Debt collector will pay your debt if you and your husband sleep with him

**thequeenofsorrow** · August 19th, 2009, 02:37 PM

ALBANY, N.Y. --

New York's attorney general said Tuesday he is trying to shut down a debt collector whose employees used outrageous tactics in several states, such as threatening to sexually attack one debtor's daughter, berating people as drunks and deadbeats, and bullying others with threats of arrest.

Attorney General Andrew Cuomo announced the lawsuit against the Benning-Smith Group for what he claims are more than 1,000 violations of state and federal law in New York alone. He said his staff also has spoken to people from Pennsylvania, Georgia, North Carolina and Texas who claim they were victims.

Cuomo said he is chasing more than 850 complaints and is suing at least 13 debt-collection companies with separate names operated under the Benning-Smith Group.

"They did everything they could to demean and humiliate their targets, stooping so low as to sexually harass and verbally abuse individuals nationwide," Cuomo said.

In an answering machine tape that Cuomo provided to the Associated Press, an unidentified collection agent told a New York grandmother of seven in 2006: "You are totally ghetto. ... Learn English; get an education instead of just sitting on your fat derrière all day long."

The caller then insulted her pronunciation of "plan" and called her an "uneducated reject. ... Get a real job, get an education and learn to take care of your responsibility like a grown adult would."

The call was over a $182 debt that the woman, 50-year-old Dorothy Gilbert, of Rochester, had paid more than a year before.

"I know I didn't sleep for a couple of nights," Gilbert told the AP on Tuesday. "What if it was a person who couldn't take that kind of talk? Or someone with a bad heart or mentally imbalanced or very depressed? Then you could be looking at murder."

Gilbert said she still keeps the receipt for the paid debt under her mattress, just in case.

Cuomo spokesman Richard Bamberger said the office hopes to shut down the operation so it can determine how many states in which the company operated. Cuomo is working with the Federal Trade Commission and Better Business Bureau, which also received complaints, he said.

One collector repeated the name of a consumer's daughter and described sexual attacks he would commit against her unless a debt was paid, Cuomo said. Other collectors called consumers drunks, deadbeats and in one case a lowlife piece of trash; one allegedly told a woman he would pay the debt himself if the consumer and her husband would have sex with him, the attorney general said.

An attorney for the Benning-Smith Group didn't respond to a request for comment. The company operators didn't respond to requests for comment left at one of the companies, Brady & Caruso in the Buffalo suburb of Amherst.

In June, Cuomo obtained a court order shutting down the fraudulent activities of a Buffalo-based collection racket and initiated criminal charges against the owner of that operation.

He has shut down two other debt-collection agencies and is suing two others for collection practices and what he said were unkept promises in debt-repayment plans.

Cuomo said the Benning-Smith Group operates as Abrams, Burke & Associates; Benning and Smith Acquisitions; Brady and Caruso; DebtPayments.com; Fredericks, Goldstein & Zoe; Graham, Noble & Associates Bookkeeping; Graham, Noble & Associates LLC; Graham, Beagle & Associates LLC; Kingman, Cole and Associates LCC; Marshall and Ziolkowski Enterprise LLC; Marshall Ziolkowski Acquisitions LLC; Lansky, Goldstein, Zoe; OLS Payment Services and University Debt Collection.

http://www.delawareonline.com/articl...NESS/908190313

Cuz you know people just don't feel like paying bills... NOT
It's not like the economy is great or anything

**Lavonna** · August 19th, 2009, 02:44 PM

Dang, I have never heard of debt collectors talking like that.. too bad they can't kick their asses :-)
threatening to abuse my child sexually is enough to make me want to hunt someone down and throw an ass whopping on them they would never forget. Fricking stupid morons

**DogMom** · August 19th, 2009, 03:03 PM

This is pretty much common place for debt collectors. These are "junk debt buyers". Low life bottom feeder collection agencies that buy old debts for pennies on the dollar amount of the original debt. A lot of these *debts* come from companies that kept extremely poor records. As in, a lot of them were paid off long ago. Just Google "abusive debt collection" and you'll have more than you can read in 48 hours.

Most people don't know their rights and the laws regarding debt collection (FDCPA).

**biteme** · August 19th, 2009, 03:10 PM

I hear the latest scam is companies getting the names of people behind on payment and calling and threatening them trying to collect, if they can get people to send them payment, they than contact the back and make arraignments to payoff the credit card or whatever loan at a reduced rate keeping the deference. This is done by the collection company without the bank initiating anything, they get people to believe the account was forwarded to them to collect from the bank, not true

**DogMom** · August 19th, 2009, 03:19 PM

In an answering machine tape that Cuomo provided to the Associated Press, an unidentified collection agent told a New York grandmother of seven in 2006: "You are totally ghetto. ... Learn English; get an education instead of just sitting on your fat derrière all day long."

At this article, you can listen to that recording.

AG releases recording of abusive debt collector, files suit. Listen to the call.

http://www.lohud.com/article/2009081...en-to-the-call.

Halfway through the article, you can click on Listen to the abusive call.

