| 01/17/2019 |
Yes |
- Debt collection
- Mortgage debt
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- Took or threatened to take negative or legal action
- Collected or attempted to collect exempt funds
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Web |
Older American, Servicemember |
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Hello, RCS Recovery Services initiated collections against me on XX/XX/XXXX, and then filed a lawsuit with XXXX County District Court, XXXX XXXX, Colorado, on XX/XX/XXXX, when I refused to pay the {$36000.00} they said I owed for a second mortgage I defaulted on sometime in XX/XX/XXXX.
Mediation for this matter will be at the XXXX County Courthouse in XXXX, Colorado, on Tuesday, XX/XX/XXXX, at XXXX XXXX.
I found the Consent Order online while researching in preparation for my case and discovered that RCS Recovery Services had not complied with numerous provisions by which they were bound in perpetuity.
1. I am judgement proof. My only income is from VA XXXX and Social Security. I own no property.
2. I have stated this repeatedly, yet they continue to hound me with this lawsuit. I am XXXX years old, retired, and a XXXX veteran. I believe their intent has been to wear me down and hope that I not show up or fight them, as your Consent Order details.
3. Their documentation is faulty and confusing, lacking dates, my name, and does not demonstrate standing.
4. This lawsuit is well past the Statutes of Limitations timeline for Colorado, 6 years. They tried to ameliorate this by stating that if the original financial institution accelerated the loan, they rescind the acceleration. They have yet to answer their own question, nor have provided documentation, about acceleration.
5. RCS Recovery Services has violated this mandate : IT IS FURTHER ORDERED that Respondent, Respondent 's officers, agents, servants, employees, and attorneys, and all other persons in active concert or participation with any of them, who receive actual notice of this Consent Order, whether acting directly or indirectly, are permanently restrained and prohibited from : 125. Collecting or attempting to collect any Time-Barred Debt through litigation or arbitration.
6. They did not include this information in any of their collection correspondence with me : Respondent will include the following statement : " For those Time-Barred Debts that generally can not be included in a consumer report under the provisions of the FCRA, 15 U.S.C. 1681c ( a ), but can be collected through other means pursuant to applicable state law, Respondent will include the following statement : " The law limits how long you can be sued on a debt and how long a debt can appear on your credit report. Due to the age of this debt, we will not sue you for it or report payment or non-payment of it to a credit bureau ; '' and The law limits how long you can be sued on a debt.
Because of the age of your debt, we will not sue you for it. " 7. They provided no original account-level documentation of the foreclosure.
8. They did not state the amount for which they purchased the loan.
9. XXXX XXXX appears to have also purchased the loan, but the documentation RCS Recovery Services provided is undated and contains no dollar amount. The confusing few mentions of XXXX XXXX does not make it clear if they bought the loan from, or sold the loan to, RCS Recovery Services.
10. The law firm representing RCS Recovery Services, XXXX XXXX XXXX, XXXX, has five lawyers, fitting the description by the CFPB Consent Order of their employing small firms all over the country.
11. I do not have the money to employ a lawyer and have been representing myself throughout. I believe I will prevail because of my tenacity, research, and belief that I do not owe RCS Recovery Services a dime. However, this has taken a toll on my health. I XXXX more than ever and have been XXXX XXXX XXXX XXXX in the past few weeks in anticipation of mediation and the trial. I had my XXXX XXXX XXXX in XX/XX/XXXX, involving all of my XXXX and most of my XXXX XXXX. Beginning about a year prior, I was in XXXX XXXX XXXX, with XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXX. The recovery is ongoing. I expressed this to the Plaintiff, and I believe they have exploited my weakness during this period. I am seeing both a XXXX and a XXXX at the XXXX XXXX XXXX XXXX Hospital in XXXX, Colorado, and have discussed this issue at every visit.
12. Mediation was XX/XX/XXXX between attorney XXXX XXXX of the XXXX XXXX XXXX and myself. I stated my position that they did not have standing, the case was well beyond Statutes of Limitation, I am judgement proof, their documentation was fatally flawed, I will not pay them a dime, and invoked XXXX XXXX XXXX XXXX XXXX XXXX ( they inflicted their injuries on themselves by purchasing a debt that was beyond the Statutes of Limitations. ) 13. XXXX tried relentlessly to intimidate and shame me. She pretended not to know about the CFPB Consent Order. She tried to get me to enter into a judgement without going to court. She said that she had been before this judge many times and that he never ruled for the defendant with defenses such as mine.
