ComplaintsforCapital Management Services, LP

• Initial Complaint

  09/16/2024

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  letter stating that I have an unsettled debt which i dont have an account for

  Business response

  09/25/2024

  The business has responded to the complaint however has requested that their response not be published.

• Initial Complaint

  08/30/2024

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  The company keeps harassing and calling my number. I do not owe anything to anyone. I keep up with my credit but they keep calling me every single day.

  Business response

  09/12/2024

  Dear Kevin: Capital Management Services (“CMS”) is in receipt of your recent correspondence regarding ******** *********.  It is our understanding that Ms. ********* has been receiving calls from our office on a regular basis.  Ms. ********* further states that she has no matters in our office for collections. Upon review of this complaint, our office searched its system for any matter that may be associated with the number provided in Ms. *********’s complaint.  We were able to locate one matter with which her number had, unknown to our representatives, been incorrectly associated.  We sincerely apologize to Ms. ********* for the inconvenience and assure her that we have removed her number from our system.  To further ensure that Ms. ********* is not disturbed by future calls, the number has also been placed on our Do Not Call list.  Ms. ********* will receive no further communications from our office, and we thank her for bringing this matter to our attention. I trust this response will satisfy your request.  Should you have any further questions, please do not hesitate to contact me at **************************************  Sincerely, Cory R. M*******Cory R. Magnuson, Esq. General Counsel  

• Initial Complaint

  07/27/2024

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  I am filing this complaint against Capital Management Services, LP, a third-party debt collector, for engaging in unlawful debt collection practices in violation of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq. Capital Management Services, LP is attempting to collect an alleged debt for which I have no contract or agreement with their company. Details of the Issue: No Valid Contract: I have never entered into any contract or agreement with Capital Management Services, LP. They are attempting to collect an alleged debt that I purportedly owe to ******** Bank Delaware. There is no privity of contract between myself and Capital Management Services, LP. Cease and Desist Letter: On July 22, 2024, I sent a formal cease and desist letter to Capital Management Services, LP, pursuant to 15 U.S.C. § 1692c(c), instructing them to cease all communication and collection activities immediately. Despite this, they have continued their collection efforts, which is a clear violation of the FDCPA. Misleading Representation: Capital Management Services, LP has engaged in false and misleading representation in connection with the collection of this debt, violating 15 U.S.C. § 1692e.

  Business response

  07/30/2024

  
  
  Capital Management Services, LP (“CMS”) is in receipt of your recent correspondence regarding ****** *********.  It is our understanding that Mr. ********* believes that CMS is illegally attempting to collect on a debt as he never entered into a contract with it.  Mr. ********* would like for CMS to cease and desist from any further collection efforts.
  
  On July 16, 2024, a matter was placed in our office by our client, ******** **** ******** (“********” for a past due account (ending in 2528) with the name ****** *********. On July 18, 2024, as required by Federal law, an initial dunning notice was mailed to Mr. *********, advising him of his right to request verification of debt. To date, we have not had an opportunity to speak with Mr. ********* regarding this matter.  However, on July 26, 2024, our office did receive correspondence from him, in which he requested that CMS cease all collection efforts on the account.  Upon receipt of this correspondence, our office coded Mr. *********’ account for cease and desist.  The account is now closed in our office and returned to its owner, ********.  Mr. ********* will receive no further communication from CMS regarding this matter.
  
  In his complaint, Mr. ********* claims that he has no contract with our office and that, for this reason, CMS’ collection efforts were in violation of the law.  Please be advised that, under the FDCPA, there is no requirement that a debt collector have any contract with a consumer (Mr. *********) in order to pursue any matter for which it is performing collection services.  CMS’ collection efforts were made in the normal course of its business with ******** **** ********.  It is therefore not in violation of any law or statute.
  
  I trust this response will satisfy your request. Should you have any further questions, please do not hesitate to contact me at **************************************
  
  Sincerely,
  
  Cory R. M*******
  
  Cory R. M*******, Esq.
  General Counsel 

• Initial Complaint

  07/25/2024

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  This account for collections agency Capital Management Services has access to information that I didn’t authorize. I have no business dealings with this company and it’s on behalf of ******** **** ** ******** who sold my information. It is not reflecting collections on my credit report but I have proof that this is collections and illegal according to 15USC-1681 unfair to be sold to collection by the original creditor. They are not reporting collections like they should I want this account deleted from all 3 bureaus. I have attached proof of collections because the original debtor is not reporting this account collections so I can’t have it removed and that’s not legal practice to do so.

