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Integrity Debt Solutions, Brad Daley & CMS – part of a big scam

Submitted by on Sat, 08/02/2008 - 12:38
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Integrity debt solutions is run by scumbag Doyle Bruekner. Integrity Debt Solutions peddles debt elimination scams like CMS "Court Mediation Services" created by scammer Brad Daley. Integrity Debt Solutions doesn't give a damn about the ignorant consumer who buys a product like CMS because they think they are immune from liability because they are just selling the fraud! Oh by the way.......the heat is coming down on brad daley & cms because it is a HUGE fraud, so what does Doyle Bruekner do he conveniently strips it off the Integrity Debt Solutions website. Integrity Debt Solutions is a criminal enterprise!


Integrity debt solutions is a totally different company than Integrity Debt Solutions-Texas. I found out that there are many companies with the name "integrity" in their title and they are all separate.

Integrity Debt Solutions-Texas is a company that is legitimate - they specialize only in Texas and offers a money back guarantee. They told me ALL of the details up front so I wouldn't be surprised and after 3 years I found that they were telling me the truth.

I am very satisfied with the service they gave me and would recommend them to anyone.


Submitted by on Tue, 11/18/2008 - 08:42

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All I can say is CMS with Brad Daley is working and this forum is not the place to talk about legit companies.
I have experienced post deletion and them adding links to different places than I was referring to.
good by, have fun, enjoy your debt :!:


Submitted by on Tue, 11/18/2008 - 09:36

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Tom321: Just because the 2 web-sites have the same testimonials doesn't mean anything, they are both promoting CMS, that is why they have the same textimonials.
Check out any online business opportunty, for example CASH GIFTING, I guarantee you that you will find numerous sites that promote and have the same verbage in their site and the same testimonials. They are using the same marketing material.


Submitted by on Tue, 11/18/2008 - 14:43

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One was for debt settlement and the other was for debt elimination. These two processes are 2 completely different things but have the same testimonials. This is not alarming to you? And the debt elimination scheme is the same stuff we have heard time and time again. I read it and listened to the recording. I know personally to be completely false.

Any company that does not handle their own business raises a red flag in my book. But that's my opinion.


Submitted by on Wed, 11/19/2008 - 06:34

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I understand where you are coming from. Try to remember that these sites are in competition with each other and are not owned by CMS or anyone affiliated with CMS, they are in competition with each other and push other programs besides CMS. They steal from one another, it's been going on forever, the hot thing now on the internet is debt whatever, so these owners use the same marketing items and testimonials to promote their sites. If you are implying CMS is a scam, and it may be, WHERE ARE THE DEAD BODIES? CMS has been on the internet now for quite a while, if this was a scam people would be coming forward left and right and they just aren't.
Remember, this is the internet, I can be anyone I want to be on the internet.
If you have gone through the CMS process and you know this to be false as to what they they claim, then why aren't you doing something about it?


Submitted by on Wed, 11/19/2008 - 07:15

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You misunderstand. I was ripped off by a settlement company so I took it upon myself to learn about the industry. debt elimination is a SCAM. It can't be done.....period. And the debt elimination site states things that I've learn that are completely false because I tried them and failed before I knew that it can't be done. Also I consulted with a consumer lawyer in my area and he also helped me understand the industry.

I have learned that if anyone offers debt elimination you better run the other way. The ideas of how it can be done is complete nonsense. I listened to the recording and it's a joke. But the only reason I know this is because I took it upon myself to educate myself. Among the industry it is common knowledge that it can't be done unless you do something illegal.

A scam has a beginning and an end. No dead bodies yet might be because the body count is low at the present time. It may never get high and they may decide to close down and open up somewhere else. You never know.

Is CMS a Scam? Don't know. But doing a little investigating of these sites raise a serious red flag down to the cheapness of the sites themselves. When you have to play detective to find out who is the backend company, that is a serious red flag. That's why it is also common knowledge in the industry that you should only go with companies in YOUR IMMEDIATE area where you can go into the office. NOT the internet. But people never learn. I would advise anyone to choose another company. My Spider senses are going berserk on this one....LOL. Better to be safe than sorry.

But one thing is for certain......DEBT ELIMINATION does not exist.


