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Legacy Management Group out of Corona California - anyone ever deal with them?


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This isn't my problem, but through the bonds of love and by virtue of my willingness to problem solve, it has become my project.

 

My boyfriend is from Ohio - moved here to MD in 2012.  He was unemployed for a long time in OH, didn't deal with a number of things, now is putting his financial world back together. 

 

US Bank charged him a bunch of fees for being overdrawn, was unable to collect, then sold the account in 2009 to United Credit Recovery.  

 

United Credit Recovery gave up and sold the debt to a junk debt buyer at some point and this is where the story gets interesting.

 

This junk debt buyer started calling my boyfriend on a cell phone that is in my name and on my family plan.  Not sure where they got the number and if they were actually spending some money investing in skip tracing, why haven't they tracked it back to me?  Also, he isn't in hiding - we are on our second lease together, so if they'd actually pulled his credit report or driver's liscense records they'd have found a current address. 

 

The messages they left indicated they planned to file suit. 

 

I did some research regarding statue of limitations on debt and what constitutes harassment, etc.  I encouraged him to call Legacy Management Group and find out some detail regarding validation, who the attorney was, how much the account was for etc.

 

He spoke to a "Carl Davis"  (google that and "legacy management" and you hit on a recent report of harassment on another community forum) who couldn't answer any of his questions regarding who would be serving him or where - just that there was going to be a "summons."  "Carl" did give him the details on the paper trail for this debt, which was originally about 800.00 and now is 2036.00 and was purchased from United Credit Recovery.  The bank charged this off in 2009.  This worries me - SOL issues.

 

The address that "Carl" gave him was to a rental PO box inside a UPS Retail store. I found this out via google earth and by calling the number of the UPS retail store and asking them questions about PO box rentals.   I also did some internet hunting - can't find anything about this Legacy Management Group, except online complaints. They are not licensed anywhere that I can tell - and certainly not in MD where we live.   I called the number from my phone and spoke to the receptionist, telling her that this number keeps appearing on "my 12 year old son's cell phone, but since he erased the messages, I'm worried he is into something he shouldn't be.....  like PORN."  

 

The receptionist identified the company as "first distribution services" AND "Legacy Management Group" and said it was a law office. 

 

My boyfriend called back on Thursday last week.  First we informed "Carl" that we were recording the call, which we were.  He acknowledged this - didn't refuse to be recorded - and then when my boyfriend asked for the corporate office address, that he wasn't comfortable sending anything to this UPS retail store, "Carl" freaked out and accused my boyfriend of threatening him. I think "Carl" forgot he was being recorded, since there are no threats on our end.  When my boyfriend got "Carl" calmed down, my boyfriend asked for the bar number and the state the attorney who was representing Legacy was licensed in.   Then Carl hung up on him.

 

So he called back because if they are going to sue, they should have the correct address to send a summons, right?

 

This time "Carl" had "Liz" on the phone with him.  My boyfriend informed "Liz" that she was being recorded and she did not consent.  Fine.  First "Liz" stated she had heard the whole conversation with "Carl" and she heard my boyfriend threatening him.  He  reminded her that "Carl" had given permission to be recorded, and he had not threatened "Carl" - just asked for a business address since he wasn't comfortable sending things to a rental PO box at a UPS retail location.  "Liz" also refused to give him a corporate office address, any information regarding which legal firm would be contacting him and said he already had everything he needed to validate the debt.  Then she hung up on him.

 

One more call back.  Seems like if "Liz" was going to arrange service, she should REALLY have the correct address, right?  

 

This time the receptionist didn't answer the phone, "Liz" did.  Again, informed her that the call was being recorded, again she did not consent to the recording.  She was fairly aggressive claiming this was his debt and he better pay it (at one point she is screaming into the phone and we are trying not to giggle), but my boyfriend was calm, didn't engage her anger and just made sure that "Liz" had his correct mailing address here in (consumer protection land!) MD.  He gave her the address, had her repeat it back.  

 

As soon as we hung up, we sent Legacy Management a debt validation and request to cease and desist once the debt had been validated letter, mailed certified, return receipt.  I'd checked with the UPS Retail location and they will be signing for it, so who knows.

 

Now that you've read our little tale of woe, what do you all think:

 

Will they respond to the request for validation?

 

Will Legacy file suit?

 

Will it be in Ohio and will they serve his old address in Ohio by mail, or the address we gave them in writing and had them repeat back over the phone, that we are not recording because we didn't have permission ; )  ??

 

Our goal if served suit for Ohio here in MD is a venue change - is this possible?

 

If they do serve him in Ohio at his old address, how do we find out?  

 

And of course we have some SOL questions.  Which State applies, the State he lives in now, the State the debt was incurred in?

 

It seems like a whole lot of hassle for debt they bought at pennies on the dollar.  We opened a joint bank account recently and this didn't even ping on ChexSystems.   Our goal is to get his history cleaned up before tying ourselves together financially.  We need to pull his credit, next - he is really reticent to deal with this - fear and embarrassment. However, our little telephone escapade with Legacy has given him confidence to tackle the next issue.  

 

Thanks!

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Will they respond to the request for validation?

 

Will Legacy file suit?

 

 

NO to both.

Will it be in Ohio and will they serve his old address in Ohio by mail, or the address we gave them in writing and had them repeat back over the phone, that we are not recording because we didn't have permission ; )  ??

 

Our goal if served suit for Ohio here in MD is a venue change - is this possible?

 

No one is going to file suit but if they were it would have to be in MD where he lives currently.  If it were filed in Ohio and If the suit is filed in the proper venue you would not be able to change it.

If they do serve him in Ohio at his old address, how do we find out?  

