Consumer Portfolio Services ,CPS Made harassing, threatening phone calls to me for a loan that was not mine! Maitland Florida

This is off topic from the premise of this post but I assume most readers are in similar boats. Nice research and explanation once again Robert in Irvine.

I am what collectors call a "professional debtor." Yes and no. I've explained on other reports I held high 700's credit score for two decades. So it wasn't as if I allowed chargeoffs and beyond to happen for my health. When I suffered a severe loss of income back in 2006 at that time I still had a decent reserve but knew I had to cover my mortgage,auto,utilities,etc. before anything else. Knowing that when you "walk away" from any credit card, you know the internal collections company calls you continuously for 180 days until chargeoff. Then you have 3-6 months of the first collection agency assigned by the credit card company hounding you. So that equates to 9-12 months from the time you "walk away" after the first agency gives up. Fraudulent conveyances are usually only challenged if done within 365 days from date the transactions took place if you are sued.Chances are very high you won't be sued within 1 year of "walking away." Therefore, dump your assets and/or strip the equity of your assets right before you decide to default on credit. These are good tips for those "about to default." I sold personal stock for close to 30K in 2006. I made out 3 gift checks for $9990 to 3 relatives afterwards. Any "gift check" for under 10K isn't taxable. I still have access to that money (nearly 28K) but I "gifted it" back in 2006 right when I decided to let "unsecured debts" go. Try accusing me of "fraudulent conveyance" 3 years later.That money I have access to but it isn't in my name for 3 years now. Secondly, stop applying for credit altogether! Some debtors keep applying for credit after they "walk away." Dumb move. Everytime you apply, it shows as an inquiry on your credit report. That makes for an easy skiptrace for any 3rd party collector to get your updated info (home address,place of employment,etc). I haven't had any inquiries (applied for any credit) on my CBR since 2006 when I purchased a new SUV when I still had a high 700's credit score. Several of my debts are "in dispute" due to debt validation and still haven't gotten any follow up from creditor. I noticed after disputing, I was inundated with "credit card offers." Don't take the bait consumers. Yeah, they are in competition, but I believe they are also a fraternity. They try to bait consumers into getting new information (address,job,etc.). Don't fall for it. Keep your equity in your home and auto stripped so that it is below your states equity exemption (if you aren't in upside down equity already). You can always file bankruptcy and keep your assets (meet states equity exemptions) as well.

Per the FDCPA Definition.

803. [15 USC 1692a]
(6) The term "debt collector" means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another.

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- From their "About us"
"Consumer Portfolio Services is an independent specialty finance company that provides indirect automobile financing to individuals with past credit problems, low incomes or limited credit histories"

CPS does not meet this definition of a "debt collector" as their principal purpose is to lend money through financing. They do not attempt to collect debt owned by other companies. The term Indirect Lender, just refers to the purchasing notes from other banks or even Buy-Here/Pay-Here dealers. Your car note can be sold, just as your mortgage can be sold. But just as if your mortgage is sold that does not make the new mortgage company a "debt collector".

This is straight from the investors section of the CPS website.

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Corporate Profile

Consumer Portfolio Services (CPS) is an independent specialty finance company that provides indirect automobile financing to individuals with past credit problems, low incomes or limited credit histories. We purchase retail installment sales contracts primarily from franchised automobile dealerships secured by late model used vehicles and, to a lesser extent, new vehicles. We fund these contract purchases on a long-term basis primarily through the securitization markets and service the contracts over their lives. Our headquarters are located in Irvine, California and we have three additional strategically located servicing branches in Virginia, Florida and Illinois.

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Somewhat vague in exactly determining if they are 3rd parties or original creditors. The whole "indirect automobile financing" statement in the first sentence is vague. Direct on the surface would imply original creditor. Indirect auto financing, not so sure. Maybe Robert in Irvine can explain. The second sentence, "we purchase retail installment sales contracts....." Purchased from who, the original bank?

In closing, upon further reading of my posts, I may of thrown out the word "hearsay" a little too loose and should of used something else. Robert in Irvine provided constructive criticism in response to that. Robert in Buffalo as usual tries to get some personal shot in on me "throwing around the law,etc...." If it is determined that CPS originated the auto loan, then yes, the FDCPA does not apply.

Regardless, I have never threatened FDCPA violation suits against 3rd party agencies unless I have it on recording. I'm 5 for 5 in getting x amount of dollars from 3rd party agencies in the form of "out of court settlements." They hear my recordings and settle immediately. Therefore, since Florida is as Robert in Irvine said, a 2 party state, it will take a pretty dumb collector to break the law if you first tell them you are recording. Therefore, voicemail recordings work best due to it being 3rd party communication (making live one and two party state recordings irrelevant). Lastly for Alexis, whether it's 3rd party agency or not, not having a recording makes you vulnerable. The defense can challenge through discovery to provide a recording.You can counter by asking them in discovery if the agency records ALL calls for quality assurance purposes in "requests for admissions".If not and they don't have your call on recording, that strengthens your case.If CPS has call on recording, you CAN demand they provide it. Preferably get an attorney to handle this. Believe me, in getting two law firm suits dismissed against me, my discovery demands were time consuming and they determined not to proceed when they couldn't authenticate everything I asked. On a simple level Alexis, I called your cell and told you your friend is a jerk. You determined that to be harrassment (harrassment is undefined) and take me to civil court. If you don't have the recording of what I said, it can be easily challenged. Anyone can make up any claim in this day and age to make a buck. Plaintiffs need to have recordings or need not bother in my personal opinion.