Submitted by on Wed, 11/19/2008 - 09:00

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When you use the laws that are in place, how can this process be illegal? Contract law, you make the cc company if they accept that have obligations, if they don't accept they are under no obligation.
You are correct that there is settlement companies out there that use legal sounding documents that are given to a client with the purpose they submit to their banks to absolve them from their payment obligations, which are not only fraudelent but have the potential for justice dept. investigations.
But, this is not the case for CMS. Although the recording sounds cheesy it is a stripped down and easy to understand version of the process. Once you inquire about the process from one of their agents , you should receive full disclosure and have the opportunity to as any questions you may have. I did not learn of this program through the internet, and although your "immediate area" comment holds true is some cases, with CMS it is beneficial. When the creditor accepts the new terms and performs on it, one action being switching over correspondence addresses to CMS's , they have inadverdently changed jurisdictions. In this strategy it may deter the cc company further from pursuing collection since they would have to travel states possibly countries to do so. This along with the new contract, the continuance of them cashing CMS's consideration cheques on your account (now theirs), the assignment and the limited power of attorney, plus the countless violations of the Fair Credit Billing Act, Fair Debt Collection Practices Act and Fair Credit Reporting Act the burden of proof is an uphill battle for the cc companies and in the end their time would be better spent collecting on accounts that are simply deliquent.
In a FTC release (2005), they have been investigating companies that have fraudelently market their programs by making promises they cannot keep and warn consumers of the no money lent claims these business make, but since their inception CMS has no reported customer complaints on the BBB, no investigations/ decisions with the FTC, no complaints with the Alabama Attorney General, and CMS has retained legal counsel for development of the process; who stills remains part of their legal team. Before judging this company simply on the websites their agents have created please, like you said, do a little investigation. Before any business venture you do have to play a little detective to research their effectiveness and reliability. When doing so you would obviously go to official reporting sites (FTC, BBB, etc.) to acquire this info and not hold a survey on the design of their websites to come to a conclusion on their compabilities.
I find it ironic though that for someone who has obtained consumer lawyer assistance, sites common knowledge in this industry, promotes investigation and cries debt elimination foul, you can't say for sure that CMS is a scam. After all your advise you ultimately have relied on your perception of CMS on a couple of poorly designed websites.


Submitted by on Thu, 11/20/2008 - 22:35

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I'm going to say it again. YOU CAN'T ELIMINATE DEBT. IT CAN'T BE TRANSFERRED TO SOMEONE ELSE or SOMEWHERE ELSE. If YOU did the spending then it's YOURS and it's legit. It's YOUR SS# and YOUR name. No one else. CC companies and CA DO NOT have to except anything except your money. If you have debt in the US and you live in the US they will FIND you and come after you.....period. CA's are now relentless because they know most people will not show up in court. This is becoming BIG business. Judgment against you, BAM, they last 20 years. They have 20 years to find you. It's that simple. They are not going to contact anyone you think you transferred the debt to. It will be YOU. YOU will wake up one day, go to the bank and realize that all your money is gone. Not the company you hired to fix this......YOU. My immediate area response holds true in EVERY case.

No one has to believe me. But I know this to be 100% true. debt elimination is a myth. EVERYONE knows this in the industry.


Submitted by on Fri, 11/21/2008 - 07:52

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The problem with your comments:
1. CC companies and CA DO NOT have to except anything except your money. - but they have, they HAVE accepted a contract by cashing a cheque with terms attached which was handled by customer care agent, they HAVE changed correspondence address
2.CA's are now relentless because they know most people will not show up in court. - no matter how relentless they still have to follow the law and acts in place, if you go through the trouble of acquiring assistance with your debts your right not showing up in court is kind of silly, show up in court they are there for you as much for them plus they have the burden of proof.
3.They are not going to contact anyone you think you transferred the debt to. - again since 2 months after enrollment that is ONLY who they have contacted by mail.
4. YOU will wake up one day, go to the bank and realize that all your money is gone. - unless you are unaware of a court order this can not be done without your knowledge, if after judgement they have acquire a subpeona for your assets, this usually is only done after a judgement and you still don't pay.
5.My immediate area response holds true in EVERY case. - so i guess there goes global transactions, if your talking strictly settlement companies , how many have you gone through to be able to say true in EVERY case.

You offer some strong stances with nuances of entirety, EVERYONE, EVERY with some tactical selection of reverences to the debtor, YOU. After studying the collection industry it seems you have adapted a fear tactic of the cc companies, the constant use of the word YOU in generalized letters sent genericly to any deliquent account holder.

One last thing, the intention of CMS is not to hide but engage the creditors with an offer. They don't suggest not showing up in court and offer legal counsel if for some reason it comes to that. They also recommend for your peace of mind acquiring legal advice before enrollment. It seems to me you have not even researched in entirety the extent of CMS's process.

Very generic comments, scare tactics, overuse of CAPITOL letters to make a point and empty arguments that could be used simply in coffee talk with an uninformed person.


Submitted by on Fri, 11/21/2008 - 08:33

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LOL

Q.1 A. That whole sentence is so wrong and I won't waste my time debating it. Changed correspondence address.......Please.

Q.2 A. Everyone knows sometimes CA's don't follow the law. They find legal loop holes. Just like what CMS is TRYING to do. Give me a break.

Q.3 A. THAT"S the SCAM. YOU are completely unaware of what is going on. But when they come for YOU, YOU won't know it.

Q.4 A. YES it can be done without your knowledge. It happens all the time. If YOU are running away and don't know what's going on....BECAUSE.....YOU changed correspondence address.

Q.5 A. Again why debate a simple fact and common knowledge.

It's not fear tactics genius it's the truth. There is nothing to be scared of. At least that's my view. It's not your life, it's just money. Now there are WAYS for YOU to side step third party CA's but you have to start from day one when they contact you. And It just might cost you some money to do it.

No I have not researched the CMS process extensively. Never said that I did. But the BS you state in statement number 1 is just that. BS. So it makes me wonder about the whole thing if that's the process. All I said is debt elimination does not exist. And it DOESN'T. Now you can peddle whatever BS you want and believe whatever BS you want. I TRULY don't care. But I know what I'm talking about and I know it to be 100% correct.

changed correspondence address.......LOL. What garbage.

So.....tell me in great detail what makes NOVATION legal? I have my Fair Debt Collections Practices Act booklet handy. Tell me the exact laws that permit this. Code #'s and everything. Humor me........please.


Submitted by on Fri, 11/21/2008 - 11:31

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i am in the process as of early Oct. I never recieved anything with a phone number. I have gotten emails back from Terry with answers to my questions. The only concern I have is that there have been no payments to the creditors of the checks I sent with the minimums +43 dollars. It's been about 6 weeks for the first few cards I sent down. I am still getting phone calls from one creditor.

I also got a certified letter from this creditor stating that they are going to proceed with legal action if I don't bring my account to date by 11/23/2008. Obviously I have not done so according to CMS. Should I be worried? The account balance on this personal loan is $9,000. Any advice?


Submitted by on Tue, 11/25/2008 - 07:40

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Yes......you should be very worried. Quit paying them and ask for a refund. Report them to the FTC, BBB and the AG. debt elimination does not exist. Get your accounts up to date and start from there. The money you gave them you could have given to your creditors.


Submitted by on Tue, 11/25/2008 - 17:41

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fresh1347,

Any updates? When is the pre trial meetings, court dates? I am figuring it has been a week since the deadline date given on your certified letter and if they were that anxious to start legal proceedings they would of already notified you?

I think 6 weeks past due on an account is extreme to start legal proceedings, they must be on the forefront of these companies becoming more aggressive. Ask Tom321, but I thought industry standard was 6 months at the point they usually charge the account and at that point decide either to sue or sell the account to a CA?

Did you take Tom321 advice, did you get your refund and report them? Did CMS refund you, what did they say?
I was going to enroll with CMS but Tom 321 seems to be an expert in this field and has me worried about enrolling?

The best to you and goodluck


Submitted by on Mon, 12/01/2008 - 04:39

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Well...I'm not an expert in this field but thanks for thinking that.=) I just took the time to look up what is really going on in this industry. You can too by just surfing the net to find answers to your questions. The net is a beautiful thing in that regards. If you look up debt elimination on the net you will see EVERYONE say that it does not exist. The CMS plan is so flawed and complete over hyped theories.

But yes fresh1347, what happened? And what did you decide to do?


Submitted by on Mon, 12/01/2008 - 06:35

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Tom321,

I really would like to go with these guys though, but you know what they about too good to be true. Where on the internet did you find info that the CMS plan is flawed or even about the financial industry in general? I am trying to do my own due diligence and maybe find a true path to take.

Anyway, thanks for your immense amount of info in previous post and your time.
One last question, who was the consumer lawyer you retained I would love to speak with someone on the forefront of this industry.

Thanks again,


Submitted by on Mon, 12/01/2008 - 07:43

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This is how I started. First get the Fair Debt Collections Practices Act booklet and read it from front to back to get an idea of what they can and can not do. Then any question you want to know type it in the google box and go. Your answer will show up on the page somewhere. It takes a lot of time and effort. I spent hours looking up this stuff. Mostly for what pertained to me.

As far as CMS, I looked up debt elimination on google. I found a ton of info on it. Then look up novation and what it is. But think about this, if this was true wouldn't CMS be the BE ALL AND END ALL of credit problems. Everyone would be doing it. Why settle if you can pull the novation game? CMS would be nationally known by everyone. That's one hell of a trick they are trying. When you learn a little of the ins and outs of the industry you learn to spot BS.

As far as who I talked to. I wouldn't give out any names. These jerks would love to find out who I am. So far they are way off. I'll keep that to myself so I'm not linked to anyone. I don't have or back a horse in this race so I'm completely neutral. One Lawyer and I spoke for a hour on various BS. Just use the internet and put in a consumer lawyer search in your area or state. A whole list of names will come up. Just start calling and ask for a free consultation. They will assist you and ask questions for yourself. Or to make it easier on you use the NACA to find one close to you. I just goolged away and found plenty.

Good luck


Submitted by on Mon, 12/01/2008 - 09:00

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Also, these surrogates and mopes in this site are liars and cheats make no mistake but I still look into the stuff they say. Sometimes I've found that they were telling the truth or variations of the truth. You can also learn that way. Question everything and always look into things for yourself. The only person you can TRULY trust in this world is YOU.