  Business response

  07/30/2024

  
  
  Re:       Stephanie *********
  Matter Number: ********
  
  Dear *****:
  
  Capital Management Services (“CMS”) is in receipt of your recent correspondence regarding ********* *********.  It is our understanding that Ms. ********* believes that CMS purchased the ******** ******* Rewards Earner Card account in our office for collection.  Ms. ********* further believes that, as CMS owns this account, it, rather than ********, should be referenced on her credit bureau report.  Ms. ********* would like this account removed from all of the credit reporting agencies.
  
  On March 5, 2024, an account was placed in our office by our client, ******** **** ******** (“********”), with the name ********* *********.  On March 7, 2024, as is required by Federal Law, our office sent Ms. ********* a letter advising her of her right to request validation of the debt.  On May 12, 2024, our office had an opportunity to speak with Ms. *********, at which time possible repayment plans were discussed.  Our representative advised Ms. ********* that CMS was authorized to accept a “settlement” of the account, i.e., payment for less than the full balance in order to close out the matter.  Ms. ********* stated that she would rather pay in full, as that would look better on her credit report.
  
  On May 14, 2024, our office again had an opportunity to speak with Ms. ********* when she called and inquired as to the possibility of a settlement on the account.  While our representative provided details of what was available, Ms. ********* stated that she would accept a settlement in exchange for CMS’ agreement to delete the account from her credit report.  Our representative advised that that was not something that could be done, as ******** was the owner of the account and was therefore ultimately responsible for credit reporting.  Ms. ********* then ended the call.  Shortly thereafter, Ms. ********* again contacted our office, this time requesting to speak to a supervisor.  After being transferred to the Manager of the ******** portfolio, Ms. ********* repeated her request that the account be removed from her credit bureau report, acknowledging that she had previously been told it was not possible.  The Manager again explained that CMS could not do this.  Ms. ********* then asked if he would contact ******** on her behalf and inquire as to same.  It was explained that this could not be done.  Ms. ********* again terminated the call.
  
  Minutes later, our office received another call.  This time, Ms. ********* refused to identify herself, demanded to know why she had received a letter from us and why ********, rather than CMS, is reporting the account on her credit report.  She then asked how it was that we came to have her information.  Our representative noted that Ms. ********* had just spoken to his Manager and asked if she would like to be transferred.  Ms. ********* refused, stating that she never agreed to anything with our office and that she had no idea why we would be asking for money on behalf of ********.  We note that, on all prior calls Ms. ********* engaged with our representatives, had been advised several times that CMS was collecting on a debt on behalf of ********, and expressed no curiosity as to why CMS would have her information. 
  
  Please be advised that, under the Fair Debt Collection Practices Act (“FDCPA”), a debt collector is not obligated to obtain permission from a consumer (Ms. *********) in order to receive any account or contact information from a creditor (in this case, ******** **** ********) for which it is performing collection services.  CMS obtained Ms. *********’s information in the normal course of its business with ******** **** ********.  It is therefore not in violation of any law or statute.  Further, CMS is a third-party debt collection agency.  It does not own any account in its office and does not report to any of the credit reporting agencies.  As Ms. ********* was previously advised, her account is owned by ******** **** ********.  Should she wish to discuss the manner in which this account is being reported, she may contact ******** directly.
  
  I trust this response will satisfy your request.  Should you have any further questions, please do not hesitate to contact me at **************************************  
  
  Sincerely,
  
  Cory R. M*******
  
  Cory R. M*******, Esq.
  General Counsel  

  Customer response

  07/31/2024

  Better Business Bureau: I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below. Regards, The letter I received in the mail is a collection letter and I have asked them to Validate the Debt. I never agreed to settle because  I don’t have any binding contract with this company. I know my rights and this company is hiding not showing on my credit report as a collection account but they are harassing me like one. If this account is in collections and they say I owe why is it not showing on none of the 3 bureaus as a collection account?. Under the law Fair Debt Collection Practices Act, 15 USC 1692g you cannot collect on a debt with having and providing proof of the debt. I run a 3 bureau report monthly and Capital Management Services not listed in collections.Please provide,1. A copy of the original contract with signature2. A copy of payment history3. Name and Address of the original creditor4. Proof of collections authorizationPlease have this company provide me with proof of their claim or delete from my credit report and cease all communication. It’s the law. 

