:well thanks for the crappy advice I got served a summons t
Quote:
hang on a second there, I dont believe that the guy on the phone was telling you the truth at all.
First, let's not come in here complaining about crappy advice because some debt collector chose not to follow the laws, ok? We can only tell you what the laws say, we cannot force the debt collector to abide by them for you.
Second, why would an attorney debt collector--apparently one that isnt licensed in PA to be either--tell you the truth now? They are only in this for one thing--the money. Do you actually expect a debt collector that is clearly operating outside the law to be 100% honest with you? It DOES matter if they are licensed or not--I have personally seen cases both on and off of this forum where people were sued like you have been, went to court proving that the plaintiff isnt even licensed to collect debt in that state, and had the case thrown out because of it. That doesnt mean it will stop a lawsuit in all cases, but there have been more than a couple times where it did just that. Dont let that lawyer lie to you--it doesnt matter if the debt collector owns the debt or not, unless they are the original creditor, they are required to be licensed as a debt collector in your state. Whether they bought the debt or were merely assigned to collect it makes no difference on that point.
Next, I would not trust what you were told on the phone. This is a classic trick that bottom feeders like to use....they file a lawsuit, tell you that everything's taken care of, say "you dont need to show up in court, we'll end this whole thing ourselves", and then BAM, they file for default judgment--and get it too--because you never showed up in court. Dont trust them for even a second. The one rule of thumb here is to GET EVERYTHING IN WRITING, and also to get it before the scheduled court date as well. But me personally, I wouldnt even be going this route. I tend to fight these clowns more aggressively, perhaps, than many do. If this were me, and they filed suit against me like this, I would file my answer to their summons, denying everything about the so-called debt. I would then file a countersuit against them for the harassment they have caused. I would show the court how they are unlicensed, and I would provide the court with copies of your bank records, showing how they took money they had no business taking...and THEN they are here trying to get more out of you. I would show those same bank records, because they would undoubtedly show that no deposit was made--in other words, you didnt take a loan with them in the first place. If you had, your bank records would show the loan amount deposited into your account.
After all of that, I would also quote the PA state statute that makes payday loans illegal. I would show the court that the plaintiff:
1--is unlicensed to conduct any business in your state
2--is falsely claiming that they loaned you money
3--unlawfully took money from the bank account that they had no business touching
4--is admittedly and willfully violating state law because PDLs are illegal there--they are required to know the laws and follow them, and clearly choose not to
5--has filed a false complaint with the courts, since no loan ever took place at all
I could go on further if I had more info. For example, if this is on any of your credit reports, it is a violation of the FCRA each time it has been reported or updated. That's a statutory fine of $1000 PER VIOLATION....payable to you. They are subject to the FDCPA, a federal debt collection law. They have also violated this in numerous ways, and the statutory penalty there is up to $1000 total, no matter how many violations they have committed.
To answer an earlier question, NO, they CANNOT contact your family members, if they have already contacted you. That is known as "third party communication", and they are only allowed to call a third party to try to locate the alleged debtor. So, let's say they call you today. You speak on the phone to them. That means they already have your locating info, because they talked to you. They are now not allowed to call anyone else to talk about any of this. If they called you, and then AFTER they talked to you, they talked to your family, then they are in violation of the FDCPA.
look guys I said in my earlier post i was sorry about blowing up
look guys I said in my earlier post i was sorry about blowing up and saying I got crappy advice and I do take responsibility for not responding and picking up my my mail more often. I was just upset because I am in a lot of debt and its stressful. I did get what they said in writing so i dont think it's a trick. I have a copy on the way being sent certified mail and I made them fax a copy to me and they did. It says exactly what they said it would and it states that the account is paid in full and satisfied. I don't want to start any trouble because like I said before, out of all the creditors that have been calling and I have been dealing with this company ended up being one of the easiest to deal with and treated me the most respectful. I don't want to keep going in circles and really don't want to discuss this account anymore. I would however like to seek some advice on 2 other accounts with 2 different companies that I am having a really hard time with and are not treating me well at all. If I give you the names of the companies and what they are telling me can you assist me again with what to do? I hope you don't mind me asking for more advice
Quote:Originally Posted by Anonymouslook guys I said in my earli
Quote:
Originally Posted by Anonymous look guys I said in my earlier post i was sorry about blowing up and saying I got crappy advice and I do take responsibility for not responding and picking up my my mail more often. I was just upset because I am in a lot of debt and its stressful. I did get what they said in writing so i dont think it's a trick. I have a copy on the way being sent certified mail and I made them fax a copy to me and they did. It says exactly what they said it would and it states that the account is paid in full and satisfied. I don't want to start any trouble because like I said before, out of all the creditors that have been calling and I have been dealing with this company ended up being one of the easiest to deal with and treated me the most respectful. I don't want to keep going in circles and really don't want to discuss this account anymore. I would however like to seek some advice on 2 other accounts with 2 different companies that I am having a really hard time with and are not treating me well at all. If I give you the names of the companies and what they are telling me can you assist me again with what to do? I hope you don't mind me asking for more advice |
okay it was me whos advice he targeted.i for one accept the apology,and am also glad this took care of itself.don't be shy about asking anything further.
