Credit control debt collection

If you’ve been getting calls from a debt collection agency like Credit Control Services, it’s important to understand your rights. Under the federal Fair Debt Collection Practices Act (“FDCPA”), debt collectors are not allowed to harass you or lie to you, and outside of a few exceptions, they must respect a formal request to stop contacting you if you provide one.  Additionally, if CCS reports information about you to credit reporting agencies (TransUnion, Experian and Equifax), the information that is reported must be stated accurately, pursuant to the Fair Credit Reporting Act (“FCRA”).

If CCS has contacted you about an alleged outstanding debt, you may have been subject to FDCPA as well as FCRA violations. 

Many times, when individuals are contacted by CCS, the first question that comes to mind when they don’t recognize the debt is whether CCS is an actual company? Yes, CCS is an actual debt collection company.

Even though CCS is an actual company, that does not absolve it of wrongdoing. There are complaints by consumers found online at the Better Business Bureau (“BBB”). If you visit the BBB’s website, you will see complaints from individuals ranging from the legitimacy of the debt collected upon by CCS to asserted inaccurate reporting by CCS of credit information. 

Here are a few examples where consumers have initiated lawsuits against CCS for asserted violations of various consumer laws:

• Sengenberger v. Credit Control Services, Inc., No. 09 C 2796 (N.D. III. May 5, 2010) an Illinois federal court case where the plaintiff alleged violations of several consumer laws against CCS. The plaintiff alleged, among other things, that CCS violated the FDCPA because CCS continued to contact the plaintiff about the alleged debt even after the plaintiff disputed the debt;

• Boyko v. American International Group, Inc., No. 08-2214 (RBK/JS), Docket No. 24) (D. N.J. Dec. 23, 2009) a New Jersey federal court case where the plaintiff alleged violations of the FDCPA because Credit Control Systems, Inc., was collecting an alleged debt under the name “Credit Collection Services” which is not Credit Control Systems true name, nor was Credit Control Systems licensed to do business under the name “Credit Collection Services”. Thus, Credit Control Systems was alleged to have violated the FDCPA by collecting a debt and not using its true name; and 

• Breed v. Nationwide Insurance Company, No. 3:05-CV-547-H (W.D. Ky. Apr. 24, 2007) a Kentucky federal court case where the plaintiff alleged violations of various consumer laws against several defendants. Notably, the plaintiff alleged violations of the FCRA and FDCPA against CCS for inaccurately reporting plaintiffs alleged debt to one of the big three credit reporting agencies – Trans Union. 

It is possible to remove CCS from your credit report. One way is to contact CCS and negotiate a payment to have it removed. Another way is to write a “goodwill letter” and ask CCS to forgive the debt and remove it. If an agreement is reached with CCS to have an account removed, be sure to have the agreement confirmed in writing.

Additionally, if any of the information regarding a CCS account is incorrect or fraudulent, you can dispute it and have the credit bureaus remove it from your credit report. If the dispute does not resolve the issue, then The Kim Law Firm, LLC may be able to help. 

Unfortunately, even if you negotiate with CCS and agree to pay less than what you owe to settle the account, in many instances that will merely change the CCS account status from “unpaid” to “paid” or “account paid in full for less than the full balance”. The account will still appear on your credit report unless CCS (or any other debt collection company) has agreed to remove the collection account. If there is no agreement for removal, then the account will remain on your credit report for approximately 7 years from the date the account first became delinquent.

A credit report lawyer deals with the credit bureaus so you don’t have to.  This helps with, among other things, dealing with the stress of submitting repeated disputes and getting nowhere.