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Tate & Kirlin Associates

Tate & Kirlin Associates review: Wrongful Debt Collection 100

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I had put together numerous bills that an ex had left me stranded with over eight years ago for a large loan. All of a sudden I receive a letter from this Tate & Kirlin Associates saying my account from one of these bills has been turned over to them! I contacted my bank immediately and recovered the check that was used to pay this bill over eight years ago. I have tried faxing this proof to them for over four flipping weeks now and they keep telling me there is nothing wrong with their fax machine. I have ALSO mailed a copy of this proof three different times and conveniently they haven't received it any of the three times yet. This is absolutely ridiculous! I can't wait until they say that I am delinquent yet because their ### will be mine in court WITH the proof that this account had been settled eight years ago with the company's signature on the check!

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Princess Mia
Aberdeen, US
May 18, 2011 5:01 pm EDT

This company calls me everyday. They are trying to collect a debt from my Mom's estate. My Mom died of a long costly battle with cancer. She had no estate when she died. She lived with me. Now, four years later they want me to pay her credit card bill. The woman on the phone told me I was shamefull for letting my Mom's credit rating go down. That she worked so hard to keep her rating good. It was awful of me. I told her that where my Mom is now, I am pretty sure it doesn't matter what her credit rating is. These people make me sick!

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momoftwinsplus1
Alamogordo, US
Apr 19, 2011 8:15 pm EDT

I don't owe anything to anyone except my mortgage at a local bank and it is up-to-date but this company calls me at least twice every day and I've told them at least 1000 times that I don't know the person they are calling! They are so rude and nasty and accuse me of lying about who I am! ###s work there!

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disturbed4ever
Mishawaka, US
Apr 08, 2011 6:11 pm EDT
Verified customer This comment was posted by a verified customer. Learn more

had a debt with GMAC over a lease Car we returned, GMAC sold it at Auction for hardly anything ...so I owed the rest of the Car(typical lease scam)...went from GMAC to 1 debt collector to another for seems like years, then NOTHING...now T&K is collecting for GMAC the remaining debt at 150.00 a month!...WORD OF WARNING= NEVER! buy anything or Lease anything you CAN`T afford, no matter if they say you can...paid on this 2001 grand-am for 10 years now!(what I could pay)and never even had the car since 2003!

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unhappytaxpayer
Rockaway, US
Mar 22, 2011 5:18 pm EDT

They woke up my very ill son at 8 am and then called almost every hour until about 1 pm until I googled the location found out who it was called back. A woman (I won't say the race/ethnicity for reasons for others who believe like I do). Barely could understand any of her job, had to ask a billion questions to her 'manager'. She spoke english, she was american and still couldn't even barely answer the simplest question. She asked if my husbands last 4 of his social was ****, and i said, "No, its ****" and she replied "Oh yea, that is the one we have on file, I appologize, I had pulled up the wrong account." Funny thing is, I lied about the social security numbers! Shows who is lying. And for all of you debt collectors on here, I understand you are supposed to do your job, but when you take it home, or take out your "job time" to even come on these sites, you want to say you even have a job? We are meager and unemployed? I have more money, credit, and my own business, I make more in a day than you do in a year and I still don't go out of my way to do the things you do. What an embarassment to the humankind, nevertheless, our country! hahah Whoever said "Good Day" Isn't american or at least not a smart one. Sorry had to say that, too tempted!

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D.W. Washburn
Davenport, US
Feb 08, 2011 1:16 am EST

Apparently, employees of this organization are ignorant of laws governing fair debt collection. They have ignored "Cease and Desist" notifications, and have called in attempts to collect non-existant debts literally YEARS after the statute of limitations for substantiation of a legal debt has passed.
I don't really mind, though. I'm going to enjoy the punitive damages that result from my suit against them.

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Hardly a deadbeat
, US
Feb 02, 2011 9:11 pm EST

How many sane individuals would give credit card information over the phone to pay a dubious and doubtful debt? If monies are in fact owed, why isn't documentation sent through normal channels? No sane person would ever accept a debt without proper paperwork. Would you pay your grocery bill without a receipt?