Hey guys, well I spoke to mr Weinstein, told him the speil of I
Hey guys, well I spoke to mr Weinstein, told him the speil of I never authorized it etc, he told me that he has heard plenty of complaints about cmg. He researched the account, and sent me a paid on full letter. You guys gave me great advice!! Thanks.
Understand your rights
Quote:
Originally Posted by anonymous i also told them that i have since found out that pdl are illegal in pa |
1st of all if it is illegal to get payday loans in your state your law states a store front lender can not loan you the but according to the law if you seek out the lender and apply and agree to the terms of the loan based on the state laws where the lender is you are held liable to those laws not the laws of your state and any attorney or judge can enforce those laws of the state you applied to have the money sent from and i and others according to different sites have been sued and have been ordered by a judge to pay back moneys court cost attorney fees and filling fees now my 350 loan is almost 2000 dollars because i thought i was smarter then the guy who called me guess what i wasnt he won i lost now im paying for it and the judge said if i dont pay a court order i could be held in contempt and go to jaillll!!!!!!!!!!!!!!!!
[QUOTE=skydivr7673;657198] THEY CAN DO ALL THEY SAID THEY CAN D
[QUOTE=skydivr7673;657198]
THEY CAN DO ALL THEY SAID THEY CAN DO AND MORE YOULL END UP PAYING A SHIT TON OF MONEY IN THE END CAUSE YOU THOUGHT TO LISTEN TO A$$ ON HERE TRUST ME IM STILL PAYING
The quote below was typed up by the debt collector breaking the
The quote below was typed up by the debt collector breaking the FDCPA to make it look like they sued debtors, which they do not. I am an attorney in the state of Pennsylvania and I checked all open civil claims on pacer to find not one open civil claim. They do not have any open cases at all accross the US actually where they are listed as a plaintiff, but I did find a case with WEINSTEIN & MARCHESE listed as defendants meaning debtors have filed lawsuits against them for breaking the law. So, if you hear any more lies from "debt collectors claiming to be debtors" who were served by this company, just contact the New York State Attorney Generals Office regarding this "collection agency" since they reside in NYS. They are using a name like Weinstein and Marchese to sound like attorneys when they are not. The previous post about sending a 30 day dunning letter was infact correct. If you did not receive a dunning letter giving you 30 days to dispute the debt in writing then WEINSTEIN & MARCHESE are in violation of the Fair Debt & Collections Practices Act of 1978. Its a violation for every letter they did not send to every debtor in their database. This means if someone were to file a class action law suit against them they would probably owe hundreds of thousands since its $1000 per violation. I'm guessing they would just close up shop and start another little boiler room operation. Someone should really find out the name of the debt collectors so the NYS Attorney General can take matters into his owns hands.
Weinstein & Marchese Debt Collector : "well thanks for the crappy advice I got served a summons to appear in court over this yesterday. Has them listed as plantiff and an actual attorney here in PA representing them. I called the attorneys office listed and asked about the licensing and practicing law stuff that you mentioned and they said that they are licensed and even if they weren't it doesnt matter because the debt was outsourced to their lawfirm and that you dont have to be licensed to outsource debt that you own to an attorney to pursue it in court for you. Then I asked them about the pdls being illegal and they said as long as they have proof and can show probable casue that I owe something to someone then they can proceed with this in court. What the Hell!!!!!!!! "
And also the quote below is another Debt Collect that is a joke
And also the quote below is another Debt Collect that is a joke that doesnt abide by the Federal Laws. The caps lock shows the magnitude of professionalism when it comes to dealing with these small boiler room operations. It's sad that a consumer can't even get onto the interet and complain about a company with out the owners or collectors getting online to post fake comments posing as debtors. Pathetic... you know who you are. If this post about this company persists, I will take matteres into my own hands and have Mark Mailman an 1 here in PA take care of this matter by contacting the attorney general for NYS. Then the problem will be solved.
Debt Collect #2 : "THEY CAN DO ALL THEY SAID THEY CAN DO AND MORE YOULL END UP PAYING A SHIT TON OF MONEY IN THE END CAUSE YOU THOUGHT TO LISTEN TO A$$ ON HERE TRUST ME IM STILL PAYING "
thanks for exposing the shills guest.they really are pathetic ar
thanks for exposing the shills guest.they really are pathetic aren't they.