Consumer complaint received 2019-11-15
Company: ERC
State: CA
Product: Debt collection
Sub-product: Other debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
Please see attached for entire letter of fraud and fault by this collection company Thank You XXXX XXXX XXXX XXXX XXXX XXXX CA XXXX ERC ( XXXX ) XXXX XXXX XXXX XXXX, FL XXXX Toll Free : ( XXXX ) XXXX Tel : ( XXXX ) XXXX XX/XX/XXXX Re : Acct # XXXX To Whom It May Concern : I AM RESPONDING TO A COLLECTIONS ACCOUNT ON MY 3 CREDIT REPORTS. This letter is regarding a negative inaccurate account which you claim I owe your company {$280.00}. 

I have never entered into any payment obligation with ERC ( ENHANCED RECOVERY SYSTEMS ). The negative remark is not coming from XXXX XXXX XXXX/XXXX XXXX, but from your company. I also have no contractual obligation to ERC either. The original charge off from XXXX XXXX XXXX/XXXX XXXX, was never validated and was removed from my credit reports in XXXX as being inaccurately reported. 

HERE ARE THE INNACURATE AND FRAUDULENT CLAIMNS YOU HAVE MADE ABOUT ME TO THE 3 BUREUAS THAT I AM NOW REPORTING TO THE FTC, CFPB AND XXXX, XXXX  AND XXXX  : The date or the charge off was XXXX over 10 years ago making the original debt even if it was mine too old to report. 
This debt is too old and far past the statue of limitations in California to attempt to legally collect on. 
I have noticed you are claiming that I am in collections with you for 2 years? This is impossible as I was never mailed any info claiming this. The debt was too old even 2 years ago to have an active open collections on me I never entered into any payment, business or contractual agreement with your company You are a 3rd party debt collector, who purchased an invalid debt that was already named inaccurate by all three bureaus and previously removed from my reports. 
You have sent false, fraudulent statements to the bureaus and are back dating these claims for 2 years that is 48 months with 3-5 reporting errors I am now owed compensation for in accordance with the laws regulating companies like yours. The FTC, FCRA and FDCPA along with the CFPB are receiving copy of this. 

This is a formal notice that your erroneous claim IS now disputed. I am requesting validation, made pursuant to the Fair Debt Collection Practices Act and the Fair Credit Reporting Act, along with the corresponding local state laws. 

Please provide me with the following : 1. PROOF OF PAYMENT AGREEMENT I MADE WITH YOU ERC NOT XXXX/XXXX XXXX which I have no knowledge of anyways. I want a wet ink signature between myself and your company proving I owe YOU this or any debt you have in my name. 
2. What the money you say I owe is for? 
3. Explain and show me how you calculated what you say I owe? 
4. Provide me with copies of any papers that show I agreed to pay what you say I owe : 5. Provide a verification or copy of any judgment if applicable : 6. Identify the original creditor : 7. Prove the statute of Limitations has not expired on this account 8. Show me that you are licensed to collect in my state 9. Provide me with you license numbers and Registered Agent 10. Please note that I am requesting validation that is competent evidence bearing my signature, showing that I have ( or ever had ) some contractual obligation to pay you 11. Provide Me The names, addresses, and telephone numbers of each person who personally verified this alleged account, so that I can inquire about how they verified without providing any proof TO ME. 
12. Provide the documented proof that you ever gave me notice of the charge off per FCRA LAW 623 (  A ) ( 4 ), 13. Provide the actual charge off date and as stated you must in FCRA LAW 623 ( A ) ( 5 ) A  person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall notify the agency of the date of delinquency on the account, which shall be the month and year of the commencement of the delinquency on the account that immediately preceded the action 14. Be advised that the method of validation is hereby requested along with the procedure used to determine the accuracy and completenesss of the information is hereby requested. 

As per FTC opinion letter from Attorney General XXXX XXXX XXXX, you should be aware that a printout of a bill or itemized document does not constitute verification. 

Additionally, please provide the names, addresses, and telephone numbers of each person who personally verified this alleged account, so that I can inquire about how they verified without providing any proof, bearing my signature? 

Please also be aware that any negative mark found on my credit reports including ( XXXX, XXXX, XXXX  ) from your company or any company that you represent, for a debt that I dont owe, is a violation of the FCRA & FDCPA ; therefore, if you can not validate the debt, you must request that all credit reporting agencies delete the entry. 

Pending the outcome of my investigation of any evidence that you submit, you are instructed to take no action that could be detrimental to any of my credit reports. 

Failure to respond within 5 days of receipt of this certified letter may result in small claims legal action against your company at my local venue. 
I would be seeking a minimum of {$1000.00} in damages per violation : Defamation Negligent Enablement of Identity Fraud Violation of Fair Debt Collection Practices Act ( including but not limiting to Section 807-8 ) Violation of the Fair Credit Reporting Act ( including but not limited to Section 623-b ) Please Note : This notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status. 

My Contact Info is as follows : XXXX XXXX

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation