Consumer complaint received 2021-02-18
Company: Consumer Portfolio Services, Inc.
State: KY
Product: Debt collection
Sub-product: Auto debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
I am filing this complaint because I feel that I have been violated in one way or another by Consumer Portfolio Services INC. also referred to as " CPS INC '', under the following Federal Laws that have been set forth to protect me as a consumer in the United States. In XX/XX/XXXX, I received notice that CPS INC. was actively seeking a summary judgement against me in the amount of {$6300.00}, which consist of {$4900.00} in regards to the principal balance and {$1300.00} interest. The plaintiff in this case NO. XXXX and I have been going back in forth in XXXX County XXXX Court and I have to be honest, I have simply done the back and forth motion in court to buy myself time and to prevent the default judgement to be entered against me because I simply can not afford to be sued. After the last motion/Pro Se answer form I filed in XXXX XXXX where I stated that I would only be able to afford around {$20.00} or so dollars per month I knew my time had ran out. Therefore I began to look up and research the laws of the FTC. I feel that CPS INC. has violated in one way or another following consumer laws ; Section 5 of the Federal Trade Commission Act ; the Fair Debt Collection Practices Act ; and the Fair Credit Reporting Act, in the following ways. In XX/XX/XXXX I purchased a XXXX XXXX XXXX and CPS INC became my indirect loan servicer when they bought my loan from XXXX XXXX XXXX. XXXX XXXX in XXXX, XXXX My first payment was due in XX/XX/XXXX and it was made on time. It did not take too long from the beginning of the term of the loan for it to became a living nightmare. I do not have all dates and times however I do recall very vividly that once my loan got behind meaning '' less than 30 days and in some instances more than 30 days I was threatened that if I did not pay a certain dollar amount via XXXX XXXX XXXX pay for an additional charge ( {$12.00} ) that " they would come get my van '' so obviously I paid the said dollar amount and fee because I have kids and a job to get to. I was asked on more than one occasion to release the " where abouts '' and condition of my van. If it was '' behind a locked gate, in a car garage ect. I am almost certain that I was called from various phone numbers " departments '' within CPS INCXXXX because I had their main/public contact phone number stored in my contacts. I am sure they called me at my job as well however I am not going to state that as factual information. I know that at some point while I was making payments I was offered a deferred payment furthermore I was never asked to sign a loan modification agreement. Once I got really far behind due to job loss, I knew that by then that there was no way for me to catch up on the deficient amount. I know that on more than one occasion I simply asked the CPS INC. representative within the repossession department the intended date of repossession so that I could be prepared to have all my personal belongings out of it, however that date was never released and I did not know until the repossession company hooked up my van and them came to my door to let me know they were fixing to leave and in the event that I had any personal belongings in the van I could get them out or call CPS INC. to see how much I needed to pay in order for the repossession company to release my van from the truck it was hooked on. I had already gotten all belongings out at that point and I knew there was not way to pay the past due therefore I did not see any need to contact CPS INC. to inquire about the amount needed to avoid my van being repossessed because I knew there was no way I could even " put a dent '' on the balance owed. The following information I am going to disclose is only known to me due to the current active court case I am involved in with CPS INC. in XXXX County Court Case No. XXXX where I am the defendant. 

CPS INC. sent " Notice for plan to sell vehicle '' dated XX/XX/XXXX and then the " Explanation of calculation of surplus or deficiency '' dated XX/XX/XXXX once my van was sold at auction. I now have the " Sale Contract '' dated XXXX well as the " Expense Detail Sheet '' dated XX/XX/XXXX that I obtained while going back and forth in XXXX County Court. I feel that this lawsuit was brought forth in XXXX because I hired a credit repair agency called XXXX XXXX XXXX out of XXXX KY after being denied a mortgage and referred to this agency for help with my studnet loans XXXX. I know this debt was disputed however I was never given a copy of said dispute in XXXX and when I requested a copy of the dispute from XXXX XXXX XXXX in XX/XX/XXXX so that I could see what the dispute consisted of, the owner of XXXX XXXX XXXX. XXXX XXXX stated that there was no reason for me to have access to those dispute letters basically saying that they were out dated. I advised XXXX of the reasoning and he stated that he no longer has records from 2 years ago. Sometime in XX/XX/XXXX I called CPS INC. to obtain a copy of the explanation and calculation of the surplus or deficiency per XXXX  and was questioned by the rep with CPS INC. where I was working and how my job loss is what prevented me from making payments and now that I have a job I can make the payments. I soon began receiving collection calls from CPS INC. This led me to look more closely at the updated credit reports from my records from 2 yrs ago and I have now found were this debt in reference to CPS INC. account number XXXX has been reported as follows ; charged off, closed and filed in a my chapter XXXX bankrucpty that was filed in XX/XX/XXXX and I did not obtain the van until XX/XX/XXXX. I would like to be able to see all the statements that CPS INC. sent me while I had the van in my possession to look more closely at the pay off balance, interest paid, principal paid and fees accessed to my account because the ledger I now have due to court case documents does not make a whole lot of since to me. My credit reports also show that this debt was never sold to a collection agency however it was listed as the above referenced status with the 3 CRA 's. The ledger which is attached shows multiple line postings, two {$12.00} posting inwhich I believe are in relation to the XXXX XXXX XXXX pay fees that I had to pay in order for them to not repossess my van, these can be seen on XX/XX/XXXX and XX/XX/XXXX line postings.

Company response to consumer: Closed with explanation