Consumer complaint received 2023-09-05
Company: Debt Co LLC
State: TX
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a company's investigation into an existing problem
Sub-issue: Problem with personal statement of dispute

Complaint:
VIOLATION of BREACH OF CONTRACT and FALSE AND INACCURRATE REPORTING TO CREDIT BREAU They are in violation of the contract dated XX/XX/2021 named TEXAS XXXX XXXX XXXX  XXXX XXXX XXXX. Specifically, you have violated the following of the contract : The statute of limitations for breach of contract in Texas is XXXX years from the date of the breach. 
To Debt Co LLC, current contract holder and As stated and in compliance with the Texas XXXX XXXX  XXXX XXXX XXXX XXXX and INSURANCE CODE TITLE 13. REGULATION OF PROFESSIONALS SUBTITLE C. ADJUSTERS CHAPTER 4102. PUBLIC INSURANCE ADJUSTERS SUBCHAPTER A. GENERAL PROVISIONS Sec. 4102.102. COMPLIANCE WITH INSURANCE CONTRACT. A license holder shall prepare each claim for an insured represented by the license holder in accordance with the terms and conditions of the contract of insurance under which recovery is sought. 
( a ) XXXX XXXX XXXX failed to provide reports to the insurance company in a timely manner. 
( b ) XXXX XXXX XXXX failed to re-open the claim dated XX/XX/2021 and did not have any part in getting the claim re-opened. 
Per XXXX XXXX : XX/XX/2021 Loss Date : XX/XX/2021 In order for payment to be issued for the damages, the amount of the loss must exceed the amount of your deductible. Since the amount of estimated damages is less than your deductible, no payments can be issued at this time and we are closing our claim file. This determination was based on the estimate you submitted for our review or one we created on your behalf. If we prepared the estimate, it has been included with this correspondence. 
THIS ACCOUNT WAS CLOSED BY XXXX ON XX/XX/2021 ( c ) On XX/XX/2021 via email from XXXX XXXX XXXX ; " I am emailing you today to inform you that we at XXXX XXXX XXXX XXXX have exhausted all options available to us to negotiate a fair settlement of your claim. At this time, we recommend that you talk to a first party property attorney about the details of pursing litigation for your claim ; XXXX XXXX XXXX XXXX have exhausted all options available to us to negotiate a fair settlement of your claim. '' I RECEIVED A EMAIL STATING THEY EXHAUSETED ALL OF THEIR OPTIONS ON XX/XX/2021 ( f ) On the Contract ; Stated per XXXX XXXX XXXX XXXX ; " Mess will bill you accordingly for services rendered '' Upon repeated request, there was no outline of services rendered provided to XXXX XXXX. 

To Debt Co LLC, current contract holder and As stated and in compliance with the Texas XXXX  XXXX XXXX XXXX XXXX XXXX and the INSURANCE CODE TITLE 13. REGULATION OF PROFESSIONALS SUBTITLE C. ADJUSTERS CHAPTER 4102. PUBLIC INSURANCE ADJUSTERS SUBCHAPTER A. GENERAL PROVISIONS Sec. 4102.104. COMMISSIONS. 
XXXX XXXX XXXX DID NOT RE-OPEN the case. Another professional had to be hired. 
XXXX XXXX XXXX was paid {$720.00} out of a GOOD FAITH PAYMENT ; I stll payed them even though nothing they did helped my insurance claim. I HAD TO HIRE SOMEONE ELSE. 
( g ) XXXX XXXX XXXX requested payment on services not rendered and work not completed by them after stating " they have exhausted all options available. '' ( h ) Mess will bill you accordingly for services rendered. XXXX XXXX XXXX did not provide repeated request for documentation for services rendered to XXXX XXXX. 
To Debt Co LLC, current contract holder and As stated and in compliance with the Texas XXXX  XXXX XXXX XXXX XXXX XXXX and the INSURANCE CODE TITLE 13. REGULATION OF PROFESSIONALS SUBTITLE C. ADJUSTERS CHAPTER 4102. PUBLIC INSURANCE ADJUSTERS SUBCHAPTER A. GENERAL PROVISIONS Sec. 4102.110. RECORD MAINTENANCE. 
I, XXXX XXXX emailed XXXX XXXX XXXX XXXX XXXX XXXX XXXX from the insurance company to XXXX XXXX XXXX, an outline of services rendered in accordance with the Texas Insurance XXXX XXXX ; Upon repeated request this documentation was not provided to XXXX XXXX ( XXXX ) Asked for them to provide documentation of correspondence between XXXX XXXX XXXX and the insurance company during the entire claims process ; Upon repeated request this documentation was not provided to XXXX XXXX ( XXXX ) As stated in the contract, XXXX XXXX XXXX keep the insurance company apprised regarding the status of the construction and repairs performed on The Property and communicated to the insurance company regarding who the contractor ( XXXX ) was and what the status was on the work being performed to The Property. Upon repeated request this documentation was not provided to XXXX XXXX. 

I have made the following attempt to resolve the issue : Terms of the contracted that state : XXXX. ALLOW XXXX XXXX  XXXX XXXX  TO DEPOSIT THE INSURANCE CHECK, REMOVE ONLY OUR 10 % FEE, AND ISSUE YOU THE REMAINING INSURANCE FUNDS. IF YOU AGREE TO THIS YOU MUST READ, UNDERSTAND, AND SIGN OUR AUTHORIZATION TO DEPOSIT CHECKS FORM This portion of the contract was honored by XXXX XXXX. Even after receiving payment, XXXX XXXX XXXX XXXX did not provide the requested information as stated above of evidence of services rendered as outlined in the contract. I, XXXX XXXX, has requested, by email, for documentation of services rendered by XXXX XXXX XXXX as stated in their contract. XXXX XXXX XXXX has never provided the requested documentation, as per their service contract. 
This was a contract for Debt Co LLC, current contract holder and XXXX XXXX XXXX to provide and render service to a client, XXXX XXXX, in accordance with Texas XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX. A breach of contract claim is a civil action in Texas. The court clarifies the XXXX required elements of a breach of contract claim : existence of a valid contract ; plaintiff performed or tendered performance ; defendant breached the contract ( did not perform his or her agreement in the contract ) ; Accept payments already received for services rendered. All parties must abide and adhere to the contract. 
XXXX XXXX XXXX XXXX has charged off/sold this paid account to Debt Co LLC XXXX knowingly of them not providing the requested documentation and not providing services or satisfying terms outlined in their own contract. Both parties are to adhere to the contract. XXXX XXXX XXXX XXXX did not follow all the right procedures and provided all the necessary information and documentation to get paid. in th did not satisfy its own terms of the contract. Debt Co LLC, current contract holder and XXXX XXXX XXXX XXXX is seeking payment from services not rendered as outline in this notice. a past due amount on a service contract but has not provided any documentation of said services. Under the common laws of all states, there are case law supporting affirmative defenses that a consumer if he or she can demonstrate that he or she did not receive services that they are being charged for do not have to pay for them. A breach of contract claim is a civil action in Texas. The court clarifies the XXXX required elements of a breach of contract claim : existence of a valid contract ; plaintiff performed or tendered performance ; defendant breached the contract ( did not perform his or her agreement in the contract ) ; You have a legal obligation to maintain and preserve any and all documents, materials, and information, in any form whatsoever, that may be potentially relevant to the subject matter, or discoverable in any potential action arising from, this breach. 

This is a breach of contract and services need to be proven. My next steps is to sue for the maximum allowed amount for each violation and damages. I have kept all records, including text messages, security video footage and recordings.

Company response to consumer: Closed with explanation