  Business response

  08/01/2024

  :       ********* *********Matter Number: ********Dear *****: Capital Management Services (“CMS”) is in receipt of your recent follow-up correspondence regarding ********* *********.  It is our understanding that Ms. ********* is dissatisfied with our response to her prior complaint, that she has requested verification of the debt.  Ms. ********* states that if this is not received, CMS must remove this account from her credit report.  As stated in our previous response to Ms.  *********’s previous complaint, on March 5, 2024, an account was placed in our office by our client, ******** **** ******** (“********”), with the name ********* *********.  On March 7, 2024, as is required by Federal Law, our office sent Ms. ********* a letter advising her of her right to request validation of the debt.  Until receipt of this follow-up complaint, CMS is not in receipt of any such request from Ms. *********.  Nonetheless, our office has now coded her account for verification of debt.  We will request the information necessary to respond to this request from the account owner, ********, and will forward same to Ms. ********* upon its receipt.In her updated complaint, Ms. ********* states that she did not agree to any settlement with our office.  We note that our previous response indicates only that a settlement was offered to Ms. *********, not that she had agreed to any arrangement with our office.  However, Ms. ********* again states that she has no contract with our office.  We again reiterate that, under the law, there is no requirement whatsoever that a debt collector enter into a contract with a consumer prior to attempting to collect on a debt.  Further, there is no requirement that a debt collector provide proof of debt prior to engaging in collection activity.  As referenced above, we have now coded Ms. *********’s account for verification of debt.  Until such time as our office has provided same, all collection efforts have ceased on Ms. *********’s account. Finally, with respect to Ms. *********’s statement regarding her credit bureau report, we reiterate that CMS is a third-party debt collection agency.  We do not purchase debt and do not own any account in our office. We do not engage in credit reporting of any kind.  As Ms. ********* was previously advised, her account is owned by ******** **** ********.  Should she wish to discuss the manner in which this account is being reported, she may contact ******** directly.I trust this response will satisfy your request.  Should you have any further questions, please do not hesitate to contact me at *************************************.  Sincerely,Cory R. M*******Cory R. M*******, Esq. General Counsel  

  Customer response

  08/02/2024

  Better Business Bureau: I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.  I would like CMS to get in contact with ******** since they say they were only hired to collect and they didn’t buy this account. What is the end game for ******* hiring CMS to collect? It clearly states on my credit report charge off with a balance so how is CMS just a third party? Is my question? ******* has clearly washed there hands and turned this over to CMS. I’m asking that CMS get in contact with ******* and have them bring the balance to $0 or remove the negative balance because they shouldn’t have a balance on a charge off account. This is ******** way of trying to hold this debt and pretend this is not in collections when it truly is.  This is not best practice and I see a lot of companies doing this now! Have CMS contact ******* because they won’t be able to validate it at all, so remove the negative balance and bring it to zero or I will pursue this further!  Regards, ********* *********

• Initial Complaint

  07/23/2024

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  I am not liable for this debt with ******** ********** account from ******** N.A. . I do not have a contract with Capital Management Services L.P. . They did not provide me with the original contract as requested and they are not authorized to collect debt in my state. Continuing to report this debt on my report is a violation of the Fair Debt Collection Practices Act (FDCPA) and my consumer rights.

  Business response

  07/29/2024

  The business has responded to the complaint however has requested that their response not be published.
  

• Initial Complaint

  06/17/2024

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  Dear BBB, I am writing because I'm having a situation with Capital Management Services. **** ** ******* has charged and written off $2021 and refuse to give me 1099 Cancellation of Debt form or Original Purchase Agreement . I was advised that it was at the Banks discretion. I have disputed the authentication of the Debt also .**** ** ******* gave my information to another company Capital Management Services ( A third party company). 15 USC 1681 and Validation of Debt . The account is not Mines and I ask them to Validate the debt and they can't . I am not liable for the debt with Capital Management Services . I do not have a contract with Capital Management Services . They Did not present me with the Original Purchase Contract as requested.

