blondie813

sneaky...DV of Credit Collection Services

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If you read between the lines, you will see that they have offered to cease collection efforts. They tried to cover themselves by trying to belittle you! :roll: They said a whole bunch of mess but in the end knew they had to cease and desist! :ah:ah:ah: In all that crap they wrote, the only thing the BBB office was concerned with was their leaving your alone! 8-)

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Interestingly enough, they say the account was placed with them 2 years ago. Then they go on to say that you have 30 days to dispute in writing from the first letter.

However, they never claim to have sent a letter.

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Another secret-

Insurance is always paid in advance. They cancel you as soon as you fail to pay. Therefore, you can't OWE anything on a policy they surely cancelled for non payment.

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Did CCS actually send you an initial letter... you did not indicate this, stating only that you saw it on your credit report?

A CCS rep has made contact with my wife (at work) on an account. I had recent activity late 2006 with another agency on this same account but I am thinking it has moved to CCS, though we have not received a letter.

Divemedic, should these guys be able to make contact via phone without first sending a letter?

I left a voicemessage for 'Tom' requesting that he not call my wife at the office and to identify his agency via written coorespondance so I know who is contacting us.

I only know it is CCS because of caller id... he never states the name in his messages.

He left a message today, stating that he WILL continue calling 'every day' and that my wife knows what he is calling about. My wife does not recall him identifying the company, though he did reference the original creditor and her SS#.

I do not even know where to send a DV (with cease and desist calling the office)... that is why I was curious if CCS should be sending written notification before calling.

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I belive the FDCPA statute clearly states that a debt collecter

a. must identify themselves, the company they are with, and the OC they are representing

b. if first contact is made by phone, a letter sent by mail should accompany no more than 5 days after first contact.

Then again, that may just be the California statute -- I cant remember which one it was on, it might make sense to look that up. I'd DV them right away though, just to get the phone calls to stop. Make sure your DV has a limited Cease and Desist in it (though, they are under no obligation to abide by it), and make sure that you re-iterate that any attempts to contact you about the matter without verification would be understood as a debt collection technique.

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I'm trying to catch up and not trying to beat a dead horse but there are 2 items in this letter that need to be pointed out:

In considering this matter, please remember that our customers are the creditors that place accounts with CCS. The complaints you have received are not from CCS customers or consumers, but rather from debtors who are not pleased with their situation from the outset.

This CA is trying to cover their A$$es...note the word "complaints" (plural). Are they a member of the BBB?

And more importantly this:

Our office has agreed with WhoaMelly's request to cease collections. This matter is now closed with our office.

If they truly have closed the account, they will ultimately lose interest in reporting it, or sell it. Do you do daily pulls of your reports?

It sounds like a CYA letter more to the BBB than to address your needs.

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809. Validation of debts [15 USC 1692g]

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

(B) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

© The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

CCS uses this as a common tactic...as do other CAs. They attempt to tell you the paragraph b limits you to 30 days to request validation....THAT IS NOT WHAT IT SAYS! What it says is that if you request validation within the first 30 days they MUST CEASE COLLECTION ACTIVITIES! That is ALL that paragraph states.

When you complain further -> outline this and claim that they are intentionally attempting to mislead the organization you are complaining to and if their knowledge of the FDCPA is so inept, then their procedures are as well and they need to be closed and/or sanctioned and/or fined!

I also have a CCS/Progressive collection on my CB. What happened to me is that my son totalled my car and they denied the claim. Then they sent me a cancellation notice which is required by FL law. They MUST give XX days notice before cancellation. BUT my policy was about to expire ANYWAY. I got new insurance. They billed me for the extra days that they said FL law required and I refused to pay. F* 'em.

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I don't believe in the BBB. They are funded by member dues and seek to protect their member companies under the guise of being consumer advocates. I mean, Americredit is a member of the BBB!!!

I personally don't waste my time with the BBB.

Greg

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Sounds like Progressive Insurance is one sneaky crooked bizness, they did the same to me and I didn't know about it until I checked my CF. Credit Collection Services (CCS) once contacted, twice using DV letters tweaked, complied!

