Debt Settlement Related

Alleged Debt Negotiation Services Representative Yells at Widow Who Just Wants Her Money Back – Listen

Written by Steve Rhode

Please read the update below from Debt Negotiation Services. They deserve praise for the way they handled this issue and dealt with assisting the consumer to resolve the issue.

Update 11-26-2019 AM From AFCC

The AFCC has acted instantly and has issued the following statement that I received from Robby Birnbaum. I applaud the AFCC and Mr. Birnbaum for taking this issue seriously.

“Thank you for bringing this to AFCC’s attention.

AFCC is suspending this company’s membership immediately pending further review. AFCC will be reaching out to the company requiring the company to provide prompt resolution of concerns for the consumer. As to readmission, that would be up to the Board and only after AFCC’s Complaints Committee conducts its own review and determines whether AFCC will also make an enforcement agency referral.

As this matter has arisen during Thanksgiving week, there may be a delay in getting the online status changed, but the process has been started and I instructed the suspension occur immediately along with notice to remove the AFCC seal.

Our Administrator Karin will be acting aggressively to get a resolution for the consumer.”

Update 11-26-2019 PM From Debt Negotiation Services

I received the following statement from DNS:

“Steve,

I am horrified and embarrassed by the nature of this call. The individual responsible for this did not in any way reflect the policies and procedures of DNS and has been terminated from the company immediately. All clients are entitled to a return of their funds without question at any time and we maintain no direct control over any funds. We will be taking all the steps to rectify this matter with our former client and sincerely apologize for the thoughtless and utterly unacceptable actions of a single person who does not reflect the values of our organization. In our 20 years of history in this business, we have never encountered a situation such as this and we will take all necessary steps to ensure that this action never occurs again.

Sincerely,

Jonathan Sriberg
President
Debt Negotiation Service

Both AFCC and DNS Deserve Praise for Fixing This Mess

I have personally asked AFCC to reconsider the termination of the membership of DNS as a member in good standing. I think DNS took responsibility for this once it was made public and AFCC acted swiftly to deal with the situation.

Matt Hearn from OCCAM and Kyle Fraiser from Cut Up Debt also deserve a big pat on the back for coming to the aid of this consumer.

Original Post Below

I was forwarded a bunch of information allegedly regarding a company named DNS, Debt Negotiation Services that says it is a member of the American Fair Credit Council (AFCC) which is supposed to be a badge of honor for the debt settlement industry. And Robby Birnbaum, from AFCC, even gets tossed into the recording along with God.

This call is probably the most disturbing call I’ve ever heard between a debt relief company and a consumer. I’m not sure the word shocking is strong enough.

The facts are the consumer’s husband passed away and being unable to continue to afford the monthly payment to Debt Negotiation Services the consumer attempted to cancel her account and get a refund of her money being held by Valley National Bank. She enlisted the help of a friend when she ran into roadblocks. The friend just happens to be a debt industry professional.

During the call, which all parties agree is recorded, a friend of the widow talks and then the widow gets on the phone.

The transcript of the call is at the bottom of this post.

Material I Received

DNS Representative: You, you would [inaudible-crosstalk] who owns this company and you would know that the owners of this company are both two former federal prosecutors who aren’t going to be intimidated by the likes of some pissant like you.

The document that came with the material says, “The consumer … enrolled in the DNS program in May. Six days ago, her husband passed away and her income went way down.

She could no longer afford the commitment and the program so she tried to cancel on 11-15-19. According to the bank her current account balance is approximately $2700. She was told by both the bank and the DNS that her funds would not be released to her until DNS authorized it and that would be at least 30 days. The guy (no name known) at DNS even threatened for it to be 6 months if we did not back off the pressure. He was incredibly aggressive and belligerent to both me and the consumer. We were able to get the last 20 minutes of his tirade recorded.

All the paperwork is included. This includes the contracts, POAs, and bank enrollment info. The contract clearly says that all funds will be refunded promptly without delay upon request. Also, nowhere in the agreements does it state DNS will be the primary owner and controller of the funds.
Anyone reading this has full authorization from [the consumer] to use and reproduce these files as needed for enforcement of any applicable state and federal laws.”

Who is Debt Negotiation Services?

