Date Received: 2018-12-15
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: In XX/XX/XXXX I received a letter from the collection agency Convergent notifying me that they were collecting on a debt from XXXX of {$430.00}. I never opened an account with XXXX and this was my first time being contacted about this debt. I was never contacted by XXXX and the debt does not exist on my credit report ( XXXX ). They provided no other information about the debt, other than the name of the company and the debt owed. I sent them a validation of debt request on XX/XX/XXXX, stating that I have never had an account with XXXX, and believed this was fraud. I asked them to provide the following : 1. The amount of the alleged debt 2. The full name and mailing address of the original creditor for this alleged debt 3. Agreement with the creditor that authorizes you to collect this alleged debt 4. Documentation showing you have verified that I am responsible for this debt, or a copy of any judgment 5. The agreement bearing my signature stating that I have agreed to assume the debt 6. Valid copies of the debt agreement stating the amount of the debt and interest charges 7. Proof that the statute of limitations has not expired 8. Complete payment history on this account along with an accounting of all additional charges being assessed. 9. Documentation showing you are licensed to collect debts in the state of New York, including license numbers and Registered Agent On XX/XX/XXXX I received another letter from them. The only proof they provided was a list including the dates of the debt ( XX/XX/XXXX and XX/XX/XXXX ), the amount of the debt ( {$430.00} ) and the service address for the debt : XXXX XXXX XXXX XXXX XXXX XXXX, NY XXXX. They also provided The New York City Language and License numbers for their Washington State, Texas and Arizona offices. They did not provide the following : 1. Agreement with the creditor that authorizes you to collect this alleged debt 2. Documentation showing you have verified that I am responsible for this debt, or a copy of any judgment 3. The agreement bearing my signature stating that I have agreed to assume the debt 4. Valid copies of the debt agreement stating the amount of the debt and interest charges 5. Proof that the statute of limitations has not expired 6. Complete payment history on this account along with an accounting of all additional charges being assessed. I have never lived at XXXX XXXX XXXX and was living at my current address in XXXX with my husband. I recognize the XXXX XXXX address from a previous identity theft experience I had in XXXX. At that time, several accounts were opened in my name using this same address. I filed a fraud report, reported it to the police, and all debts were cleared and removed from my credit report. XXXX XXXX XXXX was also removed from my credit report. To my knowledge, I have not had a problem with identity theft since this incident in XXXX, and the address does not appear on my XXXX Credit report as of XX/XX/XXXX. Nor does the debt from XXXX. My complaint is that XXXX allowed this fraudulent account to be opened in my name without my knowledge and after it was determined that XXXX XXXX XXXX was not my address, contacted a debt collection agency to pursue the resulting debt without my knowledge and without notifying me of the fraudulent account, and Convergent continued to pursue collection after I declared in writing that I never opened an account with XXXX, and they declined to provide all the information I requested in my initial validation of debt request.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NY
Zip: 11105
Submitted Via: Web
Date Sent: 2018-12-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-12-14
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: I have an outstanding collection with XXXX XXXX. The end of the seven year period for this collection is very close. XXXX changed collection agencies to Convergent. Either XXXX gave Convergent incorrect information or Convergent reported information to the credit bureau which was incorrect. My credit report shows that the Date the account was opened was XX/XX/XXXX. I believe is was in XXXX. It also shows that the last payment date was in XX/XX/XXXX. Also incorrect. Please note that my wife had a very difficult XXXX and was not able to work full time which reduced our income. Over a year after the baby was born, she suffered a major XXXX XXXX for which the survival rate is roughly 10 %. I had left for grad school. she was not able to help support our family as was planned and only with the help of student loans and family did we make it through. At one time we were so desperate we considered filing bankruptcy, but declined to go forward. We did call XXXX after I began working again, and they were the most unpleasant and unyielding. We told them we had limited funds and would use them where it provided the most benefit. There are no other open collections. We are now purchasing a home on a construction loan. The impact of making the collection look like a recent event has been really damaging to my credit score, and a credit score is the primary basis for determining a rate. My banker has advised me it is critical to have this corrected. In speaking with a credit bureau, they did tell me even a correction will hurt my score, so I have asked that it be removed. Both XXXX and Convergent have been emailed asking for a removal, and neither has even responded to the problem. XXXX inquired about the account number, however, I no longer have that information and it is not on the credit report. In the email they received they were informed that I had contacted both your agency and a credit reporting agency to make certain that my position was correct and that I had not filed a report, giving them the opportunity remove this item. It would appear that this is a manipulation of credit reporting to try and exact payment. Fortunately I am able to reach out to the bureaus and to the CFPB ( whom I contacted earlier by phone to confirm that this is an unacceptable practice ). However, if this is a standard practice of either company or both to try to make a collection, a great many people will not have any knowledge of the law or whom to contact and would be hurt by these actions. I believe that both entities are also under the aegis of the Federal Trace Commission. Should I file a complaint with that agency as well? I am supposed to move to permanent financing within the next 35 days. Since I have had no response, I am at a loss as how I should proceed. Your help is really needed. Finally, I do want to explain that my schedule at the XXXX as a XXXX has been very busy lately as well as working on the house to save money, so my mother-in-law, XXXX XXXX, called both Convergent and XXXX to get a correct email address. She sent the original emails along with a letter signed by me to allow either entity to speak with her or email her. Copies are attached
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: AR
Zip: 71913
Submitted Via: Web