I say forget the BBB like others said, but I like checkin gif they are licensed to collect and operate in the state they are in.

Good luck!

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Another secret-

Insurance is always paid in advance. They cancel you as soon as you fail to pay. Therefore, you can't OWE anything on a policy they surely cancelled for non payment.

Some insurers are now trying to pull the same crap that cell phone carriers get away with. They consider your term to be contractual and if you fail to pay or cancel they try to stick you with the remainder of the balance you would have paid. I think it's utter horse****. Not sure if it's completely legal or not, but I've heard of a few people have their past due insurance premiums sent to collections lately. Progressive might be one trying this.

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I found it a little disheartening when I received my letter from CCS stating they were "unable to investigate your dispute by reason of your failure to provide sufficient information to investigate the disputed information."

What's even more maddening is that when I sent out my original DV letter, I told them that, while not willing to admit that the debt was mine, I would be willing to PIF PFD (it's less than $200) and therefore save each of us a lot of time, and give them a nice handsome profit. Frankly, I was surprised when they did not take me up on the offer.

At any rate, here's what I wrote back with:

"I recently wrote a letter requesting validation (a copy of which is enclosed). You failed to validate the debt, stating that you required further information, specifically, “what information is being disputed, the basis of the dispute, and all supporting documentation to substantiate the basis of the dispute.”

How is it possible that you are unable to validate this debt with the information I provided, yet you are able to validate this debt to the credit reporting agencies? If you don’t have enough information to validate this debt to me, the person who allegedly owes the money, then how can you possibly be lawfully telling others that I am liable for this debt?

You have 30 days from the date of receipt of my original letter to provide me with the following (all of which was detailed in that original letter):

• What the money you say I owe is for;

• Explain and show me how you calculated what you say I owe;

• Provide me with copies of any papers that show I agreed to pay what you say I owe;

• Identify the original creditor;

• Prove the Statute of Limitations has not expired on this account

• Show me that you are licensed to collect in my state

• Provide me with your license numbers and Registered Agent

I have included a copy of the signed return receipt as proof of receipt of that original letter. I look forward to hearing back from you within that time frame.

If you are unable to validate this debt, then I am compelled to remind you that you are not allowed to collect this debt, nor are you allowed to report this debt under the FCRA, and must therefore remove this trade line from my credit file. Failure to validate the debt as I have asked or to remove the trade line within 30 days is a violation of FCRA, and I will not hesitate to file suit against your company for damages outlined by the FDCPA.

"

If I don't hear back in a timely fashion, looks like I'll be dropping by NJ Small Claims Court...

Incidentally, my bill is also for an old insurance bill - in my case, GEICO. I've already sent a GW PIF PFD letter to GEICO, but never heard anything...

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Ah! GEICO! I had that kinda problem with them. They stated I owed them $5! I called the Ins Underwriter and spoke with her about it. I told her I did not owe them anything from a previous policy... that I cancelled them due to their pulling auto-pays 2wks early on 2 occasions (she tried to tell me THEY cancelled ME). I told her each occasion cost me $35 from my bank, and $25 from the grocery store; for a total of $120 in fees due to their pulling early. Then she tried to tell me it was because I owed on home owner's ins. I told her... no... that's paid once a year in advance. She finally told me GEICO would eat the $5. I now have GEICO again... silly me.... but it's a savings for us, and I keep an eye on EVERYTHING now. And... no auto pay.

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Thanks Whoamelly!!

I have so many different issues I'm working on.

I wrote to each of the 3 CB regarding LVNV and Arrow Financial because neither responded to the DV or follow-up letter.

Transunion responded and said they get the info from the CA and I should inquire with them..Well duhh! That is why I sent the letter to TU, so they would investigate and possibly delete.

Equifax responded regarding my request concerning a security freeze. My letter said nothing of such.

LVNV has reported me on my CB while in DV and now looks like Brachfeld and Assoc took over. I'm in a rutt here with the entire thing.

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