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Ilovebeingmyselfonly!!
360 head of river rd belleplain nj, US
Oct 17, 2010 7:14 am EDT

I worked for tate and kirlin assoc and as i tried to be a good collector .while i had tried to be commpassionate about the consumers who were in debt i was told i did not succeed .I showed up everyday and committed myself while the own bossess and higher up collectors had not and only i know what they were doing instead of working and obviously what they think is or was more important.if anything that i love more is someone who gives you advise on how to do your job .when they can not even do theirs probally.The workers do drugs on the premises and the men sexually harass women coworkers as myself so to all you debtors as a previous employee i understand completely your lack of respect for this ### of a company! and to all you out there I wish i could disclose my name and i guarantee there is no complaint if you were ever contacted by me.. thank you and good luck and to the boss of south jersey to not have tried to even help a good honest woman you are ### as well I feel sorry for your excellent wife.

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DEAN WITTER
phila, US
Sep 17, 2010 10:39 pm EDT
Verified customer This comment was posted by a verified customer. Learn more

A bankruptcy lawyer HAS advised everybody that they should send cease and desist letter to stop all the collection activities, I JUST WANT TO TELL YOU GUYS IF U DON'T PAY UR DEBTS THEN UR ACCOUNT WILL KEEP REVOLVING FROM ONE COLLECTION AGENCY TO OTHER.AND IF YOU FOLLOW THIS ADVICE THEN U WILL BE NEED OF THAT LAWYER SOON COZ U MIGHT HAVE TO GO FOR bankruptcy ..SO PAY UR BILLS OR SETTLE THEM !

OTHERWISE BELIEVE ME U WILL BE SCREWED UP BY CALLS EVERYDAY..AND SPECIALLY ON SUNDAYS!
AND THERE IS VERYYYYYYYYYYYYYYYYYYY BIG MISUNDERSTANDING IN DEBTORS THAT COLLECTION AGENCIES ARE NOT ALLOWED TO CALL DTR ON SUNDAYS//ITS UNTRUE..

THEY CAN CALL DTR ON SUNDAYS TOO ACCORDING TO FDCPA LAWS AND HAS RIGHT TO SCREW UR HAPPINESS!HAHAHAHAHAHA

HO MOTHER###ERS PAY UR BILLS OR GET READY TO BE ###ED BY US!HERE WE COME MOTHER ###ERS AND ###S!

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CindyMG
White Oak, US
Sep 10, 2010 3:39 pm EDT

I just filed a complaint with the BBB against this company. After reading all of these complaints its funny that according to their website they have no complaints on file. I just want to leave my short story.
-I am unemployed (not by my own doing, had a government job and the government cut back)
-I am looking for work but only doing odd jobs here and there at the moment.
-Have 1 kid in college and between us and her we are paying the college tuition.
-Live pretty much pay check to pay check and have skimmed by out of 5 or 6 foreclosure notices over the last 2 years.
I pay my bills as I can and I work pretty darn hard to try and live with in a means that gets shorter and shorter. About a year ago I started getting phone calls on my caller ID from a "800 Service". I am on the Do Not Call List and for numbers like this I just don't answer. There were never any messages left. About 6 months ago (just about the time I got my severance notice) I received a bill in the mail from "Allied Interstate" for a Sears Premier Card that I owed over $400. I haven't had a Sears Card in probably 4-5 years and I am sure I paid the bill but I place the bill in my "owe" pile as I was also in a foreclosure process at the time. Last month I received a letter from Tate & Kirlin stating they have taken over my "Citibank" account and have been authorized to offer a settlement amount of $240. I also started seeing their number appear on my caller ID but never any messages. Today I answered that "800 Service" number and found it is actually someone from this Tate company calling all along. The first person actually transfered me to a Supervisor when I told him I had just printed a copy of my 3 credit compnay credit report and there is no such deliquent debit. The "Supervisor" on the other hand was quit rude. He kept insisting that I owed this money from a Sear's Credit Card that I had had from 1993 until 2007 and that I owed over $400. I said I have "ticks" on my credit report from the "80's" (from when I was young and dumb) "you're telling me that a $400 "tick" from 3 years ago would not show up?" He told me he was not allowed to answer that.
I think I have to agree that this might just be a company that finds people that they think don't remember that they already paid and just bill them. Becareful. Also agree with Roxana. If you think you might owe, contact the original company and pay them. Avoid the middle man.

