Richard Woolwine

Kelly Woolwine

other location:

Richmond VA

Phoenix AZ

The good news is last year (2009) both companies were laying off employees. How can we say that is GREAT NEWS about people out of work??? Most of their employees don’t even understand the corruption of ACF and John P Frye and think they are a legitimate collection agency working on commission. The employees are better off NOT to work there. If the employee works for a CA, they are desperate!!! This is illegal practices. ACF buys junk debt for .09 cents on the dollar – reported in Dec 2008.

http://www.vawd.uscourts.gov/OPINIONS/WILSON/700CV00846.PDF

You do the math!

Beware in Virginia for collection debt lawsuits. If you are served a summons, you can fight back Pro Se or hire an attorney immediately.

See our site tabs for more information and sample on how to do it yourself and challenge collection agencies.

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Lots of cleanup going on in New York thanks to the Attorney General! You can stop collection agency harassment and it is being done in NY. Capital Management Services is located in Buffalo, New York. Buffalo is rumoured to be the debt collection capital of the US. Like most collection agencies, they are unorganized with a high employee turnover rate. This is great news for the consumer.

 Capital Management Services

 aka Center One Financial

 Head Debt Collectors: Jeffrey A. Hauser, CEO

CMS is known for their incessant phone calls. The letters are automated and sent out systematically. This company is very aggressive in collecting on expired accounts.

If you are contacted by Capital Management Services, contact our office for an analysis. Stop talking to this company!

726 Exchange St #700, Buffalo, New York 14210

Larry Costa, President

Karen Kraska, Secretary-Treasurer

Timothy Kraska, (very) Silent Partner

Patricia M. Cipriani, House Lawyer

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Zwicker & Associates are expanding on a national level. Their HQ is located in Massachusetts, however, they have mini offices in many states such as Alabama, Georgia, California, New York, Texas, Nebraska, and Utah This collection agency has a very bad reputation for lawsuits (especially with AMEX and {JDB} LVNV) against consumers. The CA cannot represent the plaintiff and act as a debt collector simultaneously. This is a violation of the FDCPA however RARELY used in the court. More consumers need to address this issue in the courtroom when their Answer and Affirmative Defenses are filed.

Zwicker & Associates do not have any rules. This company will use slander on the phone and threaten the consumer. They tell the consumer that they can collect in any state regardless of being licensed in the consumers’ state of residence. Lies!!! Zwicker can only sue IF they have an office in your state of residence and the attorney is located in your state of residence.

The good news is that 99% of the collection letters can be challenged and Zwicker WILL go away.

And IF the consumer is served a complaint:

The good news is that 99% of the lawsuits can be beat in court.

If you are a consumer that is receiving letters and calls from Zwicker & Associates or ANY collection agency, contact us immediately. We can stop collection agency harassment and eliminate the alleged account entirely. DO NOT PAY ANY COLLECTION AGENCY!

Zwicker & Associates, P.C.

80 Minuteman Road

Andover, MA 01810

Phone: 978-686-2255 800-370-2251

Fax: 978-686-3538

2300 Litton Lane

Hebron, KY 41048

800-555-6694

Paul W. Zwicker, Esquire, President

John Twite, Sr. VP Operations

Robert W. Thuotte, Sr. VP, General Counsel

Micheal Koziol VP, Collection Operations

965 Oakland Rd # 3D Lawrenceville, GA 30044-3758 – (678) 407-8033

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We do not write about debt elimination programs that include consolidation – that RARELY works. We have yet to know of a great, successful consolidation company that helps consumer.

You have to KNOW that you should NOT pay ANY collection agency! You can stop collection agency harassment.

You can complain and help to stop debt collectors by contacting your Attorney General.

If you think you have to declare bankruptcy, you may not need to because there are options. We help the consumer to avoid declaring bankruptcy.

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CREDIT CARD COMPANIES EXPLOIT LOOPHOLES

This is why we do not advocate debt settlement/debt consolidation. We receive calls from consumers who trusted the debt settlement / debt consolidation company and next thing that happened either the company disappears or the consumer credit accounts are moved on to collections.

This situation with Linda Robertson could have turned out different had she known about our company. If she contacted us WHEN she was receiving collection letters, we would have steps for her to take for collection debt elimination and not pay any collector.

PALM BEACH, Fla. — For the companies that promise relief to Americans confronting swelling credit card balances, these are days of lucrative opportunity. Consumers rarely emerge from debt settlement programs with their credit card balances eliminated, these critics say, and many wind up worse off, with severely damaged credit, ceaseless threats from collection agents and lawsuits from creditors.

5 WAYS TO MINIMIZE YOUR CREDIT CARD PAIN

We only advocate having only one credit card for emergencies.The alternative way for credit restoration

BUILD CREDIT WITHOUT A CREDIT CARD

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Credit card rate hikes reviewed, penalty fees crimped

Most credit card penalties will be limited to $25, and fees for customers who don’t use their cards will be eliminated under rules released Tuesday by the Federal Reserve.

