Consumer Portfolio Services CPS.......they prey on you even when you aren't behind on your payment and will still take your car. Phoenix Arizona

Once again Kay is completely WRONG... She states: "we've been talking about CPS and YES they HAVE violated just about EVERY law with the Fair Debt Collections Practices Act of 2006 and Yes it DOES apply to them. I don't know which one you've been reading or from what country, but the one sent out by the United States of America says they are."

I suggest you learn how to read Kay... you are not helping anyone by continuously spewing your false information... go do something more constructive with your time like maybe... PAY YOUR OWN BILLS

the Fair Debt ONLY applied to 3rd PARTY COLLECTORS NOT ORIGINAL CREDITORS-- What about that don't you get...

Check the FTC.gov website that is where I got the above statement from....
http://www.ftc.gov/os/2008/03/P084802fdcpareport.pdf

page 2 2nd paragraph... DOES NOT APPLY TO CREDITORS COLLECTING THEIR OWN DEBTS.

Next time, actually do your research before you post incorrect and misleading info please.

I most certainly do not work for this company or know anyone who does... Unlike you, I just know what I am talking about.

Why is it when someone is IN THE WRONG and someone points this out to them they always cry and say "WELL YOU MUST WORK FOR THEM..." All that does is make you sound untelligent and lets us know you don't have a real leg to stand on in your arguement. Act like you have some itelligence and common sense, please..


TO THE OP I am sorry for any misfortune you are living through and hope you the best.....

You evidently work for CPS, trying to knit-pick any portion that you can, trying to disprove what she is saying as non-credible and trying to intimidate her into thinking that she has no case. Where is your post about CPS, why are you on here looking? Are you looking to do buisness with this company? Why are you asking about her more personal information? We have not been talking about OTHER creditors, we've been talking about CPS and YES they HAVE violated just about EVERY law with the Fair Debt Collections Practices Act of 2006 and Yes it DOES apply to them. I don't know which one you've been reading or from what country, but the one sent out by the United States of America says they are.

The term "creditor" means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of debt in default solely for the purpose of facilitating collections of such debt for another. (Fair Debit Collections Practices Act of 2006, section 803. Definitions, subsection 4) So, if as you say CPS is the "origanal creditor" they absolutely fall into this section and are liable.

In section 805, subsection C of the Fair Debt Collections Practices Act of 2006: Ceasing Communications: it states that "if a consumer notifies a debt collecter in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communications with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt," there is NOTHING IN IT THAT STATES THAT IS HAS TO BE CERTIFIED and yes it has EVERYTHING to do with the "origanal creditor".

You better tell your people at CPS that you need more training and to get you a copy of the Fair Debt Collections Practices Act of 2006 BEFORE you start putting anymore posts up.

THEY ARE CROOKS AND YOU SHOULD BE ASHAMED!!!!!!!

I am not sure where you get some of your information.

You are probably refering to the Fair Debt Collection Practices Act(FDCPA) which protects people against 3rd Party Collection Agencies. And yes there are collection agencies that violate this on an almost hourly basis. However, CPS is an ORIGINAL CREDITOR, and the FDCPA does not apply. Even if it did apply, they can only be sued for $1,000 not $5,000. If you are aware of some other law, please post the specific information here.

Second there is no such thing as a Cease and Desist letter in terms of debt. You can send a Cease Communications letter, however again that does not apply to Original Creditors. Also, when you send these letters they must be sent "Certified" not "Registered", there is a difference.

As to what I can't comprehend from the OP. Note that the OP choose her words very carefully, and you learn to read between the lines. As I stated she can't be both current and catching up. She is either current or delinquent. If she is delinquent they may have her on payment arrangements but that does not change the fact that she is behind.

She stated that she was called 2 weeks before the next payment was due, and she gave them a date it would be paid WHICH WAS IN THE SAME MONTH IT WAS DUE. Notice that she didn't say in would be paid in that 2 week period, this does infer that it would have been paid AFTER the arranged date. So how are you so certain that she is not the one who renigged on the agreement.

When she told them this date they may have felt it was better to Repo the car, because she was still behind. We also don't know the entire history, such as how far behind she was or how far she actually had to go to catch up.

What the OP needs to post exact dates especially for the events around the time the car was reposessed. It wouldn't change the basic fact is payment arrangements or not that she is still behind, and as such they have a legal right to reposess the car.

Just so you know I am not defending CPS, just giving a different point of view that there is probably more to this story than the OP is stating.

Jennifer states she was behind on her payment at one time and made NEW payment arrangements with the loan company. They re-nigged on the new arrangement. What's so hard about this?

CPS is breaking Debt Collection Laws. Anyone who threatens to put you in jail for a debt is completely off their rocker.

Jennifer, send a Cease and Desist Letter to CPS. Send it registered mail. If they do not Cease and Desist then you can sue them up to $5000 per instance. Unfortunately this will not help you with getting your car back.

You should have never let the harrassment go as far as it has. For future reference you may want to take a look at the info the Debtonator offers on the net.

Good luck, sorry you were screwed by CPS. They are law breakers.

Jennifer states she was behind on her payment at one time and made NEW payment arrangements with the loan company. They re-nigged on the new arrangement. What's so hard about this?

CPS is breaking Debt Collection Laws. Anyone who threatens to put you in jail for a debt is completely off their rocker.

Jennifer, send a Cease and Desist Letter to CPS. Send it registered mail. If they do not Cease and Desist then you can sue them up to $5000 per instance. Unfortunately this will not help you with getting your car back.

You should have never let the harrassment go as far as it has. For future reference you may want to take a look at the info the Debtonator offers on the net.

Good luck, sorry you were screwed by CPS. They are law breakers.

Jennifer states she was behind on her payment at one time and made NEW payment arrangements with the loan company. They re-nigged on the new arrangement. What's so hard about this?

CPS is breaking Debt Collection Laws. Anyone who threatens to put you in jail for a debt is completely off their rocker.

Jennifer, send a Cease and Desist Letter to CPS. Send it registered mail. If they do not Cease and Desist then you can sue them up to $5000 per instance. Unfortunately this will not help you with getting your car back.

You should have never let the harrassment go as far as it has. For future reference you may want to take a look at the info the Debtonator offers on the net.

Good luck, sorry you were screwed by CPS. They are law breakers.

Your report has one major flaw. You state that you were behind and catching up, at the same time you say you were not behind. It can not be BOTH.

"...Once I made the payments and was almost caught up on the loan...well 2 weeks before the next payment arrangement was due, my phone rang. The payment wasn't even due yet. I gave the date of when the next payment would be made, which was in the same month that it was due."

But what is more interesting is that you stated the date you would make the next payment, you slipped in "which was in the same month". So does that mean that it is after the arranged date? This could infer that the payment arrangements said a payment is due on the 2nd, but you were going to pay on the 23rd. As that is still in the same month but 3 weeks later.