7572092035

PAYYOURBILLS WORKS FOR THEM - CONTINUING ILLEGAL HARRASSMENT ON A PUBLIC FORUM!  

Debts they collect are TIME-BARRED and not legally collectable and HAVE NO VALIDATION


http://www.consumerjustice.com/consumer/agencydetail.aspx?id=6336
Pentagroup Financial, LLC  
5959 Corporate Dr, Suite 1400
Houston, Texas, 77036

frusso@pentagroup.us
www.pentagroup.us


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Phone No.  800-983-4608 - 800-218-2498 800-385-9060 866-543-1520 832-615-2100 800-545-0830  
Fax 832 615-2399  

  Frank Russo, Owner Andrew J. Marancik, Attorney
 
 

Notes
CACH/CACV franchisee.  
http://www.consumerjustice.com/consumer/agencydetail.aspx?id=5098
CACH LLC  
370 17th St., 50th Fl.
Denver, Colorado, 80202

kdougherty@collectamerica.com
www.collectamerica.com

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Phone No.  303-376-2084  
Fax 267-295-2835  

Phillip Scott Lowery, Owner Kristin Dougherty, VP
 
 

Notes
Formerly known as Collect America. Junk debt buyers/collectors  


http://www.budhibbs.com/collectorpages/collect_america_cacv.htm
Collect America   CACV & CACH

(Separate Corporations, Subsidiaries)

370 17th Street, Suite 5000
Denver, CO 80202-3050
Ph: (303) 296-3345
Fax: (215) 281-7522

THE BRACHFELD & ASSOCIATES

SCAM CONTINUES…opens in new page



Phillip Scott Lowery Offices:
(Private Law Firm Owned by Collect America's CEO)
4500 Cherry Creek Drive South
Suite #700
Denver, CO 80246

Web Address: http://collectamerica.com/
Phillip Scott Lowery

Brian L. Johnson  (Financial Officer)

David L. Michael

James R. Wolf



Collect America, LTD (Div KRG Capital)
fka/P. Scott Lowery Law Offices
aka/(CACV, LLC) & (CACH, LLC)
dba/CA Holding, Inc., Astrum Financial, LLC,
Autus, LLC, Argentum Resources, LLC,
CA Internet Marketing, LLC, Candeo, LLC,
Guardian Financial Corp.,
Healthcare Funding Solutions, LLC,
Impulse Marketing, LLC, Orsa, LLC,
Refinance America, Ltd., Valesco Data Services, LLC
(with call center in INDIA)
4500 Cherry Creek Dr. S. #700 Denver, CO
370 17th Street, #5000 Denver, CO




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Quick Analysis                         Consumer Comments Below

One of the largest debt buyer organizations in America  In 2005, Collect America owner Phillip Scott Lowery reportedly sold his operations for $350 MILLION to an organization called First Analysis Private Equity Fund IV, in collaboration with co-investor KRG Capital.

The Collect America system is comprised of approximately thirty franchisee’s across the country, with an attorney name on their door. Some of the attorneys such as Sam W. Streeter of Houston, have been dubbed ‘Rent-A-Lawyers’ due to their total lack of debt collection law and Fair Debt Collection Practices Act (FDCPA) experience.

*Collect America Franchisees:

Law Office of Sam W. Streeter, Houston, TX

Richard G. & Catherine A. Neuheisel Law Firm, Tempe, AZ

Neuheisel Law Firm, Deborah Sue Harvego, Sacramento, CA

Law Office of Thomas K. Bamford, Dallas, TX

Harold E. Scherr, Attorney at Law, Longwood, FL

Bronson and Migliaccio Attorneys, Williamsville, NY

Bronson and Migliaccio Attorneys, Elmwood Park, NJ

Phillips and Cohen and Associates, Westampton, NJ

Law Office of Larry Roach, Copley Twp, OH

Phillip Scott Lowery P.C., Denver, CO

Law Office of Joe Pezzuto, Phoenix, AZ

Law Office of J. Anthony Cambece, Boston, MA

Workman Law Office, P.A., Jacksonville, FL

Collect America, LTD, Denver, CO

Gamache and Myers, St Louis, MO

P. Scott Lowery, P.C., Tulsa, OK

Law Office of Wilfred E. Briesemeister, Montclair, CA

Harrison Ross Byck, Morrisville, PA

Daniels & Norelli, P.C., Westbury, NY

Davis Law Office, Russell A. Davis, Solana Beach, CA

Richard DeJana & Associates, Kalispell, MT

Dennis Michael Dendy Law Office, Gretna, LA (Houston TX)

