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1) Who or What is the Credit Card Rights Coalition?
The Credit Card Rights Coalition (CCRC) is a self-help legal
educational coalition of citizens that have joined forces with a
network of paralegals, attorneys and administrative services
providers dedicated to providing its members relief from a debt
collection industry that is out of control. Through a proprietary
process developed by licensed attorneys and certified paralegals, we
are able to identify, develop and litigate claims for violations of
state and federal consumer protection laws. Through this process, we
are able to gain the consumer significant relief from skyrocketing
unsecured debt burdens.
2) Who can I count on for answers to questions that I have during
the process?
The Credit Card Rights Coalition has developed a Support Division
for this purpose. Email is the fastest and surest means of
communications, as it allows a paper trail that can be traced for
all consumer inquiries. However, we will also provide a contact
phone number for any questions that may occur during the process..
3) Will I get status reports?
You will receive acknowledgement that you are entered into the
system upon completion of your application and the payment of fees.
You may also receive confirmations from the different agencies we
are dealing with during the process.
4) What should I do if an agency contacts me?
Any such communications directed to you by a 3PDC (3rd Party Debt
Collector) must be forwarded to the CCRC support division within 48
hours.
5) What is the e-mail address for Customer Service?
You will be furnished all our customer contact information upon
confirmation that you are in the system. This will normally be in
less than 10 days.
6) Where are you based?
The CCRC is based in Modesto, California; however, we have
paralegals and attorneys nationwide.
7) Do you guarantee member services?
Unfortunately, most of the work that the CCRC involves itself in is
litigation related. As litigation is fraught with uncertainty, no
guarantees can be made with respect to the overall outcome of all
consumer credit accounts. However, we will guarantee that the CCRC
will provide the most professional and lawful strategies and tools
in the market to reconcile their members' unsecured credit accounts.
SECTION 2: HOW DOES THE CCRC DEBT
RECONCILIATION PROCESS WORK?
8) How do you eliminate my debt?
Please understand that this is not a “Debt Elimination” process. If
you are looking for a way to avoid your legal obligations under
contract, you have found the wrong place. We have seen all of the
processes out there, from UCC Redemption to Ultra Vires to Bonding
to foreign mail drops coupled with lawsuits and liens, and
everything in between. While some may work for a time, they all
ultimately suffer the same fate—Failure—and in more and more cases,
Sanctions.
The CCRC uses a proprietary set of tools and strategies developed by
certified paralegals and licensed attorneys to validate unsecured
debt claims, and then identify, develop and litigate consumer claims
for violations of state and federal consumer protection laws. In all
circumstances the CCRC will endeavor to secure validation of the
underlying debt from an original creditor and any subsequent owners
or holders of the unsecured debt account. During the process, some
debts may be invalidated. A debt that is proven to be invalid must
be forgiven and removed from the credit report and the records of
the financial institution. Other debts may be subject to negotiation
and settlement. Still others may be litigated. From our experience
and research, rarely do any of these federal claims go to trial.
Regardless of the strategy used on a particular account, the goal is
to secure as much relief for the beleaguered member as possible from
a debt collection industry that has completely lost its moral
compass.
9) Isn’t it wrong to file lawsuits just to try to get out of debt?
Absolutely. The filing of unfounded claims is a violation of ethical
guidelines and rules of procedure, and the CCRC will not sanction
such activity. The process utilized by the CCRC uses our knowledge
of debt collection industry practices to identify and develop viable
lawful claims against the various parties in the collection process.
Any lawsuits that are filed on our client’s behalf by CCRC attorneys
are soundly based in law and fact.
10) I am currently making payments on my accounts, should I continue
to make minimum payments?
Many people who come to us are already in default on at least one
account. This is the most pressing question for those who have not
defaulted. If you choose to enter an account into the process, then
it is your choice whether or not to make payments to an account
which you believe to be invalid.
The Fair Debt Collection Practices Act 15 U.S.C. §1692, et seq. (FDCPA)
provides for the withholding of payments during the dispute of a
debt. Further, the Fair Credit Billing Act allows for the
withholding of payment during a billing dispute. We believe that if
payments continue to be made, they should be made under protest or
duress. Otherwise, the act of payment may be interpreted as a
validation of the disputed debt. Remember, the companies that you
are dealing with are large, computerized operations who are more
interested in checks and other forms of payment than any other type
of communications. Therefore, if you choose to pay under protest,
that fact should be communicated on the payment instrument itself.
11) How soon do you start the credit restoration process once funds
and credit reports are sent in?
The process starts immediately after the funds and Application are
received by the CCRC. The credit restoration process runs parallel
to the debt reconciliation process, and the results of one process
feed certain elements of the other process.
12) Do I need to get copies of all my credit reports before sending
in my paperwork?
No. We will arrange to have your credit reports pulled from all of
the major credit reporting agencies. You will know that the process
is working when you begin to receive reports from the three major
credit reporting bureaus.
13) What do I do when I receive my credit reports?