Date Sent: 2018-12-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-12-14
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I submitted a complaint in regard to this company having this bill on my credit report. In my complaint I advised that this was not my bill. I have never had XXXX before in my name. The company sends me a bill stating verification of a bill. This is not a VALIDATION that this bill belongs to me. The bill has a name and an account number. There is no signed contract submitted, there is nothing of personal information that validates that this is my bill. The only thing on this bill is my name XXXX XXXX. A debt collector my not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The collection of any amount ( including any interest, fee, charge or expense incidental to the principal obligation ) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. So with this being said I have attached a letter of VALIDATION not VERIFICATION which is what they sent to my and will also be sent in an attachment as well.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: IA
Zip: 50265
Submitted Via: Web
Date Sent: 2018-12-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-12-13
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I XXXX XXXX have a collection placed on my credit report with XXXX XXXX XXXX located in XXXX WA. I have never opened an account with this corporation and thay have failed to provide me proof of the alleged debt. This negative information was placed on my credit report on XX/XX/2015 in the amount of {$210.00}. I have been hindered in obtaining a vehicle because of this negative and inaccurate information. I am demanding this account be removed due to lack of validity.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: IL
Zip: 60628
Submitted Via: Web
Date Sent: 2018-12-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-12-13
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Im in complete shock about this negative item that continues to appear on my credit negatively. I have disputed this item with the credit reporting agency and they reported you confirmed the account as valid. I honestly do not believe to ever have any relationship with this collection agency or original creditor. Also there are several inaccuracies with this account the way it's reporting and that's a total violation of FCRA and FDCPA laws and regulations. In a good faith effort to resolve the matter amicably, I must demand proof of this debt, specifically the alleged contract or other instrument bearing my signature, as well as proof of your authority in this matter. Absent such proof, you must correct any erroneous reports of this past debt as mine. I am writing to request that you please provide the following information : 1. Please evidence your authorization under 15 USC 1692 ( e ) and 15 USC 1692 ( f ) in this alleged matter. 2. What is your authorization of law for your collection of information? 3. What is your authorization of law for your collection of this alleged debt? 4. Please evidence your authorization to do business or operate in this state. 5. Please evidence proof of the alleged debt, including the alleged contract or other instrument bearing my signature. 6. Please provide a complete account history, including any charges added for collection activity.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: MA
Zip: 027XX
Submitted Via: Web
Date Sent: 2018-12-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-12-12
Issue: Threatened to contact someone or share information improperly
Subissue: Talked to a third-party about your debt
Consumer Complaint: keeps calling me at work XXXX XXXX XXXX
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: TX
Zip: 77072
Submitted Via: Web
Date Sent: 2018-12-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-12-12
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: XX/XX/2018 I sent a certified letter signed receipt to XXXX XXXX asking that they VALIDATE OR REMOVE a collection item from my credit report. I specifically asked for an original copy of a signed copy of the original contract binding me as owning the debt and not a bill. verification and validation is not the same all they sent me was a copy of a bill which doesn't validate
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 344XX
Submitted Via: Web
Date Sent: 2018-12-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-12-11
Issue: Communication tactics
Subissue: Frequent or repeated calls
Consumer Complaint: I received a call at approximately XXXX MST from XXXX XXXX this is after a call was made earlier in the day at approximately XXXX MST. I advised the company at that time I would not be able to make any kind of arrangements but fully understand collection efforts would continue. My issue is receiving the second call in the same day and the representative XXXX saying she in fact noticed a call was already made without confirming who I was. I feel this is very harassing and hope to take this as far as I need to make sure it doesnt happen again.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: AZ
Zip: 85201
Submitted Via: Web
Date Sent: 2018-12-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-12-10
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: I have dispute an alleged debt from XXXX for {$490.00}. The collector has never sent me any documents proving i owe the debt or how they claim i owe exactly {$490.00}. I do not agree so i disputed it. They allegedly verified it with the credit bureaus. They did not do a reasonable investigation and have failed to provide any proof. They also have been harassing me on my personal cell phone.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: PA
Zip: 19320
Submitted Via: Web
Date Sent: 2018-12-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-12-11
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I am writing concerning my request that the accounts placed in collection, on my credit report be removed. Under the Fair Debt Collections Practices Act ( FDCPA ), this is not a request for validation. I shall list a few of the problems with this account. This is a formal request a block of the above listed accounts according to Section code 605 Block of information resulting from identity theft ( 15 U.S.C.1 681 c-2 ) Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft not later than ( 4 ) days business days after the date of receipt by such agency of : Beginning ( 4 ) business days after receipt of information described in paragraphs ( 1 ) through ( 3 ) of subsection ( a ) a check services company shall not report to a national consumer reporting agency described in section 6039 ( p ), any information identified in the subject identity theft report as resulting from identity theft. Firstly California Statute of Limitations is 4 years for Collection of Debt on Account is 4 yrs. ( book and stated accounts ) Civ. Proc. 4 yrs. ( book and stated accounts ) Civ. Proc. 337
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 90044
Submitted Via: Web
Date Sent: 2018-12-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A