Bronson & Migliaccio hauntings

[deep-n-debt]

UPDATE to my DV letter sent to B&M:
Remember that I received the green certified card back from them on 10/16, with them signing it 10/13.

Today, 11/2 I received their response to my DV letter. Here is their letter dated 10/28, verbatim:

RE: Creditor: CACH LLC
Creditor acct #: ###########
Original Creditor: Care Credit
Original creditor acct: ########
Current Balance: $*,***.**

Dear (my name)
This office has been retained by CACH, LLC to collect the balance shown above. CACH LLC purchased your obligation from care credit. Accordingly, we are authorized to collect the balance due from you as set forth above. Please note that documents substantiating the creditors claim have been ordered, and will be provided to you.

Very truly yours

(his name), Esq.
For the Firm

This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose.(end of their letter)

Ok, so basically CACH LLC is the CA for Care Credit. This attorney's office has been "retained' to collect the debt I owe care credit. The attorney's office admits that their client has CACH LLC, "purchased the obligation". Which still does not validate to me that I owe cach LLC, nor this attorney's office.

Note that they have had my letter since 10/13, and didn't prepare and send this letter until 10/28. Are you going to tell me that they couldn't gather the "documents substantiating the creditors claim" in 2 weeks time??? They had 2 weeks to get that documentation and could have included the documentation in their letter to validate my debt.

Also, I doubt whatever substantiating documentation they get from the original creditor will also verify and document that they are LICENSED TO DO BUSINESS IN ARIZONA....Which they are NOT! I think we have determined that CACH does not appear to be licensed in AZ, and we definately know that B&M is not licensed to practice law in AZ.....What gives?

So should I wait for the substantiating documents or send another letter reminding them that they have to fulfill all of the requirements in my DV letter to them, or just simply do nothing at all....for now??


Follow up about Marval & Assoc (aka Jacobson & Assoc): On 10/30 nothing was garnished from my pay (imagine that), on 10/30 I sent them a DV letter certified mail. Now, I have the phone # that I tied directly to Marval calling me and leaving me messages referring to themselves as Jacobson and Assoc. This is the one that was for a payday loan. The woman leaving the message threatens she is going to call my employer and advise them that I used their IP address for the transaction (I guess because I did it on line), and also threatening to file check fraud charges, and mentioning something about my bank. Well, I no longer bank at the same bank, and I am no longer at the same employer as I was when I did this. So that will be a dead end, or at least a detour for them. By then, they will have received my DV letter.

[unusualsuspect]

Originally Posted by deep-n-debt

RE: Creditor: CACH LLC
Creditor acct #: ###########
Original Creditor: Care Credit
Original creditor acct: ########
Current Balance: $*,***.**

Dear (my name)
This office has been retained by CACH, LLC to collect the balance shown above. CACH LLC purchased your obligation from care credit. Accordingly, we are authorized to collect the balance due from you as set forth above. Please note that documents substantiating the creditors claim have been ordered, and will be provided to you.

Very truly yours

(his name), Esq.
For the Firm

This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose.(end of their letter)

Ok, so basically CACH LLC is the CA for Care Credit. This attorney's office has been "retained' to collect the debt I owe care credit. The attorney's office admits that their client has CACH LLC, "purchased the obligation". Which still does not validate to me that I owe cach LLC, nor this attorney's office.

Note that they have had my letter since 10/13, and didn't prepare and send this letter until 10/28. Are you going to tell me that they couldn't gather the "documents substantiating the creditors claim" in 2 weeks time??? They had 2 weeks to get that documentation and could have included the documentation in their letter to validate my debt.

This is a stall tactic. Neither the law office or the client has anything to back this, so they're trying to buy time.

Originally Posted by deep-n-debt

Also, I doubt whatever substantiating documentation they get from the original creditor will also verify and document that they are LICENSED TO DO BUSINESS IN ARIZONA....Which they are NOT! I think we have determined that CACH does not appear to be licensed in AZ, and we definately know that B&M is not licensed to practice law in AZ.....What gives?

Attorneys are exempt from having a collections license in AZ. However, unauthorized practice of law comes into play-- think complaint to the AZ State Bar.

Originally Posted by deep-n-debt

So should I wait for the substantiating documents or send another letter reminding them that they have to fulfill all of the requirements in my DV letter to them, or just simply do nothing at all....for now??

How long did you give them to validate? I only give CAs 15 days to validate -- after that, I let them know they failed to validate and to C&D. Only 1 agency was stupid enough to violate and they paid.

Originally Posted by deep-n-debt

Follow up about Marval & Assoc (aka Jacobson & Assoc): On 10/30 nothing was garnished from my pay (imagine that), on 10/30 I sent them a DV letter certified mail. Now, I have the phone # that I tied directly to Marval calling me and leaving me messages referring to themselves as Jacobson and Assoc. This is the one that was for a payday loan. The woman leaving the message threatens she is going to call my employer and advise them that I used their IP address for the transaction (I guess because I did it on line), and also threatening to file check fraud charges, and mentioning something about my bank. Well, I no longer bank at the same bank, and I am no longer at the same employer as I was when I did this. So that will be a dead end, or at least a detour for them. By then, they will have received my DV letter.

Marval/Jacobson are notorious violators of the FDCPA. The language on their website shows it-- it has phrases like "it's up to you if we prosecute" and even tries to pass of TIL as a criminal law to be used against debtors. If they've taken all the actions you describe then you've got at least 3 violations of the FDCPA. They are definitely full of s**t and need to be sued ASAP.

[deep-n-debt]

All of my DV letters that I have sent were taken from the form letter on this site. The sample shows 30 days, so that is what I used. I think that is fair enough, as I am asking them for 30 days to allow me time to investigate anything they come up with to 'validate' my debt....I know, I know, why am I using the word FAIR, right? Silly me!

Yes, I am saving all voice messages, which I now realize is WHY so many CA's just call and hang up if they don't get you, because they know they may be recorded. Well I have a few from all of the above companies, so if I need to I should be able to rock and roll with the best of them in court.

I will for sure be filing a complaint with the AZ State Bar. Is their a sample letter on here for that as well? I wouldn't know where to begin.

Thanks "US"

[unusualsuspect]

To make a complaint with the AZ Bar go here http://www.azbar.org.

I don't have a sample letter, but they may have a form...

[deep-n-debt]

I just researched filing a complaint on the link you provided for the AZ State Bar, and learned this:

(Cut and pasted from the site)
The State Bar does not investigate complaints against lawyers who are not licensed in Arizona unless they are practicing law in Arizona. Complaints usually must be filed in the state where the lawyer is admitted.

So in your opinion, is it considered "practicing law" by sending me the letter they did?

So if anyone, anywhere wanted to sue someone, they must first be sure that they are hiring an attorney that is licensed in the state where that person resides? So for example, lets say I want to sue someone, I am in AZ, but the other person lives in Montana....I would need to find a lawyer that is licensed or admitted in Montana right?

[unusualsuspect]

This is what I have been told by the AZ Bar...

"The out of state attorney is attempting to use their "influence" as attorneys to induce and to enforce payment on a contract... you happen to be in AZ... we think this could be construed as practice of law."

This happened to me after attorneys from PA attempted to collect a debt from me... I filed complaint for unlicensed collections, the complaint was forwarded to the AZ Bar. This was the meat of the letter I received back from the AZ Bar. Since I complained, there have not been any further efforts.

[deep-n-debt]

Update to sending a DV letter to Marval & assoc (aka Jacobson & Assoc) and the address shown on their website - I sent my DV letter certified with return receipt, on 10/30....since then I have been tracking it on USPS.com

(copy and pasted from usps.com)
Detailed Results:

Notice Left, November 03, 2009, 9:36 am, GETZVILLE, NY 14068
Arrival at Unit, November 03, 2009, 9:35 am, GETZVILLE, NY 14068
Acceptance, October 30, 2009, 3:30 pm, MESA, AZ 85206


So, guess who doesn't ever claim their mail? What do you make of this? Its not like they are checking their mail and just ignoring it, they don't appear to be checking it at all, as the USPS is not even leaving a second notice (that I can tell anyway). If they had picked up their other mail and just left the notice unclaimed, I would think that the post office would have returned my letter by now, no? Remember, these are the guys that had a PO Box address.

