ComplaintsforCapital Management Services, LP

• Initial Complaint

  12/17/2022

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  I received a letter from Capital Management Services, LP dated 10/31/2022 accusing me of owing an allege debt. On 11/11/2022 I submitted a complaint through CFPB attaching my debt validation and request to stop all communications dated 11/8/2022. On 11/17/2022 I recieved a letter from Capital Management Services, LP along with pages of an allege account statements. Capital Management Services, LP is violating my rights under FDCPA and the FTC- Gramm-Leach-Bliley Act by having my personal private information without my consent, contacting me without my consent, accusing me of owing an alleged debt, continuously harassing me after I told them that I didn't want to receive any communications or correspondence, sending me false and deceptive statements with my name and address, sending me correspondence with harassment and accusing words of "Our representatives are trained to offer assistance regarding this obligation" also stating "For payment arrangements or account inquiries, please call Capital Management Services, LP (877)218-9024, also stating "Should you wish to discuss the manner in which your account has been handled, please call..." I do not have an account with Capital Management Services, LP nor did I sign any contract or agreement with Capital Management. I've never had not one contact or communication with this company a day in my life and they just randomly send me a letter accusing me of an alleged debt. This company is conducting deceptive and bad business practices by not providing me with any verifiable proof of the alleged debt and continues to cause me harm by harassment, coercing, misleading and deceiving me into paying them money for something I don't owe. They are stressing me and my family, causing me emotional and mental distress damages and defaming my character.

  Business response

  12/29/2022

  December 29, 2022 Better Business Bureau 100 Bryant Woods South Amherst, NY 14228 Attn:    ******, Complaint Handler Re:       ******** **   **** ******* ******** Dear ******: Capital Management Services (“CMS”) is in receipt of your recent correspondence regarding ******** *.  It is our understanding that Ms. *. claims that she has no contract with CMS, that she is being harassed and that CMS has failed to provide information demonstrating that the debt it is attempting to collect is hers.  Ms. *. believes she is entitled to monetary compensation for what she believes to be violations of the FDCPA, including having her contact information without her permission. On October 29, 2022, an account (ending in 2645) was placed in our office by our client, ********, ****, with the name ******** *.  On October 31, 2022, pursuant to Federal law, our office sent Ms. *. a letter, advising her of her right to request validation of the debt.  On November 11, 2022, our office received a complaint from Ms. *. via the CFPB, to which she attached a copy of her November 8, 2022 letter to our office requesting verification of debt.  On November 17, 2022, our office received information from ******** to validate Ms. *.’s obligation regarding the account in question.  This material was forwarded to Ms. *. that same day.  Therefore, CMS denies that it failed to provide verification of debt. Ms. *. states that she has received “false and deceptive statements” from our office.  Please be advised that the above-referenced dunning notice is the sole correspondence our office has sent Ms. *. attempting to collect the debt.  All other communications were made in direct response to Ms. *.’s own inquiries (responses to her previous CFPB complaints against CMS and ******** and to her request for verification of debt).  Please be further advised that a collection agency does not need permission from a consumer prior to being provided with personal information that will assist with collecting on a debt.  CMS denies it has violated the FDCPA, nor has it engaged in any behavior that would reach the level of harassment. For that reason, we will not be responding to Ms. *.’s demand for monetary compensation. Upon receipt of Ms. *.’s second CFPB (received in our office on 12/19/22) complaint, our office coded Ms. *.’s account as cease and desist. Ms. *. will receive no further contact regarding this placement of her account in our office; however, it is possible that Ms. *.’s account will be placed with our office in the future. I trust this response will satisfy your request.  Should you have any further questions, please do not hesitate to contact me at the number referenced above. Sincerely, Cory R. M******* General Counsel  

  Customer response

  01/14/2023

  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,  ******** *****  Communication with the consumer from a debt collector generally needs the express permission of a court of competent jurisdiction. CMS did not have permission from the court nor did they provide me with proof of one before contacting me. CMS also didn’t provide me with the letter of sale or assignment showing proof they have the right to have my personal information.  

  Business response

  01/18/2023

  It appears that Ms. * is mistaken regarding the law.  A debt collector does not need express permission of a court of competent jurisdiction prior to communication.  The FDCPA spells out how a debt collector may contact a consumer in regards to a debt.  Our company followed all rules as set forth by the FDCPA.  There is no section of the FDCPA that also requires a debt collector to provide a consumer with a letter of sale or assignment showing proof that they have the right to a consumer's personal information.  

