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ARS and zombie debt

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I finally got a response from Miller Stark Klein and Associates on my CFPB complaint. They claim they will cease and desist on their collection efforts. However, I have an issue with their statement. They are claiming that I confirmed that the debt is mine. I did confirm that I am the individual that they are looking for, but never made any statement directly to confirm that the debt they are seeking is mine. I guess one could infer that since they are looking for me, had a previous address, my phone number, and last 4 of my SSN.

 

There is a message on an answering machine at my Dad's place that I believe is from them, if not from them, ARS, that may very well be violations of FDCPA and TxFDCPA.

 

Is it worth me disputing and urging the CFPB to request any recorded conversations that they have had with me?

 

Here is their response in the CFPB terminal

 

Company responded

Miller, Stark, Klein, and Associates said:

Explanation of closure

Miller Stark Klein will always strive to do the honest thing and keep our word by closing a debt even if the consumer states they didnt pay it even though they received the goods and services and no further contact with [my name] will be made from our company.

Response

This is in direct response to complaint filed against Miller Stark Klein and Associates from here in referred to a MSKA, by Mr. [my name]. Mr.[my name] was contacted by MSKA on September 6, 2016 in regards to a Chase debt. He was given the Mini Miranda and last 4 of his social security number was then verified and the explanation of the debt was given and that he confirmed he received goods and services for and did not pay what he owed. There was no threat of legal action by his own statement he was told this would be forwarded back to the client. Miller Stark Klein and Associates is a licensed collection agency. [my name] by his own admission stated that he owes the debt, however it is too old to collect on. Miller stark Klein believes that most American citizens want to pay for things they receive good and services for most and most Americans will pay what they owe regardless of how old a debt is, if you enter into a contract with someone you make a promise to pay agreement with them and as such no matter how old a debt is you pay them back. This is Miller Stark Klein's belief that honest American citizens pay what they owe even if it is late, if circumstance in their life prohibit payment at that time they will pay this when the situation is better for them because this is the contractual agreement they were trusted to keep. If a debt is too old to sue this does not mean that the person does not want to pay it, it could mean they were unable to pay due to sickness, illness, or some other life event that prohibited them at the time. This is why we call to see if these circumstances have lifted and the citizen wants to pay back what they owe, even if there is no legal recourse the moral standing will always be the same, pay what you owe. It is however, Miller Stark Klein's belief that when we call a person it is their intentions to pay and we believe that the person on the other line wants to do the right thing. In rare cases we find people that choose not to do the honest thing and pay what they agree they received goods and services for and in this instance we close the matter and we do not sell the debt to anyone. Miller Stark Klein and Associates can't say for sure of the account was sold to more than one collection agency at the time we purchased it however we as a company will always strive to do the honest thing and keep our word by closing the debt out and making no further contact with [my name].

A few issues I have with this:
1. They are refuting my claims that they were indicating legal action, including but not limited to, bank fraud.
2. They claim to be a licensed collection agency, however, they do not provide a license number. I have not been able to find them on the Texas SOS website as being registered in my state. Should I push for their registration information?

 

 

 

I would dispute their statement

 

Considering what they stated to me over the phone, this spurious attempt to discredit me to the CPFB isn't surprising, but I am surprised at the outright LIes to Federal regulator.

 

1) I never confirmed that the account ARS was attempting collection on is mine

 

2) I never confirmed that I received goods and services for and did not pay what was owed.

 

3) I told ARS that I am not aware of any such debts and will not make any statements regarding them,

 

3) I find no record that they are registered as a and bonded in the state of Texas on the

 

4 ) ARS did state "(whatever they said about Civil action )" and now admit that the subject accounts are past the Statute of limitations. So they are threatening to file suit on out of statute Debts.

 

5) CFPB, please Ask for a call transcript backing up ARS response, bet they don't have one. -

 

6 Why don't you Audit them ?

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They called me, my mother, my employer and my ex husband of 23 years yesterday and said they were suing me!! They don't even have a license in the state of Washington to collect debt. And I have zero debt to Chase. I haven't called them back yet because I didn't know what to say. Same threat legal action in a civil case pending lawsuit blah blah blah.

 

Those are huge violations right there.