Daniel N. Gordon, P.C., Eugene, OR

Mims, Jerry M., Attorney, Islip Terrace, NY

Pentagroup Financial, LLC, James J. Thorpe, Attorney, Houston, TX

(represents CACV & CACH)

(*May not accurately reflect all franchisees)

Since the sale of the main organization, Denver Attorney Phillip Scott Lowery and his collectors that include attorneys David L. Michael and James R. Wolf have relocated to the Cherry Creek Drive address. Scott and wife Texie were rumored to have moved to Vail, CO, however he reportedly still is involved in the day to day operations through brother Arthur Todd Lowery.

CACV of Colorado, LLC. which stands for Collect America Collection Vehicle and CACH, LLC  are the debt purchasing arms of Collect America. Lowery and associates reportedly purchase these accounts for pennies on the dollar, then attempt to collect on the full value.  Collect America does place these accounts on credit bureau reports under the names CACV, CACH and Collect America. Under provisions of federal law, the Fair Credit Reporting Act (FCRA), they may NOT stay past the date of last activity as stated by the original creditor and the information and amounts reflected MUST be accurate, as stipulated by federal law.

The ONLY thing that can restart a ‘date of last activity’ is by YOU making a payment, Collect America cannot change it under any circumstances. You should always obtain copies of your credit reports directly from the credit bureaus to compare those dates. You have the right to dispute any debt buyer account found on your credit reports as “Not My Account” with the credit bureaus. Always keep copies of credit reports for reference.  If  a date of activity has been changed in violation of the Fair Credit Reporting Act,  you may be able to take legal actions against whomever in federal court for violating the law. Contact me for referral to a local consumer law professional.

If you are ever sued by a Collect America attorney it is VERY important that you respond to that suit.  

CAUTION: I recommend you NEVER disclose your bank account or credit card information to a debt collector, as you risk them emptying your account, or maxing out your credit card. If you feel they are reporting on your credit bureau files in error or need assistance in dealing with them, email  the details w/your location.  Assistance and referral to a consumer legal specialist may be available.

Email for Assistance




Debt Collectors DO NOT WANT YOU TO KNOW THIS INFORMATION!    
The INFORMED CONSUMER IS THE DEBT COLLECTORS WORST ENEMY!

THE CORRECT WAY TO HANDLE COLLECTION CALLS AND ILLEGAL TACTICS

NEVER ASSUME THEY HAVE A VALID DEBT OR LEGAL RIGHT TO COLLECT.  

HANDLE IT CORRECTLY AND THEY WILL END UP PAYING YOU

Debt collectors MUST FOLLOW your STATE laws regarding licensing.  Check your Secretary of State for licensing requirements for ANY collection agency that contacts you


READ DEALING WITH DEBT COLLECTORS, RECORDING CALLS AND STATUTE OF LIMITATIONS BY STATE

You can also post your questions here http://www.collectorsexposed.com/forum/   NEW URL!    

These links are to attorneys for those being scammed www.naca.net or http://www.consumerjustice.com/consumer/searchattorneys.aspx


Dealing with Debt Collectors
Http://www.budhibbs.com/First.htm    
    
Statute of Limitations by State – always double check YOUR OWN STATE Government Website
http://www.budhibbs.com/statute_of_limitations.htm

Recording calls from Debt Collectors - always double check YOUR OWN STATE Government Website
http://www.budhibbs.com/record.htm


From Federal Trade Commission Website – FAIR DEBT COLLECTION PRACTICES ACT
Debt Collection FAQs: A Guide for Consumers
If you’re behind in paying your bills, or a creditor’s records mistakenly make it appear that you are, a debt collector may be contacting you.
The Federal Trade Commission (FTC), the nation’s consumer protection agency, enforces the Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from you.
Under the FDCPA, a debt collector is someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis, and companies that buy delinquent debts and then try to collect them.
Here are some questions and answers about your rights under the Act.