Once the requests for credit reports are filed, you will receive a
number of copies of your credit reports from the credit reporting
agencies. These documents may resemble junk mail, so please be sure
to open all of your mail to make sure you do not throw them out by
mistake. Immediately upon receipt, review your report (s), and then
fax it to The Fulfillment Center and the CCRC. If you receive
several reports over one or two days, fax them all. Every time you
receive a credit report, act on it within 48 hours in the above
manner. Time is of the essence!
14) How long does the total process take?
As with any legal process, it is impossible to determine the exact
amount of time that will be necessary to complete the process. CCRC
estimates that the complete process should take approximately 12-18
months on average. This includes credit restoration, reconciliation
of unsecured debt, and any action on the federal level.
15) Will my credit file be blocked during this process?
During the first part of the process, CCRC’s provider partners will
place a fraud alert on your reports. Do not let anyone access your
Credit Report while in this process.
16) Will recent disputes or verifications on my credit report delay
the credit restoration process?
No. The CCRC process starts fresh, and any historical activity on
your reports will not have an impact on the demands for validation
and verification that we make on your behalf.
17) Can I allow my credit report to be accessed by third parties
during this process?
In order to ensure that there is no disruption to the credit
restoration process, it is recommended that you not allow anyone to
access your credit file. As such, you should avoid applying for
anything or employing the services of anyone that would result in
your credit report being pulled up and queried.
Various companies such as Insurance (Life, Car, and Home Owners),
Utilities (telephone, cell phone, gas, electric, Cable TV), Credit
Card, Auto Dealers, and Employers (Verification and Application)
must not access your credit report, so it is advised that during the
course of the process you not apply for any of those services. Make
sure you notify them that they should not access your Credit Reports
while this process is taking place. The credit reports will be
blocked during this period and the enquiring companies will not be
able to access your credit report without your permission. In the
event that you have to allow access to an entity, please make sure
to notify the CCRC prior thereto so as to avoid disruption.
18) Why do my credit reports show different treatment of my
accounts?
Every credit reporting agency (CRA) reports differently. The end
result of this process will be to clear all credit reports of any
accounts you placed in the program and remove derogatory remarks on
remaining accounts.
19) At what point in the process does a 3rd party debt collector
become aware that this process is in motion?
When they receive notice that you have disputed the subject account
or certainly when they are served with a federal complaint.
20) How do I stop phone calls from the creditors or collectors?
Cease and desist letters are very effective at stopping phone calls
from collectors; however, we prefer that our clients accept these
phone calls in order to enhance the strength of our federal suits
against these collectors. We ask that our clients either record
(when allowed by state law) or keep an accurate log of these calls
to send on to the CCRC support team.
21) I currently have an attorney working for me. What do I do if I
want to use the services of CCRC?
Please have your attorney contact us so that we can explain in
detail our compliance review and reconciliation process, and the
claims that we will develop on your behalf. To the extent that your
attorney is engaged in the defense of any state collection claims,
we are happy to share any defensive tool and strategies to maximize
his/her representation of you. We are also always looking for
consumer advocates to join our ever growing network, so have them
get in touch with us as soon as possible.
22) How do I know my accounts are being worked on?
Any accounts submitted properly into the program are being worked
on. If the paralegal needed additional information prior to sending
your package to CCRC, you would have been contacted. As stated
above, if you are receiving reports and other communications from
the credit reporting bureaus, this is a good indication that our
process is at work behind the scenes.
23) What if I want to know what is going on right now?
As with all legal processes, each step in the compliance review,
claims development and reconciliation process takes time. Generally,
the consumer protection statutes we operate under provide for
response periods as long as 30 days. Please refer to your consultant
with any questions, and then to the CCRC support team.
24) Do you dispute my unsecured debts?
We dispute the accuracy of each and every presentation of the
account as part of the program.
25) Is anyone in compliance with the consumer protection laws?
From our experience, few if any debt collectors are in full
compliance with the host of state and federal consumer protection
laws. It is our mission to identify, expose and make actionable as
many violations of those laws as possible.
ACCOUNTS / LOANS
26) Are signature loans at a bank considered to be unsecured?
Yes. A signature loan is secured only by your signature. Any
unsecured debt can be reconciled through this process.
27) Can store cards like Sears, or JC Penney be reconciled through
this process?
Yes. Increasingly, store credit cards are underwritten by the major
credit card banks. The collection process that is used in these
accounts is no different than any other unsecured credit account.
28) Can I include my spouse’s account in the process?
Yes. The process is based purely on the number of accounts you are
processing regardless of whether they are in your, or your spouse's
name.
29) Does the credit restoration process clear up late payments on my
credit report?
Yes, we attack late payment entries and demand verification thereof.
In the event that they fail or refuse to comply with the law
regarding the proper method of verifying negative tradelines - as is
the case in most situations - those entries must be removed.
30) Do you deal with Credit Union issued accounts?
Yes, as long as they are unsecured accounts.
