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Thursday, April 01, 2004

Background

I got a call from one of their call handlers a few years ago. Telling me I owed $6,000 on some credit card which I never had. It was a MasterCard, and never in my life have I been in possesion of ANY MasterCard, much less one from whatever credit card compay they were representing. Even funnier is the fact it the credit card (and statements) were sent to an address where not only did I never live, I never lived in that county (no wonder I never knew about this credit card I have... hah!). In fact, if I ever was able to actually *see* a copy of a credit card statement (which they were not able to provide), I would bet money that I could show transactions run close to the same time on my real credit card hundreds of miles away. In fact, I'll bet not a single transaction on this fake credit card was run in the county I live in.

I explained to them I never had a MasterCard, and asked to send me a copy of the application. Their response was that I needed to file a police report if it truely was a case of stolen identity.... So I did. I offered to send them a copy, but by that time (because it was 24 hours after the first call from them... hehe), they said it was too late. So I asked them to put me in touch with the issuing credit card company. And of course they couldn't do that either. So whatever, I found their fax number on their website (which is terrible BTW [this site is terrible too, but hey, I spent 5 minutes on it, and it's not a business site]) and faxed them a copy of the police report.

So didn't hear anything back from them, and figured it was done. Okay, fast forward a couple years. I have this one bank account where I keep "play" money in. Somehow they seemed to have gotten a court order to take money out of that account (which was abut $7,000, I assume from interest on my "bad debt"). Not being a lawyer, it seems interesting that you are able to do that without any sort of court hearing or notification. But okay... whatever. :)

So now, it seems I have to hire a lawyer so I can have some of my play money back.

Just to give some background on my credit:
  • My "real" credit card is not a piddly $5,000 limit. It's a Visa Signature with no limit
  • I spend a little over $100,000/year on my Visa (I have lots of sky miles these days)
  • To date, I have never in my life had a finance charge accrue on any credit card I own (they all are setup to pay off in full at the end of each month)
  • Big purchases are always cash (real estate and vehicles)
  • Last time I had my credit report run, the company running it said they had never seen such a perfect credit report (950 out of 950)

Oh well, I can't really blame them, they are just puppets I suppose. But since they are paid on commissions, it might save them some money in the future to *not* assume everyone is guilty. :)

31 comments:

Anonymous said...

no such thing as a 995....theonly go to 850 sounds fishy though. All we can go by is your word.

Shawn said...

Right... it's 950 (see post)... They do go above 850 though, see this:

http://www.homeloanlearningcenter.com/financial/credit.aspx

Anonymous said...

Did you say Winn and Simms? Biggest LOSERS ever!!!! I thought they weren't even a real law firm. I think they specialize in this shit! Keep up your good work and bury them alive the shit eaters.

Anonymous said...

They screwed me too.

Anonymous said...

You guys are the biggest crooks ever.I am taking this further and reporting your dishonest practice.
PIGS!

Anonymous said...

Higest on a credit rating depends on the company, but 950 is correct.

Anonymous said...

I WORK FOR CAVALRY.

I HAVE BEEN FOLLOWING YOUR POSTS.. I HOPE YOU WIN IF ALL YOU HAVE SAID IS ACCURATE.

GOOD LUCK.

I THINK YOUR BLOG CAN DO SOME GOOD EVEN THOUGH I MAY DISAGREE WITH THE MISLEADING BANTER BY SOME OF THE POSTERS; BUT THATS AMERICA FOR YA.
I JUST HOPE SOME OF THESE PEOPLE THAT MAY COME HERE DO NOT FOLLOW BAD ADVICE FROM PEOPLE THAT MAY HAVE GOTTEN THEIR INFORMATION FROM A WALMART SHELF "AVOID THE DEBT COLLECTOR" BOOK.

Shawn said...

They settled out of court, and I got all the money back already, and Calvary paid for my legal fees as well. So *someone* thought I was right. :)

http://www.winn-and-sims.com/2004/10/dispute-settled.html

Anonymous said...

I just got a letter about a credit debt from Winn, what is your advice for me?

Anonymous said...

All I can say is that Calvary is a bunch of crooks! I setteled on a credit card years ago, and then thought it was all good. Then, I get some paperwork tacked to my door telling me that they are suing me for the 6000, way more than the amount I already PAID! Since I no longer had the money order receipt, I made arrangements to pay the debt, AGAIN. Sadly, I was laid off from my job and could only affort to pay 75.00 a month. I sent them a letter and a check and then they took every dime I had to my name out of my account! I hope they all burn in hell!

Tom L. said...

Hey Shawn, can I have some money?

;)

Michael said...

Shawn,
This is EXACTLY what is happening to me right now. I have had this pseudo-mastercard with a $5k limit on my credit for years with the wrong name, address, wrong social security number, you name it but Cavalry will not take this bill off my account, even after multiple contacts with the company. I requested a copy of the original contract and received an Excel 2x6 .pdf with my name, ssan (both wrong) and the amount I allegedly owe. I have filed complaints with the BBB, and the FTC. This is affecting my credit bigtime... any guidance?

Anonymous said...

This law firm Winn & Simms of Fullerton has put levies on my personal bank
account using a name calvalry because they think our agency is a DBA than a 501c3. I tried for long to tell them that it's a 501c3 corporate and they dont listen! I'm on SS disability and simply I serve only on the agency's executive board maxing at 3 hours a week. Also I'm an UNPAID CEO too. I dont see any fairness in their power tripping on me. I never got a summons from them to begin with.

Anonymous said...

Hey Brain
I know one of the people that you say is such a bad person..... let me give you alittle word of advise
know the facts first, than make the judgement. Fact is the averg debt collector makes hrly wage plus commision... 2nd thing is when commision is made you had to work your butt off for it..... 3rd thing is something that you probley have no idea about .... well that when your become a debt collector you have get to choose how you handle that call .... I just want you to know not every debt collector is cold and hartless but we are calulated we only can we can be as good or as bad as the pepole we collcet from. another words when I was personaly attacked by an anoymous person who passed the judgement that I personaly was going after him or her -- understand that when we are collecting on a debt it not personal but it is definaly bussiness.... just to give you an idea ... I am a very educated person with a college degree.... I would love to hear directly from the person who felt I made such a mess of there life after all I did not create the debt I only collect on them... There are ways to handle if a debt collector is praticing the wrong way... you see the person who took all that time to get up set at me really needed to look in there own backyard if the person who feels I did such great harm them would like me to write or share with them or anyone else on how to protect yourself from unfair debt collecting please feel free write me I would be more than happy to share the lime light. One last thing you should consider is the week do nothing and complane alot the strong ... the strong... well they sit back and wait weighing the facts and handle thing professionaly .... so in response to the fan of mine who made up there mind up that I was aginist them please feel free to write me or phone me (the call is your dime not mine )I would be more than happy to hear from if your not afaid of me knowing who you are

Anonymous said...

I love this last guy here, he's "educated" but can't spell!
These wacko's tried to collect a $4k debt from my mom who's 75 and has never had a credit card, she pays cash for everything! They went so far as so file suit against her and I filed a countersuit against them, amazingly they withdrew there's....hm, wonder what prompted that!

PS ~ California statue of limitations on any revolving debt is 3 years from the last date of activity. If it's been more than 3 yrs since you've made a payment, the debt is legally uncollectable. They can call and harass you but they can't sue you.
Oh and you can tell them not to contact you at work.

Anonymous said...

I believe I found the silver bullet I need to temporarily paralyze if not completely shoot down the Winn & Sims law firm. Thay had no right to turn a 20 year old $300 credit card debt into a $8,400 judgement!

Anonymous said...

I AM GETTING FUCKED BY THEM RIGHT NOW. THEY ARE CHARGING ME FOR MY ROOMATES RENT WHEN SHE LEFT.

Togonon said...

Shawn,

I am an attorney in San Francisco representing a couple who had a debt go from 10k to >28k after a default judgment was entered.

I am interested in hearing more about your case, particularly the default judgment.

I sincerely want to go after Winn and Sims.

(with all these folks on here, it sounds like a class action suit should be filed against them....)

Anonymous said...

Shawn, good work, payback is a bitch. Good idea, I wouldve done the same. To the guilty/innocent, I feel your frustrations, but if innocent, why so upset. stay calm & prove false allegations wrong, naturally. If not innocent, too bad. Too old, injured, spouse/room-mate/family blame etc... Cry me a river. If you borrow money/take credit & dont pay it back, thats fraud. If you loaned someone money & they didnt pay it back, how would you collect on that debt? No sympathy for you. Words payeth no debt.

