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desperateintexas

Help Please Collection Agency will not work with me

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Hi,

This is the first time I have posted here. I had a debt turned over to a collection agency called CPS Security in San Antonio. The debt is for some purchases made on the easy pay type plans offered by shopping channels, where they bill your credit card each month for x number of payments. Due to just about everything in my life going wrong all at the same time, suddenly out of the blue, starting with a car wreck and going way down hill from there, my credit card became maxed out and my savings were depleted so when they attempted to make the future payments these were declined. Please don't lecture me, I feel bad enough about this, and I'm not kidding I am on the edge. I will have the money to pay them off completely by early July, and in the meantime I would like to send smaller payments each month to show I am serious and intend to pay this in full, but it is completely impossible for me to pay off the full balance now, I do not have it anywhere and I cannot get it in any way unless I kill myself and make them the beneficiary of the small life insurance policy I have (and no, I am not even thinking about doing that, a loan is out of the question, and I don't own a home or car or anything of value I could sell, and I can't go out and get a part time job as I am sole caregiver of an elderly parent). I sent them one payment with a letter explaining I could only make small payments for a couple of months but would have this paid in full by July, and they credited the payment to the balance but ignored the letter. They refuse to work with me. If I call them they are rude, they hang up, they threaten me with court, and send me these letters in all caps on yellow paper in the mail, they just sent one that says FINAL NOTICE that I have ignored them and threatening a lawsuit. I am terrified of going to court, I am very shy, anxious person so the idea of standing up in front of a judge and lawyers scares me to death and I don't have any friends to lean on for support or the money for an attorney and because it is a debt from a shopping tv channel I am afraid it will be even worse, that they will be mean and awful to me in court. If everything hadn't gone so wrong so out of the blue these would have been paid in full on time. I'm sorry and I want to make this right as soon as I can. I have even called the original creditor and explained and told them how the collection agency is, rude and hanging up and threatening and shouting, but they say I have to deal with the collection agency its out of their hands. If they do take me to court it won't change my financial situation, it's not like the money is going to miraculous materialize and save me from having to go, I won't have it before the end of June. It seems to me if they would only take small payments and just wait a couple of months that would be easier and cheaper on everyone involved instead of dragging this into court, but I can't talk to them. If anyone else here has had any success dealing with this agency, CPS Security in San Antonio Texas please let me know any advice or help would be greatly appreciated.

Thank you and I'm sorry I'm so emotional.

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Sorry to hear about your problems and welcome to the board. I used to live a few miles from SA and don't recall that name. They are coming out of the wood work now because of peoples troubles. I believe this is a JDB read up on this board on how to Handel them. Send them a letter telling them that you dispute this debt and want validation. Also, that ALL calls to you at any number are inconvenient and not to call you at any number anymore. This should stop the calls or set the up for violations.

The SOL in TX is four years from the last time you paid on the debt. So, the longer you keep paying on it, the longer they have to sue you. Spend a lot of time on here reading and do a lot more reading so that you will know how to protect yourself and not be afraid of them.

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Thank you i am very aware of all that, but this is not a credit card debt, it is a collection agency representing a shopping channel that I was unable due to circumstances to pay all I owed them, I bought items on an installment plan and paid one or two installments automatically on my credit card but then due to circumstances I mentioned they weren't able to process the remaining  payments, so its not exactly the same as a credit card debt. I don't dispute the debt, and its recent enough it could easily be validated, I know I owe, I want to pay, but I cant until July but they won't work with me.

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What you are disputing is the fact that the current people do not have a right to bill you. They probably will not agree to anything at this point. I would still send the DV letter and NO phone calls to stop that. Then, just sit and wait until you have the money to pay it. At that time I would probably go back to the OC original creditor and see if you can make a settlement agreement with them. Good luck.

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They may or may not sue you.  More and more CAs/JDBs have information available to them about people's financial status.  A lot of this is determined by records such as credit reports and more sophisticated algorithms to analyze it all.  And they also figure what the chance of winning is, based on your record of actions.  If you do send DVs, demand no phone calls, dispute through CRAs, they will figure the cost of suing you to be higher.  If the amount of the debt is lower, it may not be worth it to do anything more than make threats (which are cheap).  Usually they expect defendants in their lawsuits to not appear and they get a default judgment.  That happens about 95% of the time.  By taking action, you can appear to be a 5-percenter that fights back and that may result in them not suing.  They are in this for money.  While it does sometimes happen that a CA/JDB will sue "for revenge", that is very rare.  They want more money and they don't want to spend much to get it.

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Go online and do a search for a pro-bono consumer rights atty.  If you can sue them for harrassment and win, the fee will be taken out of your settlement.

 

Good luck.

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Go online and do a search for a pro-bono consumer rights atty.  If you can sue them for harrassment and win, the fee will be taken out of your settlement.

 

Good luck.

I'm not sure they can be sued for harassment   

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I'm not sure they can be sued for harassment   

Perhaps I was too flip; if told not to call or contact you, and they continue, that's harrassment.  I sued Hyundai last year and won. They continued to call my job after verbally and in writing to stop.    I does depend on what laws they violate.

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Perhaps I was too flip; if told not to call or contact you, and they continue, that's harrassment.  I sued Hyundai last year and won. They continued to call my job after verbally and in writing to stop.    I does depend on what laws they violate.

This is a specific violation in the FDCPA.  It doesn't need to be defined has harassment to win it.

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