31) Do you deal with accounts with a $0 balance?
It can be beneficial to your credit score to maintain open accounts
that have $0 balances. We recommend not using them actively unless
you can afford to pay the balances off.
32) What is the end result of your process?
Our goal is to perform a complete and total reconciliation of your
unsecured debt portfolio, and to get the consumer as much relief
from unbridled debt collectors as is legally possible. To do that we
enlist a team of certified paralegals and licensed attorneys to
validate claims and identify, develop and prosecute the inevitable
claims that arise on your behalf against the collectors. At the end
of the process, you should have your credit history restored, all
unsecured credit accounts that have come through the process
resolved to your maximum advantage, and the financial education and
tools to ensure that you do not ever fall into the unsecured credit
trap again.
33) Are electronically produced billing “statements” proof of
validation of debts?
No, and we develop a paper trail where the collector is on notice
that uncertified statements of account are not lawful evidence for
purposes of validation. However, you need to understand that we are
not just disputing the account/validity of any charges. We are
identifying and developing claims where the creditor and/or
collector is not in compliance with the Fair Credit Reporting Act,
the Fair Credit Billing Act, the Fair Debt Collection Practices Act,
and other state and federal consumer protection laws. These claims
are separate and apart from any claims that a collector may try to
assert against you.
34) Do balance transfers qualify for this process?
So long as you are dealing in unsecured accounts.
35) I am not behind on my accounts; can I still have them included
in your process?
Yes, you can. However, you need to understand that this process may
result in a short term decline in your credit scores while the
reconciliation process proceeds. Any reduction in credit scores will
be rectified during the credit restoration process.
36) Does this work on secured home mortgages or auto loans?
No, this process is restricted to unsecured credit accounts.
37) Does your process deal with student loans?
We do not currently have a process in place to deal with these
loans. Student loans are government insured and sometimes government
owned.
JUDGMENTS / LAWSUITS / ARBITRATIONS
38) What happens if I am sued and have to go to court?
First of all, no matter how uncomfortable you feel, you must show
up. Understand that the interest of the court is to get your case
through the system as quickly as possible. Do not let that
intimidate you. If the judge or anyone else asks you if you owe the
money, inform them that you have disputed the account, and that is
all you have to say. It is in your best interest to follow the
instructions on any document that was delivered to you notifying you
of the filing of a lawsuit against you. Generally, consumers are
required to file an appearance form that can be supplied by the
court clerk’s office and pay a fee to the court. Consumers may also
be required to file an answer to the complaint. Failure to file
required documents may result in a judgment being entered against
you, so make sure you read the papers carefully.
In addition to the reconciliation process discussed herein, the
CCRC does have attorneys in some locations who can appear in your
defense in state collection actions. However, those attorneys may
require a retainer for performing those defensive type services, as
opposed to the claims that are developed through the reconciliation
process, which are handled on a contingency fee basis. These
retainers are your responsibility and are not covered by the CCRC
program.
Please be very clear that the process that we are discussing in
this document involves the identification, development and
prosecution of claims in federal court. The process does not
directly deal with state court collection claims. However, the
actions of the collectors at the state level form the basis of the
claims that CCRC attorneys file on your behalf, and any illegal
actions performed by the collectors will result in requests for
damages.
39) Can you assist with a default judgment?
Default judgments are awarded to collectors when the defendant
either does not show up for the first hearing, or fails to respond
to a Complaint. The critical time for dealing with default judgments
is within 30 days of the entry of the judgment. After that, the
threshold for vacating default judgments can rise substantially.
As stated above, the CCRC reconciliation process does not directly
deal with state court collection cases. However, we will prioritize
treatment of any accounts that are in litigation during the course
of the reconciliation process. Our recommendation is that any
consumers who are subject to a summons for a state court collection
action request as much time as they can get to respond to the
complaint. This will allow us time to review the relevant account
information, send any correspondence necessary, and develop the
federal complaint for filing.
40) If I got a summons this week, can you help?
As with the default judgment discussed above, this process does not
directly deal with state court collection actions. However, we are
confident that whatever damage may be done by the collectors during
their pursuit of the debt can be rectified through the
reconciliation process.
CREDIT REPORTS
41) Can inquiries be removed from the credit report?
Yes, this is part of the credit restoration process and will be
fully explained in the education package you will receive.
42) Once Negatives are investigated and removed, do they come back?
Negative information, once investigated and found unverifiable,
outdated, misleading or inaccurate, may not reappear on your credit
report according to the FCRA (Fair Credit Reporting Act).
43) Is credit repair the same as credit restoration?
No. We only offer credit restoration. We do not offer or provide
credit repair as part of the CCRC process.
44) Can we buy a new car or buy a new home while we’re in this
process?
If you know you are going to buy a car or house during this time, do
not start this process until you have completed your purchase, then
you may get into the process. If you wait to purchase these items
after you have your credit restored, you will probably get a better
interest rate on your purchase.
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