Cindy

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acmn1113
Sanford, US
Sep 01, 2010 9:30 pm EDT

I happen to be a person that worked collections for four years, and tonight I received a call from an India call center on behalf of Tate and Kirlin. I was told that an account was opened on 2000, I made payments until 2005 and the account was charged in 2003. If that was not strange enough, when I questioned that detail, I was told "I never said you made regularly scheduled payments on this account". It so happens that I keep all my documents from all bills, however, I am moving. I asked for a couple of days to look for my documents. A couple of things I want to leave here:

1) I did not use any offensive language nor did I deny the bill, however, I was yelled at twice, and in both occasions, had to ask the agent to calm down.
2) As far as I know, if the account was charged off in 2003, that makes this a seven year issue, not liable on my part. Not only that, but in seven years now is the first time they call me on a cell phone number I've had since 1998?
3) Assuming the last payment was made in 2005, who was making said payments on an account that was charged off? I make payment arrangements only with original creditors.
4) I just got my credit report a few months back and this bill was not in it. Can a company legally put a bill back after said bill was taken off your credit report?

My advice for anyone reading this is simple: if you believe you owe, pay the original creditor. If you don't believe you owe, remember, in a recession, everyone is looking to make money.
Reputable or not, third party collection agencies usually buy old accounts for cents on the dollar. If you owe, keep that in mind when you are negotiating. The typical $1000 bill probably cost them $50.
If you get your credit report and find something fishy, report it immediately. You are entitled for a minimum two free credit reports a year. Verify every last bit of info on that report.
Treat people nicely. Remember, they are just doing their job. If you have a legitimate grievance, that is what the Better Business Bureau is for.
Roxana

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grumpy333
, US
Aug 02, 2010 10:56 am EDT

They are currently trying to get me to pay on a credit card bill that I paid in full about 2 years ago now. I even called them to try to explain that the account they are trying to collect on is now reopened and in good standing with the orginal creditor. They told me that I could not have paid it or they would have record of it. I dont know how often they actually call as I no longer answer the phone for (800) numbers or unknown. They do however keep sending me "Settlement offers" the most recent is 35% of the original balance that the client (my current credit card company) authorized...HAHAHAHAHAHAHAHAHA!

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gina4801
Tampa, US
Jun 05, 2010 12:28 am EDT

Sooooo funny...you can tell who works for Tate & Kirlin! LOL

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GTRIDOFSCUM
, US
May 11, 2010 4:59 pm EDT

These bozo's have no tact - at all. I own an agency and was called for a bill that had been paid 8 years ago. (I stayed up last night to find the proof I needed) I know how we run our business and it is not like this. We portray company's like this as our best salespeople... If I receive one more call from them, I am going to a full court press for gross negligence of the FDCPA. They obviously hire unskilled, non-American trash for minimum wage to beat up on people versus acting like humans who are there to help and assist. I wish more of you would post some of the names of the client they are collecting on so we can solicit their business. Trust me, you wouldn;t mind getting a call from us to work with you to resolve the issues you didn't want...

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LearyOne
upson, US
Apr 26, 2010 7:08 pm EDT

Received a toll free number and an India sounding man spoke to me saying I owed for a credit card from 4 years ago and it was in my maiden name...I have been using my married name for over 10 years now and only had ONE credit card which was paid in full when I was 19 and it was a Discover card. I have tried to find this Premier Credit Card Company, which has only let me to links about Premier Charities in other countries. All the information I have researched for Tate&Kirlin is not at all positive and not even have I stumbled across a web-page for this law firm. I was told by Justin, if that was his name "we have your social and address" and when I asked him to tell it to me, he changed the subject and wouldn't recite to me the information he had.

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studious
Youngstown, US
Apr 26, 2010 6:48 pm EDT

I now receive calls & letters from these wet noodles on an acc. that has been paid and close.The acc. was open a year ago, but has been paid. Calling throughout the weekend. Their desperate attempts warrants nothing honest.

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forgetmenot
Buffalo, US
Mar 03, 2010 12:23 pm EST

THIS COMPANY SUCKS! I am a mild mannered person who does not like to have her buttons pushed but that is exactlly what happens when you deal with this group of so called perfessionals. I do owe for a car loan some stuff had happend and I couldn't afford the car any longer. I except that. This is my debt and I was willing to pay on it, until I needed a document staing that we had a agreement of the said amount that i was willing to pay each month. They lied and said that tey faxed the info I had to call 3 times and finally a Penny Walton delt with my account and she was nice at first but never told me all the information. I had to keep calling back because they did not inform me of anything. They debited my account and then i asked for a reciept some type of proof of payment THEY SAID NO THAT THEY DO NOT GIVE OUT PROOF OF PAYMENT UNTIL THE BILL IS PAID IN FULL. I have never heard of that you are taking money out of my account I need the proof for my own records just in case they ever said that I missed a payment. They got so rude and nasty I asked to speak to a supervisor and they put on of their associates on the phone like I was stupid. A guy who claims he is a SUP Kyle was so RUDE, KIRT, and talked to me as if I was the ### of the earth was so bad that I popped my top and let him have it as well as this guy name MIKE. I asked them to STOP taking money from my account and they will now get a money order so that will ensure me having a reciept. They have no formal letter head just a tacky sheet of regular computer paper and nothing else. I will be keeping an eye on this company and checking with the boars to see if there are any mor complaints.

