Robert Paisola: Unifund Class Action Gets Underway June 2007

UNIFUND CLASS ACTION UPDATE REPORT

UPDATE NOVEMBER 02, 2007

Listen to the latest Unifund Horror Story involving a Hispanic Couple, An Employee at Unifund who Claims to be THE SHERRIFF and the Attorney, Pedro J. Savalla

"If you pay us $250.00 now. WE WILL NOT REPOSSESS YOUR CAR..THEY PAID AND GUESS WHAT, THE CAR WAS TAKEN. YOU WILL NOT BELIEVE THIS RECORDING OF UNIFUND ABUSE.

LISTEN LIVE HERE

Sam Roberts vs. Unifund CCR Partners - Mulloly, Jeffrey, Rooney & Flynn LLP

I have copied you on this letter addressed to Mulloly, Jeffrey, Rooney & Flynn LLP, dated June 25^thbecause it appears that Unifund and its’ numerous partners (various Law Offices) throughout the United States are engaged in unethical and criminal behavior. Until this event (freeze of my M&T Bank DDA) I had never heard of this Law Firm nor this collection agency (Unifund). Given the number of Law Suits and Class Action Suits pertaining to willful and intentional fraud and racketeering, Federal Rules of Evidence (602 and 603), failing to file a proper and legal claim under the law, violation of Statute of limitations (modification of last activity dates on credit reports), fabrication of documentation, violation of the FDPCA and abuse of process, I am doubtful that settlement discussions at this point given their reputation would prove beneficial to me without legal counsel. I believe that Unifund and their partner (Mulloly, Jeffrey, Rooney & Flynn LLP) have a relationship similar to the recent Buffalo, New York ‘Rent a Lawyer’ scandal that involved numerous attorney’s including Rodney Giove and the Lenahan Law Offcies which I believe is still under investigation. So this means I must identify a reputable attorney to request a temporary injunction…or ideally a Permanent injunction until which time this matter can be sorted out. At the moment I do not have access to any funds and will soon find it difficult to continue working, paying rent and taxes to the US Treasury. I was also thinking it might be prudent to discuss the details of this case with Robert Paisola at Western Capital Financial Services who is responsible for introducing one of the many Class Action Suits against Unifund. Since I’m not an attorney it is difficult navigating these uncharted waters. Lots of decisions…not sure how to proceed.

I believe that Mulloly, Jeffrey, Rooney & Flynn LLP’s failure to send the required Notice To Judgment Debtor/Obligor of Restraining Notice (Pursuant to CPLR 5222 (d) and (e)) should provide some justification for requesting the injunction. Once complete I will need to focus on my request for information related to a breakdown of dates, balances, fees, charges and rates of interest associated with each institutions (Citibank, Unifund, and Mulloly, Jeffrey, Rooney & Flynn LLP) portion of the asset (judgment). I rather doubt that I will receive a response to this request or the detailed historical information but I have to try!

Thanks for taking time to review my case and attachments reflecting current litigation against Unifund and numerous complaints. I invite your comments, recommendations and guidance…all of which are greatly appreciated.

On June 15, 2007 I attempted to withdraw money from my DDA account using my M&T Bank Checkcard at an ATM and the transaction was declined. Repeated attempts to withdraw money at other ATM locations met with the same results. I called my bank and was given two numbers to call…one for my bank’s legal department and the other for Unifund. When I called my bank’s legal department I was informed that a hold had been placed on my account for a judgment issued by your law firm and that I needed to call and speak with someone from Unifund to make arrangements before the hold could be removed. To expedite the turnaround I was provided with a fax number which could be used to send notice once suitable arrangements had been made. I then called the number I was given which turned out to be the offices of Mullooly, Jeffrey, Rooney & Flynn. I spoke with a few of your associates, was provided with a file number, told that you were handling this file and was given your direct line. Because it was close to 4pm I was informed that I would need to call back on Monday as no one could help me. I called your office on Monday, June 18, 2007 and was transferred to your voice mail since you were on your phone. I left a message asking you to call me so we could discuss this matter. I called on Tuesday, June 19^th and was told that you were in the office and was transferred yet again to your voice mail. Given our difficulty connecting I suggested in my voice mail that perhaps we should schedule some time on the calendar. Attempts to contact you to date have proved futile.

Based on recent court decisions citing Citibank among other large credit card players as defendant the court ruled in favor of plaintiff related to errors calculating judgment amounts by banks, collection companies and law firms related to assessment of fees, miscellaneous charges, math errors, late charges and over limit charges after an account is delinquent or charged-off.

Given the numerous recent decisions, law suits and Class Actions please provide the following: a breakdown of dates, balances, fees, charges and rates of interest associated with each institutions (Citibank, Unifund, your law office) portion of the asset (judgment) for review. As I’m sure you agree it would be prudent on my part to review this documentation with legal counsel. Please send the breakdown of the judgment amount to the following email address: sam.roberts@worldnet.att.net

*** ATTENTION TEXAS RESIDENTS! ***
IF YOU ARE CONTACTED BY UNIFUND OR THEIR TEXAS COLLECTOR, ATTORNEY JAMES HULL & ASSOCIATES, OF HOUSTON, TX GET IN CONTACT WITH ME FOR ASSISTANCE.

