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. :)

July 2008    Christopher R. DeLoney   Address:  421 East Airport Freeway Suite 115  Irving, TX 75062
Another bottom dweller on the payroll.  Just want to return the favor this anus did for me!

June 2008     CACH, LLC, one of the "Collect America" junk debt purchasers, has been trying to sue me for over 2 years via their "attorney" in Oregon who in my opinion, is incompetent. Yes, Daniel N. Gordon of Daniel N. Gordon PC of Eugene, OR has stalled, lied, made several errors with court documents and finally...quit! Yes! After my getting after him for all of his flubs, which included a comment that I perceived as a threat of bodily harm if I didn't pay the alleged debt, he withdrew as counsel for CACH, LLC in this matter. He "handed" this case over to a large law firm in Portland, OR that he said would eat me alive..l ol. This withdraw came about as the result of him not showing up for a case management hearing with the judge, after I filed a counter claim for $150,000 for all the harassment and grief this man had caused myself and my family.

The new "firm" that is handling this case that's been in the court system for over 2 years, seems to be more on the ball, but their communication and documentation is still in error. Why am I handling this myself you ask? Simple...I couldn't afford an attorney and having dealt with shady debt collection agencies before (and won), I took on the case Pro Se. I'll update after the trial which is set for July 9th, 2008. :)

It's time that the people fought back against these horrid corporations that buy "junk debt" just for investment purposes so that they can make their millions or billions of dollars on the backs of hard working citizens who may have fallen on hard times or just simply have wrong information on their accounts and don't owe anything. It's not wise to just lay down and let a "default judgment" get entered against you if you "ignore" the lawsuit. Fight them with all you've got if you're in the right. They don't need another corporate jet, 50' yacht or a multi-million dollar mansion on your dime.

June 2008    Here is another collector for CACH, LLC:  Martin and Seibert, LC  1453 Winchester Avenue
Martinsburg, WV. 25402

April 2008    I received a notice from the IRS that CACV of Colorado, LLC issued a 1099-c Cancellation of Debt form in the amount of $5413.00. I did settle on an amount that we owed to Fleet Bank through the Law Offices of D. Michael Dendy. My rep in that office was name Mr. Van Winkle. I am familiar with tax laws and asked Mr. Van Winkle specifically if we would be issued a 1099C form. He said absolutely not. Once we receive payment we consider the matter closed. I never received a 1099-C form from the company but evidently they sent one to the IRS. Now I owe $1243.00 in tax and penalty to the IRS. These companies will tell you exactly what you want to hear to get what they want then they screw you over.

2007    In Dec. 2001, i owed a balance to MBNA of $16,422.I had perfect credit, until I got sick. I tried making payments but the interest was 23% and of a $350 payment, $258 was interest. Because I was ill I could not continue making payments and I let the card go...in time...it was charged-off by MBNA and eventually ended up being owned by CACV of Colorado. They sued me through the National Arbitration Forum and on Jan. 7, 2005 were given an award of $30,373.56. This amount awarded was almost double the original debt. Now today they are threatening foreclosure on the judgment they have leined my property in California. I was never given any explanation as to how the amount could possibly be double what I originally owed. Now that it is Oct. 2007, they are threatening to start foreclosure. This is a very nasty situation; CACV is relentless and will not even consider any other settlement. Please...beware of this evil corporation.

2007   I am entering the final stages of a collection process started against me in 2002. It involves two MBNA accounts, and alot of "unauthorized" charges which in turn created a snowball of other charges. MBNA put "late fees", "over-the-limit fees", as well as "insurance" in huge amounts, even after I contacted them telling them that I had already card coverage from another provider, and did not want theirs. ( I realize that their contract may have had a "provision" for balances falling within the category they now had mine in. However, this categorization was a direct result of them implementing fees that weren't justified, due to the fact that I hadn't made the charges that created the balance in question. I tried calling and finally wrote a letter to MBNA, telling them I didn't make these charges. They had told me during phone conversations that they would allow any further charges, of which the charges did finally stop. However the next correspondence I got from them was their efforts to lock me into a payment program that would have me paying on the balance that was in dispute. It was after they received the letter ( they may have even crossed in the mail) they "charged-off" the debt. Then very soon after this, I received a collection letter from a "Daniel Gordon, PC" who said he had been retained by CACV of Colorado to collect a debt.

