Consumer complaint received 2020-04-11
Company: Phoenix Financial Services LLC
State: TX
Product: Debt collection
Sub-product: Medical debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Threatened or suggested your credit would be damaged

Complaint:
Due to XXXXXXXX I am not an XXXX XXXX  and I am not working and I have XXXX XXXX XXXX to XXXX with an additional XXXX XXXXXXXX with it. This company has acquired resold debt stating that I allegedly owe. I am trying to get this resolved and removed from all 3 of my credit reports. 

This letter is to inform you that I recently received a copy of my credit report that your company publishes and after reviewing it I found a number of items on the report that are inaccurate. The accounts in question are listed below. 

The state of Texas statute of limitations is only 4 years from the date of the last payment. This alleged debt continues to appear on my credit report as a violation of the statute of limitations. 

I request validation of this debt per Texas Finance Code Section 392.202 which requires a debt collection agency or credit bureau to provide the alleged debtor with specific information concerning their debt including but not limited to ; For the purpose of validation provides me with : The name and address of the original creditor. The original date of default or non-payment of the debt with the original creditor. The date the debt was transferred from the original creditor to the third party debt collector. The original balance. The current balance. Any fees added by your agency. Sec. 392.303 ( a ) ( 2 ). I did not sign any agreement and/or contract with this company regarding any allege debt. And this company should provide a valid recorded copy of an assignment of transfer to be able to attempt to collect on noncollectable debt after the statute of Limitations. 

XXXX XXXX XXXX information as required by Sec. 392.101 - my original signature on the application from the creditor - my original signature on an application with your office consenting to any service Please note XXXX XXXX and XXXX  are bonded in the state of Texas and are required to comply with Texas Finance Code. If a debt collector has failed to respond to your debt validation request, then they have essentially admitted, per Texas Finance Code 392.202 ( b ) ( 2 ), that the debt in question is inaccurate. Per this requirement you must delete this tradeline if you do not have sufficient time to complete an investigation to validate this debt in 30 days according to Sec. 392.202 ( d ) ( 1 ) Also per Texas Finance Code 392.202 Correction of third -party debt collectors or credit bureaus files. I request immediate notification by mail if this alleged debt is sold or transferred per Sec. 392.301 ( a ) ( 4 ). 
This company is also attempting to collect on alleged debt that has exceeded the statute of limitations in the state of Texas. 

Under the Fair Credit Reporting Act, 15 U.S.C. 1681g I have the right to demand that you disclose to me all of the documents that you have recorded and retained in your file at the time of this request concerning the accounts that you are reporting in my credit report. Please dont respond to my request by saying that these accounts have been verified. Send me copies of the documents that you have in your files that were used to verify them. 
If you do not have any documentation in your files to verify the accuracy of these disputed accounts then please delete them immediately as required under Section 611 ( a ) ( 5 ) ( A ) ( i ). 
By publishing these inaccurate and unverified items on my credit report and distributing them to 3rd parties you are damaging my reputation and credit worthiness. Under the FCRA 15 U.S.C. 1681i, all unverified accounts must be promptly deleted. Therefore, if you are unable to provide me with a copy of the verifiable proof that you have on file for each of the accounts listed below within 30 days of receipt of this letter then you must remove these accounts from my credit report. 

Please provide me with a copy of an updated company letter showing these items removed. 

I demand the following accounts be properly verified or removed immediately as these alleged debts continue to be resold by the last payment date should remain the same by Texas Finance Code 392 and the FCRA regulations. 

Name of Account : Account Number : Provide Physical Proof of Verification Phoenix Financial Services Unknown / Account Number / unverified account ( {$130.00} ) Phoenix Financial Services Unknown / Account Number / unverified account ( {$630.00} ) Phoenix Financial Services Unknown / Account Number / unverified account ( {$1300.00} ) Phoenix Financial Services Unknown / Account Number / unverified account ( {$700.00} ) This company is also attempting to collect debt that has exceeded the statute of limitations in the state of Texas. 

This company does not have my permission to call me on any cell phone I may have possessed, currently possess or will possess in the future. They need to cease and desist their threats to sue requesting that I submit a written plaintiff statement in my defense and schedule a time and location for delivery of whatever, which is a violation of collection practices to threaten to sue someone or delivery lawsuit/judgement items to their place of employment. I am seeking an attorney to discuss a class action lawsuit as I believe this is their practice and they are violating several laws includes Texas Finance Code 392.202 ( b ) ( 2 ), FCRA, FDCPA, Texas Debt Collection Act and TCPA 47 U.S. Code 227. These calls are harassment and have been going on for months, which is a violation of FDCPA. A complaint has also been filed with the Texas Attorney Generals office. I will also be filing a lawsuit in the state of Texas due to the violation of the TCPA and FDCPA. 

A HIPPA complaint has been filed as I did not authorize this company to have any of my medical information including but not limited to coding information or any specific procedures that may have been completed. This is a violation of my privacy rights. 

Please reply with your response via US MAIL. Do not contact me by phone as it is inconvenient. Do not contact my family, acquaintances, or employer in any manner. 
Please note I am fully prepared to pursue my rights for the harm this inaccuracy has done to me. Sec. 392.403. CIVIL REMEDIES. ( a ) A person may sue for : ( 1 ) injunctive relief to prevent or restrain a violation of this chapter ; and ( 2 ) actual damages sustained as a result of a violation of this chapter. Please also note Texas BCC17. I demand that you will not sell, transfer, or assign this debt per Sec. 392.301 ( a ) ( 4 ). Regards.

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