What types of debts are covered?
The Act covers personal, family, and household debts, including money you owe on a personal credit card account, an auto loan, a medical bill, and your mortgage. The FDCPA doesn’t cover debts you incurred to run a business.

Can a debt collector contact me any time or any place?
No. A debt collector may not contact you at inconvenient times or places, such as before 8 in the morning or after 9 at night, unless you agree to it. And collectors may not contact you at work if they’re told (orally or in writing) that you’re not allowed to get calls there.

How can I stop a debt collector from contacting me?
If a collector contacts you about a debt, you may want to talk to them at least once to see if you can resolve the matter – even if you don’t think you owe the debt, can’t repay it immediately, or think that the collector is contacting you by mistake. If you decide after contacting the debt collector that you don’t want the collector to contact you again, tell the collector – in writing – to stop contacting you. Here’s how to do that:
Make a copy of your letter. Send the original by certified mail, and pay for a “return receipt” so you’ll be able to document what the collector received. Once the collector receives your letter, they may not contact you again, with two exceptions: a collector can contact you to tell you there will be no further contact or to let you know that they or the creditor intend to take a specific action, like filing a lawsuit. Sending such a letter to a debt collector you owe money to does not get rid of the debt, but it should stop the contact. The creditor or the debt collector still can sue you to collect the debt.

Can a debt collector contact anyone else about my debt?
If an attorney is representing you about the debt, the debt collector must contact the attorney, rather than you. If you don’t have an attorney, a collector may contact other people – but only to find out your address, your home phone number, and where you work. Collectors usually are prohibited from contacting third parties more than once. Other than to obtain this location information about you, a debt collector generally is not permitted to discuss your debt with anyone other than you, your spouse, or your attorney.

What does the debt collector have to tell me about the debt?
Every collector must send you a written “validation notice” telling you how much money you owe within five days after they first contact you. This notice also must include the name of the creditor to whom you owe the money, and how to proceed if you don’t think you owe the money.

Can a debt collector keep contacting me if I don’t think I owe any money?
If you send the debt collector a letter stating that you don’t owe any or all of the money, or asking for verification of the debt, that collector must stop contacting you. You have to send that letter within 30 days after you receive the validation notice. But a collector can begin contacting you again if it sends you written verification of the debt, like a copy of a bill for the amount you owe.

What practices are off limits for debt collectors?
Harassment. Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, they may not:
    use threats of violence or harm;
    publish a list of names of people who refuse to pay their debts (but they can give this information to the credit reporting companies);
    use obscene or profane language; or
    repeatedly use the phone to annoy someone.

False statements. Debt collectors may not lie when they are trying to collect a debt. For example, they may not:
    falsely claim that they are attorneys or government representatives;
    falsely claim that you have committed a crime;
    falsely represent that they operate or work for a credit reporting company;
    misrepresent the amount you owe;
    indicate that papers they send you are legal forms if they aren’t; or
    indicate that papers they send to you aren’t legal forms if they are.

Debt collectors also are prohibited from saying that:
    you will be arrested if you don’t pay your debt;
    they’ll seize, garnish, attach, or sell your property or wages unless they are permitted by law to take the action and intend to do so; or
    legal action will be taken against you, if doing so would be illegal or if they don’t intend to take the action.

Debt collectors may not:
    give false credit information about you to anyone, including a credit reporting company;
    send you anything that looks like an official document from a court or government agency if it isn’t; or
    use a false company name.

Unfair practices. Debt collectors may not engage in unfair practices when they try to collect a debt. For example, they may not:
    try to collect any interest, fee, or other charge on top of the amount you owe unless the contract that created your debt – or your state law – allows the charge;
    deposit a post-dated check early;
    take or threaten to take your property unless it can be done legally; or
    contact you by postcard.

Can I control which debts my payments apply to?
Yes. If a debt collector is trying to collect more than one debt from you, the collector must apply any payment you make to the debt you select. Equally important, a debt collector may not apply a payment to a debt you don’t think you owe.

