Consumer complaint received 2023-10-06
Company: MOHELA
State: DE
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
To Whom It XXXX Concern : This letter is being sent to you in response to notices sent to me from your company and more importantly, due to your erroneous reporting to the Credit Bureaus, the highly negative impact on my personal credit report. Please be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( b ) that your claim is disputed and validation is requested.

This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above-named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you regarding the following account Mohela /Dept of Education Please provide me with : 1. What the money you say I owe is for.

2. A detailed explanation of how you calculated what you say I owe.

3. Copies of any and all papers that prove I agreed to pay what you say I owe.

4. A verification or copy of any judgment, if applicable.

5. The identity, name, and address of the original creditor.

6. Proof that the Statute of Limitations has not expired on this account.

7. Proof that you are licensed to collect in my state.

8. Your license numbers and Registered Agent or Agent of Service. 

At this time, I will also inform you that if your offices have reported invalidated information to any of the XXXX major Credit Bureaus ( XXXX, XXXX or XXXX ) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent, I will not hesitate to bring legal action against you for the following : 1. Violation of the Fair Credit Reporting Act 2. Violation of the Fair Debt Collection Practices Act 3. Defamation of Character If your offices can provide proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist. 

Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes listing any information with a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate, when in fact there is no provided proof that it is accurate. 

If your company fails to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit report and a copy of such deletion ( to any/all of the XXXX major credit reporting bureaus : XXXX, XXXX and XXXX ) request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your company to my home or my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS. 

It would be advisable that you assure your records are in order before I am forced to take legal action against your company and your client. This is an attempt to correct your records, any information obtained shall be used for that purpose. 

Best Regards, XXXX XXXX XXXX

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation