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Collect America CACV CACH Franchisees and Collection Debt
Filed Under: Collections
Filed Under: Collections
Collect America is a huge JDB with many franchisee’s across the country. They have alleged lawyers in these offices. CACV stands for Collect America Collection Vehicle and CACH purchase junk debt for Collect America. Collect America was sold by Scott Lowery in 2005 for $350 million! Even though he sold the company to First Analysis Private Equity Fund IV, he reportedly is still involved in operations through his brother.
This debt collection agency is typical with their tactics. Letters, phone calls and threats to the consumer.
Here is a list of possible franchisees (from Bud Hibbs site):
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)
Take heed if you are served a summons at your residence from this company. They are infamous for lawsuits and arbitration with NAF. National Arbitration Forum. Do not ignore.
Read below of a consumer who learned quickly how to fight back and WON !
August 2008: UPDATE: “The july 9th court date never came as CACH LLC’s new attorneys called me about a week before trial to settle. At first, they “offered” me for ME to pay them $3,000, which they argued was far less than over $17,000! I told them in no uncertain terms, NO. As I had filed a counterclaim against CACH, LLC and Daniel N Gordon for $150,000, they wanted this to end. They asked me what I would take to settle. As I’m a person of integrity and not into it for the money, I told them they’ll receive no money from me, everyone pays their own court and attorney costs (I had none except the court filing fee), and the cases get dismissed WITH PREJUDICE. That means this case can NEVER be put back into the court system again for any reason. 
It’s over…finally after over 2 years of dealing with their attempts to bury me in paperwork. I kept up with it though, and have learned a LOT about the debt collection and legal system as a result. Bud Hibbs is a wonderful person for having this website available for the public who needs advice without being able to afford talking to an attorney. Now, I have this advice for everyone here…don’t ever give up…and NEVER ignore a case that filed against you in court by these scoundrels. That’s really what they hope for…is a default judgment against you. They HOPE that you’ll either ignore it (they win that way), or that you can’t really afford to fight it with an attorney. However, you DON’T really need an attorney to fight these scoundrels…you CAN do it yourself.
As part of the settlement, which has no wording in it saying that I can’t talk about it, CACH, LLC has agreed to drop the matter AND to report to the credit bureaus that they are removing this entry in my files. See, you CAN win against these people…just work hard at it and you will. If more and more of us can get to the point where we’re all standing up against these scoundrels, they’ll depart with their tails between their legs. Oh, and don’t be afraid of “big name” or big sounding “attorney” firms. “
This is why we are passionate about consumer awareness with collection debt. Consumers can educate and empower themselves.
NEXT LEVEL CREDIT
Daniel N. Gordon PC, I just reported this guy to the Oregon Bar today, something needs to be done about this guy he will do anything he can to get a judgment against you even if it means lying in court. He will disreguard your paperwork that you file in court for the case if it might be just the thing you need to end the case after being served. he will string the case along 6 months and file for a default judgment claiming that you did not file your paperwork right in court so he did not have to honor it and act like it was never filed and tried to use arbitration even after you file the paperwork for a court trial and then had a one sided arbitration hearing any way and then got a default judgment because you never showed up for the hearing.this guy should of been disbarred 30 years ago. We really don’t need people like him in this world.Why can’t serial killers with a theme go after people like Daniel N. Gordon they would be doing everyone a service.
MDF, Thanks for your comment. This is going to help to inform many unsuspecting consumers of this ruthless individual. Please report him to the FTC if you have not done so already. Doesn’t the judge realize this is not legit?
~Next Level Credit~
I had a $20,000 MBNA debt that got sold off to Scott Lowery/Collect America a few years ago. They lied to me over the phone and told me that I could make $300 payments and they would give me a 0% interest rate. I made payments for over two years. Then I asked for a statement to find out what my balance was. It was higher than when I started. They said that it was 0% on the $20,000 but that 20% interest was being accrued in a separate area that was now at $10,000 – that after I paid the full $20,000, i could settle on the interest. I stopped payment, saying I wanted something in writing. Instead, they got a mediation award against me and now I am stuck. They offered to settle afterward, but again, would not put it in writing. They are Liars. If anyone has any advice, it would be greatly appreciated. TY.
SL, Thank you for your comment. Reading about this type of behavior and “business” practice infuriates us. It is typical however.
There is one option for you…going to court to appeal the arbitration award. We have a few directions for you to go depending on where you live and the resources you need. We are not able to give legal advice but we are able to refer you.
