Fraud, Harrassment

ComplaintsCollection AgenciesPerformance Asset Recovery

Complaint

+1
Michelle
Country: United States
I was contacted by phone asking to verify my adress to be served papers to appear in court. They gave me a # to call to get details. I was transfered to a Mr. Garcia who then started threatening me with legal action, saying they would attack my assets if I didn't pay right now. He would not let me call back in the morning so I could talk with my Husband. He offered to send me by email a letter stating the debt was settled after I paid but would not send me anything to verify the account at all! He said I was just using this as a stall tactic, even after I offered to stay on the line while he emailed me. The account he was trying to collect on it past the SOL and he claims I made a payment in "06" which would make it still within the SOL. I know with absolute certainty that I made no such payment! He then proceeded to yell at me, interrupt me, threaten me, and then finally hung up on me. I called again the next day and the same thing happened. This is a total scam!! I have found hundreds of complaints for this company online. They have no website and apparently use different names and addresses to confuse consumers!!1 Do not give these people any of your money!!!

Comments

  • 0
    tj
    | 3 replies
    Sounds like the usual debt collection shakedown racket.
    FDCPA violations:
    1)  threatening legal action they have no intention to take,
    2)  threatening to sieze assets they have no court order to seize,
    3)  using illegal threats to evade validation,
    4)  trying to pass off some email in place of validation,
    5)  no FDCPA "g" letter,
    6)  abusive collection (yelling),
    7)  threatening a lawsuit on a debt past SOL,
    8)  deceptive collection for falsely claiming a payment was made that supposedly reset SOL,
    All in one call!

    Here they are:
    http://www.corporationwiki.com/California/Ran ... c/46007317.aspx

    Here's their BBB report.
    Looks like they just opened up a couple months ago.
    BBB rating isn't reliable if they just started and it's based on only one complaint.
    Lake Elsinore is the favorite mail drop locale of the old Corona Scam, so these might be alumnai.

    http://www.la.bbb.org/business-reviews/Asset- ... re-CA-100116788
    "...
    BBB file opened: 7/17/2012
    Business started: 6/26/2012

    Contact Information
    Anthony Saude

    Business Category
    Asset Recovery Services (that really means debt collection)

    Complaint: 07/17/2012: Consumer states, They requested a hard copy of my credit reports without my consent. I've never heard of this company nor have I applied for any credit recently.

    Business response: Company letter states that they have the proper work and social security # that supports their claim in reference the Bally's fitness account. They cannot supply consumer with a hard copy of her credit report the contract with Experian doesn’t allow it. She can contact them directly and obtain it.

    Consumer rebuttal: I am not requesting a copy of my credit report! I am requesting that the inquiry be removed because the inquiry itself can decrease my credit score.

    Final business response: We have the contract that she signed from Bally's. Her signature gives permission to pull a credit report. It is standard procedure on credit contracts. She can go through the proper channels if she feels she is right. Dispute it through the credit reporting agency.
    ..."

    Historically, Bally's Fitness contracts have very high levels of complaints of deceptive sales representations and fraudulent debt collection.  At one point, Experian even blocked Bally's "finance" partner from posting collection accounts to consumer credit files.

    Anthony Saude shows up in connection with similar complaints against National FC.
    https://complaintwire.org/complaint/SpoBAAAAAAA/pmg/4

    Based on location and scam style, they sound like a Thai Han or Corona Scam spinoff.
    Contact FTC on Wilshire Blvd in LA to report violations.

    FDCPA allows you to sue for violations, and courts can award actual and statutory damages, and attorney fees, if you win.  You can find a consumer attorney in your state through www.naca.net
    • 0
      Performant Recovery replies to tj
      They didn't just open up a few months ago. They changed their name! The name used to be diversified collections. We are going through problems with them, as well.
    • 0
      Severide replies to tj
      these people are rip-offs and i used to be employee of theirs infortunately.  talking about breaking the law, these guys are the best at it... The FDCPA stipulates that you can not threaten anyone with litigation if you dont have any intentions on doing so not to mention the account is totally out of statue which means there is no way for them to take you to court!!!  Mr Garcia whos real name is Gilbert Arias and Mr Avalon or should i say Corey Porter are both Anthony Saude-Owner little ass kissers And are probably closer than we all think!!!  Both Garcia and Avalon resides int he office and it's reeks of uncleaniess, there are no breakrooms, no water to drink (supply own) and most importantly the dont adhere to the FDCPA!!!  While working there it was hard to break the law regarding collection of debts but when you need to pay bills you kind of let it go but 2 months were more than enough for me, i could take it any longer.  they dont even pay their employees correctly they cheat everyone!!!!
    • 0
      Lynn replies to tj
      My parents received a phone call from Performance asking for information on my son. They told her my son gave their name and my brother in laws name as references. They wanted to confirm my sons name, address and where he was employed. I called Troy Edwards at a personal number and also a 800 number. Left a message to have them call me. He called me back right away and I asked him not to call my relatives numbers again. He got defensive and asked me if I had the correct spelling of his company. I told him the conversation is over and my next call will be to the police. Ended hanging up on him.
  • 0
    tj
    Collected complaints tied to phone numbers.

