Collection agency comitting bank fraud

ComplaintsCollection AgenciesCarson Smithfield LLC

Complaint

0
almost a victim of fraud
Country: United States
I had an Advanta credit card account that was settled in June of 2010

SOOOO- When I received letterd from the SCUMBAGS at Carson Smithfield, I sent them a copy of the letter and check to Advanta - this was a one page photocopy.and I wrote on their payment stub "This account has already been settled- see attached"

Next thing I know- that same check is showing as a pending transaction on my account.

I went to the bank to try to resolve the issue. They put a 24 hour block on the account so that the check would not post, then they put a stop payment on the check.

The photocopy of the check was bounced back to the bank they deposited it at-
The stop payment order states clearly- DUPLICATE original check was submitted and paid on acct 6/30/10- this is fraud.

Still trying to figure out who to complain to about this so they xan be prosecuted.

Filed a complaint with FTC, contacted Attorney General's Office, consumer protection unit- who referred me to the OCC. The OCC only deals with bad banks though

Comments

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  • +1
    tj
    | 1 reply
    File a complaint with your local police to report the attempted theft.
    Shut down your account to prevent future theft attempts.
    You ma also want to contact an attorney to discuss suing for violations of FDCPA.
    You can find a consumer attorney in your state through www.naca.net
  • +1
    mad
    File a complaint with your local police to report a fraud.
    Call your bank about unauthorized  use of your account. (Change bank account No.)
    Send copy of police report to to Old Bethpage NY police dept.
    File a complaint with the local bar NY association.
  • +1
    tchndn
    never send them anything resembling a check! instead, send a letter asking them to verify the debt, don't admit to any debt in the letter. ask for the original owner of the debt, when the debt was incurred, ask for a list of payments on the debt, ask if the debt is "time barred", (statute of limitations has expired), ask for their license to collect the debt in the state in which you live. they have 30 days to respond. if they don't reply, or state that the debt is time barred. they CANNOT file a negative credit report against you. if they do, you have every right to sue them for defamation of character. had a place contacting me for a settled account from years ago, tried this method and it works. company replied with "we cannot sue you, we cannot report this to a credit agency." I never heard from them again. it takes a little time and effort, but you CAN get rid of them. oh, and be nice in your letter, don't mention anything about suing them if they don't stop. they already know they can lose a lot that way. these places buy old/bad/settled debt for pennies and try to resurrect the debt. if at any time you admit that there is such a debt and offer to pay on it, you've just put yourself back on the hook.
  • 0
    P. Russell
    | 5 replies
    I am currently paying off a credit card debt (Merrick Bank) thru Carson Smithfield LLC.  After sending monthly payments to the Old Bethpage, NY address, I was informed that I need to begin sending those payments to a PO Box in Tampa, FL.  Meanwhile, these people take their sweet time cashing my checks and will call me re: "late payments".  My payments are all timely - Carson Smithfield et al just can't seem to open an envelope or know how to apply a payment.  I'm quite suspicious of these people.  Each phone call from them does not show a call-back number....just "unknown number" and the few times I have spoken with a member of their (laughable) customer service department, each is more obtuse than the one before.  I have just sent them a letter requesting written validation of the debt (per the FDCPA) and proof that they were indeed hired by Merrick bank to collect this debt.  I do owe the money and will pay it.....but I don't trust these bozos to collect and/or apply the money where it belongs.
    • -2
      kelly replies to P. Russell
      | 3 replies
      Probably because your account was charged off. Your the bozo who didn't pay on time.
      • +2
        Lori replies to kelly
        Don't call a person a bozo.  There are so many companies scamming others and even if it were a debt there are statute of limitations and people are not legally permitted to file anything against you after a certain timeframe.  You do not know the situation so do insult others until you know the entire situation!  This person is willing to pay the debt off but I understand where he is coming from!
      • +2
        paul replies to kelly
        perhaps people fall into hard times! idiot! why are you on this site??
      • +2
        Dave replies to kelly
        Ever think that someone had a financial hardship? Guess you are perfect
    • 0
      Linda H replies to P. Russell
      I owe money to Merrick Bank also and received a letter from Carson Smithfield LLC.  I put in the response code as instructed and my last name; a message came up that I am not authorized to view this page. I am not even going to call them. I will deal with Merrick directly to confirm and make arrangements through them.
  • 0
    Good Guy Collector
    Whenever a violation is this severe, filing complaints with the FTC, AG for both your state and their state, your local police and FBI are simply complaints to enforcement agencies that have control over collection firms.  (BBB complaints mean absolutely nothing.  Don't waste your time as they have no impact whatsoever)  

    These violations constitute a clear attempt to defraud you as a consumer with malice.  You should contact a local attorney (contingency case only) to pursue your rights for damages.  Lawsuits against collection firms are never for $100,000.00, they are typically for $1.5Million for actual, compensatory and punitive damages.  Seek local counsel.
  • +1
    unknown
    This is a sad story but true - and totally laughable.  Received one of those "unknown" calls that turned out to be our "good friends" at Carson Smithfield demanding I make my payment.  This call was received on Wednesday April 16th.  The payment had been made with a check dated Thursday April 3rd and mailed - from my local post office - on the same day.  While this idiot woman was giving me grief over the phone, I turned to my computer and logged into my bank account.  Big shock - that very payment to Carson Witfield had cleared my account the day before (Tuesday, April 15) and in order for that check to have cleared my account, it must have been processed the previous Friday .... or Monday at least.   I informed Mrs. Nasty about this and she raged that she saw no evidence of such a payment being made.  It was then I told her she was being totally obtuse and she yelled at me replying "Don't you call me fat!"  Hey Toots - go buy yourself a dictionary.  I rest my case.  Or to quote Forrest Gump - Stupid is as stupid does.
  • 0
    B Franklin
    | 1 reply
    Was told by my attorney to not deal with this agency they are breaking every law in the book. He suggested to get a hold of original company and try to work something out. I did this and took a while but was able to do this, they sent me a letter verifying arrangements which I forwarded a copy to Carson Smithfield certified. I called them to verify after I received my copy back with a signature and they told me I couldn't do that and they said they would sue me so I gave them attorneys name and have not heard back from the scumbags
    • 0
      TC replies to B Franklin
      I did the smae as you did with the original owner afther the scumbags never answered my request for valdation.  I talked to customer service at the Merrick Bank and made arrangements to pay them on the 3rd of every month by check and I called each time to verify that they had it on time, until the third call they answered Carson Smithfield I said I was tryng to reach Merrick bank and the idoit on the other end said we work the bank and  wee collect for them.  I hung up and called the bank number  and asked for a manager they gave me one and I told them the sitution and they said that they ahd the scumbags do the collcting for them to not tie up their clerks. such a scam to get a debt collector the money.  and they have not had the correct amount of balanace each time and they state they have corrected it I doubt it.
  • 0
    unknown
    They are the worst collection agency out there
    The agency is run by someone who never attended any school but high school and is not too bright
    People need skills to collect and there are rude ignorant people on the phones due to there vice president  Not the collectors fault it is the  V P fault
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