~Next Level Credit~
I am being sued by Cach LLC in Missouri for a debt that it not mine which is from June 2007, but I did not find out about it until December 2008 because I do not check my credit report often enough. I am the victim of identity theft-the credit card was opened using my maiden name and an address I never lived at. I have a police report. This has been in court since December 2008-First they filed the lawsuit in the wrong county, so i never got the first summons. I got the second summons and ever since then they have just been continuing the case. I just got a letter today saying that Cach LLC has denied my claim for fraud on the account and we are set for a court date on June 16, 2009. They say the card is my mine and at some point it was reported lost and reissued-but I NEVER opened a card with the company, Credit one who sold the debt to CACH LLC. I am due to have a baby in July so this is adding to my stress. I thought about getting a lawyer but can probably only afford to pay a few hundred. Does anyone have any suggestions?
Elizabeth, Thank you for your comment and inquiry.
You can fight this. First of all even if the card was yours – you do not owe CACH a dime. Second, you can file another answer with the police report. ALSO the collector has to prove that it is YOURS. It is not up to you to prove it is NOT. They have to prove it. So you may have to request that in a trial. You may have to threaten trial. You can file a sword denial. They have to prove that this is NOT id theft. This is very serious. Do not delay on filing this. Call us if you have further questions.
~Next Level Credit~
I just wanted to say that I appreciate reading this today. I am also in a court fight
with CACH, llc. They filed suit against me in district court and I went to court without
a attorney. They lost and I won. My glee was short lived because the filed an
appeal in Circuit court. I was to scared to go through that again on my own so I have paid a attorney $2000 to repersent me in the Circuit Court. I found out that CACH has refused to do a deposition and I have to pay another $1500. I was almost ready to throw in the towel because I just dont understand whats so
important about a depo. Why bother with a judge when you have a depo showing what the
other guys got? Anyway after reading whats posted on this website I’ve decided that I’m
not quitting.
Terri,
Thanks for your comment. Congrats so far! Keep us posted on your success with this fight.
~Next Level Credit~
Hi there. I am currently being litigated by Attorney Daniel Gordon and am three weeks away from arbitration. It is over a American Express debt where he is claiming to be American Express as the Plaintiff but when I call American Express they have never heard of him.
I do have an American Express debt of 30k and I can only assume he is a junk buyer of this debt. But he is claiming to be the Plaintiff “American express” in this litigation and not “Daniel Gordon”
My arbitration hearing is for End of October.
I know there is a class action going on and I was wondering if anyone could help shed some light or give some insight if possible.
For the past half year I have not avoided this Dan Gordon, done everything by the book to keep him from getting default judgment. All docs have been submitted on time with Washington County Courts on my part and I even was able to select the Arbitrator I wanted because they did not fill that out. (personal injury attorney is my arbitrator!)
This upcoming week my arbitration fee of 350.00 is due. I am going to pay it. I am wondering if Dan Gordon is going to pay this to take this all the way or if it will end here.
And if they do take it the whole way if the arbitrator will notice that he is not American Express as he claims to be and just Dan Gordon Junk buyer.
Dan Gordon has knocked down the settlement offer from 30k to 17k lump sum payment. Or I can choose a stipulation judgment with them and make monthly payments on 24k.
I can make this headache go away right now by setting up payments for them on 24k.
But I’m almost willing to gamble this and take it to arbitration simply because of who this is and who he is claiming to be. Also I will be calling Dan Gordon again next week days before arbitration payment is made to see if the dollar offer has dropped more.
I’m wondering where or how most of these Dan Gordon cases go. He has to have tons of cases. I’m reading of a few off google now. But the masses of them where do they go? settlements? does he actually win? whats the insight here.
Any insight would be helpful.
Thanks!
Mindy,
Thanks for your comment. We are not aware of a class action against Dan Gordon. It seems that you have received a letter for arbitration. Who is doing the arbitration? NAF? Not possible.
Yes there are a number of class action suits against NAF. So Dan Gordon is not able to use NAF at this time.
Also with your defense in this “case”, you should ask for validation. Have you requested this? This is your first step.
You are conversing with DAN, therefore admitting that you owe DAN when in fact DAN has to prove it. AMEX is done, charged off, written off, sold and took a loss.
Stop talking to these people and learn more about your rights. Do not make any payment plan. Please understand the corruption of DAN and stop listening to their office. Call our office if you have more questions.
~Next Level Credit~
Hello,
Dan Gordon has is attempting to collect garnishment wages against my father, for a debt that is not his. We share the same names and at one point the same address. His SN and my own got mixed up on the Loan. After losing my job my loan defaulted, and payments could not be made. Now the representative for Dan Gordon is telling my father that they need a copy of my and my fathers SN and drivers license or they will restart the garnishments. They have already went to court against the wrong person and filed garnishments against the wrong person. Would it be smart for my father to look into ID Fruad in regards to the loan and how should we go about with dealing with Mr. Gordon?