Anonymous said...

I work in the field of collections. Unfortunately, this happens often. I helped my brother with a simular situation, that didnt even match his full name. Did your lawyer pursue any malicious prosecution lawsuit for punitive damages? Anyway, if I were in a situation like your was, knowing what I know about the industry, I would always demand that I have copies of all documents and know who the original creditor was. By law I am entitled to that information. Also, you must be served in a lawsuit and they must get a judgment to levy your bank accounts. Sometimes the service of process for these suits is questionable. However, if you dont respond to the service, they can obtain a default judgment against you. On a good note, several Collection Agencies have been fined millions in the last couple of years for practice such as this.

L.P. said...

I am so glad that this website exists because i thought all along that it was me.
Winn and Simms tactics are so obnoxious and degrading that i am going to court also. I had breast cancer 4 yrs ago and had six surgeries, I said that i am a hardship case and that to view my case as such. The negotiator said to prove that you had cancer! In a tone that just set me off to know end. They would call at 8 pm on Friday and Saturday nights and harrass me until my blood pressure sky rocketed because they would never let you get a word in edge wise. They did this while i was in front of my best friend of 26 years.
The fact that i am paying back all my other medical related debts except this one says alot about them. I did send a letter to Winn and Simms and said i will see you in front of the judge and cc: Capital One. The next letter will be certified with a copy of this webpage of their vendors work ethic.
And maybe if this blog keeps up there will be a change in how collection agents act before they jump down debtees throats. I was willing to pay but not 25% interest and $150.00 on a 900.00 bill.

I am glad that you stood up for yourself because some individuals are not willing to fight or they do not have to the means to fight.

Rock on
L.P.

Anonymous said...

Hi, I'm getting screwed by cavalry and winn and sims too. Its from a cell phone dating back to 2002. Does this mean that statute has expired? They served me. I don't want to pay them a penny.

Anonymous said...

"not personal but it is definaly bussiness.... just to give you an idea ... I am a very educated person with a college degree"

mmmwwwahhh. How's that for irony?

Anonymous said...

College Degree yeah right! Not in spelling that's for sure,

Anonymous said...

Could someone advise me? I am getting recorded messages from Winn and Simms, starting last week.
It doesn't say anything about what it is. My question: should I return the calls or should I assume it is a scam. I don't owe any money and don't have a credit card. Thanks for any advice I can get.

Anonymous said...

First, don't construe any of this as legal advice. I'm not an attorney. That said: my advice to anyone who has to deal with these A**holes is to get a lawyer and sue them for violation of the fair debt collection practices act. If you prove a violation (not hard from what I hear, especially with these jack-a**es), its a 500 dollar fine per violation that goes to you. THESE GUYS ARE PREDATORS WHO SUE PEOPLE THEY THINK CAN'T AFFORD AN ATTORNEY! They got me a few years ago just before I started law school, and couldn't afford to get an attorney to fight their bogus suit.

Anonymous said...

This company Winn and Simms (Fullerton) is trying to collect money from a car returned to Drive Time Auto (NEVER GO HERE..I think they work hand in hand) over a year ago.
Now, I'm no attorney but, if you have returned this car, it is considered a repo on your credit report.

Can they still legally try to collect?

Please advise..

Frustrated in Cali

Digitalpointing said...

This blog is so funny.I love how you make your posts. Very natural.. Thumbs up A++
By the way there are a few people on DP not getting their custom title yet..lol.. thought you would like to know..
p/s- I understand now why you are seldom online, freaking rich..
p/s2-need some DMOZ editor to review my DP blog..:p

Anonymous said...

It seems that all of us have had a problem with Winn and Simms/Calvary. Anybody interested in filing a class action suit against them?

I have a judgement against me. I was never served anything to appear in court, which is exactly what they wanted. If I had shown up in court, the judge would've thrown it out because the statue of limitations was up on the debt. This is fraud!! Now we are all basically screwed, unless we all get together and take these people down! If anybody is interested, please let me know. We can all fight this together, but we cannot do it alone.

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collection agencies los angeles said...

950 out of 950 on your credit report? No wonder you are getting these dubious calls wanting to take advantage of your credit history.