Consumer complaint received 2017-05-17
Company: ONEMAIN FINANCIAL HOLDINGS, LLC.
State: TX
Product: Debt collection
Sub-product: Other debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
Complaint against : One Main Financial & Debt CollectorXXXX XXXX, Attorney At Law, XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX TX XXXX ( XXXX ) XXXX XXXX, XXXX, XXXX, XXXX XXXX XXXX XXXX On XX/XX/XXXX, I noticed an error on my XXXX credit report. An erroneous bad debt was noted for One Main Financial for approximately {$8000.00}. I immediately submitted an online dispute of the charge and it was subsequently removed. I received no other notification at that point. XX/XX/XXXX I received a letter from XXXX XXXX XXXX, XXXX Debt relief attorneys offering their services for a " Register of Actions '' filed with the XXXX County, Texas Court with Judicial Officer XXXX XXXX. The " copy '' of the Register of  Action referred to case no. XXXX. It stated it was Plaintiff 's Original Petition for Discovery and stated that I was cited, but unserved on XX/XX/XXXX. No additional information regarding my account was in this copy of the " action. '' The plaintiff attorney was listed as XXXX XXXX at the address above. Suspicious of the advertisement for XXXX 's services, but alarmed, I contacted the Plaintiff attorney listed as XXXX XXXX at ( XXXX ) XXXX. I provided the Case number on the document I received and was told no one could locate my information and I needed a " file number. '' I told them I had no file number, but that it was regarding a One Main Financial account. I made multiple attempts to reach a different person at their organization that could help me, to no avail. I provided my name and all other pertinent information. I SPECIFICALLY ASKED MULTIPLE TIMES FOR PROOF OF MY DEBT AND/OR A COPY OF THE LOAN AGREEMENT I SUPPOSEDLY SIGNED. They said they had no file for me. I thought it very suspicious that they were suing me, but could n't locate any information about me. I then called One Main Financial multiple times over the course of several days. I had an account in the past with them that was assumed by my former spouse as a part of our divorce settlement. My ex-wife had said that the account was paid off. I provided all of this information to the One Main Financial representative. She did find an account under my name, but said that they no longer had it and provided me the toll free number for the XXXX attorney. I asked her for a copy of the loan agreement for the loan with their company or a file number associated with my account. She said she could n't help me and to call the attorney. Alas, she could provide me no details about the account at all and simply referred me to the attorney. I contacted the attorney again who asked for my file number and said they could n't help me without it. At this point I assumed that this was not a valid attempt to collect a debt and that it must be a clerical issue. I based this on the fact that the disputed record was removed from my credit report with XXXX and neither One Main Financial or the collection attorney could provide me with any information or even show they had a record of my account. XX/XX/XXXX : At XXXX XXXX. a gentleman with no official identification or apparent association with any law enforcement or legal agency came to my home and " served '' me with a citation regarding Cause No. XXXX XXXX One Main Financial Group, LLC Vs. my name. The man represented himself only as a courier and none of the documentation I received identified him. The document had a handwritten date written and crossed out and then that date written in. The citation gave notice of a lawsuit filed with XXXX XXXX , County Clerk,  XXXX, TX. XXXX XXXX XXXX XXXX XXXX. The notice lacked the official stamped seal and did n't look official and was not served to me in the manner expected of a legal notice. It stated that I have 20 days to respond to the discovery request on the front page, but says 50 days inside. Also, it states that exhibit A is a copy of a loan agreement. I was not provided with a copy of this document and, furthermore, I have requested it multiple times and was told it could n't be provided. I am aware of my rights to receive proof of this debt. Facts : I obtained a loan from One Main Financial approximately 8 years ago. My account was open at  the time of my divorce on XX/XX/XXXX.  In my decree, my ex-wife assumed responsibility for the account balance of {$2500.00}. She also assumed rights to our home that was currently financed and deeded in my name only. She was given 12 months to get the home in her name. She was provided a limited power of attorney to conduct business necessary to get the home in her name. I was told that the One Main Financial account had been paid. The home ownership transfer was completed in XX/XX/XXXX. She stated to me that she had to take out a loan to buy new carpet for the house. She did n't provide any details or information. I made no assumption that this would have been in my name as our divorce was final and she had assumed all rights and responsibilities associated with our home. I think the personal loan we had through One Main Financial may have had a lien associated with our home, but this was all left to her responsibility. The limited power of attorney she had was limited to use for transfer of the home. It would not have included extending or acquiring any debts in my name. I share this information because I have reason to believe that the account in question may have fraudulently been extended without my knowledge, authorization or signature. My ex-wife has dismissed any requests I have made for information. In the information provided to the court by One Main Financial, it states that I entered into a contract with them on XX/XX/XXXX for a credit. They have been unable to provide an account number for this loan. They state that a payment was made on XX/XX/XXXX and then defaulted. They also state that the account was closed unpaid on XX/XX/XXXX. I have not received any correspondence from the creditor or collector until the XX/XX/XXXX solicitation from XXXX mentioned above. I am not responsible for this debt. This debt collector ( XXXX, XXXX, XXXX, XXXX XXXX XXXX XXXX ) is using threatening tactics to attempt to extort money from me without providing any proof that it belongs to me. They have not been able to provide any information whatsoever regarding this debt. Either it is a bookkeeping error on the creditor 's part or the debt was incurred fraudulently in my name by the loan originator and/or my ex spouse. She has not been willing to share any information to assist me in clearing up this issue. She simply states that it was paid. I would like to dispute this debt. I am filing a complaint with the XXXX XXXX Police Dept in XXXX XXXX  TX against the loan originator and my former spouse alleging identity theft and fraud. I believe the limited power of attorney could have been used beyond its authorization and her signature on my behalf would be void, the loan originator and my ex spouse colluded in defrauding One Main Financial, or the loan has been paid and the basis for collection is false. The dates associated with the loan provided to the County Court seem to align with the dates of the transfer of my home to my former spouse. This does raise my suspicion as to the circumstances. It could be construed that the amounts would seem to align with the payment of the previous balance assumed by her in our divorce decree with an extension and additional loan to cover the cost of the flooring required by the lender for her to get the loan for the house in her name. The dates of this contract are 12 months after our divorce was final. 
I would like to receive proof of the debt : 1. Specifically a copy of my signature on the loan agreement dated XX/XX/XXXX. I absolutely was not a party to this contract and any signature was made fraudulently via outright forgery or was made outside the parameters of the authority of an authorizations made to my former spouse. At this point I am really just conjecturing as to all of this because One Main Financial and the attorney have not been able to provide me any information of any kind including account numbers or even the information provided in the legal notice. The very people they say to call ca n't even find my information. 2. I would like to receive proof that the funds were ever distributed. I did not receive the proceeds of the loan in question. The loan originator should be able to determine to whom they were released and ascertain that they were not provided to me or anyone on my behalf. I appreciate your assistance in clearing up this issue. I intend to provide a copy of this complaint to the XXXX XXXX Police Department alleging fraud, to the FTC for potential identity theft, will copy the Attorney and One Main Financial, and all of this will be provided to the XXXX County, TX County Clerk. I will also be notifying all XXXX major credit reporting agencies of this error and potential identity theft and fraud.

Company response to consumer: Closed with explanation