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heartache in Texas
Round Rock, US
Feb 03, 2010 1:59 pm EST

Three years ago I was diagnosed with Congestive heart failure. My doctor said I could not return to work. I went from making 45000. a year to living on disability which was half my income. I ended up letting my car get repossessed .It ruined my credit, of coarse, but I didn't have any choice. A few months after it was taken I started receiving calls from Tate and Kirlin. I finally agreed to allow them to do an automatic bank draft of 55.00 a month. They said I owed 16000. after the sale of my car I thought it mihgt help my credit if I was trying to pay the debt. I did this for almost a year. They still called me trying to get me to pay more but that was all I could do. My credit score was still ruined and I was still being hounded. The payments were set up for six months at a time. About a year ago my oldest son told me I was stupid for paying because I was never going to get them off my back and I should just stop the automatic withdrawals. I never set up the next six payments and they called me day and night. I just looked at my bank acct today and see that they took it upon them selves to draw the 55.00 again. i called my bank to put a stop payment on the future withdraws. They gave me this web sight to read about possible fraudulant practices going on with Tate and Kirlin. I am trying to do what is right and pay my debts but they have driven me crazy over the last three years. I am tired of dealing with them. I really doubt the 2005 Taurus i had to let go back was worth all the headaches.

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stem1
Villas, US
Jan 26, 2010 4:59 pm EST

You all make me laugh ! just like people to think a reputable business should be stoped. i say you all need to be stoped before you all destroy they aconomy!

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hound dog3333
, US
Jan 21, 2010 6:26 pm EST

Specfiically, we expect you to:

1) Verify that our Visa card has been credited for the $4539 we paid for the aborted honeymoon trip

2) Reimburse us for the $560 in deposits we are unable to recover from the Honolulua

3) Reimburse us for the two nights we spent stranded

4) Provide us with two first class round-trip tickets on a flight to Hawaii which will be good for the next calendar year (dates of travel to be our choice)

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hound dog3333
, US
Jan 21, 2010 6:18 pm EST

How do they stay in business...worst i've seen...they need to be reported somehow...

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hound dog3333
, US
Jan 21, 2010 6:15 pm EST

fraud...fraud...fraud...fraud...fraud...fraud...fraud...

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Skylor
, US
Dec 23, 2009 8:27 am EST

Who ever that K.Heary is who is so pro Kate & Kirlin must be some ### who works for the company because any one who has been on the other end of these idiots calling people at work, on weekends, at night, etc. would agree with every one eles, so K. Heary you should be asshamed of your self notice ### in asshamed because you are a ###!

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naenae97
Albetville, US
Dec 21, 2009 9:51 am EST

Beware of this company. I paid off a debt to Washington Mutual via Arrow Financial and then a few months later a got a letter from Tate & Kirklin Associates saying I owed them this money on behalf of Arrow Financial. I had paid this to Arrow Financial already. Sounds fishy to me...

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UPSET CUST. OF TATE & KIRLIN
, US
Dec 09, 2009 12:41 pm EST

I MADE PAYMENTS TO TATE & KIRLIN FOR YEARS AND YEARS THEN WHEN I WOULD NOT SETTLE THEY TOOK IT UPON THEMSELVES TO CLEAR-OUT MY ACCOUNT. THEY TOOK EVERY DIME I HAD AND MORE I HAVE SO MANY FEES I DON'T EVEN KNOW WHAT TO DO...

BE AWARE THEY CLEARED MY CHECKING ACCOUNT...

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SmallBizOwner
Kernersville, US
Dec 08, 2009 11:17 am EST

I work for a wholesale company and we keep recieving calls calls concerning an employee who they are trying to collect on them. We have told their firm repeatedly that he does not work in house but they continue to call. We have told Tate & Kirlin Associates to not call us again since we have nothing to do with this. I don't understand how a "reputable" company can not understand the simple words of "do not call again". It requires no degree or higher education to understand this simple concept. This borders between stupidity and bull-dogging. This is a business they are calling, that has nothing to do with their debt collection and quite frankly they are wasting the time of our employees.

