topic Re: CMB associates in Rebuilding Your Credit

CMB associates

gtnitright — Fri, 14 Mar 2014 15:57:15 GMT

I just received a call from this collection agency advising I owed a debt. I don't recall the debt do I asked for verification. He stated since I don't recall, he said I would recall once he sent documents to court then I would pay amount due plus court cost. What should I do? He said it was for a returned check.
I honestly don't recall this debt and I have changed banks since 2010.

I really don't want this to go to court so your thoughts are appreciated.

Re: CMB associates

RobertEG — Fri, 14 Mar 2014 16:18:23 GMT

By calling you, they have initated collection on the debt. That triggered their requirement to send you forma dunning notice within 5 days of that call.

In that notice, they must at least identify the amount of the asserted debt, and the party who they are collecting on behalf of.

You have the right under FDCPA 809(b) to send then a request for debt validation (DV) at any time prior to dunning notice, or within 30 days of any dunning notice.

In that DV, you can also specifically request the name of the oritinal creditor.

They must cease active collection until they have provided verification of the debt and the name of the original creitor. That includes any reporting to a CRA.

Additionally, either based on your current knowledge or after receipt of their response to your DV, if you can clearly attest that you never obligated the asserted debt and file a police report to that effect, you can send a copy of that police report to the alleged creditor and compel them to produce all business records in their possession related tothe alleged identitty theft. FCRA 609(e).

You can also send a copyof that police report to the debt collector, compelling them to provide all information you would normally be entitled to if you were to dispute the debt under any provision of law.

Re: CMB associates

gtnitright — Fri, 14 Mar 2014 16:29:57 GMT

All I have is their 800 #. I researched the company. How do I know if it's the location I would send notice to? This is making me very nervous.

Re: CMB associates

gtnitright — Fri, 14 Mar 2014 17:07:28 GMT

All I have is their 800 #. I researched the company. This is making me very nervous.

Re: CMB associates

gtnitright — Fri, 14 Mar 2014 17:10:22 GMT

Did I do harm by asking for information? This was not reporting on my credit report. Can it show up now?

Re: CMB associates

nativenyer — Fri, 14 Mar 2014 21:07:28 GMT

They've been calling me for four years. They are a junk debt collector. They always threaten to take you to court and apparently they can't because they haven't done it to me.

They say I owe a payday loan. I've taken them out years ago but I always paid them. I've never done business with this group but my bank at the time discovered that they were making deposits into my account. Admittedly, I never followed my account but after that I learned. My bank immediately froze my account and I closed it and opened another one at a different bank. Long story short, I never took out another payday loan even though had been done with that prior to this incident.

My bank, and from the research I've done, these people look for folks that take out online payday loans and then find their account numbers, make deposits into their accounts without the consumer's knowledge and then go and start withdrawing from your account. Well, I refused to give them anything because they had no right to do that. They deposited $200. Since then they have called me intermittently since 2010. They always say their going to garnish and they're going to court but I'm still waiting.

Don't lose sleep over this and don't let them bully you. Get their address and let them know that you will be sending a request for validation on the debt and they'll leave you alone. For a while...they keep turning up like a bad penny.

Re: CMB associates

gtnitright — Fri, 14 Mar 2014 22:22:41 GMT

Well what concerns me is that they called my husbands cell phone also. I don't like that!

Re: CMB associates

nativenyer — Fri, 14 Mar 2014 22:33:42 GMT

Tell them to stop. I did. They used to call my mother's number but I told them to cease doing that, that they are not authorized to call my mother and that they have my number and that's the only number they should use.

In fact, I've had to do that with other CAs too.