Consumer complaint received 2018-11-05
Company: BQ & Associates, P.C., L.L.O.
State: NE
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
This formal complaint is registered with the Consumer Financial Protection Bureau ( CFPB ) as a precautionary measure regarding XXXX XXXX account ending in XXXX. XXXX XXXX was informed ( in CFPB Case No : XXXX and XXXX ) on XX/XX/XXXX that consumer ( XXXX XXXX XXXX ) is XXXX-years old, head-of-household, indigent and has no attachable property of value. Consumers sole income is Social Security income ONLY. Consumers family requested an investigative process once they became aware of dunning letters regarding XXXX XXXX account ending in XXXX. The estate of consumer XXXX XXXX XXXX finds it imperative to file a formal complaint with the Consumer Financial Protection Bureau ( CFPB ) when responding to a notification letter from the law firm of Brumbaugh & Quandahl P.C. The letter was dated XX/XX/XXXX. Consumers estate is responding within the 30-day timeline referenced in the letter. A XXXX XXXX   representative ( XXXX XXXX Senior Associate, Executive Office of Customer Advocacy ) placed consumers XXXX XXXX account with the law firm of Brumbaugh & Quandahl in retaliation to receiving consumers complaints through the CFPB. Mr. XXXX actions will be dealt with accordingly due to the fact Mr. XXXX attempted to lure consumer into a conflict of interest scenario by advising consumer to contact his office as well as the law firm of Brumbaugh & Quandahl simultaneously. Mr. XXXX has no authority to advise consumer of anything. 
Consumers estate filed CFPB complaints against XXXX XXXX ( Case Nos. : XXXX and XXXX ) on XX/XX/XXXX and made known that consumers bank account was compromised and that an investigative process was in effect. Consumers estate informed XXXX XXXX that card charges were suspect and were not charges made by consumer. Consumers estate asked that XXXX XXXX implement an investigative process and respond to the complaints through the CFPB portal. In the second half of this complaint XXXX XXXX response ( dated XX/XX/XXXX ) has been added to this documentation. Consumer has chosen the Consumer Financial Protection Bureau ( CFPB ) to respond to a Brumbaugh & Quandahl notification letter ( dated XX/XX/XXXX ) as a form of evidentiary documentation in lieu of litigation. It is a known fact that the law firm of Brumbaugh & Quandahl P.C. ; engage in predatory, abusive, harassing, deceptive and unfair debt collection practices regularly. Consumer 's estate does not want to see consumer suffer these tactics implemented by the law firm of Brumbaugh & Quandahl. Please Note : XXXX XXXX vs. XXXX XXXX, XXXX and BRUMBAUGH & QUANDAHL , P.C . ; whereby a federal magistrate Judge ruled in favor of the consumer and sanctioned the law firm for unlawful garnishment of a federally protected income account after receiving formal ( written ) notification of protected funds. Garnishment of Social Security funds from a bank account after collector is on notice that the bank account ONLY contains exempt funds can be an unfair debt collection violation with extensive ramifications. Brumbaugh & Quandahl are on notice that consumers bank account contains exempt Social Security funds ( ONLY ) protected under the FDCPA. See 15 U.S.C. 1692f. Therefore, the estate of XXXX XXXX XXXX is prepared to do battle with the law firm of Brumbaugh & Quandahl, P.C. if they engage in old habits of ignoring federal ( and state ) laws regarding the Rights of Consumers under the protection of the Social Security Administration Act ( SSA ) ; Sec. 207. [ 42 U.S.C. 407 ] ( a )., the Nebraska Supreme Court ( Nebraska Revised Statute Section 25-1563.01 ) ; Nebraska Attorney Generals Office ( AG ) and the Fair Debt Collection Practices Act ( FDCPA ) .15 U.S.C. 1692 ( e ). 
The estate of consumer ( XXXX XXXX XXXX ) notified XXXX XXXX ( through the CFPB XX/XX/XXXX ) that consumer is XXXX-years old, head-of-household and has no attachable property of value. Consumers sole income is Social Security income protected under the Social Security Administration Act ( SSA ) ; Sec. 207. [ 42 U.S.C. 407 ] ( a ). Consumer has a Social Security Award letter that is proof positive verification of consumers sole protected income. The estate repeats this information because the law firm of Braumbaugh & Quandahl, P.C. ;  have been known to ignore the law and adopt their own agenda. Consumers estate made known to XXXX XXXX that consumer is a victim of another individuals misuse of the XXXX XXXX ending in XXXX. Consumer " disputes '' owing charges indicative of {$22000.00}. In XX/XX/XXXX, consumer XXXX XXXX XXXX was diagnosed with XXXX  XXXX XXXX. Consumer 's XXXX XXXX has progressively worsened in the last few years. Due to this fact, consumers credit cards were closed by consumers second eldest daughter ( XXXX ) in XX/XX/XXXX. Consumers youngest daughter ( XXXX XXXX ) has a substantial criminal history and is known to take advantage of consumer ( XXXX XXXX XXXX ) on a monetary, emotional and physical level daily. XXXX XXXX confiscated consumers XXXX XXXX, re-opened it, and designated herself an Authorized User in XX/XX/XXXX. Consumer ( XXXX XXXX XXXX ) was  XXXX XXXX of authorizing anyone as an authorized user of consumers XXXX XXXX ( or any credit card ) in XX/XX/XXXX. Consumer has XXXX XXXX XXXX which has not improved since being diagnosed with XXXX XXXX XXXX in XX/XX/XXXX. Consumers eldest daughter ( XXXX ) is presently petitioning the courts for guardian/conservator to oversee consumers financial and physical well-being after being notified of the Discover Card account. Based on XXXX XXXX admission ( in a written response to consumers CFPB complaint dated XX/XX/XXXX ) it is XXXX XXXX   responsibility to seek retribution from XXXX XXXX who knowingly compromised consumers XXXX XXXX XXXX   vulnerability and did so maliciously and intentionally. If XXXX XXXX chooses to excuse XXXX XXXX from all liability then that is XXXX XXXX loss and not the responsibility of consumer. Consumers estate will pursue this matter diligently and has reached out to the XXXX XXXX law firm in XXXX XXXX XXXX Iowa who is familiar with the antics of Brumbaugh & Quandahl law firm and equipped to litigate this matter efficiently. 