  Business response

  06/26/2024

  The business has responded to the complaint however has requested that their response not be published

• Initial Complaint

  06/11/2024

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  ******* ******** *** ******** **** ** ********** **** **** ********* ****** ******** ****** *** ***** ***** ****** ***** *********** ** ***** Recently, I did investigation on my credit report and found several items on there to be inaccurate. Under 15 U.S Code 1681e (b) Accuracy of report Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. 15 U.S Code 1681i(5) Treatment of inaccurate or unverifiable information(A)In general If, after any reinvestigation under paragraph (1) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or cannot be verified, the consumer reporting agency shall—(i)promptly delete that item of information from the file of the consumer, or modify that item of information, as appropriate, based on the results of the reinvestigation; and (ii)promptly notify the furnisher of that information that the information has been modified or deleted from the file of the consumer. Please remove the following items from my credit report immediately : **** ** ******* **** **** **** **** 

  Business response

  06/21/2024

  Capital Management Services, LP is in receipt of your recent correspondence regarding ******* ********.  It is our understanding that Mr. ******** is concerned that the **** ** ******** ***. account (ending in ****) previously in our office is being reported on his credit report.  Mr. ******** further states that, as he disputes the debt, CMS must remove the account from his credit report. On April 4, 2020, August 5, 2020, April 16, 2021 and October 5, 2022, two accounts (ending in **** and ****) were placed in our office by our client, **** ** ******** ***., with the name ******* ********.  On April 6, 2020, August 7, 2020, April 18, 2021 and October 7, 2022, CMS sent a debt validation notice (a/k/a dunning notice) to Mr. ******** for each account advising him of his right to request verification of the debt pursuant to Federal Law.   Although our office did have the opportunity to speak with Mr. ******** regarding this matter, it was not made aware of a dispute.  On February 2, 2023, the last placements of these accounts were recalled from our office and returned to **** ** ******** ****  CMS is no longer servicing either account. While we understand that Mr. ******** would like for the account ending in **** to be removed from any credit bureau reporting, please be advised that CMS is a third party debt collection agency.  As such, it does not own any account in its office and does not credit report.  Should Mr. ******** wish to discuss the manner in which this account is being reported, he may contact **** ** ******** **** ******** ** *************  I trust this response will satisfy your request.  Should you have any further questions, please do not hesitate to contact me at ************************************** Sincerely, Cory *. M******* Cory *. M*******, Esq. General Counsel 

• Initial Complaint

  05/29/2024

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  I received a phone call from this business. I answered and was immediately sent to a gentlemen who asked “ how did you get to me?” I responded I do not know. He preceded to tell me I owed money and needed to pay. I asked for what? He said they sent me something in mail. I stated I did not receive and asked to please send again. He began to scream at me. I said how can I pay without knowing what it is. He begin to become very rude and stated you will not talk over me. He threatened to harm me with illegal actions and stated we will see what a judge says. I told him this call and his rudeness was being recorded and that’s when he made reference to a judge. At that time he said this is a cease and desist. It was this company who once called me also and a women told me I committed a crime. I called back trying to get information on debt they are claiming and she told me I should not be talking to them and they should not talk to me.

  Business response

  05/29/2024

  The business has responded to the complaint however has requested that their response not be published

• Initial Complaint

  05/14/2024

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  I am a victim of fraud and I am not liable for this debt and I need this charge off removed from my account now, due to citi bank selling my collection to Capital Management Services L.P. and it doesn’t show that on my Credit Report. It still shows as a charge off under ********* **** although this account was open fraudulently I need it completely removed with an updated credit report stating I owe Capital Management Services L.P. although I’m disputing Capital Management Services L.P. due to being a victim of fraud and having no knowledge of this account, and not having a contract with this collection agency, I did not sign a contract stating I will pay them or owe any money.

  Business response

  05/24/2024

   The business has responded to the complaint however has requested that their response not be published.

• Initial Complaint

  04/10/2024

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  I am not liable for this debt with ******** ****, I do not have a contract with Capital Management Services, LP, They did not provide me with the original contract as I requested

  Business response

  04/12/2024

  The business has responded to the complaint however has requested that their response not be published

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