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Need help with Central Credit Services collection

Date: Fri, 02/27/2009 - 09:30

Submitted by ol249guy
on Fri, 02/27/2009 - 09:30

Posts: 10 Credits: [Donate]

Total Replies: 22


i'm a disabled veteran who is having problems with central credit services. I can't handle the stress they put me through. They are rude. they are trying to collect on a paypal credit card debt i have. it's about $5,000. i tried to work with ccs and was pressured into an arrangement i couldn't keep. i agreed to make payments and my first arranged payment,$350, bounced. i stupidly gave them my bank info. they called me back and i told them i didn't have the money that they were asking for and my arrangement is cancelled. i told them i could pay the $350 in the middle of march but they said that wasn't good enough and wanted $700 if it was march. I asked him why it would be $700 and he didn't give me an answer.I told them i wouldn't have it. he said they have no choice but to move forward and hung up. the guy was a real jerk, spoke over me when i was trying to explain, and just overall rude. I don't know what to do next. Any help would be appreciated.


From what I see, this is a very bad company.

When was the last time you made a payment to the original creditor and what state do you live in?

Have you been contacted by mail by Central Credit Services collection?

You say you are a disabled veteran, are you on SSI or similar income? Do you own any assets such as a car or home and what are the values?

Reason I ask is that if you are on social security, a debt collector or creditor cannot take your money and they cannot force you to make a payment. If they sue you, the same goes for that too, all you do is tell them NO. That type of income is exempt from garnishment unless you owe taxes, child support and student loans. If you have no assets too, then you are "execution proof" which means while a judgment can be granted, nothing can be taken from you and you can't be forced into paying.


lrhall41

Submitted by pokertramp on Fri, 02/27/2009 - 10:30

( Posts: 512 | Credits: )


its been about a year since i made a paypal credit card payment. I live in CT and get Soc Sec ,vet benefits. I don't own a car or home. I received a letter from Central Credit Services saying they were going to take 324.85 from my account. that bounced. the current creditor is stated as West Receivables Purchasing, LLC. original creditor:PayPal Dual Card. Is there anything i should do or can do not to deal with central credit services. i can't handle talking to them anymore. I would rather deal with paypal although i doubt they will. I'm sure CCS will call back even though they said they were moving forward(whatever that means) Any advise anyone. Thank You this is a great site.


lrhall41

Submitted by on Fri, 02/27/2009 - 11:11

( Posts: | Credits: )


What you could do is send them a cease and desist letter. State that your income is exempt because it derives from Social Security. Tell them you have no assets and that you are judgment proof. Tell them all contact is to stop in writing and by phone. Also tell them all income in your bank account(s) is exempt income and cannot be taken. Also tell them that you never plan on returning to work and you are elderly, if that is the case.

You are essentially telling them that a lawsuit against you is pointless, they can't take anything from you and have no chance of getting paid, ever. This is not to say that they won't file a lawsuit but it might make them fold their hand.

The other thing I need to know, in that first letter from them, did it have a 30 day disclosure giving you the right to dispute the debt? If it has been more than 30 days then a debt validation letter is pointless but if it has been less than 30 days you are allowed by law to request validation.

If they never put the 30 day disclosure in the first letter, I hope you still have it because that is a 1. If this is the case then I wold send a debt validation letter to them and make note of their violations. If you need help with that I should be around here today and will get back to you. I just need to remember to sign in,lol.


lrhall41

Submitted by on Fri, 02/27/2009 - 11:20

( Posts: | Credits: )


i don't have the original letter they sent. it has been over 30 days. i am only 33. Not sure about my ability to return to work in the future for medical reasons. i made a payment to GE Money bank who works with paypal in Sept 08. i am willing to deal with GE Money to make some payments but I just can't deal with Central Credit Services. They really stress me out. What is my best move please. Thank You very much for your help.

and what could they do?


lrhall41

Submitted by ol249guy on Fri, 02/27/2009 - 12:00

( Posts: 10 | Credits: )


At this point then your only option is to send the cease and desist letter as I stated. It's too late to request validation and they can sue you after the 30 days whether they get a DV letter or not.

