How to beat CBV Collections

Dena Standley | October 19, 2022

Legal Expert, Paralegal
Dena Standley, BA

Dena Standley is a seasoned paralegal with more than 20 years of experience in legal research and writing, having received a certification as a Legal Assistant/Paralegal from Southern Technical College.

Edited by Hannah Locklear

Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

They say nothing goes with PB quite like some Justice (or is it Jelly?).

Summary: Is CBV Collections suing you for a debt? SoloSuit can help you take a stand and win in court.

>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance

If you have landed on this page, the chances are high that you have experienced harassment by CBV Collections. Unfortunately, you are not alone.CBV Collections has a history of rudeness, abusive practices, and ignoring consumer complaints. Read on to learn more about the company and how you can win against them. CBV Collections is a debt collection agency located in Canada with several offices. Their listed phone number is 1-888-311-1121 and compliance@cbvcollections.com is their email address.

CBV Collections has bad reviews

According to the Better Business Bureau (BBB), CBV Collections is given a B- rating for failing to respond to complaints against the business. CBV Collections has a cumulative rating of 2.8 stars on Google. The collection agency also has more than 200 complaints listed on its BBB profile, most of which mention incessant phone calls, voicemail messages, and robocalls from CBV Collections.

CBV and the Fair Debt Collection Practices Act

The Fair Debt Collection Practices Act (FDCPA) establishes clear guidelines of what debt collectors can and cannot do while attempting to collect a debt. Knowing your rights under the FDCPA is crucial to beating CBV Collections and stopping any harrassment that violates the law.

The FDCPA recognizes that abusive practices by debt collectors like CBV Collections can lead to bankruptcy, family instability, and invasions of privacy for individuals. To limit abusive and deceptive practices, the FDCPA establishes that collection communications with a consumer must be limited to:

8:00 AM to 9:00 PM local time for the consumer
Cease attempts to communicate directly with the consumer if an attorney represents the consumer
Once the collection agency is informed that an employer prohibits a consumer from receiving such communication, they must refrain from contacting you at your place of work

CBV Collections must also refrain from communicating with third parties about any potential debt you might owe, except in a few specialized circumstances. The company may only communicate with you, your attorney, the creditor's attorney, or a consumer reporting agency.

What to do if CBV Collections is violating the FDCPA

You have numerous potential remedies if you are being harassed by CBV Collections. If you can prove the collection agency has violated the FDCPA, you can file a lawsuit in state court. Though this option can be time-consuming, it may be worth it if unfair debt practices have caused you significant harm. It is crucial to remember that the statute of limitations for such suits is only one year from the date the violation occurs.

Small claims court may be a better alternative if you want to avoid the expense and time of suing in state court. Small claims court will not require an attorney, and you can argue your case directly before a judge. Small claims courts will limit the amount of damages you can recover, so check on the limits in your area before proceeding.

The Federal Trade Commission (FTC) oversees the actions of debt collectors and ensures that companies like CBV Collections adhere to the terms of the FDCPA. You can file a complaint online using the Complaint Assistant for the FTC.

The BBB also allows consumers to file complaints against collection agencies. You can file the complaint here and use BBB's scam tracker to monitor the behavior of unscrupulous collection agencies.

Immediate steps to take if contacted by CBV Collections

Consumers need to be aware of their rights when it comes to dealing with creditors. It is crucial that you take the offensive from the very first contact with a collection agency. Do not provide them with any information during the first phone call. Instead, treat the first contact as a fact-finding mission.

Ask them for:
The name and location of the company
The name of the person you are speaking with
Send a Debt Validation Letter
The mailing address for the company
The name of the original creditor
The web address for their website

Should any debt collector refuse to provide any of the above information, it should set off immediate red flags. Terminate the call and refuse further contact until you can determine the validity of the debt.