Can a debt collector garnish my bank account or my wages?
If you don’t pay a debt, a creditor or its debt collector generally can sue you to collect. If they win, the court will enter a judgment against you. The judgment states the amount of money you owe, and allows the creditor or collector to get a garnishment order against you, directing a third party, like your bank, to turn over funds from your account to pay the debt.
Wage garnishment happens when your employer withholds part of your compensation to pay your debts. Your wages usually can be garnished only as the result of a court order. Don’t ignore a lawsuit summons. If you do, you lose the opportunity to fight a wage garnishment.

Can federal benefits be garnished?
Many federal benefits are exempt from garnishment, including:
    Social Security Benefits
    Supplemental Security Income (SSI) Benefits
    Veterans’ Benefits
    Civil Service and Federal Retirement and Disability Benefits
    Service Members’ Pay
    Military Annuities and Survivors’ Benefits
    Student Assistance
    Railroad Retirement Benefits
    Merchant Seamen Wages
    Longshoremen’s and Harbor Workers’ Death and Disability Benefits
    Foreign Service Retirement and Disability Benefits
    Compensation for Injury, Death, or Detention of Employees of U.S. Contractors Outside the U.S.
    Federal Emergency Management Agency Federal Disaster Assistance
But federal benefits may be garnished under certain circumstances, including to pay delinquent taxes, alimony, child support, or student loans.

Do I have any recourse if I think a debt collector has violated the law?
You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, the judge can require the collector to pay you for any damages you can prove you suffered because of the illegal collection practices, like lost wages and medical bills. The judge can require the debt collector to pay you up to $1,000, even if you can’t prove that you suffered actual damages. You also can be reimbursed for your attorney’s fees and court costs. A group of people also may sue a debt collector as part of a class action lawsuit and recover money for damages up to $500,000, or one percent of the collector’s net worth, whichever amount is lower. Even if a debt collector violates the FDCPA in trying to collect a debt, the debt does not go away if you owe it.

What should I do if a debt collector sues me?
If a debt collector files a lawsuit against you to collect a debt, respond to the lawsuit, either personally or through your lawyer, by the date specified in the court papers to preserve your rights.

Where do I report a debt collector for an alleged violation?
Report any problems you have with a debt collector to your state Attorney General’s office (www.naag.org) and the Federal Trade Commission (www.ftc.gov). Many states have their own debt collection laws that are different from the federal Fair Debt Collection Practices Act. Your Attorney General’s office can help you determine your rights under your state’s law.

For More Information
To learn more about debt collection and other credit-related issues, visit www.ftc.gov/credit and MyMoney.gov, the U.S. government’s portal to financial education.
The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad
February 2009

File complaints with

Federal Trade Commission  https://www.ftccomplaintassistant.gov/FTC_Wizard.aspx?Lang=en

Your State Attorney General
State Attorney General is every state they have offices

Link to all State Attorney General Websites www.naag.org

If you or they are located in NY – use this SPECIAL Link  www.NYDebtHelp.com
This special website was created by NY AG Andrew Cuomo specifically for reporting illegal debt collection practices.  HE’S CRACKING DOWN AND SHUTTING THEM DOWN!
    
Also report your calls and contacts with debt collectors at http://www.budhibbs.com/index.html  If the company is listed under agencies – report there. If not on the list YET, click on Watchlist! and add to the list.   You can also post here http://www.collectorsexposed.com/forum2/index.php?board=2.0

Time-Barred Debts

http://www.ftc.gov/bcp/edu/pubs/consumer/alerts/alt144.shtm

There’s no doubt about it: you are responsible for your debts. If you fall behind in paying your creditors — or if you dispute the legitimacy of a debt — a debt collector may contact you.

“Time-barred” debts are debts so old they are beyond the point at which a creditor or debt collector may sue you to collect. State law varies as to when a creditor or debt collector may no longer sue to collect: in most states, the statute of limitations period on debts is between 3 and 10 years; in some states, the period is longer. Check with your State Attorney General’s Office to determine when a debt is considered time-barred in your state. You can find contact information for your State Attorney General at www.naag.org.

Federal law imposes limitations on how debt collectors can collect debts, including time-barred debts.