According to the State of Florida, Debt Negotiation Services is a fictitious name of Touchstone Partners, Inc. at 2500 Quantum Lakes Drive, Suite 201, Boynton Beach, Florida. – Source

Public records say Jonathan Sriberg is the president and Akshat Sethi is the vice-president. – Source

The place of business is listed as 2500 Quantum Lakes Drive, Suite 101, Boynton Beach, FL.

Debt Negotiation Services representative says, “I would be willing to bet you’re using a company like Global Client Solutions or some other lawbreaker to hold peoples’ money and this woman should know that this is illegal.”

The State of Florida says the Touchstone Marketing Corporation filed to be a registered business on January 21, 2010. – Source

About five months later they changed their name to Touchstone Partners, Inc. – Source

The BBB says the company was accredited in 2018.

The Issue of the Account

When the consumer contacted Valley National Bank she was told, in a recorded conversation, that although she had applied for the account in her application with DNS, she was not the account owner, Valley National Bank claimed DNS was and would not release her money with permission from DNS or she could undertake a more complex process.

The Valley National Bank agreement says:

Judging by the bank representative call, it would appear Valley National Bank acted as if DNS was the entity in charge of the bank account.

This can certainly be problematic. As was described in court documents from an unrelated company action, the Telemarketing Sales Rule from the FTC requires the consumer to own the funds held in the account and the “account is not owned or controlled by, or in any way affiliated with, the debt relief service.” – Source

“The TSR includes a very narrow exception (the “Escrow Exception”) which permits the collection of advance fees if the funds are placed in a dedicated escrow-type account that meets five specific requirements, namely:

  • The account is at an insured financial institution;
  • The customer owns those funds and is paid accrued interest;
  • The account holder is not owned or controlled by the debt relief servicer;
  • The account holder does not give or accept any referral fees; and
  • The customer may withdraw from the debt relief service at any time without penalty and, upon withdrawal, must receive all funds in the account, except for compliant advance fees, within seven days of the withdrawal request.” – Source, Source

Here is How This All Unfolded

Kyle Fraiser is the male voice on the recorded call. He is also the owner of a Texas only debt relief company named Cut Up Debt.

Fraiser later told me how he came to get caught in the middle here. He said, “I know her late husband’s sister professionally because she does investment work. She is aware of my profession and has sent me a few referrals in the past.”

The friend wound up referring the consumer to Fraiser for help clearing this up after her brother, and the late husband of the consumer passed away.

Fraiser explained the event by saying, “After her [investment friend] brother died she learned they had hired DNS back in May.

He went on to say, “She called me and told me her brother had died and his widow had questions about getting out of debt and was already working with another company.

We talked on the phone and the more she told me about the company and its processes I became alarmed. I told her she was not obligated to stay in this program and could cancel at any time without penalty. She decided she wanted to cancel because about half of the accounts were in his name only and there is not an estate for those creditors to go after. Also, she simply could not afford the program anymore without his income.

The next day I went to her home to look over her paperwork and help her see her options. That is when I was told she had been getting the run around all day trying to get her money back. I offered to speak to them on her behalf to see if I could discover the disconnect. I could not leave her to fight this fight by herself. It was during this meeting at her house the call to DNS was made and recorded.”

Fraiser provided some clarity on what had allegedly transpired during the start of the call that was not recorded. He said, “The same lady answered the phone who had earlier told [the client] she would get her money sent out that day and then she called back and told [the client] it wouldn’t be happening. I simply told her that her company was crossing over into very dangerous territory by withholding her money and that this situation would get escalated as far as necessary to get it resolved. I made sure she knew that included CFPB, FTC, AGs, etc. She just said told me to hold and we waited a few minutes before the [male on the recording] got on the line.”

Can We Get a Happy Ending to This Situation?

I welcome any comment DNS wants to contribute to this post. I hope this can all end with the woman promptly getting her money back and DNS making a statement about how this kind of behavior is not acceptable by their representative.

I have sent the link to this story to AFCC for a response or comment.

Transcript

Kyle Fraiser: I was, I never said I was personal friends with the attorney general.

DNS Representative: Considering that I actually do know who the attorney general is in the state of Texas, you know, and I actually do know people that work in that office ‘cause as I told you, we are licensed in the state of Texas. Are you licensed in the state of Texas?

Kyle Fraiser: Absolutely.

DNS Representative: Okay. So then you know exactly what the law is and you can run your mouth and you can threaten the women in my office all day long if you want –

Kyle Fraiser: Sir, I haven’t threatened anybody.