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Miller stark Klein believes that most American citizens want to pay for things they receive good and services for most and most Americans will pay what they owe regardless of how old a debt is, if you enter into a contract with someone you make a promise to pay agreement with them and as such no matter how old a debt is you pay them back. This is Miller Stark Klein's belief that honest American citizens pay what they owe even if it is late, if circumstance in their life prohibit payment at that time they will pay this when the situation is better for them because this is the contractual agreement they were trusted to keep. If a debt is too old to sue this does not mean that the person does not want to pay it, it could mean they were unable to pay due to sickness, illness, or some other life event that prohibited them at the time. This is why we call to see if these circumstances have lifted and the citizen wants to pay back what they owe, even if there is no legal recourse the moral standing will always be the same, pay what you owe. It is however, Miller Stark Klein's belief that when we call a person it is their intentions to pay and we believe that the person on the other line wants to do the right thing. In rare cases we find people that choose not to do the honest thing and pay what they agree they received goods and services for and in this instance we close the matter and we do not sell the debt to anyone. Miller Stark Klein and Associates can't say for sure of the account was sold to more than one collection agency at the time we purchased it however we as a company will always strive to do the honest thing and keep our word by closing the debt out and making no further contact with [my name].

 

That's some superfluous BS right there & has zero legal bearing.

The law is the law for a reason, they can try to collect within the law until the end of time, BUT they cannot sue you for time barred debt.

Make sure you're checking the court house(s) to see if they're stupid enough to try to file suit.

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Collector of the day. Account Management group and Associates "law firm"

Same claims as everyone else, filing suit, etc. I asked the lady's name, if they recorded their phone conversations, had her repeat the business name, I told he I was unaware of such debt, if it did exist it eould be well past the texas statute of limitations, and asked her if she was aware that threatening litigation on a debt that was past the statute of limitations was a violation of the FDCPA. She indicated she was aware of the FDCPA and they were within their rights. I told her they could expect communication from the FDCPA.

 

I forgot to get the address. The next three people I talked to refused to give the address.

 

I finally got another lady on the phone. Confirmed my information so that it was on their recording. Adked for their address, she refused, I politely informed her that they were in violation of the FDCPA and that they would be contacted by the CFPB. I will be filing a complaint with them this afternoon. Unfortunately, I cannot file with the Tx AG without an address and haven't been able to come up with anything concrete yet. I will search the TexasSoS site when I get to a computer and see what I can find.

 

Anyone have an address for them? Closest link I have found is AMG LLC out of Seattle, the phone numbers listed on their website ring to a voicemail box.

 

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Miller stark Klein believes that most American citizens want to pay for things they receive good and services for most and most Americans will pay what they owe regardless of how old a debt is, if you enter into a contract with someone you make a promise to pay agreement with them and as such no matter how old a debt is you pay them back. This is Miller Stark Klein's belief that honest American citizens pay what they owe even if it is late, if circumstance in their life prohibit payment at that time they will pay this when the situation is better for them because this is the contractual agreement they were trusted to keep. If a debt is too old to sue this does not mean that the person does not want to pay it, it could mean they were unable to pay due to sickness, illness, or some other life event that prohibited them at the time. This is why we call to see if these circumstances have lifted and the citizen wants to pay back what they owe, even if there is no legal recourse the moral standing will always be the same, pay what you owe. It is however, Miller Stark Klein's belief that when we call a person it is their intentions to pay and we believe that the person on the other line wants to do the right thing. In rare cases we find people that choose not to do the honest thing and pay what they agree they received goods and services for and in this instance we close the matter and we do not sell the debt to anyone. Miller Stark Klein and Associates can't say for sure of the account was sold to more than one collection agency at the time we purchased it however we as a company will always strive to do the honest thing and keep our word by closing the debt out and making no further contact with [my name].

That's some superfluous BS right there & has zero legal bearing.

The law is the law for a reason, they can try to collect within the law until the end of time, BUT they cannot sue you for time barred debt.

Make sure you're checking the court house(s) to see if they're stupid enough to try to file suit.

I have some days off coming up, I need to go search JP and county court to make sure I don't have anything pending

 

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The next time they refuse to give out an address, ask them how do they get checks or money orders mailed to them. ;)

 

Have you contacted a lawyer, they may have heard of these outfits & might even have a way to go after them.