The cease and desist stops all calls and letters and if they do call to try and collect, you can sue them. They can only call for a few circumstances, to tell you they will be forwarding you to an attorney, which I doubt will happen, to tell you they will be selling the account off or to say they are not going to try and collect anymore.

You must be very persistent in the cease and desist so they know you have no income or assets that can be taken, you are a disabled veteran, and anything else I mentioned above or you feel you need to add. Make sure you enclose your phone number and such so they know not to call you. Send it certified mail return receipt requested. What will probably happen is they will sell it off to another debt collector and they will call or send you a letter. You should then see the 30 day disclosure giving you the right to dispute, definitely use that right if it happens.


lrhall41

Submitted by on Fri, 02/27/2009 - 12:15

( Posts: | Credits: )


It is never too late to DV. Just because you do not dispute w/in the 30 days does not mean you acknowledge the debt.

FDCPA Sec 809(c) 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.



For $5000 a C&D will do nothing but get you sued. Since the DV is untimely, they do not have to cease collection efforts but if they try to sue you down the line and they never validated, it will help bolster your defense. What state do you live in?


lrhall41

Submitted by NASCAR_Devil on Fri, 02/27/2009 - 12:57

( Posts: 4671 | Credits: )


Your disability income would be exempt from garnishment if you were sued and a default judgement was awarded. However, since you are relatively young, there might come a time where you're back to 100% and able to work with no restriction. Judgements in CT are good for up to 20 years reneewable up to 25


lrhall41

Submitted by NASCAR_Devil on Fri, 02/27/2009 - 13:15

( Posts: 4671 | Credits: )


Send the a DV. At the bottom in big, bold letters type:

[color=Red][center:e1b6019836]ALL CALLS TO MY HOME AND CELL PHONES ARE RECORDED[/center:e1b6019836][/color]

If you don't have a recorder, get one and tape every phone conversation you have with them. Play the least sophisticated consumer game. Read the FDCPA to see what they can and cannot do. Give them enough rope and they may hand themselves.


lrhall41

Submitted by NASCAR_Devil on Fri, 02/27/2009 - 13:41

( Posts: 4671 | Credits: )


Help if I put the template,lol...

Your Name
Your Address
CITY/Town, STATE ZIPCODE

Date: March 9, 2005



Collection Agency Name
Address
CITY/Town, STATE ZIPCODE

Re: Acct Ref. # XXXXX and XXXXX

To Whom It May Concern:

This letter is being sent to you in response to a alleged debt. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you
.
What I need you to provide as the debt validation is as follows:
1. What the money you say I owe is for;
2. Explain and show me how you calculated what you say I owe;
3. Provide me with copies of any papers that show I agreed to pay what you say I owe;
4. Provide a verification or copy of any judgment if applicable;
5. Identify the original creditor;
6. Prove the Statute of Limitations has not expired on this account
7. Show me that you are licensed to collect in my state
8. Provide me with your license numbers and Registered Agent
9. Proof that the collection company owns the debt/or has been assigned the debt. (You are legally entitled to collect this particular debt from me.) This is basic contract law.
10. Complete payment history, starting with the original creditor. (I need to have proof of my payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been tacked on to this debt and how you/they determined these fees.) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..
11. Copy of the original signed loan agreement or credit card application. (My contract with the original creditor establishing the debt between us.) This is also basic contract law.

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau's (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent

I will not hesitate in bringing legal action against you for the following:
1. Violation of the Fair Credit Reporting Act
2. Violation of the Fair Debt Collection Practices Act
3. Defamation of Character

If your offices are able to provide the proper documentation as requested in the following declaration, I will require at least 30 days investigating this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

It would be advisable that you assure that your records are in order before I am forced to take legal action.



Best Regards,


lrhall41

Submitted by pokertramp on Fri, 02/27/2009 - 15:09

( Posts: 512 | Credits: )