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stem1
Villas, US
Dec 08, 2009 8:46 am EST

ps there is a 7 year statue of limitations ... then it falls off not 10 years .. oh ya your forgot thats only bankruptsy... dork.. no your facts before posting nonsence!

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stem1
Villas, US
Dec 08, 2009 8:43 am EST

your they ### ! creditors look at paying history dumb dumb! thats why you cant even buy a home unless your credit is cleaned up ! your are part of the reason why are economy is the way it is ! telling people its ok to borrow money and not pay it back! ( as long as you got the flat screen on that credit card you stole from the bank huh?) you are a piece of dirt lower then the grass my dog poops on! credit is so important and this guy has no idea what he is talking about ! oh wait thats right your a banko lawyer... your the bottom feeder that feeds off of peaoples hard times and debt... you are in the business of destroying credit... lol jerk!

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pay your bills
Philadelphia, US
Dec 02, 2009 2:26 pm EST

Everyone on here needs to stop crying if you paid that JcPenny Card that you racked a 2, 000 thousdand bucks worth of stuff then you wouldnt be on here crying would you? You are allowed to call from 8am t0 9pm monday through sunday on either timezone. Just pay your bills and stop crying cause someone wants you to pay back the money u owe

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steve mc
Vancouver, CA
Nov 30, 2009 9:19 pm EST

Your a ###, the notion that a collection agency is trying to help is right up there with the tooth fairy and santa claus. Let me educate you, this is a third party collection agency. They get accts from companys like paypal, big name banks etc. these companies have written off this debt. In return they have reported it on your credit. Tate and kurlin have no standing, there not owed any money, they take on these accts and whatever they collect they get pennys on the dollar. Wtf do u mean help you, you jack ###. Here's a little known fact, once a credit card company or any other company has turned your account over to a third party collection agency, you can pay them 1 million times what you owed it WIl NOT improve your credit. Its going to stay as reported for ten years. The notion that they can help you by paying your old debt is simply a collection technique. Credit is very important if u allow an acct to be charged off (which is what happens by the time tate and kirlin call you) its going to stay on ur credit report. In fact, if u have a debt that is five years old and u so much as pay 1.00 dollar on it that starts the ten year all over. Btw don't worry about paypal, I suppose they have a cc they offer but more than likely its was used for ebay and u never gave then a ssn number as most paypal accts don't have ssn numbers attached. Paypal doesn't have ur social, therefore its not on your credit report.

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stem1
Villas, US
Nov 27, 2009 8:07 am EST

people that are in debt are funny! alway blaming other for there problems ... and they loving blaming people that try to help them... you all should be ashamed of your selves... and the banko lawyer feeds off of the banko clients he has .. so sure give him a call he will help you, ( put your score in the mud for 10 years) good idea huh?

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JMarche
Maui, US
Nov 16, 2009 10:15 am EST

Don't ever give Tate & Kerlin a dime! Not a dime! Don't even think for one moment that they have a legal right or a moral right to pursue you or any supposed outstanding debt. They are not legitimate in the sense that most of what they pursue has been resolved in one way or another already. They are bottom feeding scavengers. They buy borrower debt information, debts that have often been either discharged or resolved with the primary lender, and then try to strong arm the borrowers into sending them some cash. They just want a piece of the action. They are not representing Chase or any other lender. They simply are trying to capitalize on the inherent complexity of these disputed loans. I went through this with them, ended up paying my attorney nearly $1500 just to find out in the end that basically these bottom feeders had no right to pursue the loss that Chase incurred when it agreed to allow my condo a short sale. That debt became discharged the moment the papers were signed. The IRS is advised of these losses and Chase benefits accordingly.

And the person above who keeps saying that Tate & Kerlin is a "legitimate" company undoubtledly works for them and is frustrated because people are not being duped. I wish I had googled them before contacting my attorney and saved myself $1500. Collectors have usually paid for information or been handed it in the hopes that they can twist a few arms and wrangle some cash out of people who do not know the system. I am glad in a way that I hired an attorney because they have stopped calling me and if they continued they would have been sued outright for undue harassment and then some.

So tell them to stop harassing you. That you feel harassed. Do not give them any information whatsoever. Ask them to email you their request and ask them to give you all the information they have. Also ask them where they obtained said information. Ask with whom you are speaking and ask for the name of their manager. Ask for the address of their office. Use a gmail address or hotmail address and open up an entirely new email address simply for this purpose if possible.

