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|Complaint Type||Total Closed Complaints|
|Problems with Product/Service||0|
|Total Closed Complaints||3|
Customer Reviews Summary Read customer reviews
|Customer Experience||Total Customer Reviews|
|Total Customer Reviews||0|
Type of Entity
Business ManagementMs. Donna Kelley, Partner Ms. Pat Wallace, Partner
Alternate Business NamesCMR
1805 N Fine Ave Ste 105
Fresno, CA 93727 (559) 454-8900 Directions
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Read Complaint Details
Complaint: Multiple FDCP Violations, Extreme Phone Harassment (Sec.2.9 S.1), Threats (Sec 2.9 S.2), Attempt to collect un-related fees (Sec 2.6, S.2). Multiple FDCP (Fair Debt Collections Practices) Violations, Extreme Phone Harassment (ART 2.9 Sec.1), Unlawful Threats (ART 2.9 Sec.2), Attempt to collect un-related fees (ART 2.6, Sec.2, B-3). CMR has bad business practices that violate several FDCP regulations. I Received approx 15 phone-calls/voicemail's per month from them for several months (Violation for Harassment by Phone as defined in the FDCP Summary, Article 2.9 Section 1). They openly admit to calling "countless times". After asking them to stop they still continued (also a violation). Unlawful threats to Increase the charges if I did not pay immediately (Violation for Unlawful Threats as defined in the FDCP Summary, Article 2.8 Section 2) They lied to me stating my Principal amount was (approx) $300 higher than it actually was, then it jumped another (approx) $800 in 1 week. Attempt to Collect unrelated debts/fees. Moderately rolled into the last paragraph, telling me that the fees would continue to rise if I did not pay it immediately. (Violation for Unfair Collection Practices as defined in the FDCP Summary, Article 2.6 Section 2, Bulletin 3) This violation included them trying to collect Service charges, interest, court fees and attorney's fees (this was expressed to me on the phone that I would be liable) even though I hadn't been properly served (or served at all, for that matter). On top of the violations, they were starting in infringe on privacy rights by asking me highly personal questions that had no correlation to the debt they were trying to collect. Based on the information above, my attorney (who specializes in debtor/creditor & bankruptcy law) actually advised me to sue CMR based on these severe FDCP violations and was certain for a successful win for a counter-suit. I, on the other hand, went directly to the ORIGINAL CREDITOR and settled it for the ORIGINAL PRINCIPAL amount that was $1,000 LESS than what CMR Inc. was attempting to collect from me. The representative's name was ***** (do not recall or care to recall the last name).
Desired Settlement: They need to monitor how their employees handle themselves. Even though they are a debt collection agency trying to "squeeze money" out of people, they could do it in a more appropriate manner and LEGALLY. If for some reason they ever need to contact me again (god forbid), they need to abide by the laws and conduct their business appropriate light.
Business Response: Initial Business Response /* (1000, 5, 2016/03/30) */ We did not violate any FDCPA regulations during our collection activity for the account owed by *** *******. Our written records show the following: Only one call was made in which we talked to Mr. ******* and that was on 10-25-15. He asked if he could call us after he returned from a surgical procedure, we agreed. When he did not contact us, we left three call back messages from October 30, 2015 through December 7, 2015 with no response from him. We then provided written notification of our intent to proceed with legal action and provided the appropriate notice of the additional legal costs (this notice is not a threat and is, in fact, required by law). We did file legal action, we did incur additional costs as a result of that action. Mr. ******* did call our attorney during the litigation and offered to settle the balance for less than what was owed. We declined to accept his offer and gave him the total amount he needed to pay to have the case dismissed. He said he would call us back. However, instead of calling us back he avoided paying the legal fees by contacting the original creditor directly. The original creditor was unaware of the pending legal action and fees we had incurred and they accepted his payment for less than what was owed. We have a contract with the creditor that covers such matters and does not involve Mr. ******* in any way. There were no FDCPA violations during this collection process. Initial Consumer Rebuttal /* (3000, 7, 2016/03/31) */ (The consumer indicated he/she DID NOT accept the response from the business.) It states in the FDCPA that you cannot recover any other money up and above the original amount and it specifically says these "additional amounts" INCLUDE "...attorneys fees, court costs, interest.." ect. unless it is lawfully implied. I was not served. Therefore, I am not applicable to these fees. If you had properly served me - then I would have had to pay them. I guess your process servers are incompetent at their job. I was told that the fees would rise EVEN IF I made a payment. THAT IS A VIOLATION. I also did call back the DAY that I was told about the "additional fees" (3/16/16) and left a voicemail on *****'s DIRECT LINE and asked her to call me back so I could pay CMR (WITH CASH IN PERSON!). I received NO CALL BACK within 48 hours. I assumed that you weren't interested in taking my money so I called the original creditor directly to handle it. I SPOKE TO THE DISTRICT MANAGER (not some sales person that didn't know what was happening with my account), told her about my previous conversation with the CMR rep, *****, and how she told me they had already filed against me. The D.M. told me that if I came in and paid the original balance ($1,000 lower than CMR) then she would make sure that CMR would drop the case since the debt was going to be satisfied. She was QUITE aware of the situation at the time (again, CMR is lying). I HAVE A LETTER FROM THEM STATING THIS IF CMR WOULD LIKE TO CONTINUE THEIR SUIT AGAINST ME. I WELCOME IT. It is quite clear that CMR has bad business practices and continues to lie about it (I've read thru other complaints) and this is the typical response that that give. Always someone else's fault and never theirs (again, typical debt collection company run-around). And of course they do not address the infringement of privacy by asking me several personal questions about myself, my family, who pays for what in my family and several questions about my 16 month old son and my sons mother (both of which are not connected to this debt collection). UNACCEPTABLE. Final Business Response /* (4000, 9, 2016/04/11) */ Addressing the issues of interest and attorney fees - CA law allows for pre-judgment interest to be charged at the same rate as the original client's interest rate. Attorney fees are allowed in the contract Mr. ******* signed with the original creditor. There was no FDCPA violation. The original creditor (Rogers Jewelers) and our client (All Cal Collection Services) have both confirmed Mr. ******* paid the debt. We have no reason or intentions of continuing any lawsuit. The questions that Mr. ******* considered an invasion of privacy were made during a phone conversation on March 16, 2016 when our collector, *****, called Mr. ******* in response to his call to our attorney's office. Our attorney had informed him that someone from CMR would be returning his call. In that call with *****, he told her he could only pay $2500 toward the total debt. It is *****'s job to get enough information to determine if that is an agreeable settlement amount. At anytime Mr. ******* could have refused to answer her questions. Once ***** obtained enough information she was able to make a counter offer to accept $4087.07 and stop the pending legal action. Mr. ******* said he would "see if I can raise that" and asked if it would be "up to $5,000 when I call on Friday". ***** informed him there would be no further increase; payment of $4087.07 by Friday the 18th would pay in full and stop the legal action. On Friday March 18th, we received the call from our client, All Cal, to inform us that their client Rogers had accepted a lesser amount to pay the debt in full. The debt is paid in full as far as Mr. ******* is concerned and we are reporting it paid in full to credit reporting agencies.