CLICK HERE FOR AFFIDAVIT OF INDEBTEDNESS

David Rosenberg, 48, of Cincinnati, OH and the Unifund (UNIFRAUD?) Group is arguably one of the worst debt collectors that have EVER come on the scene.

He happily admits to paying 3-4 cents on the dollar to purchase old (usually worthless) debts from creditors, gambling that he can turn them into big profits.

Rosenberg's operation is enough to cause consumers to be leery of Unifund collection activities. Challenge every contact from Unifund.

Unifund does not ask credit card companies for copies of their card holder agreements. They have copies of the form agreements in their

Files. However, they have no way of establishing which form was sent to which cardholder when. Their in-house signor of affidavits; Angela Freckman swears to have knowledge on purchased debts that are used in court filings. Again, CHALLENGE everything from these bottom feeders, they are NOT to be believed or trusted.

Rosenberg’s history is to file claims that are hearsay using a group of attorneys who would rather skip a court date in the hope of obtaining a default judgment. Unifund was reportedly selling ‘future home liens’ to other bottom feeders at a conference, how low does that rank in the sleaze category? The good news is that most Unifund cases can be defeated if you have proper legal representation from attorneys who know how to handle this assembly line of bogus pleadings and manufactured affidavits. It ain’t brain surgery to beat up on a bottom feeder, you just need to know what steps to take. Challenge everything about them, including anything they place on your credit files., let us assist you in defeating their con game.

CAUTION: I recommend that you NEVER disclose your bank account or credit card information to a debt collector, as you risk them emptying your account, or maxing out your credit card. If you feel they are reporting on your credit bureau files in error or need assistance in dealing with them, email me the details and your location. Assistance and referral to a consumer legal specialist may be available. Email for Assistance

Report: UNIFUND CCR PARTNERS

UNIFUND CCR PARTNERS ripoff CINCINNATI Ohio

*Consumer Comment ..Bad debt purchases, Court orders...

Are you an owner, employee or ex-employee with either negative or positive information about the company or can you provide "insider information" on this company?

Are you also a victim of the same company or person? Want Justice? File a Ripoff Report and don´t let them get away with it!

Are you an owner, employee or ex-employee with either negative or positive information about the company or can you provide "insider information" on this company?

Are you also a victim of the same company or person? Want Justice? File a Ripoff Report and don´t let them get away with it!

I don't know what to do or what they are doing. They are just increasing the amount without sending me any validation. And my credit is so bad because that huge amount is reported as delingquent. Should I just keep waiting? Is there anything I can do?

I would appreciate any help.
Thank you.

Unifund CCR Partners Unifund tries to ripoff Hawaii residents Cincinnati Ohio

Are you an owner, employee or ex-employee with either negative or positive information about the company or can you provide "insider information" on this company?

Are you also a victim of the same company or person? Want Justice? File a Ripoff Report and don´t let them get away with it!

I've been sued by Unifund CCR Partners and their Hawaii law firm, Law office of Marvin Dang. This all started when I had to stop payments on my Citibank visa (and their stupid creditsafe insurance didnt cover payments) because I was undergoing an open heart operation and would be out of work for several months. This happened in 2002, in 12/2004 I get a summons to appear in court and come to find out that UNIFUND wants $3900 plus dollars. I told the lawyer I dont owe that much and want to see the statements (I haven't rec'd any statements after 4/98), She said ok, and resceduled for June 05.

In June 05 another lawyer shows up and shows me 10 statements (suspect looking) and the Judge said we need to continue talks and to share discovery. In Jan 06 another Lawyer shows up and wants to continue. In April 06 he shows up again, and tosses every previous agreement fromt he other lawyers and want MORE money and tells Judge he wants summary Judgement. At this point I got pissed. I started to do my homework, asked lawyer friends to help with my study but not to get involved.

That is when I read on the internet about xxx and met many nice advisors. I learned about FDCPA and other rules. The more I study the more I learned. After facing these BOTTOM FEEDERS, I now have them on the run. They filed for dismissal without prejudice BUT I WONLT LET THEM GET AWAY!!

All I can say people, ASK, REASEARCH, & FIGHT!! BUT Meet them in court, dont ever miss any dates, and EXAMINE what papers they filed. I got lucky because I asked and found 1 violation. Every consumer needs to do the same.

Kevin
honolulu, Hawaii
U.S.A.