Rpdx,
Thanks for your comment. There are a few issues here. #1 The only way to garnish wages is when a judgment is rendered. Get that information from the court. #2 If your father was not served (regardless of ID) and had no knowledge of this case, then there is a possibility of vacating the judgment. #3 If your father was served and did not answer the summons to the court, then that will be another direction to take action with the court in regards to the ID mixup.
We do not understand what Dan Gordon is attempting to collect. The loan? It is in your name?
Get an attorney to handle the motion to vacate for your father. Do not talk to Dan Gordons office at all. If you do need to communicate, everything needs to be written. The motion to vacate will be done through the courts. You can recover all monies.
Contact our office if you have further questions.
~Next Level Credit~
I have been trying to get a debt validated from CACH LLC, and several of it’s franchisees for months now. Pentagroup Financial (Houston, TX), and the Law Offices of Joe Pezzuto (Pheonix, AZ). I have the certified mail receipts of every debt validation request letter I’ve sent, with no response from the debt collector. In this letter I also requested proof of account ownership and a copy of the original contract. Again, not one of these agencies has provided the information requested.
(History- we owed a debt to the original credit company, but when my husband was deployed the account fell behind and went into collections. It then became four times the original amount due. I could not get information from anyone with the original credit company who’s call center is in India. Communication was difficult to say the least. They claimed no further responsibility for this account. I was told to wait for a collector to contact me.)
Now I see that CACH LLC has reported this invalid debt on my credit report. We’re in the middle of buying a house and this is going to cause problems. The original debt is also listed on our credit. Since we can’t get information from anyone, we can’t make progress. What do I do?
Mrs. Smith,
Thanks for your comment. It is very positive for you that CACH, Pentagroup and Pezzuto have not validated the alleged debt. This is the result that you seek.
Contact the 3 credit bureaus to remove CACH from your reports.
~Next Level Credit~
Thank you. I have drafted a letter regarding CACH LLC for the credit reporting agency. With the original debt company still being listed on my credit, and not being able to get information from them regarding this debt, how do I get that taken care of?
Mrs. Smith,
Thanks for your comment. You can write to the CRAs regarding the original creditor and have them remove the item.
~Next Level Credit~
I settled with Jorge Lopez for an amount on a chase credit card. We settled for less than full amount, but they were happy to get a fair payment. I have a letter from him saying of the payment cleared it would be considered settled and then there would be no further action on this debt.
Well, the payment didclear and they did draft my account, but the judgment is still listed on my wifes credit report as unsettled. This is a year later.
Now there is no Jorge Lopez at the old email he use to use and the phone number is disconnected.
What do I do now?
Please help.
Thanks.
JH,
Thanks for your comment. If you have the letter, the approved draft, and the payment cleared, then we would advise that you contact the CRAs for your wife’s report and send copies and a letter explaining and asking to update the report.
~Next Level Credit~
I don’t know what to do. I set up a payment plan through a credit service to pay my AmerX card to Dan N. Gordon’s office. A Scott Reed from his office claimed he had a default judgment on me for an American Express bill of 4,000. And if I didn’t sign a stipulated Judgment, he would use the default judgment, and he didn’t have one at the time. Since, Gordon’s office got a default judgment without giving me a notice of appearance, and after taking payment from a credit services I set up to pay off the bill.
Gary,
Thanks for your comment. Often this happens. The consumer will make payments in order to avoid a judgment and then the CA will serve a summons. Or the summons is served and the CA wants the consumer to sign a stipulated agreement/judgment. DO NOT SIGN. We would advise legal counsel in your state. Breach of contract from Dan Gordon?
~Next Level Credit~
I had a 6K debt with MBNA which is currently in the hands of CACV. A final judgement was passed by the court in 2005, but the case was never assigned to an officer.
My last payment to MBNA was in 2001 prior to it being sold to CACV, do I have any rights as far as statute of limitation? I was told that the court judgement has a limit of 20yrs and at that time it can be extended.
What options are left for me? Should I contact CACV’s attorney to settle this debt? The lien on my credit report is preventing me from getting a home.
Thank you. Also great job putting this website up, you are doing us all a great service.
IN,
Thanks for your comment. It may be too late to vacate this judgment due to SOL of the original account. Were you served officially? If not, you can get this dimissed due to improper service.
Other than that, you may have to settle with CACV.
~Next Level Credit~
I just recieved a summons from CACH, LLC. after the sheriff handed me the summons he pointed out to me that I have less than 7 days before I have to go to court. It states in the summons that I have 30 days to respond. Is tthis legal for them to do? Also, I have read the posts here, How do I counter sue or argue against them right now? Please help. I am in Florida and this is the first time I had this happen to me.
Thnak you
I have been paying Daniel Gordon PC for about 18 months, $800/mo, for a AmEx account. The original AmEx balance was around $ 25,000. We have paid them over $ 12,000 and now the time has come for us to have to stop unless the future construction industry improves.
