Consumer complaint received 2017-10-29
Company: CAINE & WEINER COMPANY, INC.
State: CA
Product: Debt collection
Sub-product: Other debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was paid

Complaint:
This complaint is being filed in response to an alleged debt and repeated attempts to collect despite written dispute and requests for verification.  Caine & Weiner (C&W) are attempting to collect a debt of $XXXX that they purchased from XXXX XXXX XXXX.  The details of my XXXX transaction and verifying documents and bank records are attached.  Despite a failure to verify the debt, C&W continue to make collection attempts via phone, a violation of XXXX and Federal law and punishable by $XXXX fine for each infraction.  I disputed the debt via certified mail on XX/XX/XXXX, and my phone records (attached), indicate phone calls from C&W on XX/XX/XXXX. 

I am disputing this debt, as I have successfully done in the past through my credit union fraud protection.  I am seeking your assistance in stopping these unverified and questionable debt collection attempts and to protect my credit.  In addition, I am hoping only to hold these companies accountable and require them to credibly show that money is rightly owed.  

Background

I did business with XXXX in XXXX XXXX, and the final drop-off occurred in XXXX, XXXX.  Three payments were required, and I have included the initial XXXX estimates and a XXXX XXXX XXXX (XXXX) Bank Statement showing that all three payments were made.  These payments were $XXXX on XX/XX/XXXX, $XXXX on XX/XX/XXXX, and a final payment of $XXXX on XX/XX/XXXX.  This completed our obligation to XXXX. 
   
However, as shown in the attached bank statement and correspondence with XXXX, an additional $XXXX was erroneously charged to my account on XX/XX/XXXX.  In an email dated XX/XX/XXXX, XXXX notified me that I, along with several other clients, had been inadvertently double-charged due to a "an error in [the XXXX] credit card processing system."  Please see a copy of this email attached, promising a prompt refund.  This refund occurred on XX/XX/XXXX, as shown in the attached statement.

On XX/XX/XXXX, I received a call from XXXX stating that an outstanding balance was showing in my account.  I described the situation above and requested documentation.  She informed me that she had  none, but that she would investigate further and contact me again only if an invoice was found. No further contact was made.  

However, on XX/XX/XXXX the XX/XX/XXXX account was charged $XXXX by XXXX.  This unauthorized and unverified charge was immediately disputed.  After an investigation, XXXX Fraud Protection credited back the $XXXX and informed me that XXXX had no evidence of an outstanding balance.  

Debt Collection Attempts

OnXX/XX/XXXX, I received a letter from C&W attempting to collect the above debt.  I also received several phone calls from C&W around that time.  I disputed the debt in writing via certified mail.  A copy along with the tracking information is attached hereto.  In the letter, I requested an invoice from XXXX verifying the debt. 

Instead, I continued to receive phone calls from C&W.  Please see the attached phone records from XXXX of XXXX.  C&W phoned me attempting to collect the debt XX/XX/XXXX.  This is a violation of the Fair Debt Collection Practices Act, sec. 809(b), and is punishable by $XXXX.
  
On XX/XX/XXXX, C&W again contacted me by mail and this time included a statement from XXXXXX/XX/XXXX showing the outstanding amount.  However, this statement is not an invoice; it merely alleges the debt exists, but does not clarify its origin.  This again fails to satisfy the Fair Debt Collection Practices Act.  C&W phoned me again on XX/XX/XXXX.

Common sense and the law require that a debtor must be made aware of the details of the alleged amount.  Anything less would allow creditors to harass and wrongfully profit from consumers with no means to dispute.  Indeed, XXXX XXXX XXXX states:

"The verification provision must be interpreted to provide the consumer with notice of how and when the debt was originally incurred or other sufficient notice from which the consumer could sufficiently dispute the payment obligation.  This information does not have to be extensive.  It should provide the date and nature of the transaction that led to the debt, such as a purchase date, a missed rental payment for a specific month, a fee for a particular service provided at a specific time, or a fine for a particular offense on a certain date."  XXXX XXXX XXXX XXXX XXXX. 

On XX/XX/XXXX C&W supplied me with a mere balance statement simply alleging that the debt is owed.  This does no more to verify the debt then did the original unsubstantiated demand.  There is no invoice attached showing the details required to pay or dispute the debt.

Further, the dates and amounts displayed on the XXXX XX/XX/XXXX statement do not even remotely conform to my bank statements showing payment and refund events. XXXX could not supply statements or invoices on upon several prior demands from me and XXXX - but now we are to believe a statement has appeared, one that fails to match actual transactions shown in bank records?  I strongly question the credibility of these records.

I must be added that if it is shown that there was some error and I owe this debt, it will be paid.  However,  XXXX has continually failed to verify this debt.  Now C&W continue to attempt to collect without verification, in clear violation of XXXX and Federal law.  

Caine & Weiner can be found at: XXXX XXXX XXXX XXXX XXXX, CA XXXX Ph: XXXX 
Fax: XXXX
Email: XXXX

XXXX XXXX XXXX can be found at:

XXXX XXXX XXXX XXXX XXXX, XXXX XXXX
Ph: XXXX
XXXX

Thank you and I look forward to your response and assistance.

Company response to consumer: Closed with explanation