DNS Representative: — it won’t change the outcome of when the check is issued.

Kyle Fraiser: I have not threatened anybody.

DNS Representative: It will be consistent with how we operate this program and we are going to comply with all state and federal laws as well as the United States Patriot Act. We do not use a third-party clearinghouse, your company obviously does, sir, which is against the law but it ____ to our _____.

Kyle Fraiser: What? No, it’s not.

DNS Representative: All of our clients have their own FDIC. Sir, I’ve done some quick google searches, I would be willing to bet you’re using a company like Global Client Solutions or some other lawbreaker to hold peoples’ money and this woman should know that this is illegal.

Kyle Fraiser: It’s not illegal.

DNS Representative: And by doing so she runs the risk of having all of her money disappear tomorrow.

Kyle Fraiser: That is totally not true.

DNS Representative: [Inaudible-crosstalk] 100 percent, that is 100 percent true.

Kyle Fraiser: No, it’s not.

DNS Representative: She will receive a check in 30 days for the ____ of what she has on the savings.

Consumer: Why?

DNS Representative: And no amount of intimidation or threats or curse words are going to change it and I don’t care if it’s God himself that you bring into the room to make that threat.

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[Crosstalk]

Kyle Fraiser: Where is it on the contact that, that outlays that?

DNS Representative: Because we comply with the law. So once again, I’ve explained to you what the process is, I’ve explained to you what the timeline is, and it says in very plain English in the agreement that it would take a minimum of 30 days.

Kyle Fraiser: Where can I find that in the agreement?

[Crosstalk]

DNS Representative: Sir, it doesn’t matter.

Kyle Fraiser: Well, I want to see it for myself.

DNS Representative: I’m not going to argue it with you. I know it’s in the agreement. I know exactly what it says.

Consumer: [Sighing]

DNS Representative: It does say that in the agreement and it is going to be 30 days. So if you request to cancel today that’s fine, we will make that person a pending cancel. We will not draft any new payments for them but she should know that she is engaged with someone that is not telling her the truth, that’s using a third-party clearinghouse.

Consumer: [Sighing]

DNS Representative: And is trying to poach a client and, and claim to be somebody that knows her personally, which you clearly do not.

Kyle Fraiser: What —

DNS Representative: You clearly do not understand the laws both in your state as well as what governed us on a federal level.

Consumer: [Sighing]

Kyle Fraiser: Sir.

DNS Representative: Because if you did you wouldn’t have said half the stuff I’ve heard you say on the phone.

Kyle Fraiser: Sir.

DNS Representative: Which is absolutely not in compliance with any of the laws that regulate this industry.

Kyle Fraiser: Sir.

DNS Representative: So let me reiterate to you again –

Kyle Fraiser: Why are you talking over me?

Kyle Fraiser: In my office again, and I guarantee you it will be 180 days in an arbitration hearing at your expense before this matter is resolved.

Consumer: No, there isn’t going to be an arbitrator.

Kyle Fraiser: So now you’re saying you’re threatening to hold her money for 180 days because she called and asked about it.

DNS Representative: No, I’m saying to comply with the agreement that she signed because you’ve threatened the woman in my office and I don’t tolerate that.

Kyle Fraiser: I have not threatened a woman in your office. You said you have a recorded line.

DNS Representative: I recorded you on a recorded line.

Kyle Fraiser: Okay, well good, make sure you save the recording.

DNS Representative: ‘Cause I got a recorded line.

Kyle Fraiser: Make sure you save the recording.

DNS Representative: I got the recording I’ll be more than happy to play it for you at the arbitration hearing.

Kyle Fraiser: So, so now you’re saying you’re going to hold her money for 180 days.

DNS Representative: You talked yourself into it. You’ve talked yourself into it. So you threatened somebody in my office.

Consumer: [Sighing]

DNS Representative: You said that you’re going to personally go to the state attorney general so I welcome that, I’ll be more than happy to – would you like their phone number, by the way?

Kyle Fraiser: No sir, I’m sure I’m capable of finding it.

DNS Representative: Do you want or do you want to not make a stupid threat like that.

Kyle Fraiser: What I want you to do is tell me –

DNS Representative: [Crosstalk-inaudible] going to intimidate somebody you need, I know exactly who you are, you are a salesperson from a, from a comp – some type of debt relief company.

Consumer: No, he isn’t.