We never signed anything about these payments, it was all verbal over the phone. We went into this like I said 18 months ago, before I learned about validation letters, etc., or I wouldn’t have ever agreed. Now I know better.
Anyway, I was looking at our AmEx statement the other day and the balance is going down as it should, but it also says minimum payment due is $ 286. Why am I paying $800/month, can’t I just pay the $ 286? And do I have to continue paying Daniel Gordon, PC? I never signed anything and it never went past the “collectors” in the office, no attorney they say had seen it at the point of discussing my payment plan.
If I quit now, I don’t think I can request validation because I have a track record. Do you think this Daniel Gordon bought the debt or is really working for AmEx?
Any info would be great. I have learned a lot in the past year about disputing, just wish I had done it with these guys.
Thanks
Ns,
Thanks for your comment. Usually the defendant has 30 days to file an Answer to the court.
Contact our office for more information on legal resources in Florida.
~Next Level Credit~
HF,
Thanks for your comment. These are interesting facts to read that your Amex balance is decreasing. Dan Gordon is taking $800 and applying it to the $286 would be our assumption. It seems that Amex did not sell this account. ??? Have you tried to ask Amex?
You have acknowledged the debt with Gordon by making payment to them regardless of signing anything. You are correct – there is a record of payments and you will not be able to dispute it.
Now that you have learned alot, you can help someone else. We learn expensive lessons.
~Next Level Credit~
SO I got a call from Daniel Gordons office. Unlike some of the other stories, I was given the option of making manageable payments and then settling the debt in a couple months, as I just graduated from a top notch university, but have not found a job as of yet.
My question is, should I start to make the payments? I do owe the debt and have no problem with a settlement in a couple months, but I want to make sure they are not getting a judgement against me in the meantime or that by signing the payment plan, that I wont be getting myself in trouble somehow. As soon as I said I could do around 75 a month for a couple months, the lady I talked to said she would send me out a payment plan contract. What is the contract about? Should I sign something like that or just tell them that I will pay but wont sign?
Will I be safe making payments to them without a judgement being held against me? If so many people have not received their summons to court, how do I make sure I get mine? Do I need to just keep calling the small claims court in my area to find out?
As you can see, I am confused and would love any input possible. Thanks.
ZZ,
Thanks for your comment. Do not trust that Dan Gordon will take your payments and turn around and serve a summons to you. A call from DG does not mean you have proof in writing. A contract from a CA? Sounds strange.
You need to have the CA validate the alleged debt.
~Next Level Credit~
About a year ago i received a letter and a phone call from a D. Gordon rep. They said i owed in the amount of $3800 on a Chase credit card. The original debt was $2500, but after a year of fighting with Chase about how much i could afford to send them a month, i sent my money to creditors who were willing to work with me. Anyway, after receiving Mr. Gordon’s letter, i called them and prepared to make payments, they said that they would take the $75/month that i offered them and in the future if i wanted to settle they would be available to discuss terms. They sent me a letter to allow them to draw on my checking account for automatic payments(i now realize what a horrible mistake that was) and i receive a monthly notice stating on what date they will deduct the money from my account so i can transfer it. i’ve heard from them twice since the original phone call, once to renew my payment plan, and yesterday to tell me that my payment plan isn’t working out. They claim that the letter sent stated that i was responsible for $5800 and that the 30% interest they were charging is more than the monthly payment i’m making, which has ballooned my balance to just over $6k. They’ve also informed me that i have 3 options.. continue and never pay them off, go to court and lose due to passively agreeing i owe them $5800 by way of my 12 months of payments(which i thought was only a balance of $3800 due to verbal information passed on the initial phone call), or settle by signing a “Confession of Debt” which cancels any further interest, but leaves me with a balance of $6k and a payment plan. Thoughts?
RAinWA,
Thanks for your comment. Dan Gordon is known for suing. They have you in a trap. You have paid them for a year and there is no way to ask for validation. We assume they are in your state of residence which means you would get sued.
As long as you are paying them, we have read that the CA cannot take legal action against you. You need to find an atty who specializes in collection debt and ask. NOTE:they have to specialize in collection debt defense.
~Next Level Credit~
My son had an ebay account on which he owed $84.00. They apparently sold the account to CACH which seems to have paid $400.00 for it since it now shows a payment in that amount from CACH and a credit balance of $316.00. Why would they do that and have you ever heard of this happening before?
KB,
Thanks for your comment. CACH most likely did not pay $400 for that account. Why does the CA raise the amount? Because they want to and there is no one who will stop them. The consumer has to keep complaining to your state AG and when the AG gets enough complaints then another DC will be shut down. Yes it happens all the time.
You will need to challenge CACH. Contact our office for more information.
~Next Level Credit~
I too i’m in a mess with Daniel N Gordon, but i have not setup any payments with him. Wish me luck in court!