Read Complaint Details
Complaint: CMR refuses to provide verification that the debt is valid. They ignore all of my calls and written correspondence so they can pursue litigation. I received a call on April 1st claiming I owe GSF Properties. I told the rep on the phone that the debt is in dispute and there is a BBB complaint. I told her "This is an invalid debt. You shouldn't even be calling me." The rep interpreted that to mean "Don't call me again." This was how she justified not returning my calls, even though I specifically said call back. This is how she justified not responding to my written disputes which she conveniently has no record of. She acknowledges that I disputed the debt more than once. She even admitted to changing the credit report to disputed but is still adding interest and attempting to collect the debt without a ever acknowledging my dispute. Now I have received a letter with a $600 increase in the invalid debt with a clear threat of litigation even though their own records show that I have disputed the debt. Her excuse was that she didn't know what my specific dispute was, but refused to return my calls or respond to my written disputes. She wants me to send my dispute again at my expense rather than ask GSF to prove the debt. Under California law, she has to prove the debt is valid. I shouldn't have to send my dispute a fourth time because they can't seem to find it. They were aware before taking on the debt from GSF Properties that the debt was in dispute but pursued me anyway. This is illegal. When I tried to talk to the rep, she spoke over me. She was condescending and offensive because she was focused on going home at the end of the day. She even hung up on me. Bottom line, they admitted to pursuing a debt that was in dispute. They admitted to knowing that GSF Properties never contacted me even though they said they would. So they are violating California law by reporting on my credit and pursuing litigation for a debt they know to be invalid.
Desired Settlement: Removal of debt from my credit report.
Business Response: Initial Business Response /* (1000, 5, 2014/07/25) */ Contact Name and Title: ***** ****** Contact Phone: XXX-XXX-XXXX Contact Email: ******@cmrfresno.com Our standard validation notice with appropriate disclosures was mailed on X-XX-XX to this debtor, one day after the account was assigned to our agency for collection. In our first phone conversation, she told our collector she had an ongoing lawsuit against our client regarding this matter and "we should not even be contacting her". She did not request additional documentation. Under the FDCPA we are required not to make further contact with a debtor once we have been told not to do so. This debtor had filed a BBB complaint against our client which was resolved prior to the account being assigned to us. We researched and there is no other pending lawsuit. She did verbally dispute the charges and we are reporting the item to credit reporting agencies as " consumer disputed collection" as required by the FCRA. On July 15, 2014 she called our office and after a lengthy conversation with our collection manager, we asked that she put her issues in writing so we could discuss everything with our client and try to resolve her issues. She agreed but instead we received the current BBB complaint. We are sending her copies of the estimated moveout statement (sent within 21 days of her move out), the revised moveout statement, the itemized move in/move out condition report, all invoices supporting the charges, and pictures documenting the damages. When she agrees to rescind the "do not contact" notice, I will be happy to discuss any issue with her by phone or she can make an appointment to come into our office to discuss and review everything and hopefully we can resolve her issues. Initial Consumer Rebuttal /* (3000, 7, 2014/07/26) */ (The consumer indicated he/she DID NOT accept the response from the business.) CMR is in violation of California's debt collection law. They had 30 days to provide proof of the debt. They did not. They lied and said that I demanded no contact to try and get around the deadline. But they acknowledged I disputed the debt over 4 months ago. I sent 4 written disputes, one every month. They never returned a single phone call or responded to my letters. Each and every voice mail message and letter specifically requests a response from them, a request which they have chosen to ignore. Even they weren't lying, which they are, about being told not to contact me again, every subsequent letter and phone call says to contact me. So they pick and choose when they want to make contact. It took a BBB complaint to get someone to respond. I went to the apartment complex with all of this information. They told me "off the record", that this was a stall tactic that this company always uses to give GSF Properties time to come up with proof of a debt. The apartment that I moved out of has been re-rented. I moved out over a year and a half ago. The maintenance man told me that they took pictures of the new damages and copied over the new receipts from the new tenant to cover themselves. All of this information was included in writing and CMR has refused to respond. The BBB complaint against GSF Properties shows a resolved status only because the complex promised to contact me. But they didn't. CMR is trying to use that as proof that the dispute was resolved and that I owe the debt. It wasn't, and they have always been aware that GSF owes me money not the other way around. They claim they have proof of the debt but here we are over four months later and they haven't sent it to me. The reason is because they know as well as I do, that GSF Properties is lying and fabricating documentation. They know that I will be able to prove the debt to be invalid so they haven't sent a single shred of proof. They purposely misquoted me and made excuses for the manager not having returned a single call but the bottom line is still, they had 30 days to prove the debt. That deadline expired 4/27/14. Lying and fabricating false damage reports won't turn back the clock. They need to send this debt back to GSF properties. GSF Properties had 21 days to prove any damages and to return my deposit. They pretended to send the debt to an empty apartment but sent a collection letter to the correct address. This was no accident. When I brought this to their attention they waited more than 90 days to provide a move out statement, but only after I complained to the BBB. There were no receipts or photos. Now, a year and a half later, after a new tenant has moved in, there are receipts and pictures? This dispute is between me and GSF Properties. CMR is incapable of collecting on a false debt after knowingly and willingly violating California debt collection laws. The only resolution I will accept is CMR sending this debt back to GSF Properties to be resolved with me. Let GSF Properties and I go to court or mediation. If it is proven or if I agree to a debt, then CMR can collect based on that judgment. But as it stands, GSF Properties has not proven the debt they claim. CMR can take this opportunity to do the right thing or they can continue with their illegal practices on behalf of GSF Properties, a company with a long, proven track record of illegal practices. Final Consumer Response /* (4200, 11, 2014/08/07) */ (The consumer indicated he/she DID NOT accept the response from the business.) I welcome litigation. The documents received from CMR prove my case. California law states a final move out statement with receipts is due no later than 21 days after move out. Their own documentation shows that it wasn't mailed until 7/18/13, at least 45 days later. There was not a single receipt. There were reprints of invoices with no proof of payments and screen prints from shopping carts online. Many of the invoices were altered by hand. Many of the damages are listed in the move in statement but never fixed. It is illegal to charge a tenant for pre-existing damages. Other damages such as paint have been charged even though the lease specifically says it won't be charged after 2 years. CMR is ignoring the obvious. The debt is to be returned to GSF Properties as they are in violation of the landlord tenant law. GSF Properties did not pursue litigation because of the above. I will be ready with current tenants and former tenants as witnesses to these illegal practices. CMR can bring their altered documents and staged photos. Final Business Response /* (4000, 15, 2014/09/08) */ We are unable to resolve these issues through the BBB venue and will file legal action to adjudicate the issues in Court. In the meantime, we are reporting this item as disputed to credit reporting agencies, as we are required to do by law.
Read Complaint Details
Complaint: I contacted this company 3 times to send me debt validation with no response. I have sen 3 letters to COLLECTIBLES MANAGEMENT asking for debt validation on D2167 that is reporting on my credit report because I believe that they are reporting inaccurate, unverifiable and erroneous information. According to FDCPA Section 809(b) they are not allowed to pursue collection activity until the debt is validated. They did get at least one of my letters because they have updated the account to report "in dispute." According to the credit reports I have been getting from the credit reporting agencies, they state that they are verifying the information with COLLECTIBLES MANAGEMENT but they have ignored me and have not given any proof to me. I need your help to get them to remove the inaccurate data from my credit report.
Desired Settlement: Since COLLECTIBLES MANAGEMENT has refused to provide me validation on this account and they continue to violate Fair Debt Collection Practices Act laws, I request that this account be removed from my credit report.
Business Response: Initial Business Response /* (1000, 5, 2014/09/06) */ We received the consumer's written dispute on May 13, 2014 and validated the debt in a letter mailed to his home address on June 9, 2014. Enclosed with the letter were copies of the documents the consumer signed with our client when he obtained a loan, an itemized statement of charges and credits, and our phone number to reach a person who can discuss any further issues. He did not contact us and continued to process on-line disputes with credit reporting agencies, all of which we have answered. We are reporting the item disputed as required by law. We are mailing second copies of the June 9, 2014 letter and all the enclosed documents to validate this debt once again. We will mail this information to the consumer's home address shown in this complaint.