Consumer complaint received 2021-01-06
Company: FIDELITY CAPITAL HOLDINGS, INC
State: CA
Product: Debt collection
Sub-product: Medical debt
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
I received a telephone call from XXXX XXXX at Fidelity Creditor Services in mid-XXXX of XXXX notifying me for the first time of a debt that would be going to collections. I told XXXX that I had never received any notice and was caught off guard at the request from a random person asking for my credit card information to repay a debt. She responded that a notice was sent to an address that I have not been associated with since XX/XX/XXXX ( note that in XX/XX/XXXX I also notified the post office of my change of address, so I question whether they were actually unaware that I had not received the notice ). 

In connection with my rights under Section 809 ( a ) of the Fair Debt Collection Practices Act, I asked her to provide me with notice detailing the debt before I paid it and gave her my correct home address. XXXX noted that she would update my address in her system and send a new notice, however, it never came. To my surprise, on XX/XX/XXXX, I was notified via creditkarma.com that a debt was sent to collections. I immediately called Fidelity Creditor Services to understand why this was sent to collections, despite being aware that I received no notice of this debt ; however, I only received Fidelity 's answering machine, which noted that they were out of the office for the holidays and would not return my call before XX/XX/XXXX ( so I left a message ). I received a call back from XXXX on XX/XX/XXXX, and I expressed my frustration that she was aware that I never received notice of this debt and yet this debt was sent to collections. She was not able to provide me any evidence that the letter was actually sent to my new address ( so I question whether Fidelity actually sent the notice ). XXXX noted that she could send the notice to my email address, to which I asked her to please do so ( I'm not sure why this option wasn't raised during our first call ). A day passed and I never received the noticed via email. I called the next day on XX/XX/XXXX and told her I never received the email ( turns out she incorrectly typed in my email address and received a bounce back -- why she did not call back to confirm my email address is beside me ). 

XXXX " resent '' the notice ( which was dated XX/XX/XXXX ) and I immediately paid the debt ( including interest ) to get the derogatory mark off my credit report. The only written notice I have received was the notice via email and dated XX/XX/XXXX. I've attached the notice to this compliant for reference. 

I'm writing this complaint because I believe that the practices of Fidelity Credit Services should be investigated -- I am also disputing the {$36.00} interest that they charged. Fidelity was aware that I had never received notice and collected on the debt regardless -- they should not be able to profit off their unethical practices.

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