Submitted by on Mon, 12/01/2008 - 09:19

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Wow Tom321,

more great advice.

First step, need to contact a consumer lawyer asap

Thanks a million


Submitted by on Mon, 12/01/2008 - 09:54

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Fresh1347, any word? updates?

I am assuming the cc company did not follow through with legal action, at this point. I would think this was a tactic to get you to pay, if this didn't work on to another until eventually they realize further action needs to be taken.

I would think these cc companies have so many deliquent accounts, about 5% of their accounts are toxic (source:MSN moneycentral; Wall Street Journal), they would not have enough resources to proceed with legal proceedings on every account 30-60 days late.


Submitted by on Tue, 12/02/2008 - 07:09

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If this was the only conversation you used for due diligence I am not too sure what your other research could of consisted of. This post is only filled with nay sayers without one ounce of proof that CMS is a scam. They write "as if this true", do not understand the program and scream debt elimination does not exist. No debt elimination exists in terms of sending a legal letter, promissory note or what have you presented to the bank. But when you create novation (which in itself is a legal term) and they rack up penalty fees the debt is offset. Not eliminated ....... offset. So if the creditors want to sue, you do not go into court screaming no money lent, money does not exist , I sent them a promissory note that relieved me of my obligations, you state the facts.

The facts are: I sent a cheque that implictly stated that by cashing this cheque you agree and accept the terms and conditions attached. This was sent to the customer care centre, not to the mass mailing payment centre. I cannot be held accountable that the customer care agent did not believe this novation/ assignment to be valid. Therefore counter sue for the penalty fees that have been applied by CMS, which is typically higher than your alleged debt balance.

But you see, creditors see this all before it gets to a trial, when CMS calls them on the penalty fees at the 7-8 month mark, they realize the burden of proof is not absolute.

This is not debt elimination, although it has been promoted as so, your debt is offset by the creditors negligence of their responsibility and performance. If they follow YOUR rules, the debt will be paid eventually. No fraud, no tricks, just an understanding that banks abuse people and threaten to try to make you think they are above the law. The sloppiness in the system and ego is what makes this program work.

These legal gymnastics are a simple dismount compared to the floor routine of deception the banks and lenders have performed on us for years all in the name of profits.


Submitted by on Fri, 12/05/2008 - 04:59

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Right,right,right....the banks have been ripping us off for years so what do we do? Get a credit card, sign a contract, run up a bill, don't pay it. Let it sit and then tell the creditor that I'll pay you on MY terms not yours when I already broke the contract I signed. All because I told you on the back of a check I sent you and you cashed it, therefore making the previous contract I signed with you null & void........LOL.

Is anyone buying this?


Submitted by on Mon, 12/08/2008 - 13:57

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I don't know if this is legit or not, but it seems to me that Tom is spending an inordinate amount of time and energy trying to debunk this. Why is this Tom?


Submitted by on Tue, 12/09/2008 - 22:39

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As I understand it, CMS does not promote debt elimination.

For lack of a more sophisticated way of putting it.... their program is offsetting your debt by charging cc companies fees for violating a new contract.

Yes, the program may be a little shading but it appears legal. The cc companies invoke the same type scam when they send out checks knowing people will cash them... bam... now they are enrolled in a program that they have no clear understanding. Yes, it is their fault they didn't read the fine print. But, it is a scam. The cc coompany program can be discontinued but the charges are not refunded.

If CMS reaches a settlement with the cc company or debt collector "then" the debt is eliminated! Their approach to reaching a settlement is to enter into a leally binding contract with cc company and then charge them fees (just as the cc companies do to their customers) for violating the contract.

Again, is it completely on the up and up... I can't say for certain but those who think it is a complete scam my be jealous they didn't come up with the idea.

One final thought... if this was such a huge scam, how is it they have been in business for more than 7 years.


Submitted by on Wed, 12/10/2008 - 11:13

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"One final thought... if this was such a huge scam, how is it they have been in business for more than 7 years."

They always use this line to appeal to your thinking and throw you into a logical maze.

Court Mediation Service is ALSO called Southeast Arbitration & Mediation, LLC according to the BBB. When you look up Southeast Arbitration & Mediation, LLC in the Alabama Divisions of Corporations it says it was incorporated 4-22-2004. That's not 7 years ago. When you look up Court Mediation Services in the Alabama Divisions of Corporations you find NOTHING.

The BBB states: The Better Business has been unable to confirm an active business license for Court Mediation Services. The City of Phenix City, Alabama records indicate that the license # 5045 had expired in 2006. The BBB continues to check for current Business licenses for the company and will adjust our report accordingly when we are notified by the company or a licensing authority.

Why would a company need two completely different names?
This is classic.

See it's NOT a huge scam. It's still in it's infancy.


Submitted by on Thu, 12/11/2008 - 06:53

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Companies change their names all the time. I am part of a huge north american corporation and my company's names has been altered 3 times in the last decade.