I received calls at all times of the day, night, and before school ( i had children at that time at home)/ work. My life became so disrupted, that I couldn't keep up with all the facts being thrown at me. A "Scott Lowry" would also call and trick my children by saying "is your Mommy there?", and lying to them saying he was someone else, calling for another reason> He used profanity and unmentionable attitudes with all of us! OK So beside that point....as you are probably already guessing, The next step was me receiving a letter from the "national Arbitration Forum" stating that a judgment had been awarded to CACV, LLC for $20,837.00. So then I went and hired an attorney here in the town I live in. I gave him anything I had involving this dispute to be, and he took it from there. He was successful in getting the Arbitration Award vacated from the courts, and did this using a defense of "conflict of Interest, bias, as well as fraudulent tactics in collecting. So then he told me we "had" to answer discovery questions posed by now another atty who the case had been forwarded to, also hired by CACV. At that time it was a brand new case number. So now on Nov 23 2004, a new case was filed. Since that time I have done all that my atty has asked, and we have gotten to the point of a Case management conference, of which I attended last week. When I was asked if I would settle this debt for $7500.00, I said "No" because I didn't owe anything. So then the Judge who heard the case said we both needed to prepare for trial. Gave us instructions, and a deadline of the 12th of Oct, 2007. Today is the 11th. The law office of the 5th attorney handling this matter, also for CACV,LLC, called me this morning, and said "we need to see if we can settle this before it turns into a "judgment", as they won't settle for any amount after that." I once again told them that I didn't owe the debt, as I never authorized the charges. She asked if I had a police repot, and I told her that I had any needed evidence to settle this in court.

2007   Just another name to add to your Collect America list of "rent a lawyer" dba's

Law Office of David Sean Dufeck    2650 Camino Del Rio North Suite 203   San Diego CA 92108

The address is the same as was previously used for Russell Davis, with a different suite number.

2007   I've been following your comments for a year and have done everything as you suggested. Unfortunately, like many others, the Claimant (CACV of Colorado) and the National Arbitration Forum have ignored all our letters and responses. They were recently issued an award by some judge for the amount that WAS actually due on the MBNA card vs what CACV was saying we owed. About 1/2 what they have attempted to claim over the years. Yes, the SOL had run out, yes, we sent all the right letters and all were ignored. Now, with Award in hand, what will they do? If we are willing to pay the award, do I wait for them to formally request it, will they move to levy and lien in California where I live??

Thanks for all you are doing... you are the only one out there that gets this stuff.  (Just because we instruct people to hold to the letter of the law doesn't mean the big companies will also stay honest in their dealings.  Who's the judge/arbitrator who awarded the judgment on a time-barred debt?  Perhaps he should be reported to the State bar for unethical practices.  Here's a new site in the beginning stages you might wish to look over... www.arbitrationjustice.com   As for the award - they now have to convert it to a judgment and they may have a year to do so, depending on your local laws.  Consult a naca.net attorney for advice.)

2007    Well. I went to court June 3, 2007. Being sued by their local attorney. I ask for proof they actually owned the debt of $1,104. It took them by surprise. The judge asked their lawyer for proof. They had none. The judge then ask me If I owe any money to them. I told them I did owe $600.00 to the credit card company , not the amount they where claiming. The judge told me I would get a decision in the mail. I did get one about a week later. They where awarded $600.00 plus court cost and interest of $76.00. I had 30 days to pay the amount. I sent a certified check to the plaintiff in Colorado only to have it return with no such address.  When I went back to court on 7-17 for the follow up, not before a judge , just a court clerk. I explained I sent it certified and it was returned. She told me that i should of mailed it to the attorney. I explained that the court papers stated "mail to the plaintiff" and not the plaintiffs lawyer. So I gave the certified check to the their lawyer that day. So far I have received two letters demanding the rest of the money and receive about a phone call a week from their local branch in Worcster Mass. I went to the local court house clerks office and explained what they been doing. The fact that they are trying to collect more than judgment. Also they did not fill the papers to drop the case. She told me that I should contact the attorney general and she would send them a letter explaining that they need to submit that the judgment was fulfilled. AS of 09-03. Nothing has been done. Also, I like to add when I was in court, there were about 15 people they where suing. Before court, their lawyer asked everyone to go outside. He tried to get everyone to sign payment arrangements. I did neither. It was sad, How many people did and how scared they were.