Topic: Collections Law

Expert: Robert Paisola
Date: 11/14/2006
Subject: UNIFUND CCR Partners & summons

Question
I was served a summons and have to appear in court this Thursday (11-16-06) for an old credit card debt. I am freaked out about this, I don't have money, I don't own a home, basically living month to month barely. I have never heard of UNIFUND before, but pulled my credit reports and there are 3-4 entries on it for them for this one account. The credit card was originally First card then it was bought by Chase I guess. Anyway I didn't have any money at the time and stopped paying the bill. In about 2000 or 2001 I was contacted by the CC company I told them I could'nt pay and that was the last I heard from them or anyone until now. It was for about $4500.00 and now UNIFUND wants $8000.00+. Can they really sue me for this without any other contact by anyone? What can I do. I am really freaked out about going to court. Also how can it be reported on my creadit report 3-4 times? I am in Colorado if that matters.

Get the answer below

Answer
Patti,

We are in the middle of a large Class Action Lawsuit against Unifund for this very reason. I need you to visit our site at www.CollectionIndustryLive.com and read all the history of the Unifund Lawsuit. Read about Kevin Kim in Hawaii, and how Unifunds Attorneys were almost disbarred for fabricating evidence.

Once you do this, sign up for the VIP Program, It will cost 200.00 but I will personally call the lawfirm for you. If you look at our site, you can see what happens to attorneys that sue on behalf of Unifund.

I also need you to send me an email to robert@mycollector.com and explain everything to me from A to Z and we will get this taken care of.

Please take a second to leave positive feedback on the site!

Robert Paisola
Chief Executive Officer
Western Capital Financial Services and
The Success Training Network
www.mycollector.com
www.RobertPaisola.com

ABOUT YOUR AUTHOR:

Robert Paisola is driven by a passion for people--motivating them to reach for the highest standards of success. As founder and president of many International Corporations including Western Capital and The Success Training Network, Robert trains sales and marketing professionals who want to strive to get to the top...and stay there.

His innovative, no-nonsense approach is based on applying what he has observed in his fifteen-plus years in sales, motivational speaking and debt collection training, thus revealing the common business habits of the top 20% of sales performers in all organizations.

While in Mexico, he uncovered a large time share "fractional sales" scam at the Playa Del Sol Grand Hotel. His report is located at

http://www.collectionindustrylive.com/news_playadelsolscam

He is also the lead investigator in Americas second largest Class Action Lawsuit against International Profit Associates. You can watch the updates at www.ipaopinion.com.

Robert's approach works...that's why New York-based Success Magazine has rated Robert Paisola as one of the top-five most effective sales-training professional in the market today.

Routinely Distinguished by The National Speakers Forum, Robert is also a regular contributor to Business Week Magazine, CNN, CNNFN, XM Satellite Radio, The Wall Street Journal, Telemundo International, National Public Radio and many other organizations. Robert Paisola is also an International Travel Writer and Certified Expert for magazines such as Conde Nast Publications and The National Geographic Society. His award winning investigative reporting articles have gained him worldwide recognition.

If you have a Providian Citibank, or American Express credit card in default or if you are receiving debt collector letters or if you are you being sued by Unifund CCR Partners, you may have a defense to the lawsuit and/or a claim against them.

Consumer advocate and credit/debt expert Bud Hibbs has information about Unifund Partners here. Indeed, Mr. Hibbs ranks Unifund Partners as the 4th worst debt collection agency in the United States.

Unifund feasts on the famine of others. As banks and lenders dump their delinquent consumer debt, Unifund and others happily buy it in bulk for pennies on the dollar. According to Collections & Credit Risk magazine, Unifund boasts one of the nation's biggest inventories of shaky money.

From its start in Dayton, Ohio, in 1986, Unifund has quietly become an economic force. It has 45 employees; clients as big as Citibank and American Express; and dealings with banks, retailers and law firms all over the country. Rosenberg also has a project going with hip-hop mogul Russell Simmons of New York, involving the issuance of more than 100,000 debit cards to low-income people.

With David Rosenberg as its majority owner, has clients as big as Citibank and American Express. Courtesy The Cincinnati Enquirer. Click here for the story

Just because a Unifund CCR Partners, sues you does not mean that they are automatically entitled to a judgment. They still have to prove their case, and you can have a trial, even a jury trial. The key is to answer their letters and threats and/or lawsuit in a timely manner. If you answer in time you can successfully defend your case. You may win money damages, and have a judgment in your favor entered stating that you owe nothing.

A lawsuit can be brought against Unifund CCR Partners for willful and intentional fraud and racketeering which will be prosecuted for at least treble damages for commercial injury pursuant to racketeering under Title 18, Chapter 96 of the U. S. Code.

Additionally Unifund does NOT have any evidence and/or testimony from ANYONE with personal, first-hand knowledge and sworn to under penalty of perjury as REQUIRED by the Federal Rules of Evidence 602 and 603.

As has been clearly and thoroughly evidenced in case after case, the alleged Claimant’s alleged legal representative, Unifund, continues to fail to file a PROPER and LEGAL “claim” UNDER ANY LAW.