Also, both names are listed under business name in the BBB listing. Seems to me if they were trying to hide they would of done away with Court Mediation Services entirely. Southeast Arbitration and Mediation LLC. appears has an extension on CMS. Even at the 2004 date they have been in business for 4.5 years. To me that would amount to a long time running scam, with atleast some "dead bodies" or in the least some BBB complaints.

Just a few months ago BBB asked CMS some clarification on their services and after response from CMS they reissued the listing. They also claimed the satisfactory rating was achieved but due to software issues a no rating appears. Like most reporting agencies, the BBB is apprehensive about appearing as endorsing a debt relief company. Money and politics. All because they cannot confirm a business license listing does not mean it does not exist.

As I see it Tom321, if CMS along with their attorney's could "find" you, they could sue you for slander and libel. You have not one ounce of truth to your claims. And please don't scream, "Debt Elmination Does Not Exist" because as it has been said by many of posts this is NOT the case with CMS.

If you are so sure of their scam, contact their house attorney David Grossack and Brad Daley make your claims upfront with your name and see where that gets you. As I can see it, these guys are right out there and upfront and can be easily put on the chopping block with no official investigation. And no, your years of research and the fact that you talk to "A" consumer lawyer does not count as official investigation. If you are going to denounce this service at least know who you are talking about and who they have apparently scammed.

Your counter action : reply with mocking my post. As I see you have done to other posters of this forum. Again, proves nothing.


Submitted by on Thu, 12/11/2008 - 09:15

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Why mock your post. I dislike responding to posts like yours but I will. It's like talking to a fanatic sports fan and saying that their team sucks. It's useless. It's classic I can sue you and off topic crap. I swear you guys follow a play book. Maybe you're new to this world. Scams can last for decades. What are you talking about. People are already complaining on the net about CMS. Bodies are surfacing. And stop with that tired BBB dislikes debt settlement companies junk. Or say your real name speech. Stuff like that works on children. But thank you for reading my posts. I appreciate that. Love me or hate me, you ALL read. Warms my heart...LOL.

Maybe you should ask them why they refer to their own process as debt elimination. YOU let ME know what they tell you.


Submitted by on Thu, 12/11/2008 - 10:15

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Game, Set & Match to Guest99!!! Tom321, you just seem like a very bitter, negative person who got burned in the past. You have come up with nothing to prove that the CMS process is a scam, NOTHING! 4.5 years on the internet is an eternity and seeing only 1 person claim ripoff which Brad Daley respnded to, you claim people are surfacing. I keep saying Where are the dead bodies? I'm sorry but 4.5 years is plenty of time to expose a scam, of course there have been scams out for decades, THEY DIDN'T HAVE THE INTERNET BACK THEN! There is just too much exposure today everywhere for this scam to keep running!


Submitted by on Thu, 12/11/2008 - 10:30

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Enjoy People!!!!!!!! On Credit.com

11.16.08
By Gerri Detweiler

Novation: Don't fall for this credit scam!

If you are deep in debt, the idea of being able to eliminate your debts without filing for bankruptcy is pretty attractive. That's why it's so easy to fall prey to programs that sound too good to be true -- to everyone but the consumer who buys into them.

A case in point: A website I came across recently promises to "legally get rid of 100% of your unsecured debt."

Don't worry, they say, "This is not a "Do It Yourself" program." They will "handle everything for you, every step of the way. No Sending Letters, No Conference Calls -- just RESULTS!"

The company provides an audio recording that explains how they will use contract law to alter your contract with the creditor so that you don't ever have to pay back what you owe. You just assign your debts to them (the firm) and if the creditor protests, they will have to come after the firm for payment, not you.

To get to the bottom of this scheme, I consulted Bob Markoff. Bob is a collection attorney with Markoff & Krasny. He has years of experience, and he is also serving as president of the National Association of Retail Collection Attorneys (NARCA) a group that represents law firms that collect debts. Yes, it's true he collects on the part of creditors and is going to side with them when it comes to being repaid. But he is also an attorney who has seen plenty of scams over the years.

Here is what Bob had to say about this debt elimination program:

"The overriding premise here is that they can unilaterally amend a pre-existing contract by sending new contract terms to the creditor with a payment referencing the new terms. If the payment is accepted, so are the new terms. The new terms are utterly ridiculous???????as is their premise."

The legal term for changing a contract is "novation." Most, if not all, credit card companies are wise to these tricks and have terms in the original credit card agreements to prevent such "tricks."

Credit card agreements now have terms to the following effect:

All payments marked "Paid??????? or ???????Settled in Full" must be sent to a different address than the usual payment address, if the payment is for a sum differing from the balance due on the last statement. This prevents such payments being sent to the lock box at the bill payment center where they may be processed without review. (This trick is so old that I know of an Illinois attorney who tried to pay his American Express bill with a check for $1.00 marked ???????Payment in Full???????. He was disbarred over fifteen years ago!)

