Date Received: 2021-12-21
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: I disputed the account and ask that they validate this account, and they fail to respond to the action. The law states they have 30 days to do so if not or over the 30 days this account must be removed from the credit file and in this case, they fail to respond to the matter. It has been over 30 days with no response, and I did not open or authorize this account, and I therefore request that it be closed immediately. By the federal law requirement this account must be removed because you do not have proof or any evidence to support this matter and failure to respond. I request that you take all appropriate steps to remove the information about this account from my credit files. My credit report showing the fraudulent items related to your company that are the result of identity theft.
Company Response:
State: SC
Zip: 29108
Submitted Via: Web
Date Sent: 2021-12-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-16
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Was not notified of investigation status or results
Consumer Complaint: I Received a call from XXXX XXXX from Portfolio Recovery stating i need to pay off my bill it was illegal and i would be sued in federal court If i did not pay the bill and possibly throw in Jail, I paid the XXXX XXXX bill in full even though it was paid prior, I also was told after it was paid in 30days it will be delete off my credit report and it is still there. This company have over 2000 complaints here at the CFPB and I demand something be done about this company and this fraudulent account be removed off my credit report as it his hurting my living. Thank you.
Company Response:
State: NY
Zip: 14215
Submitted Via: Web
Date Sent: 2021-12-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-16
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: RE : Attentively review my formal writ composed declaration of not proven complaint misinformation that is all or in part : deficient of the adequate current status in the fullness of TRUTH, ACCURACY, COMPLETENESS, TIMELINESS, documented OWNERSHIP, certifiable RESPONSIBILITY, or otherwise irrefutable, complaint obligatory, and regulatory requisite reporting thereby mandating your immediate actions to rectify and remedy and any infractions behavior ( s ) by retaining or returning to demonstrate TRUE, CORRECT, COMPLETE, and COMPLAINT XXXX XXXX data field formatted reporting!!! I am a victim of identity- theft, I am writing to request that you block all accounts disputed as fraudulent on my credit reports with XXXX XXXX XXXX XXXX and XXXX. This information does not relate to any transactions I have made. I did not give anyone authorization or consent to use my personal information. I hereby exercise my legal rights enacted by Congress and The Federal Trade Commission, which explicitly states when a victim of identity-theft dispute a fraudulent account on his/her credit report it shall be honored by all credit bureaus and all fraudulent information should be blocked within 4 days and proper notification shall be given to all data furnishers pursuant to section 605b of The Federal Fair Credit Reporting Act. Failure to comply shall lead to complaints being filed with The XXXX XXXX XXXX Consumer Financial Protection Bureau, and Attorney General stating your companys unlawful collection practices, misrepresentation of creditworthiness, defamation of character, and noncompliance to abide by laws enacted by Congress to protect victims of identity-theft who's credit been impacted by acts of fraud. Because I know my rights under THE FAIR CREDIT REPORTING ACT, CONSUMER CREDIT PROTECTION ACT ( CCPA ), and FAIR and ACCURATE CREDIT TRANSACTION ACT of 2003 ( FACTA ). I will be taking action. I also know my rights under this paragraph of Section 312 of the FACTA LAW : SEC.312. Procedures to enhance the accuracy and integrity of information furnished to consumer reporting agencies. ( b ) duty of furnishers to provide accurate information. -- Section 623 ( a ) ( 1 ) of THE FAIR CREDIT REPORTING ACT ( 15 U.S.C . 