What does the FDCPA’s requirement of “meaningful review” mean anyway? The court stated that “merely being told by a client that a debt is overdue is not enough.” Clearly, a lawyer must do something other than rely upon a client’s word. Some amount of research and review of the individual account must take place. Implicit in this case was the court’s

United States District Courts and Supreme Court Rulings in Mile High Industries v. Cohen, Rhode Island v. Massachusetts, Szetela v. Discover Bank, Toppings v. Meritech Mortgage Services, Inc., Doctor’s Associates, Inc. v. Casarotto, Vermont v. New Hampshire, Casteel vs. Clear Channel Broad., Inc., Fleetwood Enterprises, Inc. vs. Gaskamp, Stout vs. Byrider, Myers vs. MBNA America and North American Capitol Corporation, Georgia v. South Carolina, Hale vs. Henkel, Erie Railroad Company v. Tompkins, Trinsey v. Pagliaro and Adickes v. Kress & Co.

There are many other Procedures, Rules and codes that may be used against Unifund CCR Partners.

We have the answer, and all the documents and information your will need to defend yourself against Unifund CCR Partners at reasonable cost.

We have two options available for consumers who are being sued by Unifund CCR Partners. Whether you hire us or someone else, it is better to hire a lawyer than to go it alone.

Unifund Group Corp.

Does UNIFUND Change Dates of Last Activity on CRs?

Take a look (pdf file) » more.

Posted comments are from consumer emails. Personal information is redacted and some messages edited for brevity.

I come to the conclusion that our government ignores the outright violation of collection laws. The Federal Trade Commission receives hundreds of complaints on these mobster extortionist and they do nothing. Case law is vague concerning debt validation is anything the mobster chooses it to be. Often times they have no documents other then name address and social security number and phone. In yet these mobsters can lie, threaten and commit document
fraud and the courts pat the good ole boy mobster lawyers on the back and rubber stamp a judgment.

Bud you got pull. Please find out what the FTC has to say about this company and the hundreds of complaints it receives. The FTC needs to get to work and get Unifund shutdown.

I have researched them in 5 counties in New York with there pals Sharinn and Lipshie 99.9% WERE DEFAULTS HUM ???? BECAUSE OF Bogus affidavits of service and not doing there job legally I think when this happens the Y unifund and Sand L violate our civil rights for due process-- by the way i have them in federal court NOW

sharinn and lipshie failed to respond so i filed for default judgment against them will find out monday if unifraud files in time

Thought I would let people know that Unifund is know sending out fake prize mailers with the heading as "Electronic Telegram Xpress" with a phone number 1-800-364-0740. If you receive something like this don't bother to call it.

Unifund sent a letter saying I owed for a Citi card. I sent a request for validation via certified mail. No validation after 30 days. I am in the process of having a lawyer contact the credit reporting agencies to have all references to Unifund or this alleged debt removed from my reports. Here is something interesting, I checked the court records here for all cases involving Unifund. Not one person who filed a response and showed up for court lost! They only win when they get a default judgment! Dispute everything they send you and show up if they sue, you will win! Who else would like to research their local records and report back?

I had contact from Unifund ccr partners in California. I don't know who they are and have never had a debt from them. Before that it was a different amount and with another agency that I got off my credit because I did not know who these folks were either. I have a letter saying i never owed on this account. Now nearly 7 years later Unifund says they contacted me In august of 2005 and why don't I pay them 4300 dollars plus attorney and court fees. They won't listen to me and I am in another state and disabled and do not make enough money to pay these people especially when I don't know who they are or what they want. They say I have a debt with them since 2003.

I am thank-ful for your site and information especially on Unifund, they have ruined me terribly for an account that's ancient this is truly a time-barred debt they hit my credit report 2 times, am trying to purchase my first home--i have disputed the account sears), numerous times I've called, I have ask for validation of debt, never received anything from them--what else can i do

Unifund filed a judgment against me when I was on vacation in florida. I was never served any summons to go to court. They had my bank accounts froze.I owed citicard 4,500 and could not make payments do to a seperation with the mother of my children. When I contacted citicard to make payments they said it was sent to a collection agency. that was in 2004. Unifund got a judgment against me for 10,000.I had my attorney contact there attorney.thier attorney said they would accept 6,200.that was two days ago,now I have the funds and they say they will only accept 9,000. Now I have to file bankruptsy. I am probably going to lose my business. I cant even pay my child support now.

I just got a Credit Report and the date of last activity is correct 2004, BUT the date major Del. 1st report is 12/2006. Are they trying to be tricky? This is an old Bank One acct that has been passed around and never put on my CR but now these idiots are 2 1/2 yrs later. Oh, just noticed also they show "current status" as collection account, type is Open and what is "type of loan- factoring company account"? It was a credit card account. Also, they're using most of the old account number. And, the original account is on my report as well. Didn't think they can ding ya twice?! I'll be contacting Equifax on this one! Ya'll are the bomb! Yes, yes we are.