14. I ceased participation and mediation was concluded.
15. The pre-trial conference will be in two weeks, followed by the trial on XX/XX/XXXX. I will contact you with updates and documentation.
16. I will forward current documentation as soon as I have it organized and scanned.
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| 12/29/2016 |
Yes |
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- Credit decision / Underwriting
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Web |
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I received a collection letter from RCS Recovery Services LLc XXXX XXXX XXXX XXXX XXXX XXXX. XXXX XXXX XXXX XXXX. This company is harassing me with calls and letters. Im in the state of XXXX protected by " uncollectable debt ''. This was a 2nd mortgage " purchase money 2nd '' - by the XXXX state law " anti-deficiency statute " The anti-deficiency statute for mortgages applies to purchase-money mortgages ( mortgages taken out for the sole purpose of purchasing the property securing the mortgage ) used to purchase a single one- or two-family dwelling on XXXX acres or less. So if you took out a mortgage to purchase your single-family home on a lot that is less than XXXX acres, your lender will not be able to sue you for the deficiency after a judicial foreclosure. XXXX Rev. Stat. Ann. 33-729. While this statute appears to only apply to mortgages, XXXX courts have interpreted it as also being applicable to purchase-money deeds of trust that are foreclosed judicially '' Please forward this complaint I am in need of protecting my credit and can not have this company report any judgment whatsoever on my credit. I would like a response to the handling of this matter.
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| 08/24/2016 |
Yes |
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- Disclosure verification of debt
- Not given enough info to verify debt
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Web |
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We have been asking for a statement on this debt for 2 weeks now, original request submitted XXXX XXXX. We were told then we would have it by XXXX the following day. We have received the same response each day since but are now being told that they have 30 days to send verification. We are set to close on a house on XXXX XXXX and the only thing holding the bank up is verification of this debt. I have also given them permission to speak with our lender to verify information when she calls. They have railroaded her each time. My last conversation with them was this morning in which they told me to continue to wait to which I replied they could continue to wait for further payments until we receive a statement. We have been making payments and are more than willing to continue. We would like to pay the debt off in full at this time but are being advised by the lending bank to wait until we receive the requested documentation.
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| 11/18/2016 |
No |
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- Loan modification,collection,foreclosure
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Web |
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Recently I applied for financing and was denied do to a company called RCS that started reports lates to my account this year and updating the date of last activity on a loan on a property that was foreclosed on in Texas in 2009. The 7 year statute of limitations is up and they are violating the FDCPA by buying this debt and reporting newer dates to try and collect. I disputed with the bureaus and they verified the debt but provided none of the documentation they need to have in order to report it. I also sent them a letter directly to validate the debt which they still have n't done. They are illegally affecting my ability to refinance my home. My husband passed away recently who was also an owner on this property and I am struggling and need to refinance my home.
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| 05/27/2020 |
No |
- Debt collection
- Mortgage debt
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- Written notification about debt
- Didn't receive enough information to verify debt
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Web |
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I have been paying on this account for 3+ years ; they refuse to tell me the balance on my account. I have made multiple phone calls ; they never answer. I did speak to XXXX on the week of XX/XX/XXXX ; she did give me her number to resolve the issue ; now her number is not in service and still did not get my balance. Last year they did send me a statement with an extra XXXX on the balance stating that is how much you will owe if you are a day late with any payment ; I have never once been late.
They hold onto my payments for more than 30 days ; and I have no way of communication with them. I just want in writing the right amount that I owe, not if I'm a day late but the real amount I owe. I have tried repeatedly to resolve this issue to no avail.
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| 06/29/2017 |
Yes |
- Debt collection
- Mortgage debt
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- False statements or representation
- Told you not to respond to a lawsuit they filed against you
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Web |
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RCS RECOVERY SERVICES LLC filled law suit on XX/XX/XXXX outside statue of limitations of 5 years. they even re-aged default date and it is still outside of 5 years of statue of limitations. judge ignored this when i said it in court and decided in favor of RCS RECOVERY SERVICES LLC. last payment i ever made was XX/XX/XXXX. they re-aged debt to XX/XX/XXXX but it is still 5 yrs 8 mo after last payment. they never proved that they own debt even when i requested it several times. they never came to court, missed first hearing, judge would not dismiss it then, second hearing they called in and judge never did anything on my motions or request. judge would approve their every motion and never any of mine.judge ignored statue of limitations.
