Date Received: 2023-10-13
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I am the author of this complaint and I have attached a copy of my driver 's license, social security card, and an identity theft report to this complaint. I contacted NATIONAL CREDIT SYSTEM ( Original Creditor : XXXX XXXX XXXX XXXX XXXX ) about an account that they are reporting to my credit report. They are reporting the account fraudulently and without my authorization and consent. They claim that I owe them balances on debt accounts but they have not provided VALIDATION that a contract exists between myself and NATIONAL CREDIT SYSTEM ( Original Creditor : XXXX XXXX XXXX XXXX XXXX ). If no contractual obligation exists between us then how could I legitimately owe them for any debt? If NATIONAL CREDIT SYSTEM ( Original Creditor : XXXX XXXX XXXX XXXX XXXX ) continues furnishing, reporting, and making attempts to collect debt that does not belong to me then I will have to include them in an arbitration claim for violation of the FCRA, FDCPA, and for aggravated identity theft. Please see NATIONAL CREDIT SYSTEM ( Original Creditor : XXXX XXXX XXXX XXXX XXXX ) 's info in identity theft report attached
Company Response:
State: OH
Zip: 44120
Submitted Via: Web
Date Sent: 2023-10-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-11
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: The GLBA clearly states a credit reporting agency would have to be a part of an affiliated party to National credit systems in order for them to be exempt from providing me with an opt out notice before reporting my non public information. By definition in the GLBA NATIONAL CREDIT SYSTEMS is a financial institution and I am a consumer not a customer of National credit systems. And as a consumer I have a right to privacy. NATIONAL CREDIT SYSTEMS is in violation of the Gramm Leach Bliley Act and never had writtenpermission from me to report anything to me without first verifying the validity of a debt. If this persists it will fall under a violation of 18 usc 242 deprivation of rights under color of law : WHOEVER ( National Credit Systems falls under this definition ), under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both ; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon. I consider reporting to my consumer report as a dangerous weapon that is causing me mental and physical harm which could lead to my death. If this happens you will be liable as this complaint will be on the record. and if death results from the acts committed in violation of this section shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
Company Response:
State: GA
Zip: 30341
Submitted Via: Web
Date Sent: 2023-10-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-11
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: There was an eviction process that went through XXXX XXXX XXXX. We went to court XX/XX/2022. XXXX stated that if I were out by XX/XX/XXXX, I would not owe apartments anything. Showed up to court on XX/XX/XXXX stating I was gone, clerk told me case would be dismissed without giving me paperwork that stated this information. Received documentation XXXX weeks later stating that XXXX said I was not out by said date and time that was ruled by judge. The judgment was given to them without my knowledge. Went to court house to rectify situation with video footage showing I turned key in and also a contract showing my movers were done moving by agreed time. XXXX house supervisor stated the case would be sealed off showing there wouldn't be a judgement for either side because of falsified information coming from XXXX XXXX. Before this judgement was given, XXXX sold the debt to The National Credit System. They have not properly contacted me, not by mail or email stating what the fees are for only that they are working on behalf of XXXX, which was a very quick phone call. Ive sent XXXX certified letters to National credit system asking for original contract with my signature for validation of debt and no one has replied.
Company Response:
State: TX
Zip: 77076
Submitted Via: Web
Date Sent: 2023-10-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-12
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: In XXXX XXXX XXXX I reached out to the companies listed that it says I owe the debt to and the agent said they have no record of me. XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, Texas, XXXX XX/XX/2023 National Credit System NOTICE AND DEMAND FOR CEASE AND DESIST FOR ACCOUNT # To Whom It May Concern : I have asked you to validate the alleged debt that you claim that I owe, and all you have provided me are statements and signatures to an account that you can not prove is mine. You have violated my consumer rights under the Fair Debt Collection Practices Act ( FDCPA ) 15USC 1692 ( g ) - Failure to validate this alleged debt. I refuse to pay this alleged debt until the proper validation of this debt is provided. Please cease and desist all collection activities until you can properly validate this alleged debt. 15 USC 1692c ( c ) Ceasing communication If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt. If proper validation of this alleged debt is not provided within XXXX calendar days of receiving this notice, I will assume this alleged debt to be invalid and you shall delete this account and stop all collection activities regarding this account. Furthermore, you do not have any jurisdiction or authority to even collect on this alleged debt. FDCPA 811 [ 15 USC 1692i ] Legal actions by debt collectors ( a ) Venue Any debt collector who brings any legal action on a debt against any consumer shall -- ( XXXX ) in the case of an action to enforce an interest in real property securing the consumer 's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located ; or ( XXXX ) in the case of an action not described in paragraph ( XXXX ), bring such action only in the judicial district or similar legal entity -- ( A ) in which such consumer signed the contract sued upon ; or ( B ) in which such consumer resides at the commencement of the action. ( b ) Authorization of actions Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collectors. By the way, if you ever decide to turn this alleged debt over to an attorney to collect and violate my rights under the FDCPA 15USC 1692 even further, just keep in mind that an attorney can not be a debt collector and a debt collector can not be an attorney. FDCPA 807 [ 15 USC 1692 ( e ) ( 3 ) ] False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : The false representation or implication that any individual is an attorney or that any communication is from an attorney. With all that was said above, for each VIOLATION of the FDCPA that you have committed I am entitled to {$1000.00} per violation. You dont believe me? Ok, let me show you what the law says : FDCPA 813 [ 15 USC 1692k ] Civil liability ( a ) Amount of damages Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of -- ( XXXX ) any actual damage sustained by such person as a result of such failure. ( XXXX ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00}. Your Options are as follows : Delete this account and cease and desist with all collection activities. Settlement ; or We go to court and you incur lawyer fees, plus pay me {$1000.00} per violation along with more in damages. Sincerely, XXXX XXXX