I just received in the mail a letter from The Law Offices of Laurence Hecker, located in New Jersey. It was in response to my letter to him requesting Validation of Debt for a First USA account that is 6 years old and way past SOL. It had an attachment, that was an Affidavit from a Kim Kenney at UNIFUND CCR Partners, Cincinnati, OH. It is an exact replica of the affidavit posted on your website for UNIFUND.

I find this quite amusing. I sent another letter by certified mail to Laurence Hecker's office, stating that he has failed to properly validate my debt in accordance with the Fair Debt Collection Practices Act. The law is invoked and the account remains in dispute. The first collection agency to try to collect from me on this account was Alliance One. They failed to verify my request of the debt. The next collection agency to try to collect on this account was Lake Valley Retrievals, San Diego, CA. They failed to verify the debt back in 2003 and now Laurence Hecker is trying to collect on this debt. I don't understand where UNIFUND comes into the picture. I have never received any notices of collection from them or calls. Never heard from them ever. Just thought I would pass this information along.

Oh by the way. Those that want to contact "Dave" personally can try to get to him through his website at http://www.david-rosenberg-unifund.com/abt.htm or perhaps the listed extensions..Ms Stimmel appears to be his first line of defense..her email at mrs@unifund.com

Unifund now has a website (www.unifund.com). I had a debt which had been resolved during a bankruptcy (never been there before and we won't be again). All of a sudden the company (Unifund) shows up on our credit report from Equifax. I called Equifax and was instructed to go on-line and file a dispute (on the Equifax site) which we did. Unifund responded to Equifax indicating simply the debt was ours. Equifax indicated we would need to call Unifund to resolve the problem. Doing so led us in a computer menu circle (unless you want to pay the amount indicated). We were told in the menu to go to their website to resolve the problem. It looks like they want additional information from us to update their records (current employer, current telephone, etc). We stopped before we made another mistake.

Thank you so much Mr. Hibbs for your web site. When I found I have been sued by Unifund (my company sent me a letter informing me that they received court order to submit all my documents) I Googled them and that's how I found your web site. I was lucky. Through your website I found a lawyer: Richard N. Groves, who didn't charge me for the first consultation. Unifund has never contacted me in any way. In Oct. or Nov. 2006 someone called me from Unifund's lawyers' office here in Arizona, Hameroff/Lavinsky Law, P.C., asking me to pay some bill in the amount of $968.36. In Dec. I received a letter from the same lawer's office with Unifund "statement" about my debt. In Febr. 2007 my company sent me that letter with court subpoena. When I went through my papers I found the original bill and letter from the creditor about last payment in the amount of $227.99 from 2003. There is no way that I owe almost $1,000.00.
Now, what I learn from Mr. Groves is this: do not ignore law suit; go to court and ask for all papers for your case (you have to have the case number) usual court fee is 0.50cents per pg, everyone can ask for documents; I called Hameroff/Lavinsky and ask them to serve me with papers as soon as possible so that I could response. I can't afford to hire a lawyer to represent me, but Unifund has to provide me with original contract between and my creditor, history of this debt (who first purchased this debt from original creditor and how and when Unifund purchased it), the original amount of debt. Unifund has to provide me with all of those information and I will exercise my right to ask for that. I'm not trying to avoid my debts. Actually for the last almost year and half I've been clearing my credit history and improved my credit score to more than 100 points. It is slow process but I believe it's worth it. I will never put myself in the position when some sneaky company like Unifund has right to sue me and I have no idea what's going on. I'm guessing that their strategy is to garnish my paycheck and collect the full amount which is enormously high.
EVEN IF YOU DO NOT HAVE ANY DOCUMENT TO PROVE YOUR DEBT, GO TO COURT, RESPOND, ASK FOR ALL ORIGINAL DOCUMENTS, original bill, contract and history of buying that debt FROM UNIFUND (or any other collection agency that sue you). I know it's time consuming but find a time; I know you are scared, but don't be, just because your were or are in bad financial situation, doesn't mean that you are a bad person and that you don't have any right. Use information from this website, other people experience and IF I CAN DO IT, YOU CAN DO IT TOO.
Thank you Mr. Hibbs one more time and good luck everyone!

Thank You so much Mr. Hibbs for your website and referring us to such a great lawyer. My husband was sued by Unifund on an old account that was just past the the stat. of limitations. We had not contact from this company until we got papers from their lawyers Hull and Assco. saying that the were going to sue us, and the lawyers fee were going to be about $4,000. They had us served at 11:00 p.m on a week night. I did not know what do, I just happened to find this website and was referred to a great lawyer in Houston that took our case and was very familiar with these scum bags. He had yet to lose a case when going to court with them. They can not ever come up
with the paperwork needed!!! We well got our great news today after this going on for months, they filed the paperwork and the case was dropped before the court date!!!!! SO FIGHT BACK DO NOT LET THEM WIN!!!!! Thank you again so much for the help!! KEEP FIGHTING BACK!!!!!! If you get sued please please get a lawyer, our lawyer had never lost a case against them!!!!!!