The agreements also state that any attempt to change terms of the contract must be sent in accordance with specific instructions set forth in the agreement. If the process is not followed, the attempts to change terms are not effective.

Now, to some of the debt elimination program????????s nonsense statements:

1. "Other repayment plans can EASILY last 7 to 10 years..." In reality, few repayment plans last that long. Generally, if they last longer than 3 to 5 years, they fail!

2. "We assume debt...it is now OURS, not YOURS!" Think again: There is no legal basis for this.

3. "We include Student Loans." Better luck next time! They may include such loans, but Federal law and regulation govern those loans, and no one but the government can change their terms.

4. They make "Consideration" payments...Watch out! I have no idea what this means. It is not a legal concept.

5. "The creditors must now send all statements to us and not you." No! This is simply not true.

6. The debt elimination program????????s restatement of contract law: The way they describe the fact that a contract must include an offer, terms, and acceptance is correct, but they then distort it to overlook or ignore the original offer, terms, and acceptance underlying the original agreement the consumer signed!

7. "Suits on the accounts that we take over must be against us and we have never been sued." However, what they don????????t tell you is that the reason they may never have been sued is only because no creditor has ever switched an account into their name!

8. "The law says that collection agencies must provide written documentation of a disputed debt." This is not a correct statement of law under the Fair Debt Collection Practices Act (fdcpa). Under this Act, a collection agency must provide written verification of the debt.

9. "Don't talk to debt collectors because they are there to trick and scare you..." Don????????t listen to this bad advice! Collectors call to work out payment arrangements. If you don't talk with them, you can't work out a repayment schedule.

10. "Banks sell the bad debt to collection agencies five to six months down the road and the agencies must send a letter within 10 days of buying the debt." That is just plain wrong. There is no such requirement.

11. "Expect some negatives on your credit bureau report for 6 to 10 months." Finally a true statement with an exception: Negative listings will last longer than 10 months! In fact, late payments, charged-off accounts and collection listings may be reported for up to seven and a half years under the federal Fair Credit Reporting Act.

This type of nonsense is a fraud upon the public and our economic system. It is an attempt to cheat the system instead of promoting fair dealings between the parties. It creates unreasonable expectations for the consumers, who will end up being sued and garnished.

My best advice to anyone concerned with their financial condition is to seek the advice of an attorney licensed to practice law in their local community. At the very least, the attorney should be able to assist in sorting through the various programs being offered to consumers. Talking with an attorney does not mean you must file for bankruptcy.

Look everything I've been saying, what do you know. Why don't you try to sue her......LOL.


Submitted by on Thu, 12/11/2008 - 10:59

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7. "Suits on the accounts that we take over must be against us and we have never been sued." However, what they don????????t tell you is that the reason they may never have been sued is only because no creditor has ever switched an account into their name!

On this point alone Tom321, 4.5 years and still no DEAD BODIES, why haven't people come forward? Surely by now they are being sued left and right by their lenders, why haven't these people come forward? There is no way that they are not being sued by their lenders or cc companies if CMS was a scam. Can you explain that?


Submitted by on Thu, 12/11/2008 - 11:25

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Yes I can. IT'S IN ITS INFANCY. Just give it time.

Second....Madonn', have you not listened to anything I've said? Did you read the article at all? Their whole process is NOT legal. And frankly most of the process is PURE rubbish. Transferring the debt to them? C'mon man you know this is not possible? I really hope you know that. Student loans? EVERYONE knows you can't get rid of student loans. Not even in Bankruptcy.

I really hope you are a true consumer and not a surrogate mope. I'm trying to help you here. If you want to keep paying a vig then by all means keep doing what you are doing. But if you don't believe me than what else can I do. I gave you the facts. Look up the law for yourself. But some of this stuff is common sense.


Submitted by on Thu, 12/11/2008 - 11:59

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So, has anyone been scammed by CMS? Anyone out there?


Submitted by on Tue, 12/16/2008 - 18:07

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Yes is there anyone out there scammed by CMS?....LOL.
Thank god no one comes forth. If they did it would mean that the scam is WORKING. But obviously it's not going over too well with the consumers which explains the cheapness of their site and the whole operation.

No one coming forth is a good thing. VERY good thing.


Submitted by on Mon, 12/29/2008 - 07:54

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Hi everyone. I have just spent an hour reading this thread. I have noticed a few things.

1: The people who are speaking out against CMS are not clients.
2: The people who are speaking in favor of CMS are clients currently in the process or have friends/clients/family members who have gone through the process and are happy with the results.
3: The arguments of those opposed to CMS are filled with ad hominems and unsupported statements. I would include the article that was posted as well.
Here is an example from the article:

"The creditors must now send all statements to us and not you." No! This is simply not true."

