Consumer complaint received 2019-03-18
Company: Riverwalk Financial Corporation
State: IL
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Investigation took more than 30 days

Complaint:
Please see the below notice sent to the collection agency. I originally asked for validation of this debt XX/XX/XXXX and they sent back documents pertaining to a " verification '' they did- which is not what I asked for. Validation was requested. The documents they sent back were inconsistent and did not provide me with a payment history, reporting dates, if they were even allowed to collect on alleged debt, were inconsistent ( 2 different cars listed ), did not provide any notices ( original copies ), and do not look to have been sent in a timely fashion originally. 

To Whom It May Concern, I am writing to request that the previously requested debt validation documents ( original copies ) and information be sent along with the previously sent debt validation questionnaire. I have previously asked that the alleged debt be validated, not verified. Under the laws of the FDCPA. I have contacted the collection agency myself via USPS and have been unable to get them to verify that this is indeed my debt. 
Enclosed are copies of my original request ( s ) to XXXX XXXX XXXX, asking them to validate the alleged debt ( s ). I have been given no evidence of my obligation to pay this debt to this collection agency. 
The FCRA requires you to validate the validity of the alleged debt within 30 days, and this has not been done. If the debt can not be validated or verified, you are obligated by law to remove the item from my credit report and to immediately stop reporting this information to any of the credit bureaus or any outside agencies. There is a clear case of unverified, invalidated debt here, and I am asking that you remove this item before I am forced to take legal action. 
In the event that you can not validate the item pursuant to the FCRA within 10 days, and you continue to list the disputed item on my credit report I will sue you for actual damages and declaratory relief under the FCRA. According to this regulation, I may sue you in any qualified state or federal court, including small claims court in my area. 
While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FCRA. 
Please also note that according to the letter and attachment received by XXXX XXXX XXXX XXXX Department, the validated information provided is inconsistent. The retail installment contract, and the Dealer Track agreement do not match the original alleged creditor, XXXX XXXX, Explanation of Calculation of Surplus or Deficiency. While one document notates a XXXX XXXX, another is in regards to a XXXX XXXX. Under such circumstances I would argue that no alleged debt would be owed due to inconsistent alleged debt information. 

As a reminder, I am still missing validation for the following : Completed Debt Validation Questionnaire originally sent XX/XX/XXXX o Return receipt ( copy ) enclosed Answer : If this debt was assigned to a debt collector or purchased o Amount paid, in full, if debt was purchased Commission for debt collector if collection efforts are successful Attached copy of agreement that original alleged creditor has with XXXX XXXX XXXX that grants them the authority to collect on alleged debt Attached copy of signed agreement debtor has made with debt collector or other verifiable proof debtor has a contractual obligation to pay debt collector Breakdown costs of any and all attorney fees Attached copies of all statements while this account was open o Pursuant to XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) - alleged collector is to provide, at the very least, a full payment history ( original receipt of funds received by alleged original creditor and original reporting date to CRA by alleged original creditor/collection agency for all payments ) and an explanation of how additional fees were calculated Answer : Have any insurance claims been made by any creditor regarding this account? 
Answer : Have any judgements been obtained by any creditor regarding this account? 
Name and address of bonding agent for XXXX XXXX XXXX in case legal action becomes necessary Authorized signature for Creditor ( please sign on the questionnaire as previously requested ) ORIGINAL proof ( copy ) of Notice of Reinstatement/Opportunity to Cure and date it was sent as well as any applicable return receipts ( for tracking # purposes ) ORIGINAL proof ( copy ) of Notice of Sale and date it was sent as well as any applicable return receipts ( for tracking # purposes ) ORIGINAL proof ( copy ) Notice of Deficiency and date it was sent as well as any applicable return receipts ( for tracking # purposes ) o Per the Explanation of Calculation of Surplus or Deficiency that was sent to me by your offices a vehicle was disposed of on XX/XX/XXXX, however the letter is dated for XX/XX/XXXX substantially more than the allotted 10 days legally allowed or even 10 business days for that matter, legally allowed. I will give your offices an opportunity to clear this up by providing a copy of the original return receipt in accordance with the original letter and copy of the Deficiency Notice. 
Payment History and reporting dates, to reiterate Provide XXXX XXXX XXXX method of verification in full for this alleged debt including names of those who verified alleged debt

Company response to consumer: Closed with explanation