DNS Representative: Who’s trying to steal this woman’s money.

Kyle Fraiser: Sir.

DNS Representative: If you think that you’re going to intimidate – we have been this for over 20 years.

Kyle Fraiser: I’ve been doing it for 25, sir.

DNS Representative: You haven’t been doing it at all.

Kyle Fraiser: Yes, I have

DNS Representative: ‘Cause you don’t know the law.

Kyle Fraiser: Yes, I do.

DNS Representative: [Inaudible-crosstalk] You don’t know the law.

Consumer: [Giggling]

DNS Representative: And, and, and you wouldn’t be threatening me with the state attorney general’s office if you knew one thing about who my company is.

Kyle Fraiser: Sir, I don’t know anything about your company.

DNS Representative: You, you would [inaudible-crosstalk] who owns this company and you would know that the owners of this company are both two former federal prosecutors who aren’t going to be intimidated by the likes of some pissant like you.

Consumer: [Giggle]

Kyle Fraiser: Sir, this lady lost her husband four days ago.

DNS Representative: You’ve heard, you’ve heard everything that I’m going to say.

Kyle Fraiser: You have no sympathy for a lady who lost her husband.

DNS Representative: [Inaudible-crosstalk] I’m not talking to her I’m talking to you. You’re the one that was threatening women in my office so now you’re dealing with me at 11.

Kyle Fraiser: And what’s your name?

DNS Representative: So, one again, I will repeat to you what the timeline is.

Kyle Fraiser: What’s your name?

DNS Representative: You will get a call in 15 business days to confirm her mailing address and then she will receive a check after that in 30 calendar days minimum of the balance of the money that she has in savings in our program.

Kyle Fraiser: How much are your monthly fees?

DNS Representative: That’s how it’s going to be. That’s the way that it is – we don’t have any monthly fees.

Consumer: [Gasping]

DNS Representative: So obviously, you weren’t reading the agreement. She has never been charged a fee by us once.

Consumer: [Inaudible-crosstalk] that’s not what it says.

DNS Representative: So once again you are a fraud. And you are making threats against people that know better. I would recommend that you focus more of your time on somebody who doesn’t know better.

Kyle Fraiser: Sir, what I’m telling you is —

DNS Representative: No, sir. [Inaudible-crosstalk]

Kyle Fraiser: — you have no right to hold this lady’s money.

DNS Representative: I’m not, we’re not holding the money, we, she requested to cancel today and we gave you what the timeline is for the cancel.

Kyle Fraiser: Right, but why —

DNS Representative: I know that you would desperately like it so that you collect a fee from her but we’re not going to do that for you.

Consumer: No, no, no.

Kyle Fraiser: Why do you —

DNS Representative: What we’re going to do, excuse me —

Kyle Fraiser: You excuse me.

DNS Representative: I’m was going, I’m going to give you the, um, okay then, you know what, sir, one more time you cut me off this conversation ends, I’m going to set the file away and then you can contact our, our counsel, which is Greg Young, he’s our in house counsel.

[Conversation between Male 1 and Female while Male 2 is still speaking]

Kyle Fraiser: That’s ______.

Consumer: He said there is a ______.

Kyle Fraiser: That’s for the bait charges that he doesn’t –

Consumer: Okay

DNS Representative: He’ll be more than happy to deal with you directly. He will also be the person that he _____ the arbitration here.

Kyle Fraiser: Sir.

DNS Representative: No, don’t sir me, don’t anything with me, keep your mouth shut.

Consumer: [Gasping]

DNS Representative: I will explain the timeline and I’m going to disconnect the call. And first off, do not ever threaten another person in this office.

Kyle Fraiser: Sir, nobody was threatened.

DNS Representative: [Inaudible-crosstalk] clients that you’re trying to poach, I have 4,000 of them so I can live without a client and that will be perfectly fine. Obviously, you’re desperate for the business, which is why you’re willing to hold this woman hostage and lie to her right to her face, which is disgusting and horrible. And you’re the reason why this industry has a bad name.

Consumer: And what is he doing?

DNS Representative: You personally are a reason why this industry [beeping] you know that.

Kyle Fraiser: And, and, and I am an OCCAM, I am an OCCAM certified business.

DNS Representative: [Inaudible-crosstalk] dirtbag and the fact that you are trying to steal this woman’s money, I hope that she realizes [beep] who you are and what you are.

Consumer: [Sighing]

DNS Representative: Because we will, will do everything in our power to put you out of business but my guess is is that you’ll be out of business soon enough because you’re, you’re a sick [beep] person from some debt settlement company that was told that the best way to resolve these matters is to threaten that company that you’re going to call the attorney general or the FBI or the CIA.

Consumer: You didn’t say anything of that.

DNS Representative: That doesn’t work here. We have a very specific process. You have requested to cancel as of today.

Consumer: [Inaudible-whispering]

DNS Representative: That file has been moved to _____ and then cancel, which automatically stops any new payments from being drafted from that client. It also stops any, any activity as far as settlements and negotiating with the creditors. During that 15 days the creditors will be notified of the clients desire not to settle her accounts.

Consumer: That’s _____. [Giggling]

DNS Representative: They will be notified both by phone and in writing that it is her desire not to settle her accounts.

Consumer: Isn’t that typical?

DNS Representative: We will also withdraw our POA from each of those creditors during that timeframe. And then, after that timeframe, which is 15 business days, could be sooner, could be a little bit after but it’s a minimum of 15 days she will get a call from the closeout department. The closeout department will go ahead and issue the closeout check, they will confirm the address in which the check is going to be mailed to, and then she’ll receive the check after approximate 30 calendar days from the day that she requested the cancel.

So it will be December 15 or later before she receives the check. And like I said, you can threaten, you can do whatever you would like and that process still will not change. That is the process. That’s the way it’s going to be.

Consumer: And I need to get _____.

DNS Representative: Any other way different from that will result in an arbitration hearing.

Kyle Fraiser: Well where can I find that in the agreement?

DNS Representative: Well, you, why don’t you sit down and read through the agreement starting at page one and find it for yourself?

Consumer: [Laughing]

Kyle Fraiser: You have no idea who you’re talking to, honestly, you really don’t.

DNS Representative: I, I know who I’m talking to, it’s someone who obviously doesn’t understand anything.

Kyle Fraiser: You’re a fool is what you are. You deserve to be in federal prison.

DNS Representative: And that’s why [inaudible-crosstalk] Well, I welcome that, sir.

Kyle Fraiser: You probably belong there and probably already been there.

DNS Representative: I’ve never been to prison. I’ve never been to prison ever in my life. I’m never going to go to prison ever in my life.

Consumer: You hope so.

DNS Representative: You know exactly what you are you just don’t like being told what you are. You’re a fraud and that’s who you are.

Kyle Fraiser: Did you know, did you know –

DNS Representative: And, and that’s all you’re ever going to be.

Kyle Fraiser: One of the top consumer protection guys even above Robby Birnbaum is a personal friend of mine and I promise you, this will be all over –

DNS Representative: Yeah, I, I, I, I know who Robby is and Robby Birnbaum is not a consumer protection fraud.

Kyle Fraiser: No, he’s not. He’s a, he’s a lawyer. He’s an AFCC president.

DNS Representative: He works at the law firm, the law firm of Greenspoon & Marder.

Kyle Fraiser: Yes, he’s the president of the AFCC.

DNS Representative: I know exactly who he is, sir, you’re a liar. You’re a liar. Yes, yes please, do me a favor, have a Robby Birnbaum call my office.

Kyle Fraiser: I didn’t say Robby was going to call you, you won’t even listen.

DNS Representative: Have Robby call my office or have anybody from the trade organization call my office on Monday. I want them to do that.

Kyle Fraiser: Well who do they ask for? What’s your name?

DNS Representative: You talk to me. No, no, sir, you just brought them into it so that’s a perfect scenario. Let’s let them arbitrate the matter.

Consumer: He’s [inaudible-crosstalk].

DNS Representative: And let’s schedule an arbitration with the trade organization immediately on Monday.

Kyle Fraiser: The trade organization is trashed.

DNS Representative: You can come in, you can come in, you’re a bigshot, as you’re saying, so you should be able to come in, I’m sure you can afford a plane ticket, and why don’t you get on a plane and we’ll, we’ll even have somebody pick you up at the airport just in case the cost is a little bit too much for you.

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Consumer: [Inaudible-crosstalk]

DNS Representative: You know. But like I told you, the process that we follow is the same pross that we, process we have followed for decades. It is not going to change.

Consumer: Uh-uh.