If it's not true, why not cite the law, or the terms of the credit card agreement that support this statement? That just sounds to much like a child asking a parent "why" and the parent replies "because I said so." One or two of the folks in the program stated on this thread that the credit card companies did in fact change the correspondence address to CMS, which was one stated action that the CC company needed to do to accept the new contract.
4: I noticed the article did not seek a comment or statement from a consumer rights attorney or the attorney who works for CMS. This is journalism 101. You always have to discuss both sides of the argument and get statements from both sides of the aisle. That article was hopelessly biased.
4: I looked up the term novation and here is what the legal dictionary said:

NOVATION - Novation is a substitution of a new for an old debt. The old debt is extinguished by the new one contracted in its stead; a novation may be made in three different ways which form three distinct kinds of novations.

The first takes place without the intervention of any new person, where a debtor contracts a new engagement with his creditor, in consideration of being liberated from the former. This kind has no appropriate name and is called a novation generally.

***The second is that which takes place by the intervention of a new debtor, where another person becomes a debtor instead of a former debtor, and is accepted by the creditor, who thereupon discharges the first debtor. The person thus rendering himself debtor for another, who is in consequence discharged, is called expromissor; and this kind of novation is caned expromissio.***

The third kind of novation takes place by the intervention of a new creditor where a debtor, for the purpose of being discharged from his original creditor, by order of that creditor, contracts some obligation in favor of a new creditor. There is also a particular kind of novation called a delegation.

It is a settled principle of the common law, that a mere agreement to substitute any other thing in lieu of the original obligation is void unless actually carried into execution and accepted as satisfaction. No action can be maintained upon the new agreement, nor can the agreement be pleaded as a bar to the original demand. But where an agreement is entered into by deed, that deed gives, in itself, a substantive cause of action and the giving such deed may be sufficient accord and satisfaction for a simple contract debt.

The general rule seems to be that if one indebted to another by simple contract, give his creditor a promissory note, drawn by himself for the same sum, without any new consideration, the new note shall not be deemed a satisfaction of the original debt unless so intended and accepted by the creditor. But if he transfer the note he cannot sue on the original contract as long as the note is out of his possession.

NOVATION AGREEMENT - A legal instrument executed by (a) the contractor (transferor), (b) the successor in interest (transferee), and (c) the by which, among other things, the transferor guarantees performance of the contract, the transferee assumes all obligations under the contract, and the purchaser recognizes the transfer of the contract and related assets.
---
Caned expromissio would appear to be the type of novation that CMS is utilizing to assume the debt. The CC shows that they accept the debt by cashing the check which is always the full payment due that month and also by changing the correspondence address. The check and new contract, which is not simply written on the back of a check, but a document with a notarized notice of assignment and limited power of attorney attached, are sent to the cc companies correspondence address, not the regular payment address which is automated. If you read the novation elements carefully, you will see that CMS is following the requirements of this law.

In addition to the cc cashing the check and changing the correspondence address which shows they accepted the new contract, the longer a CC acts on the new contract by cashing the checks, the stronger the contract gets if it were to go before a judge. I learned this when I studied law (I went through my first year of law school but decided to take a position as chair of criminal justice with the college I was working for so I am not pretending I'm a lawyer here.)

I started the program myself at the beginning of last month. Its to soon for me to speak of my experience but I can say the gent I have been working with has not been pushy. He has answered all of my questions, 2 and 3 times. I also have received correspondence from Brad letting me know what my next step was.

Am I scared? Hell yes! I have perfect credit. Why am I risking it? Because I am tired of being stolen from. I made agreements with my creditors, I have paid my bills faithfully, on time, and as agreed. And you know what? They raise my interest rate all the time. It is so high on one card that half of my payment goes to interest every month. I keep calling them and they basically tell me to kiss their ass because they don't have to have a reason to change the terms of the contract to suite their whims. I'm not a dead beat who doesn't pay her bills. I always have met my obligations.

But after years of pissing money into the wind for student debt and debt racked up from life's little misfortunes, I've had enough. If the creditors were fair, played fair, and upheld a modicum of decency with the interest rates they charge so that I actually had a snow ball's chance in hell of satisfying my debt and getting my life back, I would have paid every penny.

But they don't do that. This is me, an educated and honest citizen saying I am pissed off and I want to fight back. I agree with the other poster that this system is not me fleeing from my debt or trying to hide. I am attempting to engage them, to use the same laws they use to change the terms after we made our agreement against them.

I know the system has been modified and manipulated to ensure the credit card companies win. I know I am standing up to a massively powerful network with lots of money and lots of lawyers. And if my credit implodes and I lose all my money anyway, sod it. At least I tried to fight back.

Wish me luck, and thank you for all of those of you who posted your stories about your ACTUAL experiences with CMS. It helped me not feel so alone. And if I fail, Tom, I'll let you know so you can say I told you so. Based on the amount of exclamation points and capital letters in your posts, you seem like that kind of guy.