2007     CACV (along with H. Sheer)   Received a demand letter in Jan. 07 from CACV of Colorado. The debt is bogus and I sent a verification letter only to have them ignore it and move to arbitration. I informed NAF I was disputing the debt and did not agree to arbitration and was still waiting for verification. It never came. I then received a letter from NAF saying I did not comply with the rules and they were waiting for a response. The response had been sent IE I do not owe the money and I want proof of the debt. So they ruled in favor of CACV. I was then sent a letter from H. Sheer demanding payment or he would file a suit. I sent him the demand for verification but got nothing back. On Friday I was served with papers. I have all my certified receipts from demand letters as well as the letters documenting the hassle these people have caused me. In my answer I have countered for $3000.00 in damages. I still have no verification of the debt and have no intention of letting them win by default. They have screwed with the wrong person this time.

2007   Hello everyone. I missed a court date with this hideous company and a Judgment was made against me. After several months, I filed a Motion To Vacate the Judgment and WON! I filed this after receiving Sheriff's notices to appear in court and pay these awful people. It is a very simple thing to do, no lawyer needed and provides a second chance to fight these blood suckers. I won because they never showed up for the hearing. The notorious Cambece Law Firm, representing THEIR interests is infamous in the Massachusetts Court systems and I found my local Court House to be very helpful. The folks in the Clerk's Office actually congratulated me. Using The Motion To Vacate A Judgment is an extremely valuable tool to use. Please pass this information on Bud!!!

2007   Financial Recovery Services   I received a letter from Financial Recovery Services, Inc. on March 21, 2007 stating that their client is CACV of Colorado and I owe $9700.00 but would settle for half that amount. I sent a letter back requesting validation (certified mail). I also sent this to the Attorney General in Minnesota (address for FRS). I received a response back from the AG of Minnesota on April 11, 2007 with an address for my state to contact, but they would go ahead and contact FRS anyway. I received another letter from them on April 24,2007 with a response from Financial Recovery Services to them that would request validation from CACV of Colorado with no further contact until they receive the validation. Then, I received a debt collection letter on May 11, 2007 from Bronson & Migliaccio, LLP representing their "client" CACV of Colorado for the same debt in the amount of $10,664.00 (it went up now). They "DEMANDED" payment in full. I sent them another letter requesting validation and indicated that it seems that CACV of Colorado is "double dipping". I also sent ALL information back to the AG in Minnesota, AG in Texas, AG in NY, AG in Colorado and the Federal Trade Commission. Waiting to hear back.

2007   Melissa A. Ferris, Attorney  This attorney, located in Orlando, Florida, has filed over 340 lawsuits on behalf of CACV and CACH in Broward County, Florida since 2002. She has filed over 180 in Palm Beach County, Florida for the same collections agencies since 2002. I have hired an attorney.

2007   Tell me if I have screwed up here. I know that a process server is attempting to find me for the second time without success. I checked public records to find that it is Gamache & Myers/CACV trying to serve me for a court date in May. I wrote Gamache and Myers requesting discovery on the following:

Signed contract creating this relationship  An itemized bill of all charges if any
Proof of any communication prior to lawsuit (I have never had a phone call or letter from these companies, ever)
And any discovery would be helpful so that I can seek proper legal assistance asking for it in 30 days to prepare for a court date if any I sent the letter January 20, 2007 certified mail.

On March 20 after not hearing from them for 60 days I then resubmitted the letter with another stating that the first letter was ignored and asked for more evidence and or documentation. I sent the letter certified to Gamache & Myers in St Louis, CACV headquarters and the circuit county judge of Kansas City who is listed in public records to handle this case.

In checking my credit report the only thing I see is a chase credit card that was closed in 2000 and written off and closed. 7 years past. Unless they have an actual written contract the SOL is 10 yrs for that and revolving credit established is 5 yrs SOL for missouri.
Have I done the right thing or exposed myself too much. I would not even give them the default judgement they are hoping to get but have not yet been served with the summons for the May court date. I did not aknowledge that I know of this court date in the letters

2007   I have a default judgment filed against me with a BANKONE/CHASE Card that they purchased from Chase when they took over the account. They have an affidavit on file from Chase where they purchased the debt for 3200.00 dollars which is the total amount on the card. I was not smart enough at the time to fight it and do it properly. I have now had to file interrogatives back to them. I am judgment proof I have no assets. It is just upsetting to have to fight these guys when the court system should not even allow them into the court room on THIRD PARTY DEBT.

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