Date Received: 2020-06-25
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: A debt collector called ERC has claimed that I owe a debt of {$68.00} from XXXX XXXX XXXX XXXX. This account was closed and the amount was charged off. I have asked for documentation to be provided from the original creditor about why I still owe this debt and none has been provided.
Company Response:
State: TX
Zip: XXXXX
Submitted Via: Web
Date Sent: 2020-06-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-06-25
Issue: Communication tactics
Subissue: Frequent or repeated calls
Consumer Complaint: I continue to receive repeated calls on XX/XX/2020, XX/XX/2020 and XX/XX/2020, as well as earlier in the year, looking for a person that does not and never has resided at my address. They use an automated system with the option for reporting a wrong number and to be removed from the call list but that has not happened. I have contacted a live human and told them this information but the call continue. Please make the calls stop. To help expedite the processing of this, you need not contact me about it. I appreciate any help you can give to resolve this.
Company Response:
State: IL
Zip: 60441
Submitted Via: Web
Date Sent: 2020-06-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-06-24
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: on XX/XX/2020 I get an alert from XXXX that this collection agency is trying to collect {$1400.00} from me. I have no idea what is about, I haven't received any letters etc.
Company Response:
State: DE
Zip: 197XX
Submitted Via: Web
Date Sent: 2020-06-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-06-24
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: Ive just paid for a copy of my credit reports, and reviewed my credit file as is being reported with XXXX, XXXX, and XXXX credit services, and noticed there are several inaccurate accounts and/or items on my report. This means that the below listed accounts were not opened by me, and that I did not profit from these accounts having been opened. As per section 609, I am entitled to see source of the information, which is the original contract that contains my signature.
Company Response:
State: NY
Zip: 10027
Submitted Via: Web
Date Sent: 2020-06-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-06-24
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: I received an alert from XXXX XXXX saying a collection was added. I had no knowledge of the collection until I received the alert from XXXX XXXX. I never received a phone nor letter advising me to dispute the validity of this debt. It is affecting my credit and need it removed. Im supposed to receive notification to dispute, and if I dont respond within 30 days then it can be added to my report, instead they added it without giving me the opportunity to dispute the validity of the debt
Company Response:
State: MD
Zip: 21221
Submitted Via: Web
Date Sent: 2020-06-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-06-24
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: On XX/XX/XXXX I got noticed a collection was placed on my account by Enhanced Recovery located @ XXXX XXXX XXXX XXXX Florida XXXX phone number XXXX Now the debt they reported was inaccurate and they reported that I opened a XXXX account on XX/XX/XXXX, however this debt is 7 years old on XX/XX/XXXX they intentionally reported old past due amount as new, collection accounts is considered a continuation of the orginal debt, I'm fully aware that it is a violation to do this and they sent this into XXXX credit bureau knowing this is false and misleading information, I contacted the credit bureau and they agreed that this doubt is 7 years old and should not be reported. Debt due to fall of XX/XX/XXXX Placed on my credit on XX/XX/XXXX Date orginally opened on XX/XX/XXXX Collection company stated dated open XX/XX/XXXX Violation as this is falsefied information to be able to get it placed on my credit bureau.