    Numerous complaints of deception and illegal threats, including attempts to collect faked "debt".

    https://800notes.com/Phone.aspx/1-855-255-6155

    Note that the reported "Offer of Settlement" emails, which in the absence of an FDCPA "g" letter, would fail to disclose to consumers that they had a right to dispute or request validation of debt.  Debt collectors have a legal obligation to disclose to consumers that any alleged debt may be disputed, and that if the consumer requests information or proof of the alleged debt, the debt collector will obtain and send it.  FDCPA prohibits debt collectors from using deception to collect a debt, and courts have found that such deception can include the ommission of required disclosures.

    This letter is similar in content to the "settlement" letters sent by the Corona Scam in response to consumer disputes.


    https://800notes.com/Phone.aspx/1-855-456-3251

    Complaint reporting fraudulent collection attempt of unowed "debt", including harassment of coworkers.
    Same old "Corona" shakedown.
    "...
    Robert
    17 Jul 2012
    This company is calling people I work with and threatening them. Thedre is a charge from a company that I am still currently with. The company stated with them on a three way call that there has never been an account that needed to be forwarded to collection. They are harrassing my employees co-workers and friends. They have called my work and told them that I was going to jail.Caller: Performance Asset Recovery
    Call Type: Debt Collector
    ..."

    Report of bank "pretexting", which regardless of whether they were trying to get information, or "authorize" an unauthorized charge, is a federal crime.
    "...
    j j
    9 Aug 2012
    these people called my bank said they were me, and tried to acess my accounts!Caller: Perfromance Asset Recovery
    Call Type: Debt Collector
    ..."

    Threat of "criminal charges", and another company alias:
    "...
    davis
    10 h 10 min ago
    Received a phone call from a restricted number. On the message it said a complaint had been filed against me and to find out what it was and to voice my opinion I had to call this number. Otherwise they would possibly file criminal charges. I did not respond to call. I believe they said it was Missions Agents Legal Dept.
    ..."

    Another alias, now Full Spectrum Litigation.
    Note the shill posts, once common with the Corona scams.
    Note the "authority" shill posting as an "attorney".
    https://800notes.com/Phone.aspx/1-888-893-7010

    "Forgotten bank fee became $1600" shakedown scam.
    This is a con, not debt collection.
    "...
    So i called the company and I am told this was over a bank account I had 5 years ago that I owed like $300 from an overdraft that was originally $40!!! They say I am facing judgement for almost $1,600.00 and there is now nothing they can do."

    Third party disclosure to employer HR department:
    "...
    then I get a email from my employer's HR department that I was left a voicemail in their office to contact a legal department, case number and this number to call.
    ..."

    Fake "garnishment order" shakedown:
    "...
    RYAN
    19 Jun 2012
    THIS GUY CALLS HIMSELF _ GARCIA DIDNT CATCH THE FIRST NAME CLAIMS THEY ARE TAKING ME TO COURT - US BANK OVERDRAFT IN 2006 - HE SAID HE GOT THE GARNISHMENT INFO AND I ASKED "IN 2006" HE SAID YES -  I SAID " DO YOU KNOW WHAT YEAR WE ARE IN?" THEN THIS WEAK SUCK HUNG UP - LOOKS LIKE A COMPLETE SCAM I NOTICED THEY RAN MY CREDIT A FEW DAYS AGO 5 YEARS TO COLLECT IN THIS STATE (CA) 7 YRS DROPS OFF YOUR CREDIT REMEMBER THAT PEOPLE DONT LET THESE SCAMMERS INTIMIDATE YOUCaller: FULL SPECTRUM
    Call Type: Debt Collector
    ..."

    A number of complaints report credit inquiries indicating pulling of credit reports, and access to skip-tracing databases, indicated by harassing calls to relatives and employers.  Complaints consistent with "Corona" style "process server" shakedowns on faked "debt", including pretending to be some "law firm", pretending they had a "court judgement" and were calling to "garnish", and other allegations of deception, fraud, and extortion, and heavy use of shill posts to counter consumer complaints.  Some indications they may be working some cheap OOS debt portfolio, but numerous complaints of collection attempts from people who know they owe nothing suggest that such a portfolio may only serve as cover for a "fake debt" phone shakedown racket.  Complaints start in June, and ramp up rapidly.
  • 0
    tj
    | 4 replies
    https://800notes.com/Phone.aspx/1-888-893-7010
    "...
    gregory kassell
    10 Jun 2012
    i myself am an attorney in califonia where this company practices out of. my bother got this same call mid last week. although they are not a law firm, this company does seem to litigate on debt that has not been resolved thru collection efforts. i found 6 cases filed under Full Spectrum as the plaintiff in civil court. i also called their local BBB and they are in fact listed as a legitimate company. my advice is if you know you owe the debt and there is ever any way to resolve the matter out of court, that's going to be your best bet.
    ..."

    CalBar does not show any licensed attorneys named "Kassell".
    It does show a "Gregory Harrison Kassel - #152993" in San Bernardino.

    M.O. matches 2 other "Corona" attempts to impersonate "attorneys" by using names similar to, but slightly different from, actual attorneys in the general southern California area.  One attempt was on a website using a name similar to a Riverside attorney, in the process of being set up when FTC raided, and another attempt used a name similar to a San Bernardino attorney.

    Use of a similar name would make the post credible to someone who might just Google to check, yet would be "plausibly deniable" due to the spelling difference.

    Note how the post contains common shill markings, both pretending to be like the victims (supposedly "his brother" was called, so he "checked them out"), pretending to be an authority ("an attorney in california"), and contains "details" to support "explaining" this anomally that supposedly they have a history of filing lawsuits, but they are not a law firm, but also they are somehow not a "debt collector", much like the "Corona"/"PMG" scenario.  Similar "attorney" shill posts showed up on "Corona" complaint threads, "explaining it all".  They tip-toe around, not quite being anything, yet somehow all the BS is "normal".  It works so hard to be credible, it's just a little too perfect.
    • 0
      tj replies to tj
      | 2 replies
      And since he says BBB shows them as a "legitimate company":

      They have an address, file opened 3 days ago!
      http://www.la.bbb.org/business-reviews/Collec ... ta-CA-100117397
      BBB file opened: 8/7/2012

      Same for their other listing:
      http://www.la.bbb.org/business-reviews/Collec ... ta-CA-100117397
      BBB file opened: 8/7/2012


      So this "attorney" wants us to believe (in June) that a "company" who today has a 3 day old BBB file (in August), with no rating, no contact names, no information other than address and phone number, is somehow being vouched for by BBB as legitimate. Doesn't look like BBB even had a file on them at the time he posted.  Looks like more bluff.
      • 0
        john replies to tj
        | 1 reply
        You're all morons .
        • 0
          tj replies to john
          9) shills.

          Thanks for showing up, shill.
    • 0
      Lynn replies to tj
      And you think we are going to believe you? Do you go by the name of Troy Edwards? Really?
  • 0
    S
    | 1 reply
    These folks called my business cell and left a message trying to get in touch with my first cousin. They called him by his middle name instead of his first name, which was unusual, but he does go by his middle name to folks he knows. They had his birthday right. I could tell that they were a scam by the fact that they wouldn't identify who they were. So, I told them that my cousin was in prison. Then, they asked for how long. I said that I didn't know. Maybe for years. They asked what he went to prison for, and I told them that he was innocent. This confused them so much, that I could hardly contain snickering under my breath. They said that they would remove my number from thier call list, and contact the 'authorities' so that they would not serve a warrant. I called my cousin, and we both had a good laugh. Now, we're trying to come-up with more bull to tell them, and I'm going to call them back and record the conversation. I love harrassing these slime buckets who harrass other people. It's gonna be fun. Will put it on You Tube when we're done for all to enjoy!
    • 0
      tj replies to S
      If they are using his middle name, and if he does not use that on financial documents, then they may be getting his information from social networking sites like Facebook.

      There are now many extortion scammers trying to exploit social network information for cons.
  • 0
    Going after THEM
    | 1 reply
    My husband was dealing with them, so I don't have any names of employees, however this is our story.  We had just paid off a debt through this company and suddenly charges from in and around the Lake Elisnore area appeared on our account.  Even after the card was canceled, they attempted to use it several more times.  I hope they enjoyed their trip to Magic Mountain, on us.  DO NOT give them any card information!  I'm not saying that the company itself makes duplicate cards, but they have employees there that do!  We are still working with the fraud department within our bank, trying to recover the nearly $500 they spent.  Now, I'm wondering if I can go after them legally?
    • 0
      nan1952 replies to Going after THEM
      this has just happended to us for ocer 600 dollars!  something should be done!
  • 0
    SLC
    ok i need help i got the same phone call yesterday wanting me to verify my address so they could serve me a summons.  I spend all day trying to figure out what it is over.  It's a debt that i thougth i paid off in 09.  Are these people ligite or not.  Do i need to pay them to avoid court?
  • 0
    cd
    they are not legitimate.
  • 0
    BT
    THEY ARE CROOKS
  • 0
    NEVER PAY!
    | 1 reply
    Just got a call saying the debt was with their "legal department" and that their was a civil suit against me. Claimed they mailed a "legal" document, but I never received it. They're calling everyone I know. Now how did they mail it if they didn't know where I live? This debt was past the statue of limitations, tried to BS me that it's by the charge-off date and not last payment made. Isn't this in debt collecting 101?

    NEVER PAY THEM! GIGANTIC SCAM!

    @Going after THEM, yes per the FDCPA you may receive $1000 per complaint. I'm going to research an attorney for this. If anyone has a suggestion of one, please post; not for the money, but to get these people from extorting others.
    • 0
      tj replies to NEVER PAY!
      So check with your courthouse to see if this "lawsuit" is even filed.

      If not, sue them.  You can find a consumer attorney in your state through www.naca.net

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