 

And of course we have some SOL questions.  Which State applies, the State he lives in now, the State the debt was incurred in?

 

You can check the OH court dockets once or twice a month and see if a suit is filed and then a process of service performed.

 

MD SOL applies now, he has lived there long enough. 

 

Now that you've read our little tale of woe, what do you all think: 

 

I think your BF got his information phished by scammers and you both handled it perfectly.  They are not going to sue, have him arrested, or do anything else.  My guess is you sufficiently scared them that they will not be contacting either of you again.  They are looking for the easy mark and you both have made it crystal clear you are not one.

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Odds are they are not going to validate and they probably will not sue (although you need to keep track in both Ohio and Maryland for about 6 months to make sure). These are bottom feeders hoping to scare payment out of your boyfriend and since they now know you will not be scared, they will sell it to the next person down the line. They probably got your number via a skip trace once you both opened the joint checking account.

If they sue you in Ohio, file a motion for lack of valid juridstiction. That might or might not go through. If they sue you in Maryland or the Motion fails in Ohio, start at 20% of the original debt and be willing to got to 30%, no higher. Most attorneys with 2 functioning brain cells that are connected will take the deal knowing the situation.

Also, if they do sue, you might have a countersuit for TCPA violations. If the phone numbers are only in your name and if there was no way to connect these phone numbers to your boyfriend until after default, then there is no way you or your boyfriend gave these people permission to call those numbers and hence, they have violated Federal Law. That might be enough to make this go away in court.

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You guys are really helpful!

 

We actually opened the joint account after he got these calls.   These calls started coming after his first credit check in MD - when we had our first place together in 2012.  Interesting they never mailed anything to our previous address.  

 

Still, I was wondering about the TCPA violations - both our phones and the family plan are in my name.  Since the debt occurred long before I had this plan, he never could have given it out in 2009. 

 

As for suing him in MD, its a 3 year statue of limitations both on written and oral contract.  I believe that a debt collection company must be licensed in MD, take a look at the link below.

 

https://www.dllr.state.md.us/finance/advisories/advisory5-10.shtml

 

Also, this is fun:  http://www.insidearm.com/daily/debt-buying-topics/debt-buying/debt-buyer-arrested-and-charged-in-76-million-fraud-scheme/  Thanks to some links here, it looks like United Credit Recovery got into some trouble with buying overdraft debt.  

 

If this does go to court, is the UCR indictment admissible as evidence?  

 

Will keep tabs on Ohio and Maryland dockets for a bit. Now to get him to pull his credit.

 

Thanks!

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What you could do there is if the sue, you could file a motion to delay the case pending the outcome of the Florida case to determine if the evidence Legacy is presenting is valid. However, the still have to sue you first and considering this is now public knowledge, the odd you your boyfriend getting sued has gone down quite a bit (I would still watch the courts). You could also use this as a way to set up a defense that the papers they are presenting the court are false and hence, they cannot prove that they even own the debt let alone whether your boyfriend is the one that owes the debt.

Add to that the TCPA violations and possibly FDCPA violations if they do sue (after all, with this in the public news, you can prove they had prior knowledge that they could not prove their case), you will probably end up going for more then they can ever sue you for (remember that the TCPA is $500 per violation so every call to your, your boyfriend, and your son is a violation). There is no way this is going in front of a judge.

They know this is junk and now that they know that the debtor knows the game, they will move on to less informed debtors. Watch the courts to make sure they don't try to do something underhanded but most likely, they will sell this to an even scummier JDB bottom feeder.

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I still think this is a scam at least from the Legacy point forward.  Want to have fun?  I would call "Liz" or her cohorts back and let them know my attorney informed me about the UCR indictment and that we are aware that any purported evidence they have is fraudulent and manufactured.  Currently my attorney is deciding which criminal statutes to pursue against Legacy and its employees for their conduct both personally and professionally.  

 

In reality:  I would file a complaint with the MD Bar Association (or what ever state their P.O. Box is in) and let the AG of that state know as well they are representing themselves as a law firm and clearly are not.  That misrepresentation is likely to get a lot more action than the other stuff they did because those violations are so common place. 

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Clydesmom:

Legacy's PO box is in California.  We'd already planned to file a complaint, and figured that the deciding factor was lack of response to the request for validation, as the certified letter requesting validation was delivered on 7/7/14.  We will give them 30 days and then file with the AG.  Its hard to prove the verbal abuse and my boyfriend wasn't recording the call where they threatened the summons.  There were things said on the calls that we did record that I will include in my complaint. 

 

Its tempting to call "Liz" and play a little game with her - but we are going to take the high road here. 

 

 

WhoCares1000:

If we have to settle, I guess we could.  But since the original debt is pretty much under a microscope with the UCR litigation, I'd really rather not.  Especially since as the story was told to me, my boyfriend tried to resolve this with the branch manager when it happened.  Basically, they debted before they credited a deposit on the same day and took the entire deposit in fees and more fees - and then charged more fees.  If it was for something like a medical bill, we'd be more likely to settle.  

 

As for calls to my son - nope!  He hasn't gotten any calls on his cell. He also hasn't been 12 in a great many years.  That was merely a ruse to get information from the receptionist, who responded to my freaked out mom act by giving me some useful information  : )  I now know that Legacy is really First Distribution Services.  

 

My boyfriend has gotten calls though.  Numerous calls, which started out as collection calls and became threats of service.  And since they are on a cell phone that belongs to me, and Legacy does not have permission, those are TCPA violations.

 

TomnTex:

Bookmarked the sites for checking dockets in MD and OH. Thanks!  I'll have to integrate it into my routine.  

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