**ImmortalOne** · August 19th, 2009, 04:25 PM

Wow... I am starting to get calls... Most of mine are medical bills though... They hate me, because when they call I tell them they can't get blood from a rock and there is no way I will pay a debt before taking care of immediate needs. *Shrug* I hate being unemployed right now, but hey! I have 2 interviews this week! *Crosses fingers*

**jenthgr8** · August 19th, 2009, 04:49 PM

I spent 13 years as a collections representative. With 2 exceptions, I worked doing in-house collections for major auto finance companies. My experiences with the two smaller, second and third placement agencies (agencies that have bought old debts from other companies) were awful. They completely disregarded the FDCPA and encouraged their employees to be threatening and harassing. Even at the legitimate companies, I watched in fascinated horror as my coworkers toed the line of illegal harassment and just flat out rudeness. I never understood it. This story is a frightening example of why the FDCPA is neccessary in the first place.

**McQuest** · August 19th, 2009, 04:54 PM

I've been getting calls from a few of them also. I've been in a bad route financially as of late. I'm just now starting to answer the phone for the smaller ones and pay them off. you can talk them down at least 60% off of the original purchase if you can get that amount all at once. If you want to make payments they won't work with you.
www.800notes.com has a lot of good articles on these type of companies. You can put in phone numbers that come across your caller ID and see if it's someone you want to talk to yet.
I've yet to come across any of these types though, the ones I've dealt with so far have been professional sounding people. But there are definatly some shady people in that business.
Most of them are people making no more than me, and probably have bad debts of their own. Their lives didn't pan out how they wanted them to and now they are debt collectors. On one hand I feel for them because they probably get a lot of people being shitty to them and lying to them all day, on the other hand I wish they'd leave me alone until I have the money.
If I really wanted to not pay my debts I qualified and could have declared bankruptcy a long time ago. Now that I've gotten some paid off I don't qualify anymore.

**McQuest** · August 19th, 2009, 04:57 PM

Originally Posted by biteme

I hear the latest scam is companies getting the names of people behind on payment and calling and threatening them trying to collect, if they can get people to send them payment, they than contact the back and make arraignments to payoff the credit card or whatever loan at a reduced rate keeping the deference. This is done by the collection company without the bank initiating anything, they get people to believe the account was forwarded to them to collect from the bank, not true

this is true. If you are getting called by any type of debt collector, always call the original company you had the debt with first to make sure that they in fact sold the debt.
It is always better to deal with the original company if it is still possible.
you can still talk them down on the amount and they will work with you on payment rather than wanting it all now.

**McQuest** · August 19th, 2009, 05:23 PM

another scare tactic they like to use is referring to themselves as Law Offices.
They will pay a lawyer to keep an office in their building that he's probably never seen. So basically somewhere in the building there is an empty room with said lawyers name on the door. This way they can trick you into believing the original debtor has filed papers with their lawyers to take you to court.
There is a limit to the amount of claims they can file per year in each state, really unless your talking $5,000.00 or more for one debt, they will probably not file claims in any court, just bug you non-stop.

**Dneilz** · August 19th, 2009, 05:36 PM

My concern is that they can freeze a persons checking account and take the money. Does anyone know how this process works and if you know before they freeze it? I am planning on filing bankruptcy because there is no way I can pay the debt I owe when my husband isn't working. WE are in wonderful Michigan, which has the highest unemployment rate (or is in the top 5 states). I never would have thought I would ever have to file, but it sure looks like I have no choice. I feel stalked by the debt collectors. They call my home and cell constantly. It sucks!

**totallytoddler** · August 19th, 2009, 06:31 PM

Originally Posted by Dneilz

My concern is that they can freeze a persons checking account and take the money. Does anyone know how this process works and if you know before they freeze it? I am planning on filing bankruptcy because there is no way I can pay the debt I owe when my husband isn't working. WE are in wonderful Michigan, which has the highest unemployment rate (or is in the top 5 states). I never would have thought I would ever have to file, but it sure looks like I have no choice. I feel stalked by the debt collectors. They call my home and cell constantly. It sucks!

I would remove the money from your account if you are worried. Now...unless you have a credit card through the bank you have your checking and savings with......they cannot touch it.

Your bank can freeze your account if you owe them though. Filing BK...will protect you...I suggest you do it soon...the calls will immediately stop.

**jenthgr8** · August 19th, 2009, 06:33 PM

Originally Posted by Dneilz

My concern is that they can freeze a persons checking account and take the money. Does anyone know how this process works and if you know before they freeze it? I am planning on filing bankruptcy because there is no way I can pay the debt I owe when my husband isn't working. WE are in wonderful Michigan, which has the highest unemployment rate (or is in the top 5 states). I never would have thought I would ever have to file, but it sure looks like I have no choice. I feel stalked by the debt collectors. They call my home and cell constantly. It sucks!