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| 11/16/2019 |
Yes |
- Debt collection
- Mortgage debt
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- Attempts to collect debt not owed
- Debt was paid
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Web |
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Hi Im currently in litigation with RCS Recovery Services for a second mortgage for a home foreclosure. The primary mortgage is responsible for paying the second and is refusing to even acknowledge it exists or that the first, XXXX XXXX, received an overage on the note due to them. RCS will never get a dime from me. They are liars and are harassing me for money that is actually owed from XXXX who took the property. Banks not paying each other is not my problem.
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| 09/18/2020 |
Yes |
- Mortgage
- Conventional home mortgage
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- Trouble during payment process
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Web |
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This company stated I recently had a loan balance XXXX that was due and payable, I've never received statement. Why weren't you billing me I am suppose to know if my loan is due and payable. I have not had any correspondence.
Please advise
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| 12/10/2015 |
Yes |
- Mortgage
- Conventional adjustable mortgage (ARM)
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- Loan servicing, payments, escrow account
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Web |
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RCS Recovery Services LLC is reporting an account that is past the FCRA retention time associated with the account.
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| 02/20/2018 |
Yes |
- Debt collection
- I do not know
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- Communication tactics
- Called before 8am or after 9pm
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Web |
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calls before XXXX every other day
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| 07/13/2023 |
No |
- Debt collection
- Medical debt
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- Attempts to collect debt not owed
- Debt was paid
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Web |
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| 01/27/2023 |
No |
- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
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- Improper use of your report
- Reporting company used your report improperly
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Web |
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| 02/03/2021 |
Yes |
- Debt collection
- Medical debt
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- Attempts to collect debt not owed
- Debt was result of identity theft
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Phone |
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| 09/29/2020 |
Yes |
- Mortgage
- Other type of mortgage
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- Incorrect information on your report
- Information belongs to someone else
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Phone |
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| 09/11/2020 |
Yes |
- Debt collection
- I do not know
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- Communication tactics
- Frequent or repeated calls
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Web |
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| 12/03/2019 |
Yes |
- Debt collection
- Mortgage debt
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- False statements or representation
- Attempted to collect wrong amount
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Web |
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| 10/18/2019 |
Yes |
- Debt collection
- Mortgage debt
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- Took or threatened to take negative or legal action
- Sued you without properly notifying you of lawsuit
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Web |
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| 09/21/2019 |
Yes |
- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
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- Problem with a credit reporting company's investigation into an existing problem
- Their investigation did not fix an error on your report
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Web |
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| 08/02/2018 |
Yes |
- Debt collection
- Other debt
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- Attempts to collect debt not owed
- Debt was already discharged in bankruptcy and is no longer owed
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Referral |
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| 02/08/2018 |
Yes |
- Debt collection
- Mortgage debt
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- Attempts to collect debt not owed
- Debt was already discharged in bankruptcy and is no longer owed
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Web |
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| 10/28/2017 |
Yes |
- Debt collection
- Mortgage debt
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- Attempts to collect debt not owed
- Debt is not yours
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Web |
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| 04/19/2017 |
Yes |
- Mortgage
- Conventional fixed mortgage
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- Loan modification,collection,foreclosure
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Web |
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| 01/25/2017 |
Yes |
- Debt collection
- I do not know
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- Taking/threatening an illegal action
- Threatened to sue on too old debt
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Phone |
Older American |
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| 12/08/2016 |
Yes |
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- Taking/threatening an illegal action
- Threatened to sue on too old debt
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Web |
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| 03/14/2016 |
Yes |
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- Communication tactics
- Threatened to take legal action
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Web |
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| 03/18/2015 |
Yes |
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- Communication tactics
- Threatened to take legal action
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Web |
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| 02/13/2015 |
Yes |
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- Loan modification,collection,foreclosure
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Web |
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| 03/06/2014 |
Yes |
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- Disclosure verification of debt
- Not given enough info to verify debt
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Postal mail |
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