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The next time they refuse to give out an address, ask them how do they get checks or money orders mailed to them. ;)

 

Have you contacted a lawyer, they may have heard of these outfits & might even have a way to go after them.

I haven't contacted anyone. Right now, I prefer to just file a CFPB and TxAG complaint and have them go away.

 

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Here is the dispute which I just filed in the matter regarding Miller, Stark, Klein and Associates.

 

The blanket response given by Miller, Stark, Klein and Associates gives me great concern for the way that they conduct their business. It shows an utter disregard for the FDCPA in that they made many false claims. Their statement reads as a form letter, into which they simply plugged my name. This would indicate that they did no investigation of their own in this matter to determine whether any of their employees are engaged in deceptive collection practices.
First and foremost they have questioned my integrity by directly implying that this debt belongs to me, I never confirmed that the debt they are attempting to collect is mine, nor did I confirm That I received goods and services, for which I did not pay. I did state that I have no record of such debt at this time, and any and all debts that may be associated with my name have exceeded the statute of limitations for legal action in the state of Texas. I have not received any written communication from Miller, Stark, Klein and Associates for me to perform a thorough search into the matter, and if necessary, provide them with a written dispute of their claims.
Secondly, There is no record that they are licensed and bonded in the State of Texas under the name Miller, Stark, Klein and associates, the address associated with this business name, or any of the phone numbers I have been able to locate for this company. This is a violation of my rights as well as Texas state law by attempting to collect a debt, implied or otherwise, in the state of Texas without being a registered and bonded Debt collector.

I would ask, as a representative of the Consumer Financial Protection Bureau, you request any and all phone transcripts from Miller, Stark, Klein and associates related to my file and communications that they have had with me. This would very obviously show that they are practicing deceptive collection tactics in an attempt to scare uninformed consumers into paying debts which they may or may not owe.

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For those of you who haven't been through the Consumer Finance Protection Bureau complaint process, the following is typically what I put into the complaint fields. I try to be as detailed as possible, as well as give as much information as I can remember. I feel that this helps the process along. This time around, it may take even longer, due to the fact that I was unable to provide a valid address. I was able to find a few address that COULD be linked to this group, however, without knowing for certain, I left those fields blank. I also made sure to record date and time of all communication and request that they pursue an investigation that would include requesting all transcripts of phone conversations to substantiate my claims. I have no doubt I will get another blanket response just like I got from Miller Stark and Klein in an earlier complaint. However, there is a key line in there, "In rare cases we find people that choose not to do the honest thing and pay what they agree they received goods and services for and in this instance we close the matter and we do not sell the debt to anyone. Miller Stark Klein and Associates can't say for sure of the account was sold to more than one collection agency at the time we purchased it however we as a company will always strive to do the honest thing and keep our word by closing the debt out and making no further contact with [my name]" This should, in theory, stop the debt in its tracks, if they close the matter and do not sell it. However, they of course have an out, through the following statement and can always claim that the debt was purchased previously by another collector. I'm not sure how this process works, and if that is even possible, however, it does give you a statement that they said they would not sell the debt in the future, in the event you should ever need it.

 

I digress, below is my statement:

 

in the "Describe what happened so we can understand the issue..." field:

 

I was contacted by a company claiming to be Account Management Group and Associates Law Firm on 10/25/2016 at 10:11 AM. Upon following their prompts I was disconnected. I called them back to get information as to why they were calling me. at 10:14 AM I was greeted by Lacy Stephenson, when asked if she had an employee number, she would not provide it. I asked what the call was in reference to and she stated a Chase Bank Visa card, of which a legal matter was pending. I informed her that I had no records at this time indicating such a debt and that if it existed, it would be beyond the statute of limitations in Texas. I asked her to repeat the business name so that I could make note of it. I asked her if they recorded their phone conversations, to which she stated that they do. I asked Ms. Stephenson if she was aware that threatening legal action on a debt that is past the statute of limitations is a violation of the FDCPA, to which she responded that she was quite aware of the content of the FDCPA and proceeded to go on about legal matter, etc. I politely informed her that she would be receiving communication through the CFPB and disconnected the phone call. I realized, that I had not gotten the address of the company for my complaint so I made return calls. The next 3 calls were to obtain their address, to which they stated that they did not give it out and refused to provide it. I made one final phone call at 10:20 AM. When I was greeted, I confirmed my information so that it was on their recording, if they exist. I asked for their address, she refused my request.. It was at this time that I politely informed her that they were in violation of the FDCPA and that they would be contacted by the CFPB after I filed my complaint with them. She ended the conversation by saying that the information would be in the complaint when I received it.