On the "Hearsay" argument, FDCPAViolations.. is incorrect. Even using their definition of hearsay.

"legal definition: Evidence based on the reports of others rather than the personal knowledge of a witness and therefore generally not admissible as testimony."

- IF the Girlfriend testifies in court it is NOT hearsay. She was the on on the phone with CPS so she does have PERSONAL knowledge of the conversation because she was one of the parties. Now with this said, it is still up to the judge as to how much credibility they give to the testimony. So yes a LEGALLY recorded conversation(which since FL is a 2 party state, both parties must consent) would be better but may not be required.

Unfortunatly a big point seemed to be missed. This report gave no indication the phone calls were made by anybody except CPS. CPS is an ORIGINAL CREDITOR and not a 3rd party collection agency, that means that the FDCPA does not apply. As far as I am aware there is no FL State law that would cover similar disclosures for original creditors(although the OP would have to confirm this). Ummm...Case Dismissed as they say.

For the record, my posts are to give consumers SOLUTIONS for getting from point A to point B in overcoming adversity with FDCPA violating agencies. In recent posts, Robert more often than not gets hung up on the semantics of terms I use as opposed to offering consumers point A to point B solutions. As far as my hearsay phrase in one sentence of my original post. Hearsay has more than one definition.

nonlegal definition:Unverified information heard or received from another; rumor.

legal definition: Evidence based on the reports of others rather than the personal knowledge of a witness and therefore generally not admissible as testimony.

The bottom line is the "word of mouth" without recordings from Alexis in court as a witness is far from a guarantee concerning calls made to her cell. There needs to be concrete evidence in the form of "recordings" to maximize chance of success vs the collection firm.

Now back to Robert, in a recent report where I gave advice on being sued "Hanna". Through personal experience I've defeated two law firms as a pro se defendant and both cases were dismissed. Robert misread my sworn denial definition clearly stated and accused me of saying general denial without reading it thoroughly. Your personal hard on with me is obvious. Personally, I don't give a crap toughguy. What people here want to hear is your "expert" Point A to Point B solutions for Alexis. Not getting hung up on semantics. Last thing toughguy, you accused me of "practicing law without a license" on that same report. Another poster asked you to back that up with case law. You incorrectly discussed my sworn denial definition as general denial. You tell me not to speak about "legal issues." Looks like a case of the pot calling the kettle black Robert. For the record, I have never taken a penny for giving advice here nor do I have a business relationship or contract with anyone here. So as the poster told you, "back it up with case law!!" Lastly, offer Alexis your point A to point B solution to achieve success, otherwise beat it!

""Unless you have this Mr Campbell on recording telling you about boyfriend's debt (blatant 3rd party disclosure FDCPA violation), then your accusation is 'hearsay' in civil court. ""

Incorrect. Direct testimony from a witness with personal knowledge of a fact is NOT HEARSAY.

Example of NOT HEARSAY: I spoke with Dave and he told me that Sue owed him $20.

Example of HEARSAY: Debra told me that Dave said Sue owed him $20.

You really should stop discussing legalities - you continue to post misinformation.

""Unless you have this Mr Campbell on recording telling you about boyfriend's debt (blatant 3rd party disclosure FDCPA violation), then your accusation is 'hearsay' in civil court. ""

Incorrect. Direct testimony from a witness with personal knowledge of a fact is NOT HEARSAY.

Example of NOT HEARSAY: I spoke with Dave and he told me that Sue owed him $20.

Example of HEARSAY: Debra told me that Dave said Sue owed him $20.

You really should stop discussing legalities - you continue to post misinformation.

First off Alexis, the only thing you have on this agency is proof they called in the form of caller ID on your cell unless it was recorded.Unless you have this Mr Campbell on recording telling you about boyfriend's debt (blatant 3rd party disclosure FDCPA violation), then your accusation is "hearsay" in civil court. Paying money to change your cell as Steph suggested doesn't alleviate the issue and costs you time and you don't have a chance to MAKE money by baiting them into an FDCPA lawsuit. Be proactive and tell the collector you are taping all calls (buy a recorder). That way, you have proof Mr Campbell committed 3rd party disclosure if he does it again when calling your cell. Find out if your state is a one party state (don't have to tell collector you are recording) or two party state (need collector's permission to record call). Lastly, if this is too much trouble to bait them into an FDCPA violation, simply send a "cease communications" letter to agency's physical address certified mail return receipt requested.

If he calls again hang up on him after that call your cell phone carrier and ask to change your #. If he calls your other # and the # shows on caller Id request a block and if it says un known caller tell the phone company you do not take calls from callers that block thier #s