Company Response:
State: FL
Zip: 336XX
Submitted Via: Web
Date Sent: 2020-06-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-06-24
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I have contacted Enhanced Recovery Services located at XXXX XXXX XXXX | XXXX | FL | XXXX over 50 times starting XXXX XXXX to present to delete a negative credit reporting on a fraudulent XXXX account. On XX/XX/2020 XXXX issued a letter of deletion to the bureaus and directed ERC to remove immediately as it was under ERC name. XXXX is no longer a client of ERC and therefore I was not required to pay ERC any money. I have also requested a full refund but have not heard or received anything from. As if this date, the negative reporting is on all 3 bureaus. I have tried to contact their corporate office called The Office Of The President but it goes straight to voicemail after 15 attempts. I am in escrow since XX/XX/2020 and this has caused a severe delay in closing my loan and is causing me a financial hardship, as well as a low credit score affecting my loan approval.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 91773
Submitted Via: Web
Date Sent: 2020-07-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-06-23
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX, GA XXXX ENHANCED RECOVERY COMPANY XXXX. XXXX XXXX, FL XXXX XXXX : Account # XXXX XXXX XXXX {$2200.00} ) To Whom It May Concern : I have previously sent you a request to validate my debt under the Fair Debt Collection Practices Act and all I received was an itemized list of the alleged charges you claim I owe you. This does not meet the XXXXederal Trade Commissions guidelines of what constitutes proper debt validation In addition, in the case of Spears Vs. Brennan ( IN THE COURT OF APPEALS OF INDIANA, No. 49A02-0003-CV-169 ), the court ruled that : 15 U.S.C. 1692g ( b ) ( emphasis added ). On November 12, 1996, nineteen days after the date of Brennans debt collection letter, Spears counsel Shepard sent Brennan a letter declaring that Spears disputes your debt collection-related allegations, denies the same, and demands strict proof and verification thereof. Record at 21. As such, Brennan should have ceased his debt collection efforts immediately upon receiving that letter. Instead, Brennan proceeded to obtain a default judgment against Spears on the debt collection claim before he had mailed Spears the necessary verification and, thus, violated 15 U.S.C. 1692g ( b ). Brennan maintains, however, that there was no violation of the FDCPA because he sent adequate verification of the debt [ to Spears ] in the October 30, 1996 notice of claim. Brief of Appellee at 13. Specifically, Brennan claims that a copy of the consumer credit contract between Spears and American General attached to the notice of claim provided sufficient verification of the debt within the meaning of 15 U.S.C. 1692g ( b ). We can not agree. The contract in no way provides sufficient verification of the debt. A review of the document reveals that it identifies only the terms of Spears loan, including a 17.99 % annual interest rate and the original loan amount of {$2500.00}. The loan agreement contains no accounting of any payments made by Spears, the dates on which those payments were made, the interest which had accrued, or any late fees which had been assessed once Spears stopped making the required payments. Indeed, the existing unpaid contract balance at the time Brennan sent the debt collection notice was at least {$350.00} more than the original loan amount. Therefore, Brennan violated 15 U.S.C. 1692g ( b ) when he failed to cease collection of the debt by obtaining a default judgment against Spears after Spears had notified Brennan in writing that he was disputing the debt but before Brennan had mailed verification of the debt to Spears. We reverse the trial courts entry of summary judgment in favor of Brennan on this issue. I notice that you are still reporting this collection on my credit report, which is considered to be a collection activity. You are now in violation of the FCPDA, and are now subject to fines of {$1000.00}, plus actual damages and attorneys fees, which I may collect from you by filing a claim in small claims court. These collections on my credit report are causing me severe problems in trying to purchase a home and the damage could lead into the $ XXXX. You should also be aware that reporting such invalidated information to major credit bureaus might constitute defamation of character, as the negative marks on my credit report harm my credit and prevent me from enjoying all the benefits of good credit. In addition, the Fair Credit Reporting Act XXXX FCRA ) does not allow the inaccurate reporting of information on my credit report and under this act. Therefore, if you do not immediately remove this account from my credit report, you are subject to another {$1000.00} fine, plus punitive damages. I'm sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies. I intend to follow through with the suit if I do not hear back from you within 15 days. I look forward to hearing from you, Best Regards, XXXX XXXX XXXX Please remove this account from my credit and do not contact me by phone only contact me by mail or by CFPB portal.
Company Response:
State: GA
Zip: 30033
Submitted Via: Web
Date Sent: 2020-06-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-06-23
Issue: Communication tactics
Subissue: Frequent or repeated calls
Consumer Complaint: I had a debt collector contact me that wouldn't Identify herself that was trying to verify old addresses for over 7 years back. I had to argue with her for her to identify that she was trying to collect a debt from sprint. The debt is more than 5 years old but it brought my score recently down 75 points as if it was brand new. Is That legal?
Company Response:
State: CT
Zip: 06492
Submitted Via: Web
Date Sent: 2020-06-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-06-23
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I received a email that my credit score went down and they found an open account. Someone recently opened a XXXX account owing {$4000.00}. I never opened a XXXX I only had XXXX XXXX and just opened a XXXX acct. I tried to dispute the error but they said the information is correct. Some one used my ssn in XX/XX/XXXXto buy stuff with XXXX its false and Im not paying {$4000.00} for something I didnt do! Who ever looked at my dispute need to look again anything I opened will be on my credit but XXXX no it wasnt me.
Company Response:
State: IL
Zip: 60636
Submitted Via: Web
Date Sent: 2020-06-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A