I have made some interesting findings on this Unifund bunch. Here in Arizona they have over 2280 lawsuits that have been filed mostly in just the last 2-3 years. Yet when you check for lawsuits filed in the largest counties, Maricopa County (Phoenix) or Pima County (Tucson), you find that there are exactly ZERO cases filed!! All their cases are filed in small municipalities throughout the state. In a lot of these they measure in the hundreds! The majority of the people they are going after might live in the Phoenix area or Tucson, but they are then sued hours away from where they actually live, in small towns like Nogales, Sierra Vista, Florence, Gila or Prescott. Larger towns like Flagstaff and Yuma also are used. But Nothing in Phoenix or Tucson! Perhaps these courts do not have time to deal with the likes of these scavengers. I am not sure if Unifund has a right to sue license that is required in this state, so I believe they partner with Collection type law firms who act on consignment with debt holders like Unifund. Then they blast hundreds of suits throughout the state excluding Phoenix and Tucson. There may be some pipeline arrangement going on...........Consider this entry from a blog web site entry from a lawyer, David Lippman in Tucson, AZ.. lawyerboston Member Posts: 38

We are a Tucson AZ based collection law firm. We are interested in either purchasing debt to work in the state of Arizona. We are also interested in partnering up with debt buyers that would like to place Arizona debt with us on a contingency basis. Over twenty years of collection background. We are very aggressive pursuing debtors statewide.

Please contact lawyerboston@msn.com

This is from a guy working with the David Hameroff Law/Collection firm down in Tucson. (who commonly works with Unifund. They all seem to work together.

Armed with the infamous Unifund Affidavit of Indebtedness which is Manufactured document, they try to scare people off. These people need to be challenged on everything. Do not let them get away with Anything!! Show up in court!! they are looking for people not to comply and then be given a easy judgment..I read somewhere where these (Unifund) lawyers are allowed to phone in to the court, instead of showing up. This must also be challenged....

Well, I received a notice from a "real" law firm in my home state stating that they were representing Unifund. They were trying to collect on a behalf of Unifund. I'm not stating the name of the law firm at this time because after sending the following letter after initial dispute of the debt, I've not heard from them at all. I want to thank you Bud for your informative website for dealing with creditors and the NACA lawyer that I also received some great advice from. The following is an excerpt from the letter I sent the law firm, I hope it helps others. Thanks Again !

This letter is in response to your letter dated 09-12-2006 (copy enclosed) of the above referenced account. After through review of the documents that you have presented to me and after receiving legal councel, I want to point out that in your firm’s initial contact with me dated 07-10-2006 (copy enclosed) concerning this alleged debt, your firm stated that I owed $8,476.37. After receiving your second letter dated 09-12-2006, with the documents that I requested (copy enclosed)<this was copies of the statements and a breakdown of all the charges>, the amount stated in that information concerning the alleged debt amount is only $6,165.30 (copy enclosed). I also want to point out that the date of the last activity (payment) on this account was on 11-11-2001 (copy enclosed).

These facts are very clear in the information that your firm has provided to me regarding the validity of this debt and since this all your firm is providing as proof...

I do not believe I owe what you say I owe therefore I dispute this debt. I have been advised of my rights under the Fair Debt Collection Practices Act (FDCPA) and my state laws so I hope to save both of us a great deal of time by letting you know that not only do I dispute the validity of this debt, I have also been advised that the Statute of Limitations for enforcing this type of debt (time barred) through the courts in the State of Delaware has expired. Therefore, should you decide to pursue this matter in court I intend to inform the court of my dispute of this debt and that the "statute of limitations" has expired. I have been also advised to counter sue for violation of the FDPCA and abuse of process.

This letter is your formal notification that I consider this matter closed and demand that you, or anyone affiliated with your firm, stop contacting me regarding this or any other matter except to advise me that your debt collection efforts are being terminated or that you or the creditor are taking specific actions allowed by the FDCPA or Delaware state laws.

Thanks once again to Bud Hibbs and his website, the information he gives really works!

I countersued these idiots and won $5k. Challenge them on everything. Don't let them walk all over you.

Aloha...Just hung up the phone w/ Don at Unifund. Refused my cash offer of original loan balance of 12000+ dollars to settle and fulfill my obligation. I am sending a note to Unifund indicating he refused to accept US funds to settle and to please take legal action. I am also going to dispute the validity of the debt and 50% interest he offers as a payment option on top of the principal balance. My credit is shot already. No sweat off my back. Still think I am responsible for my debt but not the additional 12,000 Unifund wants to pocket. Aloha.

UNIFUND IS ATTACKING WASHINGTON RESIDENTS - I received a summons from Unifund today stating that I need to respond to them within the next 20 days; the date of the summons is August 3rd;
They claim that I owe them over $2,000 against a credit card I have never heard about. There has been no attempts to settle this debt with me in the past, in fact I am not sure what this debt is even for.

The local lawyers filing this petition are Suttell and Associate P.S. Mercer island Washington, lawyers names
William Suttell Nicole Brodie Karen Hammer Isaac Hammer

I have had plenty of experience dealing with UNIFUND. They harassed me so bad I had to hire an attorney. They called my home, my business, and my place of employment. Once I hired an attorney the stopped all communications. They ignored calls and letters from my attorney. One year later they are suing me for $19K plus through a law firm in North Carolina. If anyone knows of a class action suit against UNIFUND count me in.

Unifund tried to sue me and even sent a convicted sex offender to my home to serve the papers! I had never had an account with the lender they were suing for! Thanks to Bud Hibbs I was informed on how to fight back. It has been six months and I haven't heard back from the bad guys.

Consumer sues regarding Unifund Filing Fake Documents in Court. Click on the link and read the story.

Marvin Dang is the law firm that UNIFUND CCR PARTNERS uses to sue clueless debtors. they have used poor judgment on their evidence. In my case, they do not have all the media to show (they possess 11 copies of statements out of 78 needed), they use a generic credit card agreement (wrong year printed). keep rescheduling court then hit you with a higher bill of debt even after they made promises to hold off all fees and penalties. They claim that is all the evidence they need to validate debt. After their request for summary judgment was denied, and the Judge cited Discovery Bank vs Owens (822 N.E. 2nd 869){MUST READ}. Sent us back to pre-trial to talk, I asked for trial.. now the plaintiff is calling me and wants to settle and have me pay $1000 (they were asking for $4500+legal fees). The only reason the Judge didn't dismiss the case, because he said there are still questions of fact and more room for discovery (media). That there still room to talk between parties. But Marvin Dang's lawyers will fail to do so after court OR play the used car salesman and switch lawyers on you. play the nice guy / bad guy routine. Here is a law firm to beware of!

Pure idiots...I countersued and WON!!!!Challenge all demands and make them prove you owe money...they can't!!!!

I am trying to gather information and too look for people to participate in a class action law suit against Unifund and possibly have them investigated for fraud and other crimes. If you think you are a victim please e-mail me at unifundfraud@hotmail.com. Please include the following: your name phone number & or email address information about your case including the disposition

Automatic Withdrawals of an account for which social security is the only deposit started as a nice Christmas present. 1/3 of the SSA payment is gone and 3 checks were returned as a result.

What have our legislators done to us? Any advice?

Bud Hibbs Staff Response: We have said over and over and over NEVER give your bank account information to a debt collector. They cannot be trusted. Unless you close the account, they'll take whatever they think you owe them. As for our legislators - they're only drunk with power. They'll sober up when we kick them out of office.- Maybe.

Agency Name: Unifund /Card Services Location: Spring City, PA Date: December 26, 2005

I am writing in this post here to find out about these scum suckers Unifund... I am a victim of ID theft and there is a company called Card Services that was on my credit but when I called them they informed me that the account was sold to these people. They have never reported on my credit yet but I expect them to at some point. I am already dealing with LVNV, Credigy, Asset Acceptance and NCO for some of these debts listed on my credit report. These bottom feeders are not reporting it nor did they ever contact me. I just wonder why thats all

Bud Hibbs Staff Response: Identity Theft is your problem, not ours, according to most collectors. All they see is a piece of paper that says you owe money and if they can get it from you, it becomes theirs. In their world, everyone could claim to be a victim of ID theft, so they assume everyone is lying.

Agency Name: Unifund /now using National Check Bureau Location: Illinois Date: 11-13-2005

I and others in Illinois are being sued by National Check Bureau. We are looking for others to join in a class action suit against them. Please email ncbfighter@auction-net.net.

Unifund has a new partner in crime to help extort money out of consumers in Georgia.

Danny R. Page of Pollack & Rosen P.C
3091 Governors Lake Drive, N.W.
Building 100, Suite 410
Norcross, GA 30071
Phone: 770-263-9869
Fax: 770-417-1884
Email: dannyp@pollackrosen.com

They are just as bad as Unifund and their old pals at Frederick J. Hanna & Associates. Treat them like the scum they are and challenge everything you get from Danny Page or any other attorney associated with Unifund and don't let them take money from you that you don't owe.

Agency Name: Frederick J. Hanna & Associates State: GA Date: April 17, 2005

I received a summons from my town court tonight which was delivered by a some guy in a t-shirt. It is regarding a credit account in which I fell behind on payments but the creditor would not work with me on a payment plan. The plaintiff is listed as 'Unifund CCR Partners' who I have never received a letter or phone call from before. I'm seriously concerned and confused because I remembered Unifund from your website as a credit buyer for pennies on the dollar but I also thought there were steps they needed to take before going forward with a suit. According to this paperwork I have 10 days to respond so I'm struggling for answers as to what I should do. Any information you can provide on this issue? Sincerely, <name withheld>

Bud's Response: Unifund likes to do this. What they are doing is trying to get a default judgment on you. They are hoping you do not answer the suit and the judge gives them a default decision. Don't let them get a default judgment on you. Visit www.naca.net and find a consumer attorney in your area to help you answer the suit. Once the suit is answered Unifund historically backs off it. Please understand that I am not an attorney and I am not giving you legal advise nor should you take my word for it. Find a competent attorney to help you make a decision about what to do.

