Consumer complaint received 2023-10-05
Company: Mercedes Benz Financial Services
State: IN
Product: Debt collection
Sub-product: Auto debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Threatened or suggested your credit would be damaged

Complaint:
I noticed an account on my credit reports from a company called MERCEDES-BENZ FINANCIAL that I never had any business relationship with. MERCEDES-BENZ FINANCIAL was attempting to collect on a an alleged debt in the amount of {$26000.00}. I have had my identity stolen and sent MERCEDES-BENZ FINANCIAL a letter via certified mail XX/XX/ notifying them about this fraudulent account including a copy of my Identity Theft report asking them to please delete the fraudulent account from my credit reports. I also disputed this fraudulent MERCEDES-BENZ FINANCIAL account with the credit bureaus. MERCEDES-BENZ FINANCIAL however continued reporting this fraudulent MERCEDES-BENZ FINANCIAL account with the credit bureaus. XX/XX/XXXX  I noticed MERCEDES-BENZ FINANCIAL still reporting this fraudulent MERCEDES-BENZ FINANCIAL account with the credit bureaus. I then sent MERCEDES-BENZ FINANCIAL a DEBT VALIDATION LETTER via certified mail XX/XX/XXXX  requesting the agreement between MERCEDES-BENZ FINANCIAL and myself and the original application for the account. MERCEDES-BENZ FINANCIAL violated the FCRA 15 U.S.C. 1681g ( d ) by failing to provide the evidence requested after being notified about the identity theft. FCRA 15 U.S.C. 1681g ( e ) states .... a business entity that has provided credit to, provided for consideration products, goods, or services to, accepted payment from, or otherwise entered into a commercial transaction for consideration with, a person who has allegedly made unauthorized use of the means of identification of the victim, shall provide a copy of application and business transaction records in the control of the business entity, Pursuant to the FDCPA 15 U.S.C. 1692g ( b ) MERCEDES-BENZ FINANCIAL was required to cease collection efforts until the alleged debt was validated but failed to do so. MERCEDES-BENZ FINANCIAL continued reporting the alleged debt to the credit bureaus in its attempts to collect on the alleged debt thereby violating the FDCPA 15 U.S.C. 1692g ( b ). I saw the fraudulent MERCEDES-BENZ FINANCIAL account XX/XX/XXXX  on my credit reports. I then sent MERCEDES-BENZ FINANCIAL a FAILURE TO RESPOND letter via certified mail XX/XX/XXXX XXXX XXXX MERCEDES-BENZ FINANCIAL violated the FDCPA 15 U.S.C. 1692e ( 2 ) In its attempt to collect on an alleged debt by falsely representing the character, amount, or legal status of any debt. MERCEDES-BENZ FINANCIAL violated the FDCPA 15 U.S.C. 1692f In their attempts to collect on the alleged debt by collecting an amount that was not expressly authorized by an agreement creating the debt or permitted by law. MERCEDES-BENZ FINANCIAL violated the FDCPA 15 U.S.C. 1692g ( b ) by not ceasing collection efforts until the debt was validated. Case law is well settled that reporting an alleged debt to the credit reporting agencies is " an attempt to collect on a debt ''. Pursuant to the FDCPA 15 U.S.C. 1692g ( b ) MERCEDES-BENZ FINANCIAL was required to cease collection efforts until the alleged debt was validated but failed to do so. MERCEDES-BENZ FINANCIAL continued reporting the alleged debt to the credit bureaus in its attempts to collect on the alleged debt thereby violating the FDCPA 15 U.S.C. 1692g ( b ). Additionally, MERCEDES-BENZ FINANCIAL FAILED TO RESPOND to the DEBT VALIDATION LETTER within 30 days causing me to send a FAILURE TO RESPOND letter via certified mail XXXX XXXX, XXXX. MERCEDES-BENZ FINANCIAL violated the FCRA 15 U.S.C. 1681i by not validating the alleged debt within 30 days. I saw the fraudulent MERCEDES-BENZ FINANCIAL account XX/XX/XXXX  on my credit reports and it is still there as of this filing.

Company response to consumer: Closed with explanation