- Report: #364878
Complaint Review: Consumer Portfolio Services - Chesapeake Virginia
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Consumer Portfolio Services
860 Greenbriar Circle Tower 1, Suite 600 Chesapeake, 23320 Virginia, U.S.A.
Phone:
800-7570211
Web:
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Consumer Portfolio Services Repeatedly tried to withdraw money from checking account without authorization and spoke to family members regarding my personal debt Chesapeake Virginia *EDitor's Suggestions on how to get your money back into your bank account!
My fiance bought a car in April 2008 and was financed by Consumer Portfolio Services. Around the time his first payment was due we started receiving NSF charges on our bank account from TruePay. Apparently TruePay is a third party payment collection company they use. We politely call and explained that we never authorized such a transaction. We received 5 more attempted automatic debits over the next 3 months. We had called on several occasions requesting they stop these transactions as they had no authorization in the first place. CPS told us they have no affiliation with TruePay and that it is a different company.
Although, everytime we called CPS previously and asked they stop the payments they agreed to do so. They are now calling myself (who is not on the loan), my fiances job, and family members discussing the debt with them which violates debt collection laws. They have told family members what is owed on the vehicle, that he has repeatedly bounced payments to them, and that he owes them a certain amount of dollars. They have left messages on my phone as early as 7am and as late as 10pm which i have saved on my cellphone, and its not even my debt. When I returned the last call today at 11:00am, the lady was rude. I asked why they were calling as a payment had been set up to take care of this account, and not only did she belittle me, but referred to my fiance as negating his reponsibility to his account and frivolously writing bad checks. I explained the situation with Truepay and they had been repeatedly asked to stop drafting the account as it was no longer in use, and she replied that it was a separate company and not their problem, even though it is the only way outside moneygram they will allow you to pay.
It is also, by the way, against fair debt collection practices to ask for a postdated check as payment for a debt as well as to demand a payment which costs money to send. We had spoken to Mrs. Robertson who told us we just had to settle the account by the 31st of August and everything would be fine. When I spoke to Ms. Howard today, she informed me that was never documented even though that conversation had taken place on numerous occasions and Ms. Howard informed me Ms. Robertson was out of the office all week (convenient) and she could not speak to her to verify this, so she is only giving us until Friday, the 22nd, at which time she will be "forced to take action". I don't know what level this company is operating under or why they think they are ahead of the law, but I have faxed a cease and desist letter as well as filed a complaint with the federal trade commission as well as the better business bureau. I suggest everyone does the same and we would be more than happy to start or join any events to make sure this company can no longer do business.
Rachelle
virginia beach, Virginia
U.S.A.
EDitor's Suggestions on how to get your money back!
HERE IS WHAT RIP-OFF REPORT SUGGESTS YOU DO:
Go to your bank within 60 days of the charge, or as soon as you know about the charge, don't delay, and tell them that there has been fraudulent activity within your account. Explain that you wish to file a dispute, and demand that they assist you in accordance with Federal Regulation E.
According to the majority of victims interviewed by Rip-off Report, those who immediately called their banks to dispute the charges did not get very far. Many victims got the following responses from their banks: we could not do anything for you or you waited too long; it has been more than 60 days.
If the bank is says that you have waited too long, explain to them how you called their 800 number as soon as the charges were found, and were told by the bank that nothing could be done. Remind the bank that they failed to assist you properly at the 800 #, and instead, provided you with an inadequate explanation of your right to dispute. Tell the bank that it's their fault time has expired, and since they gave you the wrong info to begin with, they will just have to deal with it, take the loss and reverse the charges.
Tell them the truth; this was unauthorized and your account was NOT to be charged! Keep emphasizing how you never authorized anything! Direct them to the hundreds of victims reports that were filed on Rip-off Report.com. And if you're at the bank, walk them over to their computer and make them go to this site! If you are on the phone with them, tell them you will wait while they access this site! Either way, be persistent!
DO NOT TAKE NO FOR AN ANSWER!
Let them know nicely, that you were advised to Report them (the Bank) and this situation to the Banking Commission in your state. Since each state has a different name for the agency/controller over banks, find that name before you call or get to the bank so you can throw it in their face. The more knowledgeable you appear to be, the further you will get.
And just continue to demand the Federal Regulation E form! The bank CAN, MUST and WILL reverse the charge! But, you must be persistent; ask to speak to the supervisor or the area manager for all the branches in the state.
Let the bank personnel know you are meeting with the media later in the day, that you would much rather they do the right thing (as most other banks have) by looking at the complaints and immediately reversing the charge(s) to your account; no matter how long ago it was. Be sure to call the Media if necessary so you are telling the truth.
If you have to, be loud (but nice) in front of other customers. If you are just calling by phone, the above tactics should still work. The bank can easily fax or mail to you the Federal Regulation E dispute form.