This is XXXX XXXX response to the CFPB complaint filed by consumers estate on XX/XX/XXXX : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX Re : XXXX XXXX   account ending in : XXXX Consumer Financial Protection Bureau Case Nos. : XXXX and XXXX Dear XXXX XXXX XXXX : Thank you for your recent correspondence to the Consumer Financial Protection Bureau. To ensure your concerns are handled with priority, your letter has been referred to my attention within the Executive Office of Customer Advocacy at XXXX. I regret to learn of your dissatisfaction with the correspondence you have received regarding the past due status of the above account. I have reviewed your account and would like to share the following. According to our records, XXXX XXXX was added as an Authorized User on your account on XX/XX/XXXX. As an Authorized User she had full buying privileges ; however she did not have a contractual liability and therefore she is not obligated for repayment of any balances created on the account. In an effort to notify you of the past due status of your account and offer repayment assistance, we provided you with notices regarding the status of your account. Your account charged off due to non-payment on XX/XX/XXXX. The balance on your account at time of charge off was {$22000.00}. Our records indicate, as of XX/XX/XXXX, we have taken the appropriate actions to prevent contact regarding the status of the above referenced account. Your account has been placed with Brumbaugh & Quandahl, P.C., L.L.O. for further collection efforts on our behalf. Please contact Brumbaugh & Quandahl, P.C., L.L.O. to discuss repayment arrangements on your account. They can be reached at ( XXXX ) XXXX. Thank you for allowing me to be of assistance, should you have any additional questions, please feel free to contact me at ( XXXX ) XXXX. I am typically available Monday-Friday, XXXX XXXX XXXX, ET. Sincerely, XXXX XXXX Senior Associate, Executive Office of Customer Advocacy This is an attempt to collect a debt ; any information obtained may be used for this purpose. CC : Consumer Financial Protection Bureau Furthermore, consumers sole income is Social Security income and protected under compilation of the Social Security Laws Section 207 [ 42 U.S.C. 407 ] ( a ) it states : the right of any person to any future payment under this title shall NOT be transferable or assignable, at law or in equity, and none of the monies paid or payable or rights existing under this title shall be subject to execution, levy, attachment, garnishment, or other legal process, or the operation of any bankruptcy or insolvency law., whether consumer gives permission or not consumer does not have the authority to authorize garnishment of a federally protected account. Under Nebraska Revised Statute Section 25-1563.01. ; the same  Supreme Court ruling applies in this matter. Consumers protected income presents a genuine issue of material fact that if a summary judgment is granted ( after receipt of this CFPB notification ) it shall be construed as a deceptive, frivolous, abusive and harassing process. Consumer is impoverished and refuses to be a victim of unjust enrichment and extortive tactics routinely inflicted by the law firm of Brumbaugh & Quandahl, P.C. Consumer has no fiduciary or contractual obligation to a 'third party ' debt collector because there is no exchange of any benefit or detriment with ANY future collection agencies or collection law firms. There will be no enforceable agreement. No payment history, nor products, or services has been rendered to such entities because these elements do not exist ; there is a 'failure of consideration ' and no valid agreement, contract or fiduciary obligation under federal law that requires payment to such parties. Furthermore, a federal lawsuit will commence if consumers Social Security income is tampered with after receipt of this formal notice presented in the realms of the Consumer Financial Protection Bureau ( CFPB ). Consumer 's estate does not wish to enter into a dialog with the law firm of Brumbaugh & Quandahl, P.C. as they have heard horror stories regarding interaction with this dreadful law firm. Consumer 's estate wishes all communication with the law firm of Brumbaugh & Quandahl remain within the confines of the CFPB portal. Consumer 's estate  wishes to thank the Consumer Financial Protection Bureau ( CFPB ) for  its mediation and documentation portal as well as all you do to protect the general public from unethical debt collectors. Thank you.

Company response to consumer: Closed with explanation