 

In the "What do you think would be a fair resolution to your issue?"

 

I would like the CFPB to investigate this matter. Account Management Group & Associates Law Firm is very blatantly engaged in the practice of scare tactics and intimidation to secure payment from uninformed consumers. They masquerade as a law firm, threatening legal action to intimidate unwitting consumers into paying on debts that may or may not belong to them. I have provided date and time for all of my communication with them at this point. This should help, if the CFPB were of a mind to request phone transcripts to substantiate my claims that they are threatening legal action. Furthermore, I can not find an active bond in file with the Texas Secretary of state under the name in which they gave. It is a violation of my rights, as well as Texas state law to attempt to collect a debt in Texas without a valid bond on file with the state. I unfortunately cannot file this matter with the Texas Attorney General without a valid address, of which they refuse to provide nor can I obtain any data through extensive web searches and phone calls that link any company listed to the company that called me. Any phone numbers I have procured for AMG either ring dead or back to a voicemail.
I have received no written communication from this debt collector or implied law firm to do my own investigation into my records to see if this claim is valid. Without such, I have not been able to serve them written notice of a dispute in this matter, thus depriving me of the courtesy of resolving this matter. Therefore, I would request that any and all debt collection regarding this alleged matter cease and desist. This would include, but may not be limited to ceasing all written, electronic, and phone communication, terminating all files from their system, and not selling this debt to another agency to attempt collection.

 

---

 

This goes well beyond the "What do you think would be a fair resolution to your issue?" title, however, this is my third complaint, I am learning more about the process, and feel that I need to make as many "solid" claims as I can so that maybe they will launch an investigation into these companies, or turn them over to an entity that can, to try and help prevent these types of things from happening to other people, and hopefully from some uninformed consumer, selling the farm, to take care of one of these issues.

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I got calls yesterday and today, both regarding chase debts. 2 different agencies. Today was ARS, yesterday was a place with a name much like a lawyer. I will have to check my notes and post later. Both are insinuating civil action. Today ARS mentioned civil action. I told both that I am not aware of any such debts and will not make any statements regarding them. ARS said they would send out information. The other place said attempts had been made at an address I lived at 6 or 7 years ago. These are old. Nothing on my reports as everything has aged off (read past SOL). I am in Texas and SOL is 4 years.

 

Suggestions?

 

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https://creditboards.com/forums/index.php?showtopic=579844

 

 

they are on the Lawsuit exhibit list of CA's == ARS LLC, fka Retention Services LLC

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I got calls yesterday and today, both regarding chase debts. 2 different agencies. Today was ARS, yesterday was a place with a name much like a lawyer. I will have to check my notes and post later. Both are insinuating civil action. Today ARS mentioned civil action. I told both that I am not aware of any such debts and will not make any statements regarding them. ARS said they would send out information. The other place said attempts had been made at an address I lived at 6 or 7 years ago. These are old. Nothing on my reports as everything has aged off (read past SOL). I am in Texas and SOL is 4 years.

 

Suggestions?

 

Sent from my SAMSUNG-SM-G930A using Tapatalk

 

https://creditboards.com/forums/index.php?showtopic=579844

 

 

they are on the Lawsuit exhibit list of CA's == ARS LLC, fka Retention Services LLC

Good deal. Thanks for the update

 

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Update on my most recent complaint:

 

I got an email saying I needed to contact the CFPB to move my complaint forward. They tracked the number that is calling and it traced back to Allied Management Group. I approved the name change and hung up. After a quick Google, it showed and Allied Management Group, which I MAY have a legitimate dealing with regarding travel accomodations. I've tried a few quick googles to try and find a different company under the same name without much luck. So, I called back and confirmed the telephone number. That was all on the up and up, however, the representative could provide no other information so that I could confirm if this is the same company or not. Hopefully I don't end up back at square one with this one

 

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