- Report: #302978
Complaint Review: "Consumer Portfolio Services" And "The Finance Co." - Internet
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"Consumer Portfolio Services" And "The Finance Co."
Internet, U.S.A.
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COLLECTION FRAUD !!!"Consumer Portfolio Services" And "The Finance Co." i WON A LAW SUIT 6 YEARS AGO. TODAY i GET A CALL ASKING FOR $8 K. Hmmmm.....Internet
Six years ago, in 2002. I financed a 98' Nissan Frontier for my wife (now ex-wife). We had the truck for one month and noticed that the front end shook really bad. There was frame damage!! We bought this in Altus, OK from a dealership called Toyota Putnam. I took the truck back and explained to the owner why I was upset. He said that there was nothing he could do about it. Long story short.....I got a lawyer named Brendan McHugh and had a lawsuit against the company. I won and the finance company (actually called "The Finance Co.") paid off the vehicle and refunded me the payments I made on it. I, in turn, gave that money to pay off my lawyer. Sounds great right, wrong!
I got a phone call today from Consumer Portfolio Services saying that they bought the collection from The Finace Co. and now I owe them over $8,000. I explained to them that I had a lawsuit on the other company and I won. They said taht they have no records of this and asked if I could prove it. I kept the paperwork filed for a few years but I eventually threw it away. I told them the names of the companies and the name of my lawyer and they told me that I'll have to resolve this myself. I asked them how is it possible for me to have excellent credit and no history of this for six years and then all of the sudden BAM? They couldn't explain this to me.
So now I'm contacting that lawyer and praying that he has the paperwork from SIX YEARS AGO! They said that this will go on my credit report. How is this possible? If anyone can help me I would greatly appreciate it! I will update what happens on here as time goes by. If this misunderstanding, scam, collection fraud, etc. (what ever this is) excels any further I will be expecting a "BIG CHECK" from them for I will be going to court.
Billy ray
Houston, Texas
U.S.A.
I got a phone call today from Consumer Portfolio Services saying that they bought the collection from The Finace Co. and now I owe them over $8,000. I explained to them that I had a lawsuit on the other company and I won. They said taht they have no records of this and asked if I could prove it. I kept the paperwork filed for a few years but I eventually threw it away. I told them the names of the companies and the name of my lawyer and they told me that I'll have to resolve this myself. I asked them how is it possible for me to have excellent credit and no history of this for six years and then all of the sudden BAM? They couldn't explain this to me.
So now I'm contacting that lawyer and praying that he has the paperwork from SIX YEARS AGO! They said that this will go on my credit report. How is this possible? If anyone can help me I would greatly appreciate it! I will update what happens on here as time goes by. If this misunderstanding, scam, collection fraud, etc. (what ever this is) excels any further I will be expecting a "BIG CHECK" from them for I will be going to court.
Billy ray
Houston, Texas
U.S.A.
4 Updates & Rebuttals
Billy ray
Houston,Texas,
U.S.A.
Resolved!!!
#2Author of original report
Wed, June 04, 2008
Sorry for the late update. My lawyer did have the paperwork and faxed it to the company. I got an apology and it wasn't put on my credit report so all is well. It would've been nice to sue them though and get a lot of money. Oh well.......lol. Just goes to show you that you should always file important paperwork.
Billy ray
Houston,Texas,
U.S.A.
Contacted lawyer! Yes!!
#3Author of original report
Thu, January 24, 2008
I got a hold of my lawyer and he has the release form. He said he would call CPS and get them off my back! Then we find out that they have put this on my credit report. Well, they screwed up big time!! It looks like I'm going to be getting some money or at the least they are going to correct what they did! I'll update more when I find out!
Steve
Tucson,Arizona,
U.S.A.
Learn your Rights under Law
#4Consumer Suggestion
Thu, January 24, 2008
You need to go to a couple of web sites and learn all about the Fair Debt Collection Practices Act (FDCPA)(Federal) and the Texas Consumer Protection Act (TCPA) (State). Both of these protect you in this case. The site I prefer is Debtorboards dot com. You will learn the following: 1. The Statute of Limitations for suit over a debt in Texas is 4 years, so there is nothing, other than lie to you and scare you, that they can do to force you to pay them. 2.Under FDCPA, even THREATENING to sue on an Out of Statute debt is a violation, and they will owe you $1000 in Statutory Damages, which YOU can sue THEM for. 3. Even if they do put it on your credit file, it won't be there for long. Fair Credit Reporting Act (FCRA) says it must come off 7 years from the date of delinquency, so even if they do put it on this year, it will come off next year. Being so old it will have a minimal effect on your credit score. 4. If they re-age the debt by making it appear newer than it is, ten they have violated both FCRA and FDCPA, as well as the TCPA, and you would be suing them BIG-TIME. 5. It is their responsibility to prove the debt to you, not your responsibility to prove it isn't yours to them. FDCPA states that if you request "Validation" of the debt within 30 days of their first communication with you, then they must stop all collection action until they Validate the debt. If they try to collect before providing the Validation, they have violated FDCPA and you have a lawsuit against them.
J G Shrugged
Austin,Texas,
U.S.A.
If the settlement was made after the lawsuit was filed....
#5Consumer Suggestion
Thu, January 24, 2008
You should be able to get those records from the courthouse where the suit was filed. Yes, it will cost some money, but they should have them.
