Consumer complaint received 2018-04-03
Company: CCS Financial Services, Inc.
State: GA
Product: Debt collection
Sub-product: I do not know
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
This is a response to a previous CFPB compliant # XXXX XXXXubmitted on XX/XX/XXXX. your response are as follows : Company 's Response " Please be advised that we can not locate the file in question with the information that has been provided to CCS as part of the consumers complaint. We would appreciate it if XXXX XXXX could provide us with information on the specific accounts in question. If he could please upload to his complaint a copy of a letter with a CCS file number and/or a copy of his credit report, we would be happy to investigate the consumers concerns further '' Please review attachment in this new complaint in which I am providing you with a credit report file in which your company placed a negative tradeline account onto my XXXX  credit report in XX/XX/XXXX. The original creditor is XXXX  for a alleged amount owed of XXXX.

XXXX XXXX XXXX XXXX XXXX XXXX, Ga XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Ma XXXX  Date : XX/XX/XXXXRe : Acct # To Whom It May Concern : I have previously sent you a request to validate my debt under the Fair Debt Collection Practices Act and all I received was an itemized list of the alleged charges you claim I owe you. This does not meet the Federal Trade Commissions guidelines of what constitutes proper debt validation In addition, in the case of XXXX XXXX XXXX ( IN THE COURT OF APPEALS OF INDIANA, No. XXXX ), the court ruled that : 15 U.S.C. 1692g ( b ) ( emphasis added ). On XX/XX/XXXX, nineteen days after the date of XXXX   debt collection letter, XXXX counsel XXXX  sent XXXX  a letter declaring that XXXX disputes your debt collection-related allegations, denies the same, and demands strict proof and verification thereof. Record at XXXX. As such, XXXX should have ceased his debt collection efforts immediately upon receiving that letter. Instead, XXXX proceeded to obtain a default judgment against XXXX  on the debt collection claim before he had mailed XXXX the necessary verification and, thus, violated 15 U.S.C. 1692g ( b ).

XXXX maintains, however, that there was no violation of the FDCPA because he sent adequate verification of the debt [ to XXXX ] in the XX/XX/XXXX notice of claim. Brief of Appellee at XXXX. Specifically, XXXX  claims that a copy of the consumer credit contract between XXXX and XXXX XXXX   attached to the notice of claim provided sufficient verification of the debt within the meaning of 15 U.S.C. 1692g ( b ). We can not agree.

The contract in no way provides sufficient verification of the debt. A review of the document reveals that it identifies only the terms of XXXX  loan, including a 17.99 % annual interest rate and the original loan amount of {$2500.00}. The loan agreement contains no accounting of any payments made by XXXX, the dates on which those payments were made, the interest which had accrued, or any late fees which had been assessed once XXXX   stopped making the required payments. Indeed, the existing unpaid contract balance at the time XXXX sent the debt collection notice was at least {$350.00} more than the original loan amount. Therefore, Brennan violated 15 U.S.C. 1692g ( b ) when he failed to cease collection of the debt by obtaining a default judgment against XXXX  after XXXX  had notified XXXX in writing that he was disputing the debt but before XXXX had mailed verification of the debt to XXXX. We reverse the trial courts entry of summary judgment in favor of XXXX on this issue.

I notice that you are still reporting this collection on my credit report, which is considered to be a collection activity. You are now in violation of the FCPDA, and are now subject to fines of {$1000.00}, plus actual damages and attorneys fees, which I may collect from you by filing a claim in small claims court. These collections on my credit report are causing me severe problems in trying to purchase a home and the damage could lead into the $ 1000s.

You should also be aware that reporting such invalidated information to major credit bureaus might constitute defamation of character, as the negative marks on my credit report harm my credit and prevent me from enjoying all the benefits of good credit. In addition, the Fair Credit Reporting Act ( FCRA ) does not allow the inaccurate reporting of information on my credit report and under this act. Therefore, if you do not immediately remove this account from my credit report, you are subject to another {$1000.00} fine, plus punitive damages. I'm sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies.

I intend to follow through with the suit if I do not hear back from you within 15 days.

I look forward to hearing from you, XXXX XXXX

Company public response: Company believes the complaint is the result of a misunderstanding
Company response to consumer: Closed with explanation