DNS Representative: We do not use a clearinghouse. All of our clients have actual account at a bank that’s in their name. And we will ____ your client [inaudible-crosstalk] —

Consumer: Then why can’t I have my money.

Kyle Fraiser: Then, sir, let me ask you one question.

DNS Representative: — and how that account is closed. So once again, you are making threats to the wrong people.

Kyle Fraiser: I have one question.

DNS Representative: So now, now I, I will call Robby on Monday.

Kyle Fraiser: I have one question.

DNS Representative: I’ll have one of our owners call Robby on Monday and ask them why somebody that is clearly not in the trade organization or at least not as an officer is threatening us.

Kyle Fraiser: You couldn’t pay me to be in the AFCC.

DNS Representative: And ask them, and ask them to sanction that company. Because you’re a fraud and you just want, now you’ve been caught lying.

Consumer: And you don’t let anybody ____ talk to you.

DNS Representative: You just said that you were going to call Robby Birnbaum.

Kyle Fraiser: That is not what I said.

DNS Representative: You were going to do all this stuff and now you’re saying that the organization that he runs is not a valid organization after you just said two seconds ago that he was your personal friend and that he would come and straighten me out.

Kyle Fraiser: I did not say that he was coming.

DNS Representative: [Inaudible-crosstalk] loser.

Kyle Fraiser: Sir, that is not what I said. I did not say Robby was going to do anything.

DNS Representative: Total, total idiot and loser.

Kyle Fraiser: I did not say that.

DNS Representative: To have even gone down that path. You don’t know any of these people.

Kyle Fraiser: Did you realize I have 20 minutes of your recording of, of you blasting and acting like a fool?

DNS Representative: I have the beginning of your call to the end and I have no problem with it. I will stand in a court of law anywhere and stand by every word that I’ve told you. And I will tell you right to your face in a courtroom you are a loser.

Consumer: But you haven’t given him his name yet.

Kyle Fraiser: Okay, then tell it to your client. Tell it to your client here.

DNS Representative: You are an absolute scammer.

Kyle Fraiser: Talk to him. Just say –

DNS Representative: You are trying to take this woman’s money.

Consumer: Sir. Sir, this is [consumer], it’s my money.

DNS Representative: [Inaudible] I understand that. And I explained to you and –

Consumer: Sir, I would like to know what your name is.

DNS Representative: I explained to you and I explained to [inaudible-crosstalk]

Consumer: Why will you not give me your name?

DNS Representative: I did give you the names.
Consumer: No, you did not. I’ve been sitting here listening to the whole thing.

DNS Representative: I, I gave my name out when I jumped on the call.

Consumer: No, you did not.

DNS Representative: And, and since then, not only did he threaten my customer service representative but he threatened me [inaudible-crosstalk]

Consumer: Sir, I was sitting here and listening to everything that has been said.

DNS Representative: So, so, let me explain the process to you again.

Consumer: No, I don’t need you to explain the process to me.

DNS Representative: Well then, then there’s no, there’s, then the [inaudible-crosstalk]

Consumer: I want to know what your name is.

DNS Representative: You will also – you will absolutely receive your check from our office in the timeframe –

Consumer: [Loudly] What is your name?

DNS Representative: I’ve already given you my name.

Consumer: No, you haven’t given me your name.

DNS Representative: I have given you my name.

Consumer: You have not.

DNS Representative: I’m not going to play this game with you or him, obviously [inaudible-crosstalk]

Consumer: That is not a game I want to know what your name is.

DNS Representative: Ma’am, I’ve already answered all of your questions.

Consumer: No, you haven’t.

DNS Representative: [inaudible-crosstalk] my name. Listen to the recording and you will hear my name.

Consumer: What is your name?

DNS Representative: Listen to the recording and you will hear my name.

Consumer: Is there anything wrong with your name that you can’t give it to me?

DNS Representative: No. No. How would you know that I’m even telling you the truth? So I would recommend strongly [inaudible-crosstalk]

Consumer: How do I know that you’re telling me the truth about anything?

DNS Representative: Okay, then why are we even talking if that’s the case?

Consumer: Because this is the only place I’ve been given to call.

DNS Representative: [Inaudible-crosstalk] to the recording that you said you just made, you know, you made a recording on your phone line according to this, this guy, this loser, you know, and [inaudible-crosstalk]

Consumer: Sir, what is your name that is all I’ve asked you.

DNS Representative: Ma’am, I’ve explained to you the process.

