Date Received: 2018-07-10T00:00:00
Product: Credit card debt
Issue: False statements or representation
Consumer Consent Provided to Share Complaint: Consent provided
Consumer Complaint: Complaint filed on-line with CFPB XX/XX/XXXX I would appreciate if you can expedite this complaint because the company has filed suit against me in court.
This complaint is against XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX FL XXXX, Phone XXXX.
After falling behind in payments on my Home Depot store credit card, my account was transferred to XXXX XXXX law firm, a self-described ” debt collector, ” for collection. See XXXX XXXX PA letter, dated XX/XX/XXXX ( Atch 1 ).
I made monthly payments to XXXX from XX/XX/XXXX through XX/XX/XXXX, then I received a letter from XXXX XXXX XXXX XXXX, stating that my account had been transferred to that office. The XXXX letter stated it was from a ” debt collector ” ( Atch 2 ).
I was concerned about statements in the XXXX letter, including consideration of my past payments, and responded by letter dated XX/XX/XXXX ( Atch 3 ), expressing my concerns. Receiving no response, I followed up with letter dated XX/XX/XXXX ( Atch 4 ), sent by certified mail, asking for status on their response to my XX/XX/XXXX letter.
I received a letter from XXXX dated XX/XX/XXXX ( Atch 5 ), acknowledging my dispute but it did not respond to my concerns expressed in my XX/XX/XXXX letter, including documents to verify the amount XXXX said I owed. As ” verification ” of the amount due on my account, in their letter of XX/XX/XXXX, XXXX sent copies of old Home Depot bills from XX/XX/XXXX through XX/XX/XXXX, but no documentation of the payments ( Atch 6 – sampling of prior payments ) I had made to the previous debt collector, which I specifically requested in my XX/XX/XXXX letter. This response was a clear signal that XXXX was not giving me credit for my payments to the previous debt collector.
On XX/XX/XXXX, I sent another letter asking for response to my XX/XX/XXXX letter ( Atch 7 ). XXXX responded by letter dated XX/XX/XXXX ( Atch 8 ), again ignoring my concerns addressed in my XX/XX/XXXX letter, but simply reiterating their claim that the old Home Depot bills was verification of the debt ; still not recognizing the payments I had made to the previous collector.
Immediately thereafter, on XX/XX/XXXX, a process server delivered a fraudulent suit against me that XXXX had filed XX/XX/XXXX, with no prior warning ( Atch 9 ). Attached to the filing were the same old Home Depot bills, but no reference to the payments I made to the previous collector.
Provisions of the Fair Debt Collection Practices Act ( FDCPA ) that I believe XXXX violated : I — 806. Harassment or abuse A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt.
I believe XXXX filing the suit against me when I am clearing questioning the verification of the amount owed is harassment and abuse.
II — 807. 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.
– – – ( 2 ) The false representation of ( A ) the character, amount, or legal status of any debt ; I believe XXXX ‘s repeated claims that the old bills verify the amount they say I owe is intentional misrepresentation of the current debt.
III – ( 10 ) The use of any false representation or deceptive means to collect or attempt to collect any debt See comment under ( 2 ) ( A ) above for rationale.
IV — 808. Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt.
Filing a suit against me for this debt while I am actively trying to resolve issues, including the amount remaining on the debt, is unfair, unconscionable and violation of letter and intent of the Fair Debt Collection Practices Act.
V — 809. Validation of debts ( a ) Notice of debt ; contents – – – ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such provide the consumer with the name and address of the original creditor, if different from the current creditor.
( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor.
The details in my complaint and attachments demonstrate how XXXX violated this provision.
Company: CITIBANK, N.A.
State/Zip: FL 324XX
Company Response to Complaint: Closed with explanation
Was Company Response Timely: Yes
Did Consumer Dispute Company Response: N/A
Complaint ID: 2958670
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