Whatever you do, do not provide them with any information, nothing at all! Be sure to log the calls and to ask with whom you are speaking if the caller does not provide his or her name at the onset of the call.

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notadeadbeat
Norwood, US
Nov 07, 2009 7:17 pm EST

by the way you can find Hank Kirlin on facebook

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notadeadbeat
Norwood, US
Nov 07, 2009 7:16 pm EST

Tate & Kirlin Owners Harold Harry Dick Tate and Henry Hank Kirlin are 2 low life bill collectors- nether is a lawyer or has any degree of any kind. Both started out as collectors for Joesph Neary on Frankford Ave in Philadelphia then Worked for Academy Collections - Keith Dickstein /and his step-father Sid Miller. I worked with all these people at one point or another- ### everyone of them. Read the FDCPA - know your rights- you DO NOT have to deal with these people

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cd48410
Fairbanks, US
Oct 21, 2009 6:36 pm EDT

I tried to look them up on the BBB website, nothing. It seems they only exist with harassing phone calls and scam alerts on the internet. They haven't even a website. I did, however, find this at http://educationcenter2000.com/legal/tateandkirlin_defense.htm:

Tate and Kirlin Associates

by: Kenneth M. DeLashmutt

If you have a JC Penney or other credit card in default or if you are receiving dunning letters or if you are you being sued or taken to the National Arbitration Forum by Tate and Kirlin Associates, you may have a defense to the lawsuit and/or a claim against them.

Tate and Kirlin Associates, is a large national law firm of approximately 100 employees, in the practice of debt collection for large national retail credit and banking clients.

Contact Information:

Tate and Kirlin Associates

2800 S. Hampton Road
Philadelphia, Pennsylvania, 19154
[protected]

Debt Collection Agencies, Debt Buyers, & Collector- Attorney - Law Offices!

These debt collectors and attorneys have demonstrated they care only about money; consumer rights and obeying the law are not as important as being paid. I consider them disgusting law-breakers who deserve to feel the full wrath of the laws enacted to protect you. Use the FREE Cease-Communication letter and contact us for greater assistance in dealing with them.

Just because a Tate and Kirlin Associates, 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 arbitration threats and/or lawsuit in a timely manner. If you answer in time you can successfully defend your case. You may win, and have a judgment in your favor entered stating that you owe nothing.

There is No Contract:

Consumers can choose not to contract for arbitration in accordance with Hale vs. Henkel, 201 U.S. 43 (1906) and can reject any and/or all correspondence, claims, or any other documents implying they have contracted with them for arbitration in any manner, shape or form.

Any arbitration conducted by Tate and Kirlin Associates, and the National Arbitration Forum is in violation of many of the laws, statutes, acts, codes, rules, listed below, constitutes a willful and intentional commercial injury to the consumer where the National Arbitration Forum is legally liable for.

The National Arbitration Forum cannot provide proof that the alleged “claim” is in compliance with the Code as filed and said “claim”, as filed, further lacks several key elements required by law as follows:

National Arbitration Forum Rules:

1. Rule 1 of the Code states that both parties agree to arbitrate.

2. Rule 2A(2) of the Code requires that the initial claim shall include: a copy of the arbitration agreement or notice of the location of a copy of the arbitration agreement;

3. Rule 12A(3) of the Code requires a copy of documents that support the claim;

4. Rule 12A(4) of the Code requires an affidavit asserting that statements and documents in the claim are accurate;

5. Rule 12A(5) of the Code requires that the appropriate filling fee be paid;

6. Rule 12B requires that claimant promptly file with the forum proof of service of the initial claim on the respondent;

7. Rule 20A of the Code indicates that the arbitrator have powers provided by the code, the agreement of the parties and the applicable substantive law;

8. Rule 20C of the Code indicates that the arbitrators do NOT have the power to decide matters NOT properly submitted under this code.

For the reasons stated above, any claims submitted to the National Arbitration Forum should be deemed frivolous due to the claimants numerous violations of the code and should be dismissed involuntarily pursuant to Rule 41 of the Code. This, of course, is in addition to all of the other violations of laws, acts, statutes, codes, doctrines, maxims of law and case law as cited below.