Consumer: I didn’t ask you the process.

DNS Representative: [Inaudible-crosstalk] representative. You have threatened me.

Consumer: I have not threatened you about anything.

DNS Representative: [Inaudible-crosstalk] I’m not going to play the name game with you. You have been given the timeline. You said [inaudible-crosstalk]

Consumer: How is that a name game?

DNS Representative: You will receive your check within the timeline. Have a wonderful weekend.

Consumer: You are afraid of your name aren’t you?

DNS Representative: Wonderful weekend, ma’am. Yes, you can curse at me or anything else.

Consumer: How is that a curse?

DNS Representative: It’s not going to change the [inaudible-crosstalk]
Consumer: Mister, I want to know what your name is.

DNS Representative: We will send you your check.

Consumer: You have not told me what your name is yet.

DNS Representative: You will have 100 percent the money that you owed in it but you will not be threatening me, you will not be threatening any of my staff here under any circumstances.

Consumer: I have not threatened anybody.

DNS Representative: And we’re certainly not going to have some loser sales rep from some, from some non-certified company actually [inaudible-crosstalk]

Consumer: Sir, you don’t know what company he’s with.

DNS Representative: Who, who use somebody’s name that I know personally as like some type of threat to me.

Consumer: [Laughing] What has that got to do with it?

DNS Representative: He’s a complete idiot to have said that.

Consumer: What does that have to do with me asking you for your name?

DNS Representative: Ma’am, I’ve explained to you what my name is.

Consumer: No, you haven’t.

DNS Representative: You have the recording on your home line that you made.

Consumer: You have never told me what your name is.

DNS Representative: [Inaudible-crosstalk] the call.

Consumer: Boy, he’s a liar.

DNS Representative: You will hear my name right at the start of the call on your recording.

Consumer: It is not my recording.

DNS Representative: Well, he should have no problems giving you a copy of his recording.

Consumer: And I don’t know anything about that recording. I want to know what your name is?

DNS Representative: Ma’am, I’m not giving you my name. I’m not playing this game. I already gave my name out.

Consumer: Since, since when is that a game?

DNS Representative: Yes, my name is ______.

Consumer: You have my money and I want to know what your name is.

DNS Representative: No, I don’t, we don’t have your money, ma’am, that’s the whole point of [inaudible-crosstalk]

Consumer: Are you, are you a bank? Are you a bank?

DNS Representative: No. No.

Kyle Fraiser: What gives him permission to hold up your money?

DNS Representative: Your money is in a bank and I am not a bank.

Consumer: You’re not a bank?

DNS Representative: In an account that’s in your name.

Kyle Fraiser: Well, then why can’t she get it?

Consumer: Then why can I not get it?

DNS Representative: You are getting your money in 30 days as I explained –

Consumer: No. No, no, no, no, no, no. First of all –

DNS Representative: You will receive a check in 30 days that’s the way it’s going to be.

Consumer: Where did you get the money that’s in the bank?

DNS Representative: [Inaudible-crosstalk] argument.

Consumer: Where did you get the money that’s in the bank?

DNS Representative: That money was drafted as per the paperwork that you signed.

Consumer: That money was drafted from my, that was –

DNS Representative: [Inaudible-crosstalk] you will receive a check. Ma’am, we have never and we will never reverse money back to someone’s account. That’s not going to happen [inaudible-crosstalk] through that.

Consumer: Nobody asked you to do that.

DNS Representative: What we’re going to do is issue you a closeout check, which is the equivalent of a cashier’s check.

Consumer: I didn’t, I have never asked you to do anything.

DNS Representative: [Inaudible-crosstalk] and you will receive that within 30 days.

Consumer: I have never asked you to do that.

DNS Representative: That’s the way it’s going to work. So we’re not trying to hold any money.

Consumer: Mister.

DNS Representative: We’re going to move it along as quickly as possible.

Consumer: You don’t know what you’re saying.

DNS Representative: It will be 30 days.

Consumer: You keep going in a circle and you’re not saying anything.

DNS Representative: Okay, so then let’s just end the conversation.

Consumer: No, I would like to know – I didn’t start this conversation, you did.

DNS Representative: We, we, we didn’t actually call you.

Consumer: I would like to know –

DNS Representative: I can’t believe this.

Consumer: I would like to know, please, what your name is?

DNS Representative: And I’ve already answered that question more than once and –

Consumer: No, you haven’t.