Under the Fair Debt Collection Practices Act (FDCPA), a “debt collector” generally is any person or organization that regularly collects debts owed to others. The term includes lawyers who collect debts for others on a regular basis, but it does not include creditors collecting their own debts.

The FDCPA prohibits debt collectors from engaging in any unfair, deceptive, or abusive practices while collecting debts. It does not erase any legitimate debt that you owe. To learn more about your rights under the FDCPA, click on www.ftc.gov/bcp/conline/pubs/credit/fdc.htm.

Collecting Time-Barred Debts
Most courts that have addressed the issue have ruled that the FDCPA does not prohibit debt collectors from trying to collect time-barred debts, as long as they do not sue or threaten to sue you for the debt. If a debt collector sues you to collect a time-barred debt, you can have the suit dismissed by letting the court or judge know the debt is, indeed, time-barred.

Whether a time-barred debt — or any debt for that matter — can appear on your credit report depends on how long the debt has been delinquent: debts that have been delinquent more than seven years cannot appear on your credit report, with certain exceptions. In addition, a debt collector may not try to collect a debt that has been discharged in bankruptcy, no matter when it was incurred. To learn more about credit reporting, click on www.ftc.gov/bcp/conline/pubs/credit/fcra.htm.

Contact with Collectors
Can a debt collector continue to contact you about a time-barred debt you don’t think you owe? According to the law, if you send the debt collector a letter stating that you do not owe some or all of the money within 30 days after you receive written notice of a debt, the collector must stop trying to collect until you’ve been given written verification of the debt, like a copy of the bill for the amount you supposedly owe. The collector can renew collection activities once you’ve gotten proof of the debt.

You can stop debt collectors from contacting you about any debt, regardless of whether you owe it, by writing a letter telling them to stop contacting you. Once the collector gets your letter, it may not contact you again — except to say there will be no further contact or to let you know that the collector or creditor intends to take some specific action. Sending a letter doesn’t absolve you of the debt if you actually owe it; the debt collector or creditor still could sue you for the debt.

Future Collection Efforts
The best way to protect yourself from future collection on any disputed or partially settled debt is to get a form or letter from the creditor or collector that releases you from further obligation. To make sure the release is valid, you may want to consult an attorney. If you believe that a debt collector violated the law, you have the right to sue in a state or federal court within a year from the date the law was violated. If you win, you may recover money for the damages you suffered, plus an additional amount up to $1,000. You also may recover court costs and attorney’s fees. You also may want to report any problems you have with a debt collector to your State Attorney General and to the Federal Trade Commission.

The FTC works to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop and avoid them. To file a complaint or get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. Watch a new video, How to File a Complaint, at ftc.gov/video to learn more. The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.

October 2004

I never answered the phone the first time they called my home with their Houston number on 9/13/2011 and after I googled their company and found their contact info, I sent a Cease and Verify letter to them.  They then called from this Virginia number with their company name in the caller ID and I faxed them a copy of the Cease and Verify letter.  The next day they called from this same number, but it came up as only city and state in the caller ID.  Again faxed them the Cease and Verify letter.  After that, they called in the same time frame but it came up as unknown number and name in the ID.  Yesterday, they called from this number with their name in the caller ID.

Between 9/13/2011 and 10/12/2011, they violated that letter 27 times, with 3 calls in one day!

I am in the process of filing a lawsuit against them and another company that did an unauthorised formal inquiry of my credit report on something my ex wife had done in 2001 with a power of attorney while I was in Afghanistan fighting, just so that they can hurt my credit and begin anew the SOL.

After talking to my attorney, this company and the other I am suing are well known for violating Federal, State and local laws.  Each phone call after receiving the Cease and Verify letter is a $1,000 fine.  On top of all that, it has been 30 days and still no proof of the debt they are trying to collect has been sent to me in the mail.  If it were a legitimate debt, I would have received something by now.

Lastly, I read in another post that someone was being harassed for a WAMU account.  WAMU was bought and taken over by JP Morgan Chase in (I think) 2006 or so, so there are no legal claims to debts on old checking/savings accounts.  They are automatic write-offs as part of the takeover agreeement.