Topic: Collections Law

Expert: Robert Paisola
Date: 9/13/2006
Subject: being sued by law firm for unifund/ccr

Question
after being served a summoms that i was being sued by a law firm in tuscon arizona for unifund for a credit card debt. the next day i filed an answer and have been researching ever since. didn't want to get a default judgement while i'm finding out more about my rights so i entered in the answer that the sol was over in june 2002 per last date of activity given by equifax. this was sept.7 2006. sept 8 i was at the courthouse to file this answer and sent ther required copy to the suing attorney the next day. the court requires some sort of arbitration in the next 90 days. if the sol has ran out is this necessary?. also this company sounds evil from what i've been reading so i want as little as possible to do with them. what about asking them for a copy of original agreement? is it too late since they filed suit already? any info you can give me to get legal help that won't cost a fortune? thank you for any help you can give me.

Get the answer below

Answer
Hello Karen,

Here is the deal. You have been sued by a very bad company that has routinely failed to obey the law.

We are in the middle of creating a class action lawsuit against UNIFUND and their various puppet attorneys across the nation.

Since you have been sued by this firm for Unifund, they laid the first card. So yes, you can demand all of the data to support the claim.

Do not miss a court date with them.

Go to my site at collection industry live and go to the NEWS section and do a search for the KEVIN KIM case in Hawaii.

Kevin is a great resource, and he has helped a lot of people in dealing with Unifund. I even flew to Honolulu to assist him. He won.

I will be doing a training in Mexico for the next week, and can help you when I return.

I will not charge you since it is against UNIFUND. We also have attorneys who are volunteering to assist in nailing this company.

The arbitration issue may be the big issue, as that means that the court will not hear the case until arbitration takes place. That is probably in the contract.

So, until I get back, spend time on our site and read all about past suits against unifund and listen to the calls. You are welcome to email me the documents and I will review them in detail.

You might want to call the Attorney for Unifund and refer him to this letter that I am writing you, and let him know that their lawfirm will soon be known all around the world, just like old Marvin SC Dang in Honolulu.

We will not tolerate this kind of bullshit from Unifund!

Do not worry.... All is good!

Thanks So Much, and please provide positive feedback!

Have a great day Karen!

Robert Paisola
Chief Executive Officer
Western Capital Financial Services and
The Success Training Network
www.mycollector.com
www.RobertPaisola.com

***** A TOXIC WASTE DEBT COLLECTOR! *****

David Rosenberg, 48, of Cincinnati, OH and the Unifund Group are arguably one of the worst debt collectors that has EVER come on the scene.

According to court papers, Rosenberg's outfit bought up old debts, some from 1990-1991, changed the dates of last activity and account numbers, then placed them into credit bureau files as current accounts. The ONLY thing I can equate this type of activity to is someone who would steal medicine from a senior, or a pharmacist who dilutes prescriptions so they can make more money.

He happily admits to paying 3-4 cents on the dollar to purchase old (usually worthless) debts from creditors, gambling that he can turn them into big profits. This is a scam usually perpetrated by debt collectors, to rip off consumers on money they do NOT legally owe.

Rosenberg's operation is enough to cause consumers to be leery of Unifund collection activities. Challenge every contact from Unifund. Make them validate their claims! If you discover they have changed your date of last activity, contact me.

Rosenberg and M&T Bank, Buffalo, NY developed the 'RushCard' a debit card costing users an annual fee and possible future nightmares of dealing with Unifund. (Which begs the question: Why would M&T Bank want to associate their name and reputation with Rosenberg & Unifund??)

Rosenberg takes advantage of those who can least afford it so he can continue his extravagant life style and pay for his toys, that include a Challenger 604 intercontinental jet. His lifestyle reminds me of the testimony heard during corporate criminal trials for former executives of Enron, Tyco, and Martha Stewart.

Unifund & Rosenberg won't be around much longer under those conditions, as changes to the laws and aggressive consumer attorneys can put him out of business and perhaps in jail, for extorting monies that are not legally owed.

I don't like Unifund or David Rosenberg. I would NEVER trust him and think consumers should trust my information. Rosenberg and his "RushCard" are not helping anyone, but Rosenberg and his friends. His collection activities have only opened old wounds and in some cases have had consumers pay debts that may no longer be legally owed. His past dealings send a clear signal that when Unifund operates, a LOT of people will be hurt.

The red flag is flying for Unifund for ALL consumers to stay FAR away!

Don't be surprised if you notice the date of last activity on your credit report, as stated by Unifund is WRONG! If you never resumed making payments, the law states it MUST be the same as the original creditor.

(If this is your experience, you might wish to visit the professionals at www.myfaircredit.com )

Contact me if you need assistance in dealing with a 'date of last activity' that may have been changed on Unifund accounts appearing on your credit reports.