Respond to a debt lawsuit against CBV Collections

When CBV Collections successfully validates a debt, they might file a lawsuit against you to collect the debt. If you're being sued by CBV Collections, you don't need to panic. Here are three simple steps to take to respond to a Summons and Complaint for debt and win in court:

Answer each claim listed in the Complaint
Assert your affirmative defenses
File the Answer with the court, and send a copy to the plaintiff

Following these three steps has helped countless consumers fight back against big debt collectors like CBV Collections. In fact, many collectors would rather dismiss the case entirely than deal with the expenses and inconveniences of going to trial. Let's break down each step a little further.

Don't like reading? Check out this video:

Answer each claim listed in the Complaint from CBV Collections

The Complaint (in some states referred to as the Petition) lists the specific allegations or claims that CBV Collections is making against you. You should prepare a written Answer responding to each claim from the Complaint. These are the possible responses you can give:

Admit - like saying, “This is true.”
Deny - like saying, “Prove it.”
Deny due to lack of knowledge - like saying, “I don't know.”

You should choose one of these responses and add it to your Answer in a numbered list that corresponds with the Complaint's list.

Most attorneys recommend that you deny as many allegations as possible. This requires more work for CBV, as they have to prove anything you deny with legal documentation.

You can draft an Answer with SoloSuit in 15 minutes or less.

Assert your affirmative defenses against CBV Collections

Be sure to include a section in your Answer for affirmative defenses. An affirmative defense is any reason that CBV doesn't have a case. If you don't assert your affirmative defenses in your initial Answer, you won't have the opportunity to do so in the future.

Here are some common affirmative defenses we see:

The account with the debt is not your account
The contract was already canceled. Therefore you don't owe the creditor anything.
The statute of limitations has expired. A statute of limitations is a law that sets a deadline on an action, and the deadline is different in every state.
The debt has been paid or excused.
The debt has been partially paid.
You were a co-signer but were not informed of your rights as a co-signer.

That's right: if you don't bring up your affirmative defenses now, you are legally prohibited from bringing them up later. Many online forms don't help you assert your affirmative defenses, but SoloSuit does. This will help you strengthen your case and increase the chances of you winning.

Solosuit helps you make the right defense the right way.

File the Answer with the court, and send a copy to CBV Collections

Once you've finished preparing your Answer, make sure to file it with the court within the deadline. Each court has a set deadline that could be anywhere from 14-35 days, depending on which state you're in. Make sure to file before the deadline, or you may risk a default judgment being entered against you.

After you've filed the original copy with the court, send a copy of your Answer to the plaintiff's attorney (in the case, the attorney for CBV Collections) via USPS certified mail. Request a return receipt so you have proof of delivery.

Use violations of the FDCPA as leverage in settlement negotiations

Collection agencies know that FDCPA lawsuits can be expensive to defend and may result in a settlement that costs them significant money. Debtors can use violations made by a collection agency as leverage to settle a debt.

Document each interaction with CBV Collections, including keeping records of phone calls, letters you have received, and any testimony from third parties who were contacted. The more leverage you have, the stronger your negotiating position when settling the debt.

Negotiate a settlement plan with CBV Collections

If CBV Collection hasn't violated any laws laid out in the FDCPA, you can still reach out to negotiate a settlement at any time of the lawsuit process. However, it's best to make a settlement plan after you've filed your Answer in court because collection agencies like CBV are known to reach an agreement and then go back on their word in court and request a default judgment when they know you never filed an Answer. For this reason, you should file your Answer before you start the negotiation process.

When you're ready to begin the negotiation process, start by sending a Debt Lawsuit Settlement Letter to CBV Collections. Here are some tips and tricks for negotiating a debt settlement:

Tips and tricks for negotiating a debt settlement

SoloSuit's Debt Lawsuit Settlement Letter can help you reach a settlement that works for you.

What is SoloSuit?

SoloSuit makes it easy to respond to a debt collection lawsuit.

How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.

Respond with SoloSuit

"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James

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