Company Response:
State: TX
Zip: 77060
Submitted Via: Web
Date Sent: 2023-10-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-10
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: I received notice on my credit report which that I owe {$6900.00}. I informed them that I am exercising my right to discharge debt under 192 73-10. Also 18 usc 8 all debts are the obligation of the United States. Also by being a third party debt collector they are in violation of the FDCPA ( FAIR DEBT COLLECTION PRACTICE ACT ). Violations 806,807 ( 2 ), 808,807 ( 11 ) 809,812. It has become a burden and creating stress which is causing physical damages to my body. Also they in violation of 15 usc 1692 ( c ) a 15 usc 1692 ( b ) 2 b ( 5 ) 15 usc 1692 ( d ) 2 15 usc 1692 ( g ). This added stress creating hardship on me and my family. I was told I had no rights
Company Response:
State: NV
Zip: 89032
Submitted Via: Web
Date Sent: 2023-10-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-11
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: When I moved out of the apartment at XXXX XXXX, I was charged {$810.00} for damages that I did not do. I reached out to the property, and they made the corrections. I then received a balance sheet that reflected the correct amount of {$330.00} ( I have the proof ). Despite the correction and the paperwork showing the correct amount, the amount they keep reporting to the credit bureau is the first amount of {$810.00}. I have disputed this with them and the different credit bureaus several times, and nothing has changed. XXXX XXXX insists that I owe {$810.00} when I have proof of the contrary signed by XXXX XXXX. At this point, I want it completely removed. As the consumer, I have done all I can, and they continue to lie to me about the balance owed. I have tried to fix this so I can pay the balance, but they will not make the changes despite the proof from their office.
Company Response:
State: NC
Zip: 27615
Submitted Via: Web
Date Sent: 2023-10-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-10
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: Requested information validating accounting, original contract with signature I have not supplied proof under doctrine of estoppel by silence, Engelhardt v Gravens ( mo ) 281 SW 715,719, I presume that no proof of the alleged debt, nor therefore any such debt, in fact therefore exists. They never responded.
Company Response:
State: GA
Zip: 30080
Submitted Via: Web
Date Sent: 2023-10-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-10
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: XXXX apartments located in XXXX XXXX in XXXX, WA sent my move out statement to my old address they were updated on my new address. They did fraudulently report inaccurate credit information to national credit systems in XXXX GA to the tune of over {$3800.00}. Which was reported to the credit bureaus. This caused a major credit drop, credit denial, and eventually a very high interest rate to secure a car loan I desperately needed. I am a 1099 worker and I use my car for my employment. XXXX offered to remove the file from my credit, neither XXXX or national credit systems has to this day not removed this account from the bureaus. I also reached out via demand letter, neither have not offered any financial loss recovery and have not responded to my demand letter. I am taking them to small claims court.
Company Response:
State: NV
Zip: 89107
Submitted Via: Web
Date Sent: 2023-10-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-11
Issue: Problem with a company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: On XX/XX/2023 I recently obtained a copy of my credit report, and I discovered an inaccurate and unjust entry that has been placed by a collector. I have attempted to resolve this issue directly with the collector, but I have not received a satisfactory response. Therefore, I am seeking your assistance in rectifying this matter. The inaccurate entry on my credit report is as follows : Creditor Name : National Credit XXXX , Inc Amount Owed : {$3300.00} National Credit XXXX , Inc has failed multiple requirements under the Fair Debt Collections Practices Act and The Fair Credit Report Act and willfully violates state and federal laws including but not limited to : 15 U.S.C. 1692 ( g ), 1692 ( e ), 1692 ( j ). They do not have a legally or lawfully binding contract, agreement or obligation between them and myself. Further, their willful non-compliance caused and continues to cause me harm and damages and they are criminally and/ or civilly liable to me under 15 U.S.C . 1681 ( n ) and 15 U.S.C. 1691 ( o ) for the following : 1. Defamation 2. Negligent Enablement of Identity Fraud 3. Violation of the Fair Debt Collection Practices Act 4. Violation of the Fair Credit Reporting Act I have taken all necessary steps to resolve this matter directly with the collector, including sending a certified letter requesting validation of the debt and disputing the validity of the entry. However, despite my efforts, the inaccurate entry remains on my credit report, which is negatively affecting my credit score and my ability to secure favorable financial opportunities.
Company Response:
State: AZ
Zip: 85338
Submitted Via: Web
Date Sent: 2023-10-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-09
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: On or around XX/XX/2023 I moved out of XXXX XXXX apartment due to fear of my safety after reporting several incidents that happen while living here like someone setting my semi on fire, cars kept getting broken in and the last straw someone taking all my tires off my car leaving it on bricks. I talked to the manager they agreed to let me leave and transfer to another apartment complex out of the district when I told them I cant do that and I found my own house and gave them my move out date they then added false amounts of debt to my credit report once I moved. Which is stopping me from getting another home. When I left they apartment I left it clean with no damages.
Company Response:
State: IN
Zip: 46239
Submitted Via: Web
Date Sent: 2023-10-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A