1681s-2 ( a ) ( 1 ) is amended ( 1 ) in subparagraph ( A ), by striking " knows or consciously avoids knowing the information is inaccurate '' and inserting " knows or has reasonable cause to believe that the information is inaccurate '', and ( 2 ) by adding at the end of the following : ( D ) DEFINITION -- For purposes of subparagraph ( A ), the term 'reasonable cause to believe that the information is inaccurate ' means having specific knowledge, other than solely allegations by the consumer, that would cause a reasonable person to have substantial doubts about the accuracy of information. Policy states. According to the Fair Credit Reporting Act FCRA 611 ( 15 U.S.C 1681 ), Procedure In Case of Disputed Accuracy. ( a ) Reinvestigation ( 1 ) Reinvestigation ( a ) In general. Subject to Subsection ( f ), if the completeness or accuracy of any item of information contained in a consumers file at a consumer agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph ( 5 ), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller. Therefore, my position is being clearly stated, these accounts do not belong to me, meaning that you are reporting inaccurate account information within my credit file. The fact that these are inaccurate account information means that you, this credit-reporting agency, are reporting incorrect accounts. 1. ENHANCED RECOVERY CO L XXXX I am well aware of my rights as a consumer. The Fair Credit Reporting Act requires that you, the credit-reporting agency report accurate and/or correct account information within my credit file. My credit issues are very specific, these accounts and/or items do not belong to me. This means that you are reporting incorrect account information within my credit report. It is this in mind that I request that these listed accounts and items be Blocked and Deleted. According to the Fair Credit Reporting Act FCRA, Section 1681c ( 2 ) Block of information resulting from identity theft. 1.Block. Except as otherwise provided in this section, a consumer reporting shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from alleged identity theft, not later than four ( 4 ) business days after the date receipt by such agency of 1. Appropriate proof of identity of the consumer ; 2. A copy of an identity theft report 3. The identification of such information by the consumer ; and 4. A statement by the consumer that the information relating to the transaction by the consumer. I have provided all of the above listed four ( 4 ) items within this package. Therefore, I expect these listed accounts to be deleted and blocked within ( 4 ) business days. This is clearly an identity theft issue. I am also entitled to receive a free copy of my credit report, so I am requesting a free credit report and that all of these accounts, public records items, and inquiries be permanently blocked and deleted. Enclosures : Identity Theft Report Proof of Identity Copy of Account Statement showing Fraudulent Items FTC Notice to Furnishers CC : Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX XXXX, Iowa XXXX
Company Response:
State: AR
Zip: 72143
Submitted Via: Web
Date Sent: 2021-12-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-16
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: This company is asking for a debt that I had no legal binding contract with them regarding. I entered into an agreement with XXXX and have no knowledge of who this company is or why they've been sold my debt. Please see below for steps I am willing to take to correct this action ASAP. I would be happy to settle any financial obligation I might lawfully owe, as soon as I have received the following documentation from you : 1. Verification of the debt ( the actual accounting ) ; 2. Verification of your claim against me ( a sworn affidavit or a hand signed invoice in accordance with The Bills of Exchange Act ( 1882 ) ) ; Uniform Commercial Codes, Federal Fair Credit Reporting Act, and Nevada State Statues for Lawful Purposes.3.A copy of the contract signed by both parties and therefore binding both parties.4.Please also provide me with a true and certified copy ( NOT photocopy ) of the Original Note ( Credit Agreement ), under penalty of perjury and with unlimited liability and confirm that this Note, has never been sold.5. Please also confirm the name of the individual who is the duly authorized representative from your company, who has carried out due diligence under The Money Laundering Regulations 2007 and what actions s/he has taken in relation to this account.6. I demand you define what $ is in law, and cite any law defining the $ symbol and what form or specie of payment under 15 USC 78m ( q ) ( 1 )? I hereby give you 7 days to reply to this notice from the above date with a notice sent using recorded post and signed under full commercial liability and penalties of perjury, assuring and promising me that all of the replies and details given to the above requests are true and without deception, fraud or mischief. Your said failure to provide the aforementioned documentation within 7 days, from the above date, to validate the debt, will constitute your agreement to the following terms : That the debt did not exist in the first place ; ORIt has already been paid in full ; AND That any damages suffer, you will be held culpable ; That any negative remarks made to a credit reference agency will be removed ; You will no longer pursue this matter any further.