DNS Representative: — not going to change. Ma’am, listen to the recording and you will have my name or was he lying about the recording like [inaudible-crosstalk]

Consumer: Is that, is that – you have said more than once on a recording what your name is?

Kyle Fraiser: No, he hasn’t.

DNS Representative: Yes

Consumer: No, you have not.

DNS Representative: Yes, I have.

Consumer: And you have not told me yet.

DNS Representative: [Inaudible] any longer, this is where the conversation ends.

Kyle Fraiser: What’s his title?

DNS Representative: I’m not going to –

Consumer: What is your title then?

DNS Representative: Uh, uh, it doesn’t matter what my title is.

Consumer: Well, yes, it does.

DNS Representative: My title is gatekeeper. I’m the gatekeeper.

Consumer: You’re the gatekeeper.

DNS Representative: I’m the gatekeeper. I’m the one –

Consumer: Are you by any chance a religious man, sir?

DNS Representative: Absolutely.

Consumer: Do you know what the gatekeeper is in the Bible?

DNS Representative: Yeah, most, most people, most people who would try to quote the Bible with me don’t start the conversation off with my sales rep threatening them and also threatening me.

Consumer: I haven’t threatened your sales rep once.

DNS Representative: Ma’am, if, if this person that you have hired is threatening –

Consumer: I haven’t hired anyone.

DNS Representative: He said that he’s your power of attorney.

Kyle Fraiser: I did not say that.

Consumer: He is not my power of attorney. He is my friend.

DNS Representative: But he’s a liar and he started this conversation as a lie and we’re not going to continue the conversation, I’m going to hang up in five seconds.

Consumer: Mister, you don’t know what you’re saying.

DNS Representative: [Inaudible-crosstalk] you. All right, ma’am, clearly, you don’t want to have a conversation with me, you can take –

Consumer: No, you can’t have a conversation with you.

DNS Representative: [Inaudible-crosstalk] I’m, I’m, let me, let me explain to you exactly –

Consumer: A conversation is two ways.

DNS Representative: You know, let me explain to you exactly what’s going to happen from now.

Consumer: I don’t need you to tell me again.

DNS Representative: [Inaudible-crosstalk] handling this situation entirely.

Consumer: [Sighing]

DNS Representative: No one up here will be talking to you or to this other person whoever he is at any point ever in the future. If you would like to have someone talk to us you have your – [inaudible-crosstalk]

Consumer: If you want me to bring a lawyer into it, I will but I didn’t call you for that.

Kyle Fraiser: Yes, we want it to go to the lawyer.

DNS Representative: All right, thank you very much, I look forward to hearing from your attorney, have a nice weekend.

Consumer: I hope you do ‘cause you’re gonna need it. 0:06:36.9

[End of Audio]

Update 11-26-2019

In response to a comment, I went to see if Debt Negotiation Services is registered to do business in Texas. They are. However, it does not appear they have an assumed name registered to operate as Debt Negotiation Services.




About the author

Steve Rhode

Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.

7 Comments

  • Ella, it is not a confilict of interest at all. The services actually really compliment each other very well. It really gives us a very unique ability to offer what others cannot. For example, if we are doing credit repair and it gets to the point where a settlement needs to be negotiated in an effort to improve their credit we can legally do that because we are a licensed debt management provider. Also, once a client completes their debt settlement program with us we put them in our credit repair and rebuilding program at no extra cost.

    Steve, we actually work in Texas and Florida. Our credit repair license is issued by the Texas SOS and our debt management licene is issued by the Texas OCCC. We are current with both requirements and bonded for each as well. We are also proud to be an OCCAM certified company. For more information visit http://www.occamalliance.org.

    Thanks so much for your great reporting on this mess.

    Kyle Frasier
    Cut Up Debt Owner/Founder
    http://www.cutupdebt.com

  • That is rotten of Debt Negotiation Services. What an Evil company. Maybe this call should be forwarded to the office of the OCCC and attorney General in Texas. I wonder if that would affect their license that they are so proud of.

    I applaud Cut Up Debt for helping in this situation. I noticed that Cut Up Debt does credit repair AND debt settlement. Isn’t that a pretty extreme conflict of interest to do both credit repair AND debt settlement? I understand a settlement company referring to a reputable credit repair company, but to do both under one roof?? To me that is just asking for enforcement action.

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