I've never heard of this happening (that doesn't mean it doesn't.) I do know they can file a lien against your property (depending on how high your debt is, if it is a small amount it may cost them more in legal fees than it's worth). I believe your lender can also get a judgement against you which could result ina a garnishment of your wages, but again, that's a long and expensive legal process, and for most companies it isn't worth the time or effort. Again, my experience is mostly in the realm of auto finance, but I also spent time working for a company that finances boats and recreational vehicles. They wouldn't even consider going legal unless the debt was over $100k, and then they had to verify that the debtor had an asset (home, property, etc) of some value before proceeding.

**Just my luck sucks** · August 19th, 2009, 06:45 PM

Debt collector will pay your debt if you and your husband sleep with him

It makes me wonder how much the guy was willing to pay, and if any "clients" ever took him up on the offer.

I know, I'm weird.

**biteme** · August 19th, 2009, 06:47 PM

Originally Posted by Dneilz

My concern is that they can freeze a persons checking account and take the money. Does anyone know how this process works and if you know before they freeze it? I am planning on filing bankruptcy because there is no way I can pay the debt I owe when my husband isn't working. WE are in wonderful Michigan, which has the highest unemployment rate (or is in the top 5 states). I never would have thought I would ever have to file, but it sure looks like I have no choice. I feel stalked by the debt collectors. They call my home and cell constantly. It sucks!

The IRS can freeze not collection companies
hope things improve for you
good luck

**DogMom** · August 19th, 2009, 09:08 PM

Originally Posted by Just my luck sucks

It makes me wonder how much the guy was willing to pay, and if any "clients" ever took him up on the offer.

I was wondering the same thing. What if you said YES! We would! Arrange the time and place!!

And show up with a couple of strong arms and beat the crap outa him.

**thequeenofsorrow** · August 19th, 2009, 09:23 PM

Too bad all these people in the article didn't know that the collection agency has to stop calling you if you send a letter to their correspondence (not billing) address or by fax (works quicker) and tell them they can only contact you by mail. Geez people simple cease and desist letter and no more calls.
I guess that's not common knowledge though. I only know it from working at a credit card company and an auto finance company.

good example right here

http://credit.about.com/od/debtcolle...eanddesist.htm

and send it certified mail. it works we had a whole queue of people we couldn't call.

**ImmortalOne** · August 19th, 2009, 09:33 PM

Oh, if any of you EVER come across a Debtor called "Asset Acceptance". These guys WILL take you to court (and not notify you of it, or the judgement) then they WILL Garnish your wages... for anything over $10.00 - Literally.

**DogMom** · August 19th, 2009, 10:03 PM

Originally Posted by Dneilz

They call my home and cell constantly. It sucks!

Here's a nifty little trick I read about. Buy an Air Horn. Next time one of them calls blast the air horn into the receiver. It will burst an eardrum. They won't call back.

**jenthgr8** · August 20th, 2009, 01:38 PM

Originally Posted by thequeenofsorrow

Too bad all these people in the article didn't know that the collection agency has to stop calling you if you send a letter to their correspondence (not billing) address or by fax (works quicker) and tell them they can only contact you by mail. Geez people simple cease and desist letter and no more calls.
I guess that's not common knowledge though. I only know it from working at a credit card company and an auto finance company.

good example right here

http://credit.about.com/od/debtcolle...eanddesist.htm

and send it certified mail. it works we had a whole queue of people we couldn't call.

This totally works, however, sometimes it backfires. At Hyundai Motor Finance, when they have an account flagged for no contact with a cease and desist letter, if the account goes late it is automatically submitted for repossession at 30 days past due (otherwise they wait til 60 days past due, or 3 payments owed). Basically, the cease and desist order means they can;t contact you for any reason - so you're not notified of whatever action said company takes against you other than by mail. In my experience, many people who are late on their bills no longer bother reading the correspondence from these companies (why bother if you can't pay, right?) and are often unpleasantly surprised.

Also, FYI, under the law, if they're callling you at work and you tell them not to, they can't. Period.

**moonlilly1981** · August 20th, 2009, 02:08 PM

I have also learned that if you take and send them what you can a month even if its only 20 dollars they have to take it. I had one company refuse to take the fifty a month I offered them years ago for a medical bill. I never had to pay it because they refused payment.

**thequeenofsorrow** · August 20th, 2009, 02:38 PM

Originally Posted by jenthgr8

T At Hyundai Motor Finance, when they have an account flagged for no contact with a cease and desist letter, if the account goes late it is automatically submitted for repossession at 30 days past due (otherwise they wait til 60 days past due, or 3 payments owed). Basically, the cease and desist order means they can;t contact you for any reason - so you're not notified of whatever action said company takes against you other than by mail. In my experience, many people who are late on their bills no longer bother reading the correspondence from these companies (why bother if you can't pay, right?) and are often unpleasantly surprised.

Also, FYI, under the law, if they're callling you at work and you tell them not to, they can't. Period.

Good point. I worked at Honda Finance and I worked the bankruptcy accounts. You knwo how you can't send a statement anymore under ch 7 if you wanna keep the car. You just have to keep it current. Well people wouldn't get a statement since that's asking for money and then they'd go past due and get repossessed and call and cuss someone out. LOL. The credit card company was a whole different thing....