Submitted by on Sun, 01/04/2009 - 16:58

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Crap above people.

1. I DID consult a consumer lawyer about CMS theory. SEVERAL over the past three months. ALL say CMS is full of it.
10 to be exact. Plus you (CAN NOT) transfer your debt to anyone. That's just plain common sense. In fact that premise alone does not make any sense at all and should be enough for you to say hell no.

2. Gerri Detweiler is considered one of the country???s top credit experts and credit advocate. This statement is 100% true. I see her all the time on TV. A lot now because of the economy. I watch the news a lot. If you want to read her books check Amazon.

3. Novation MUST be agreed upon by ALL PARTIES. What Bank in their right mind will agree with what CMS is trying?

There is no crime in being stupid. But the JMC post seems to be written by CMS themselves. If I'm not mistaken it's BRAD himself. Brad is a very gifted writer. At least that's what I conclude from reading posts that have his name attached to it.

You know.....if I was a scammer and people were pounding me on a forum my best defense would be to just shut up. That way I can play what others say to be just speculation and opinions. But when you try to defend yourselves you guys sound extremely stupid. You make statements that are just absurd and contradicting to your objective. And come off as children trying to extend the lie. Real consumers don't talk like you guys. How many times do I have to say that? Oh well. Make it easy for me.

Hi BRAD. Stop the BS. You lost here.


Submitted by on Mon, 01/05/2009 - 08:49

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I am currently looking into this program, and i like the other poster have great credit. I have never been late on payments etc etc. The risk seems very high and i have read every single post as well as some research.

Has anyone finished this program and a year or two later still been perfectly fine with no lawsuits and received their good credit scores back?


Submitted by on Wed, 01/07/2009 - 14:23

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Court Mediation Services.

Based on BBB files, this business has a BBB Rating of F

Reasons for this F rating include:

* Failure to obtain a required competency license
* BBB does not have sufficient background information on this business
* BBB does not have a clear understanding of this business

On 11/1/2008 this business's license expired. BBB encourages you to contact the following agency or agencies to confirm this information:

The City of Phenix City, 1119 Broad St, Phenix City, Ala. 334-448-2739. The Better Business Bureau has been unable to confirm an active business license for Court Mediation Services. The City of Phenix City, Alabama's records indicate that the license # 5045 had expired in 2006. The BBB continues to check for current Business licenses for the company and will adjust our report accordingly when we are notified by the company or a licensing authority.

Oh stay away from this company. Stay completely away. SOOOOOOOOOOOO very far away...LOL.


Submitted by on Thu, 01/08/2009 - 08:20

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"There is no crime in being stupid. But the JMC post seems to be written by CMS themselves. If I'm not mistaken it's BRAD himself. Brad is a very gifted writer. At least that's what I conclude from reading posts that have his name attached to it."

Tom, thank you for your kind compliments on my writing skills. I hold two degrees and am on my way to polishing off another advanced degree pretty soon. If I hadn't developed my writing skills by now I doubt I would have made it as far as I have in life. Most of my debt is student loans, so I guess I can say my brain is worth 90 thousand dollars!

And what do I do with it? Waste time replying to blog threads. Oh, well, that and developing courses for PhD and Masters programs for a top university that teaches teachers how to become teachers! (Say that 10 times fast)

I checked my birth certificate again, just to be safe, and I can say with utter certainty that my name is not Brad Daley and I have an inny, not an outy.

I could choose to go on, but I'll dwell on the positive in your post. Woo! I write real good!!

Happy new years everyone, and blessed be.


Submitted by on Fri, 01/09/2009 - 15:19

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If you are not Brad and a true consumer then I must say......before you speak have a clue about what it is you are talking about. Your previous post sounds like buffoonery. Always think before you utter any words. In a blog it's easier to do because you can read your post before everyone else can see it.

If most of your debt is student loans then no settlement company can help you with that.

I really hope you take my advice in this forum on future posts and in life. You can be the most educated person in the world but if everyone sees you as clueless it means nothing.

And knowing is half the battle....LOL.


Submitted by on Sat, 01/10/2009 - 13:23

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Hi,
My wife and i are considering join CMS but we can not find any one who has finshed the program for at least 6 months to a year. Did everything stayed good or did they try (CC) to go after them again? I'm just so scared of this program bitting me in the *ss down the road. Ang help would be gratly appreciated!


Submitted by on Sun, 01/11/2009 - 10:45

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I'm hearing good and bad about this program and I can't decide what to do. This should get a conversation going. Should I go for it or not? Why or why not? If it works I'm free thousands of dollars. If it doesn't I'm no worse off, I'll still have to pay the debt. But it will take me years and years. What's the right choice?


Submitted by on Thu, 01/15/2009 - 14:11

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I just checked out the BBB website and it gives CMS a F rating. Just thought that might be fo some signifigance to some of you considering this.


Submitted by on Thu, 01/15/2009 - 19:55

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