Liability:

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

Case Law:

Miller v. Wolpoff & Abramson, 2d Cir., No. 02-7017, 2/25/03

In the case of Miller v. Wolpoff & Abramson, 2d Cir., No. 02-7017, 2/25/03, retailer Lord & Taylor referred a debt to the Wolpoff & Abramson law firm for collection. After reviewing the alleged past due account and the retailer’s efforts at collection, partner Ronald Abramson sent a debt collection letter to the credit card holder, Arthur Miller. Miller did not respond to the letter. Thereafter, Abramson referred Miller’s file through the National Attorney Network (a debt collection referral service) to a second law firm, Upton, Cohen & Slamowitz. This firm filed suit against Miller seeking recovery of the credit card debt as well as attorney’s fees. Miller countered with his own lawsuit alleging that the law firm violated the Fair Debt Collection Practices Act (FDCPA), 18 U.S.C. §1692, by sending debt collection letters on attorney letterhead without meaningful review of the circumstances of the alleged debt by any attorney. Additional counts were listed in the complaint, but this is the issue on which we will focus on. The district court granted summary judgment on all counts. On appeal, the U.S. Court of Appeals for the Second Circuit vacated the summary judgment stating that it was “premature” because the lawyers’ affidavits contained too little information. The affidavits stated only that Lord & Taylor reported the debt was due for collection and that Abramson had exercised “independent professional judgment” prior to authoring a collection letter.

According to Miller, Wolpoff & Abramson averages 55, 000 new collection accounts monthly. Judge Sonia Sotomayor indicated that firms may be liable under the Fair Debt Collection Practices Act if they handle a large volume of accounts, receive limited information about the accounts, review the collection files with such speed that no independent judgment could be found to have been exercised, and issue form collection letters “with a push of a button.” The court advised that a lawyer may not act solely on the client’s word that a valid debt is due and owing. The court, however, refused to delineate steps that a firm must take prior to sending out collection letters on firm letterhead.

The Fair Debt Collection Practices Act "meaningful review"

What does the Fair Debt Collection Practices Act’s requirement of “meaningful review” mean anyway? This 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 concern about the large number of collection accounts that the firm received each month. Was the court implying that there might be a potential issue of unauthorized practice of law? The Fair Debt Collection Practices Act requires a meaningful review by an attorney of the circumstances surrounding an alleged debt (emphasis added). Let’s say for the sake of argument that a firm lands a big account and receives in excess of 50, 000 files for collection per month. Having a paralegal review, for example, the debtor’s payment history and credit report may enable the attorney to process the files in a more efficient and timely manner. However, the attorney still has a duty to ensure that the information provided by the paralegal is accurate. In other words, rubber stamping of another’s work product does not reduce the risk of a malpractice claim or of an ethical complaint. The court in Miller did not set out a list of do’s and don’ts. However, it makes good sense for a collection practice to have a set of guidelines or procedures in place to demonstrate that 1) the alleged overdue account was meaningfully reviewed and 2) that an attorney was involved in the review.

Case Law (continued)

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.

A Landmark Decision for Consumers

In The Supreme Court of the State of Kansas No. 94, 380

MBNA America Bank, N.A. v. Loretta K. Credit (yes that is her name)

Note: Loretta is a pro se litigant

Many consumers who have chose not to continue paying their credit card bills for what ever reason they had, found themselves getting an Arbitration Award rendered against them. By far most were arbitrated by a company called National Arbitration Forum. We have known for years the connection between National Arbitration Forum and Wolpoff and Abramson. We have known for years that as a consumer, you would not have any chance of winning your arbitration. Their clear biased decisions were clear evidence that you as a consumer could not possibly win.

For years National Arbitration Forum advertised to banks telling them they could "protect" them from class action suits brought against them by consumers who have gone through the arbitration process. They have thrown huge and lavish parties inviting all the big names in the banking industry. This all done in an attempt to gain new "customers".

With all the parties and seminars with banks, how could NAF not be biased? If they ruled against the bank, the bank would no longer want to use them as their "exclusive" arbitration forum! However, for many years, the courts have turned a blind eye to the injustice that American's are facing everyday by this corrupt and biased system. UNTIL NOW!

Finally a court has decided to do their job and protect the American Citizen from this abuse. We proudly stand up and applaud the Kansas Supreme Court. This honorable court has now ruled that an Arbitration Award CANNOT be confirmed without showing a "signed" Arbitration Agreement between all parties involved. This is a landmark decision for consumers. See the ruling here.

There are many other Procedures, Rules and codes that may be used against Tate and Kirlin Associates, .

What can you do about it?