Company Response:
State: NV
Zip: 89108
Submitted Via: Web
Date Sent: 2021-12-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-15
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: Enhanced Recovery XXXX XXXX XXXX. XXXX, FL XXXX Attn : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, VA XXXX Reference # XXXX You have still yet to properly address my statements as outlined and reiterated below in response to your CFPB unsatisfactory response. ERC Statement : Please note our agency is not a debt purchaser. Our client maintains ownership of their account ; therefore, we service the account on their behalf. Please advise : Who provided ERC with authorization to obtain my information and collect on behalf of XXXX? Corresponding Violation : 15 USC Code 1681b indicates that unless requested by federal grand jury or submitted in writing by myself the consumer which I did not provide so therefore whether you are collecting on their behalf of not you have no right without my consent. Closing the account does not negate the violations and they need to be addressed as such. ERC Statement : By that time, ERC had already ceased collection activities due to disputes that were forwarded to our offices from the credit reporting agencies and obtained verification of the debt, or the name and address of the original creditor, and a copy of such verification as defined by 15 U.S.C.A. 1692g ( FDCPA ) ; as well as 623. ( a ) ( 8 ) ( e ) ( i ) of the Fair Credit Reporting Act ( FCRA ) was provided to XXXX XXXX on XX/XX/XXXX, and XX/XX/XXXX, respectively. Please note that the FDCPA and the FCRA does not define verification beyond the above language. It also does not require the debt collector to obtain a copy of the original contract. Consumer Response : Please provide proof of receipt of said documents you indicate were provided on XX/XX/XXXX and XX/XX/XXXX as I never received in order to dispute based on 15USC 1692g. ERC Statement : Furthermore, XXXX XXXX was advised, the telephone calls associated with the above-referenced account were reviewed and it was found, she was advised that ERC reports the true and accurate status of the account. Consumer Response : The Consumer, never gave ERC consent to furnish this on my consumer report. Pursuant to Corresponding Violation : 15 USC Code 1681b indicates that unless requested by federal grand jury or submitted in writing by myself the consumer you do not have consent to furnish information. Who gave you authorization? There is no federal law that indicates you must furnish anything on my consumer report without my consent. Per my previous response ERC reflected that my consumer report reflects that my disputes were reinvestigated in XX/XX/XXXX. Per my last request, Please provide proof with steps taken to investigate. Corresponding Violation : 15 USC Code 1681a defines an investigation by performance of interview with either neighbors, friends, or associates of the consumer. Please provide written response with whom you performed interviews with in order to investigate debt. Included copy of consumer report showing investigation comment. ERC Statement : A delinquent XXXX account with number XXXX was placed with our office for collection on XX/XX/XXXX, in the amount of {$460.00}. Please note our agency is not a debt purchaser. Our client maintains ownership of their account ; therefore, we service the account on their behalf. Consumer Response : If ERC was not the debt purchaser your communication sent out to me is also in further violation and misleading and further justifies my point. If ERC only works on behalf of client, why is all information listed on my consumer report reflect ERC? Also the attached communication that was submitted to me by ERC is a direct violation pursuant to 15 USC 1692 ( b ) ( 2 ) which states that your communication should not state that consumer owes any debt. Please see your communication dated XXXX. My request is that be removed from my consumer report due to the violations stated, and refund the {$200.00} or I will be forced to move forward based on violations which will be more costly than what is being requested. Thank you in Advance for your cooperation
Company Response:
State: VA
Zip: 23434
Submitted Via: Web
Date Sent: 2021-12-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-15
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I am writing to alert the Consumer Financial Protection Bureau of a collections company that is violating my rights and not using proper communication methods when showing up on my credit report. I need the CFPB office to please look into my case. This account has just popped up on my credit report without ever communicating to me. There was no written letter to me or calls to me so I can explain that they have the wrong person. They have recently just popped up on my credit report and I am not familiar with how they got my information or how they have my social security number. I do not owe this company {$2100.00}.
Company Response:
State: NY
Zip: 108XX
Submitted Via: Web
Date Sent: 2022-01-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-15
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I have already tried before to resolve this fraudulent account with this company. This account is a result of fraud. I have never conducted any business with ERC or XXXX. Its not my debt, and their still reporting it on my credit. I demand a copy of the original contract with my Signature. They are in violation of the federal and state Fair Debt Collections Practices Acts. If they can't or refuse to provide the original contract with my signature binding me to this entity. Which means they are also reporting inaccurate information on my credit profile, which is a violation of the Fair Credit Reporting Act and must be deleted within XXXX days. This is my last time requesting this fraudulent account be removed. I will proceed with legal actions if this isn't rectified expeditiously.
Company Response:
State: FL
Zip: 33021
Submitted Via: Web
Date Sent: 2021-12-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-15
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Enhanced Recovery Company has re-added an account for XXXX that I previously disputed to your agency with success even though the account was already removed from my credit profile. XXXX XXXX XXXX deleted this account from my profile on XXXX XXXX, 2020 yet ERC continues to re-add this account to my profile incorrectly and illegally, XXXX also keeps incorrectly verifying this account as being accurate as well when they have previously removed it.
Company Response:
State: FL
Zip: 33991
Submitted Via: Web
Date Sent: 2021-12-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-14
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: XXXX : the original amount of debt was {$590.00}. The debt was with XXXX after switching service. Had called XXXX many times but debt continued to build up. Paid the entire debt in full and in good standing through ERC. ( letter attached ) PLEASE UPDATE REPORT
Company Response:
State: NJ
Zip: XXXXX
Submitted Via: Web
Date Sent: 2021-12-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-13
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I have reached out to ERC and requesting information in which I have yet to receive a response. ERC is in violation of my rights as a federally protected consumer.
Company Response:
State: CA
Zip: 90044
Submitted Via: Web
Date Sent: 2021-12-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A