I suppose I will be getting this DV letter back unclaimed, then what? Also, I had another call today from the same person that I mention in my 10/26 post. The post where I quote the voice mail left from Jacobson and Assoc, this time, its the same guy, but now he is with "the garnishment dept with the offices of EMG & associates". - Oh brother! He never identifies he is with J&A, although its the same exact phone # and person that called before from J&A. I wrote this voice mail down as well, ver batim, here it is:

"This message is for (my name). This is (his name), and I am calling you from the garnishment dept w/ the offices of EMG & Assoc. I am calling to notify you that a company called (OC) is now preparing for the garnishment of your wages for the total balance plus all court fees and atty fee's with a court order to (inaudible) (but it sounds like "dismiss"). With a case # of _________. It is in your best interest to contact me immediately at 800-370-7706."

So what about the 'Case #" he mentions? Is that suppose to be a court case #? Why have I not received anything in the mail yet? Also, this is the same company that I called back that one time, wasn't the same guy as these 2 calls though. This was the call where I remained very calm, told him I was not confirming or denying anything and just calmly, simply asked him to send something in writing, yada yada yada. He said there would be no time for anything to come in the mail as I would be hearing from the court first......Ya RIGHT! THAT didn't happen!

What a mess these people are! And I thought I was a mess, HA!

[unusualsuspect]

Fax it to Marval... 716-923-7409.

That will probably light a fire under them... I'd send them something about masquerading as other companies in an attempt to deceive and misrepresenting the status of a debt - which are both a violation of the FDCPA.

File a complaint w/ the AZ DFI for unlicensed debt collection also. This could result in a civil money penalty against them.

///

Found out Marval & Associates, LLC is incorporated in Delaware and operating w/o registering and paying NY State taxes (some leverage there- inform NY Dept of Revenue and NY Sec of State)... their registered agent in Delaware is:

BUSINESS FILINGS INCORPORATED
108 WEST 13TH STREET
WILMINGTON, DE 19801

You do have the option of sending the registered agent CMRR correspondence as well, as many courts will consider it "received" by the business.

///

Let's recap the violations WRT Marval/Jacobson/EMG:

3x Threat of wage garnishment w/o judgment;

2x Misrepresenting the name of the collection agency;

3x Misrepresenting that the debt is in court;

3x making robo-calls;


Total of 11 violation for which I would file 11 separate lawsuits.

///

EMG Associates is a telecom consultant in Denver, CO... I'd consider giving them a call too - just to let EMG know what's going on.

[willingtocope]

Originally Posted by deep-n-debt

....This office has been retained by CACH, LLC to collect the balance shown above. CACH LLC purchased your obligation from care credit.......

Ok, so basically CACH LLC is the CA for Care Credit. This attorney's office has been "retained' to collect the debt I owe care credit. The attorney's office admits that their client has CACH LLC, "purchased the obligation". Which still does not validate to me that I owe cach LLC, nor this attorney's office.

Just to be sure you know what you're fighting. CACH LLC is NOT the CA for Care Credit. CACH LLC is a junk debt buyer. They bought the debt. CAs don't buy debts...JDBs buy debts. The lawyer is a CA collecting for CACH.

I point this out because you deal with JDBs differently than with OCs. If they should sue you, be certain to dispute any "acccount stated" affadavits...and make them prove chain of custody.

unusualsuspect is right that they're stalling. JDBs seldom get enough information when they buy the debt to stand up in a court of law, if you choose to confront them.

[deep-n-debt]

Unusualsuspect: You amaze me with what you come up with! I'm going for it. I am going to type up their phone messages that I have quoted here a couple of times, into a transcript, in case I need to point those out later....in court. Also, what is CMRR?

Willingtocope:
"The lawyer is a CA collecting for CACH".

So Bronson & Migliaccio is the Collection agency for the Junk debt buyer?? Well if the JDB barely has a leg to stand on then B&M is even further removed.

oh boy....

This gets so convoluted sometimes, that it can really be confusing at times. I'm still new at all of this, but learning lots as I go.