The Fed also ordered a review of all credit card interest rate hikes imposed since January 2009, including most of the record increases that came in the wake of a nationwide cutback on credit.

The rules, which implement a final set of changes that Congress passed in May 2009, take effect Aug. 22.

“The Federal Reserve’s guidelines issued today are great news for consumers,” said Rep. Carolyn Maloney, D-N.Y., one of the authors of the credit card laws.

READ the article: CNN Money.com 6/15/2010

*****

Let’s talk about staying away from credit cards. We advocate the consumer having one card for emergencies. READ our blog post on building credit without a credit card.

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Nothing is easy when it comes to money and credit, but this information we are about to tell you, in our humble opinion, is a method that is different and easy to help your credit restoration process and build credit for yourself. It is very creative and we are very excited to tell you about it.

A VISA/MC LOGO ACCOUNT / PREPAID DEBIT CARD

A PRACTICAL WAY TO BUILD YOUR CREDIT

ACCOUNT NOW APPLICATION

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“The Law Office of Derrick E McGavic is attorney firm specializing in collections, creditor’s rights, bankruptcy, foreclosures and replevins. The firm is based in Eugene, OR and represents some of the largest and well respected clients in the industry.”

Even though this article is from 2008, it still depicts the corruption of this firm.  Beware.

If you are a consumer that has been contacted by this collection agency, contact us for an analysis immediately.

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When a consumer writes to the collection agency with a VOD (validation of debt) letter and the CA replies and sends older credit card statements to the consumer what would be the next step. #1 How long does it take the CA to reply and send the documentation to the consumer? #2 How old (dated) are the statements? #3 Are the statements authentic business records? #4 What is the relationship with the original creditor?

Ordinarily, if a consumer receives the statements from the collection agency, the consumer might assume that they need to start paying the debt collector. However, we believe otherwise. We keep challenging the CA and the relationship with the original creditor. Even when the CA sends documentation it should be questioned by the consumer. Push back. There are 2 things that may happen. When the consumer questions the documents, the debt collector will back off or they will sue.

What constitutes debt validation?

The FDCPA does not define what constitutes proper debt validation, and the issue has not been fully resolved by the courts. In the leading case of Chaudhry v. Gallerizzo, the Fourth Circuit Court of Appeals adopted a relatively low standard: “Verification of a debt involves nothing more than the debt collector confirming in writing that the amount being demanded is what the creditor is claiming is owed; the debt collector is not required to keep detailed files of the alleged debt.” The Court further stated that a request for validation of the debt is primarily intended to eliminate such problems as collectors contacting the wrong person or attempting to collect debts which have already been paid. In 2006, the Ninth Circuit Court of Appeals followed and adopted what they described as the “reasonable standard” articulated in Chaudhry.

Consumer advocates have criticized the Chaudhry and Clark cases as setting too low a legal standard for validation and allowing debt collectors to justify providing little information in response to a dispute. In addition, some courts (such as the Court of Appeals of Indiana) have taken a stricter stance on debt validation than the Chuadhry Court, though the precedential value of such cases is uncertain.

Thus, what exactly constitutes proper validation of a debt is not a settled issue and is likely to depend on the specific nature of the dispute. At a minimum, the debt collector is required to confirm with the creditor the amount being claimed is correct and that the person from whom they are attempting to collect the debt is the person who owes it.

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Lori Swanson, Minnesota AG does it again. She is on the warpath in our humble opinion. This article is regarding collections and lawsuits from junk debt buyers.

Legislation set to be introduced in Minnesota later this month would ban the practice known as “re-aging” delinquent accounts, making it more difficult for debt buyers to collect debts – particularly in cases where the amounts owed cannot be verified.

The bill would require debt buyers filing collection lawsuits to produce documents that prove the borrowers being sued actually owe the debts. That paperwork includes a copy of the contract or written evidence of the original debt, an affidavit stating the date and amount of last payment and written proof that the collection company does, indeed, own the account.

Failure to do so could result in fines reaching $2,500 per violation – and consumers would have the right to sue for damages. The Minneapolis Star Tribune published a story about the proposed legislation in Tuesday’s edition. Read more here: ARTICLE

Highest debt buyers 2007 rankings according to revenues (in thousands)…

1 Sherman Financial Group $1,250,000
2 Unifund 375,000
3 Asset Acceptance Capital Corp. 344,100
4 FirstCity Financial Corp. 310,000
5 Encore Capital Group Inc. 255,140
6 Aktiv Kapital Group1 240,684
7 NCO Portfolio Management 186,963
8 Portfolio Recovery Associates Inc. 163,357
9 1st Credit Ltd.2 107,546
10 ASTA Funding Inc.3 101,979
11 Intrum Justitia Group 59,000
12 Lowell Group 56,000
13 New Century Financial Services Inc. 47,000
14 Professional Recovery Systems LLC 35,000
15 RJM Acquisitions LLC 32,000
16 Resurgence Financial LLC 23,000
17 The Sagres Company 12,500
18 Streamline Capital Partners LLC 1,850

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