• Initial Complaint

  11/18/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  This debt collector has called my work and myself leaving messages threatening an arrest if a debt is not paid. The debt referenced was paid and I have bank statements to prove that. They claim that my statements are not enough proof. They have threatened court action, arrest, to contact my family and work. When calling my work, they left a message with personal information with my supervisor. When I call to speak to someone they claim that they are not required to send me any proof of a debt owed and expect me to pay them anyway. I have called and let them know that if they contact my work, myself or anyone associated with me again, I will take legal action against them.

  Business response

  11/22/2022

  November 22, 2022
  
  Better Business Bureau
  100 Bryant Woods
  South Amherst, NY 14228
  
  Attn:    ******, Complaint Handler
  
  Re:       ****** **
    File Number: ********
  
  Dear *******
  
  Capital Management Services, LP (“CMS”) is in receipt of your recent correspondence regarding ****** *. It is our understanding that *** ** has received collection calls regarding an unspecified debt, and that she has been threatened with arrest and court action, and has had personal information provided to her employer.   *** ** believes the calls were made by CMS. 
  
  Upon investigation of this complaint, it is our belief that *** ** has filed a complaint regarding the wrong company.  Capital Management Services, LP is a Delaware Limited Partnership with its principal place of business in Buffalo, NY.  We were unable to locate any active matter in our office under the name ****** *., nor were we able to locate her phone number or address in our system.  While we are aware of several other companies with names similar to Capital Management Services, LP, CMS does not sue, nor does it engage in or condone the type of collection activity described in *** **’s complaint.  Further, CMS always provides written notification of any account in its office.  While we understand *** **’s frustration at the calls she states she has received, they were not made by Capital Management Services, LP.
  
  Should *** ** have any further concerns or questions regarding Capital Management Services, LP, please have her contact our Compliance Department at [email protected]. 
  
  I trust this response will satisfy your request.  Should you have any further questions, please do not hesitate to contact me at the email address referenced above.
  
  Sincerely,
  
  
  Cory R. M*******
  General Counsel 

• Initial Complaint

  10/11/2022

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  I currently do not have ANY outstanding debt that is in collection. Theses people have been calling me 4 to 5 times a day for the last 3 months. I have gotten no response as to why they’re calling. I have tried call blocking but they just change the phone number the next time they call. I would like to turn them over to the fcc or ftc for harassment.

  Business response

  10/11/2022

  Capital Management Services, LP (“CMS”) is in receipt of your recent correspondence regarding ******* B. It is our understanding that Ms. B. states that she has been receiving four or more calls to her number from our office per day and that her efforts to find the reason for the calls have gone unnoticed.  Ms. B. would like no further calls.Upon investigation of this complaint, it is our belief that Ms. B. has filed a complaint regarding the wrong company.  Capital Management Services, LP is a Delaware Limited Partnership with its principal place of business in Buffalo, NY.  We were unable to locate any active matter in our office under the name ******* B, nor were we able to locate her number in our system.  Further, we ran a call report for both inbound and outbound calls from/to the number in Ms. B.’s complaints and were shown that we neither made any calls to, nor received any calls from, the number in Ms. B.’s complaint.  Finally, our system would not allow for a single phone number to be dialed the number of times Ms. B. claims she is being called each day.  Ms. B. does not state in her complaint what number(s) she is receiving calls from, nor why she believes them to be from Capital Management Services, LP.  Nonetheless, we have taken the precaution of adding Ms. B.’s number to our Do Not Call list.  While we understand Ms. B.’s frustration at the calls she states she has received, we are confident that they were not made by Capital Management Services, LP.Should Ms. B. have any further concerns or questions regarding Capital Management Services, LP, please have her contact our Compliance Department at *************************************.  I trust this response will satisfy your request.  Should you have any further questions, please do not hesitate to contact me at the email address referenced above.Sincerely,Cory R M******* Cory R. M*******General Counsel 

• Initial Complaint

  09/14/2022

  Complaint Type:

  Billing Issues

  Status:

  Resolved

  More info

  I've been making payments to Capital Management Services, LP since September 30, 2019 online and was always mailed a "payment receipt". I noticed April 2022, I have still been making payments to my account but have not received any receipts. I called and reported this issue to Capital Management Services, LP indicating that I have not received a payment receipt since the month of April 2022. The representative ignored my request for receipts and transferred my call to **** ** *******, who then told me they have nothing to do with this account. If I continue to make payments, I strongly believe it is by law they should mail out receipts.