If you have ever had and arbitration award rendered against you by Tate and Kirlin Associates, , call us as soon as possible. You may be able to stop them from getting a judgment against you.

We have the answer, and all the documents and information your will need to defend yourself against Tate and Kirlin Associates, arbitration award. Contact us by filling out an information form at the following link. http://educationcenter2000.com/wolpoff_services_app.htm

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

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airforcefamily1982
3715 N Valdosta Rd, US
Oct 21, 2009 2:36 pm EDT

Tate&Kirlan Assoc. Called me over a year ago to settle a debt with a creditor, it seemed reasonable and on the dot. They even sent me letters with the company logo on it as well as the creditor I owed and set up monthly payments. I paid these payments as my bank shows and now still on my credit out of no where comes this same debt. I call the creditor I owe and they say they have never used T&K in the last 10 years to collect debts for them, as well as they never received the payments I paid to T&K, confirming that indeed they did not use them. After some troubles trying to find my letters and being unsucessful I turned to the web to look them up. After some research I found their number and they transfered me to a machine that took my message and they will call me back. Yeah right! Now I am getting that the debt I paid for was not for what they sent the letters for and the company they claimed it was but for some magazine company, but I know for sure the amount and company they gave me line up with the company who says I still owe the money. Now I really wish I could find those letters. I have moved 2 times since they called so unfortunately it was not filed correctly at first and now lost. But Do Not Trust This Company. I have been told they will call back later when they resolve this issue, but I am not holding my breathe. If in fact I find out that they did not correctly pay my creditor and have been causing my credit score to continue to go down, I will file a law suit! Anyone wanna join?

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cd48410
Fairbanks, US
Oct 21, 2009 8:16 am EDT

T & K has been calling my house at least 15 times a week. I finally answered. They asked to speak to [my name] I said that this is she. The guy then told me I have an outstanding debt of $900, 000 on pay pal. I know for a fact I do not. I said, "Hold on, let me look that up." He then said, "wait, am I speaking to [my fiance's name]?" I said no, he is at work. Then he said that it was his debt which now changed to $9, 000 on paypal. He asked where he worked and I said I didn't think that was any of his concern. They guy then got angry and yelled into the phone, "that's OK, we will find out and take his paycheck!" I told him, that he was full of ### and that they couldn't do that. The ironic thing is, my fiance doesn't even have a paypal account. This just screams scam! By the way, being a debt collector is not a decent job. I have a doctorate and my fiance is a cop, and you're a debt collector? Why don't you just kill yourself now, you have no where else to go with your life.

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Fuk Dat
Red Bank, US
Oct 19, 2009 9:28 am EDT

I think the T&K employees who attempted to defend their company made the best argument for how unprofessional this firm is. Their incoherent, all caps, foul language riddled ramblings speak volumes. T&K employees, do yourself a favor, stop posting and putting your stupidity on display for all to see. It's embarrassing!

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Jason Buonocore
New Brunswick, US
Oct 17, 2009 2:08 pm EDT

All debt collection agencies are all ###, they thrive on your misery. But this one calls everyday, I even tried to block them, but they still call, even on Weekends. Tate and Kirlin sounds like a good firm, but in actually they are ###, they called my house, up to 6 times in one day. Far as I am Concerned, they are breaking the law. The law says that a collection agent can't call you an Unreasonable amount of times, and they broke that part of the law. As for people who support them, you should be ashamed of yourselves.

Jason
New Jersey.

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twerp
Scottsboro, US
Oct 15, 2009 1:28 pm EDT

T&K just called my husband about a magazine debt he supposedly accrued. We're just letting our lawyer deal with them. There is something fishy about them because my husband asked to speak with this aggressive lady's supervisor and she hung up on him. He has all their information and our lawyer said to let her handle it and not to talk to them if they ever call him again.

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steve.m
Vancouver, CA
Oct 12, 2009 10:53 pm EDT

I'm a bankruptcy lawyer. In fact they may start calling at 8am until 9pm, alldays of the week except holidays. Here's a helpful solution, they list their fax number. Simply send a fax titled cease and desist, state your name and contact information and that you no longer want to be contacted about this debt. BY LAW they can no longer communicate with you. I see some employees have posted here defending their employer or their business. If any comfort to you as someone who is in the law and looked deeper, most collections agents could not finance a bicycle. Life is full of ironies and this is true, the people calling you I can promise most have horrific credit themselves. Ill monitor this, feel free to ask any questions or report fdca violations

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