CHARGES TO YOUR CREDIT CARD
If the charge was to your credit card (not debit card, check card, or checking account), contact the credit card company as soon as possible to request a dispute form. Consumers usually have a little longer to dispute fraudulent credit card charges (up to 6 months), but it is better to act right away. In this type of situation, credit card disputes are usually successful since fraudulent companies often won't contest the disputed charge. In rare cases, credit card companies will review disputes, but refuse to reverse the charges. If this occurs, complain to a manager and let them know you will be filing a report here.
Remember Don't let them get away with it! Make sure they make the Rip-off Report .. The more Reports filed on a Company or individual, the more likely it is that the authorities, media and attorneys will want to take action.
Although, everytime we called CPS previously and asked they stop the payments they agreed to do so. They are now calling myself (who is not on the loan), my fiances job, and family members discussing the debt with them which violates debt collection laws. They have told family members what is owed on the vehicle, that he has repeatedly bounced payments to them, and that he owes them a certain amount of dollars. They have left messages on my phone as early as 7am and as late as 10pm which i have saved on my cellphone, and its not even my debt. When I returned the last call today at 11:00am, the lady was rude. I asked why they were calling as a payment had been set up to take care of this account, and not only did she belittle me, but referred to my fiance as negating his reponsibility to his account and frivolously writing bad checks. I explained the situation with Truepay and they had been repeatedly asked to stop drafting the account as it was no longer in use, and she replied that it was a separate company and not their problem, even though it is the only way outside moneygram they will allow you to pay.
It is also, by the way, against fair debt collection practices to ask for a postdated check as payment for a debt as well as to demand a payment which costs money to send. We had spoken to Mrs. Robertson who told us we just had to settle the account by the 31st of August and everything would be fine. When I spoke to Ms. Howard today, she informed me that was never documented even though that conversation had taken place on numerous occasions and Ms. Howard informed me Ms. Robertson was out of the office all week (convenient) and she could not speak to her to verify this, so she is only giving us until Friday, the 22nd, at which time she will be "forced to take action". I don't know what level this company is operating under or why they think they are ahead of the law, but I have faxed a cease and desist letter as well as filed a complaint with the federal trade commission as well as the better business bureau. I suggest everyone does the same and we would be more than happy to start or join any events to make sure this company can no longer do business.
Rachelle
virginia beach, Virginia
U.S.A.
EDitor's Suggestions on how to get your money back!
HERE IS WHAT RIP-OFF REPORT SUGGESTS YOU DO:
Go to your bank within 60 days of the charge, or as soon as you know about the charge, don't delay, and tell them that there has been fraudulent activity within your account. Explain that you wish to file a dispute, and demand that they assist you in accordance with Federal Regulation E.
According to the majority of victims interviewed by Rip-off Report, those who immediately called their banks to dispute the charges did not get very far. Many victims got the following responses from their banks: we could not do anything for you or you waited too long; it has been more than 60 days.
If the bank is says that you have waited too long, explain to them how you called their 800 number as soon as the charges were found, and were told by the bank that nothing could be done. Remind the bank that they failed to assist you properly at the 800 #, and instead, provided you with an inadequate explanation of your right to dispute. Tell the bank that it's their fault time has expired, and since they gave you the wrong info to begin with, they will just have to deal with it, take the loss and reverse the charges.
Tell them the truth; this was unauthorized and your account was NOT to be charged! Keep emphasizing how you never authorized anything! Direct them to the hundreds of victims reports that were filed on Rip-off Report.com. And if you're at the bank, walk them over to their computer and make them go to this site! If you are on the phone with them, tell them you will wait while they access this site! Either way, be persistent!
DO NOT TAKE NO FOR AN ANSWER!
Let them know nicely, that you were advised to Report them (the Bank) and this situation to the Banking Commission in your state. Since each state has a different name for the agency/controller over banks, find that name before you call or get to the bank so you can throw it in their face. The more knowledgeable you appear to be, the further you will get.
And just continue to demand the Federal Regulation E form! The bank CAN, MUST and WILL reverse the charge! But, you must be persistent; ask to speak to the supervisor or the area manager for all the branches in the state.
Let the bank personnel know you are meeting with the media later in the day, that you would much rather they do the right thing (as most other banks have) by looking at the complaints and immediately reversing the charge(s) to your account; no matter how long ago it was. Be sure to call the Media if necessary so you are telling the truth.
If you have to, be loud (but nice) in front of other customers. If you are just calling by phone, the above tactics should still work. The bank can easily fax or mail to you the Federal Regulation E dispute form.
CHARGES TO YOUR CREDIT CARD
If the charge was to your credit card (not debit card, check card, or checking account), contact the credit card company as soon as possible to request a dispute form. Consumers usually have a little longer to dispute fraudulent credit card charges (up to 6 months), but it is better to act right away. In this type of situation, credit card disputes are usually successful since fraudulent companies often won't contest the disputed charge. In rare cases, credit card companies will review disputes, but refuse to reverse the charges. If this occurs, complain to a manager and let them know you will be filing a report here.
Remember Don't let them get away with it! Make sure they make the Rip-off Report .. The more Reports filed on a Company or individual, the more likely it is that the authorities, media and attorneys will want to take action.
