Consumer complaint received 2023-11-26
Company: National Credit Systems,Inc.
State: GA
Product: Debt collection
Sub-product: Rental debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
Dear Consumer Financial Protection Bureau Consumer Complaint Division, I am submitting a formal complaint against the National Credit System, outlining their alarming failure to validate a debt within the mandated timeframe and their deliberate dissemination of inaccurate, inconsistent, incomplete, and unverifiable information to credit reporting agencies ( CRA ). This has not only resulted in a detrimental drop of over XXXX points in my credit score but also raises serious concerns about the National Credit System 's engagement in deceptive practices and potential fraud. 
The Fair Credit Reporting Act ( FCRA ) is explicit in its requirements for debt collectors to adhere to specific actions before furnishing information about a consumer 's debt to a credit reporting agency. It is evident that the National Credit System 's actions not only violate the FCRA but also constitute a clear violation of the Fair Debt Collection Practices Act ( FDCPA ) and the Dodd-Frank Act by engaging in unfair, deceptive, or abusive debt collection practices. 
The National Credit Systems reporting of data to CRAs lacks proper documentation, a blatant disregard for the FDCPA and FCRA. Their failure to produce valid documentation supporting the alleged debt, coupled with multiple inconsistent changes in the reported information, suggests a deliberate attempt to deceive and defraud. 
The reported final bill associated with the alleged debt has undergone XXXX changes since XX/XX/XXXX ( e.g., {$15000.00} to {$14000.00} to {$15000.00} back to {$14000.00}, etc. ). In accordance with my rights under the FDCPA, I requested proof of the debt from the National Credit System, specifically all XXXX final billing statements from XX/XX/XXXX to XX/XX/XXXX, covering the entire length of the alleged lease. Please take a moment to review the enclosed copy of XXXX of the final billing statements, which astonishingly only provide XXXX months of billing history. Shockingly, they were unable to produce these crucial documents, suggesting intentional misconduct to defraud me. 
Additionally, my request for a comprehensive explanation of the frequent changes in the balance during that period and access to the terms of the lease agreement to understand the basis for charges and any circumstances leading to adjustments in the balance went unanswered. The National Credit System 's intentional non-compliance with these requests not only questions the accuracy but also the legitimacy of the reported debt. 
Additionally, the National Credit System has failed to comply with the FDCPA, as outlined in 12 CFR 1006.34 ( c ), by not providing the required information regarding the alleged debt : Debt Collector Communication Disclosure ( 12 CFR 1006.34 ( c ) ( 1 ) ) : Provide the disclosure required by 12 CFR 1006.34 ( c ) ( 1 ) pertaining to debt collector communications.

Information About the Debt ( 12 CFR 1006.34 ( c ) ( 2 ) ) : Furnish detailed information about the debt as mandated by 12 CFR 1006.34 ( c ) ( 2 ). This includes a comprehensive breakdown of the alleged debt, including all relevant dates, amounts, and the original creditor 's details.

Consumer Protections Information ( 12 CFR 1006.34 ( c ) ( 3 ) ) : Include the information about consumer protections as outlined in 12 CFR 1006.34 ( c ) ( 3 ). This disclosure should encompass any rights and protections afforded to consumers under applicable laws. 


Consumer-Response Information ( 12 CFR 1006.34 ( c ) ( 4 ) ) : Provide the consumer-response information required by 12 CFR 1006.34 ( c ) ( 4 ). This includes details on how I may respond to the validation information provided and address any discrepancies.

I bring to your attention the doctrine of estoppel by silence, established in Engelhardt v. Gravens ( Mo ) 281 SW 715, 719. The National Credit System 's failure to fulfill my request for proof within the stipulated time frame may reasonably be interpreted as an indication that no evidence of the alleged debt exists. This raises grave concerns about their deceptive practices and potential fraudulent conduct.

I implore the Consumer Financial Protection Bureau to conduct a swift and thorough investigation into the National Credit System 's deceptive practices, address the inaccuracies in reporting, and take immediate and decisive action to prevent further harm to consumers. Additionally, I urge that the National Credit System be held accountable for its deliberate non-compliance with FDCPA and FCRA regulations.

Thank you for your urgent attention to this matter. I trust that the Consumer Financial Protection Bureau will conduct a comprehensive evaluation and ensure a just resolution that upholds consumer rights and safeguards against deceptive practices and fraud.

Company response to consumer: Closed with explanation