  Business response

  09/22/2022

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

  Customer response

  09/23/2022

  I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me.  Regards, ***** ******  

• Initial Complaint

  07/28/2022

  Complaint Type:

  Billing Issues

  Status:

  Resolved

  More info

  I had canceled a bank account and that bank account still got charged after I had canceled it. The account went negative and Capital Management took it over. They decided to settle with me for an amount near $850. A one time payment of $200 followed by the rest a few days later. The $200 was charged but the remaining amount was never withdrawn. I set up the payment a second time to come out on a specific date and it wasn’t withdrawn again unbeknownst to me. I have since been contacted in the last week about resolving this account nearly 60 days after my first attempt to do so. I was told my settlement had expired because too much time had passed. I had to get a new offer of $760. Which is now being divided into two payments over the course of the next month. These payments have come unexpected and put me in a bind. I am also worried that these payments won’t come out in time and I will be left in the same situation and my account still not resolved. I feel wrongfully punished for the money not being withdrawn when it was supposed to be. And now I have to pay more than the original agreed upon amount due to their error. They waited until the last minute to tell me and then all at once, unsolicited, contacted my family members as well. It has been a frustrating process.

  Business response

  08/11/2022

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

  Business response

  09/07/2022

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

  Customer response

  09/08/2022

  I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me.  Regards, ***** ****  

• Initial Complaint

  06/14/2022

  Complaint Type:

  Billing Issues

  Status:

  Resolved

  More info

  Capital management calls me every day. Today they tried to call me 4x. Thanks to my call blocker. I told **** *** to waiver the charges and not send to collections because I am struggling financially and have health issues and big medical bills to deal with. They said they would honor my request and they did not. I will fill charges this if this harassment continues. I am not rich. I am poor. How do you expect people to have thousands of dollars to pay such collections bill. Greedy money thief.

  Business response

  06/22/2022

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

  Customer response

  06/22/2022

  I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me.  Regards, ******* *******

• Initial Complaint

  05/20/2022

  Complaint Type:

  Billing Issues

  Status:

  Resolved

  More info

  On May 10, 2022, Capital management sent me a letter of a balance of 1229.51. I dont owe a balance of 1229.51. I have not applied for any credit to a ******** that capital management say I owe too. I called and talk to one of the rep and I kept getting the runaround so I decided to file a compliant. I am asking capital management to cease and desist all collection activities and don't call me. If capital management put the debt on my credit report then I will contact the Federal Trade Commission and report the company. I am also disputing the debt cause I have not applied for any credit for a ******** card. I have a fraud alert on my credit report and someone is applying for credit in my name. So once I told Capital management that , they gave me a hard time and got the runaround so I decided to file a compliant.

  Business response

  05/30/2022

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

  Customer response

  05/31/2022

  I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me.  Regards, ********* ***

• Initial Complaint

  02/07/2022

  Complaint Type:

  Billing Issues

  Status:

  Resolved

  More info

  2022-2-7: Received an automated phone call with no information pertaining to it being an attempt to collect a debt but included the threat that I could be sued in court. The agent, when I finally got to one, asked how to direct my call. I said i don't know because they had called me. She accepted "ok" and "sure" as verification that I was the person they were attempting to contact. Debt was from a consolidation loan from 2006. I informed her that this was an illegal attempt to collect debt and to not contact me again. I then called back several times to find out what the actual company was, I was hung up on repeatedly and then I believe my number was blocked in their system. I called from a different number and she finally gave me the company name, Capital Management Services.

  Business response

  02/08/2022

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

  Customer response

  02/09/2022

  I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me. 
  
    
  
  
  
  

• Initial Complaint

  01/27/2022

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  I have received multiple calls from cms stating that I owe them money for a debt by a loan company I do not have a loan with. Each time it has been a different amount and each time I ask them to send hard copy proof to my address to prove the debt. They say we have sent plenty and this is it you better pay or we will sue. They are extremely rude and do not even act like civilized people on the phone. They also have called my dad saying he would be sued if I didn't pay as well. This company has done nothing but harassment towards me and and I want it to stop.

  Business response

  02/03/2022

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

  Customer response

  02/09/2022

  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. Hello this is the website they gave me along with the number they called me from and the address that was given to me. ****************************** ******** Capital Management Services, LP *** *** * ***** ****** Buffalo, NY 14206  Regards, ****** ********

  Business response

  02/09/2022

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

• Initial Complaint

  11/08/2021

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  Capital Management Services continues to harass me. There are numerous amounts of calls with no messages left. I have told them that I do not owe CMS any monies for any debts. Similarly, I have never signed or agreed to borrow any type of assistance nor credit from this agency. I want CMS to stop calling and harassing me. Furthermore, I want CMS to remove any negative information posted onto my credit reports immediately. As I have stated before, I have never signed a contract or agreed to any debt this company is referring to. Attached you will find calls made by this company utilized illegal and unethical methods as described by the Fair Credit Act. I will also report this to the FTC IMMEDIATELY.

  Business response

  11/30/2021

  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. ↩