Consumer complaint received 2023-02-08
Company: ECMC GROUP, INC.
State: GA
Product: Debt collection
Sub-product: Federal student loan debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
Document Date : XX/XX/2023, Collector : XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX Re : Account : XXXX ACCT # XXXX To Whom It May Concern, This letter is being sent to you in response to notices sent to me from your company. Please be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( b ) that your claim is disputed and validation is requested.

This is NOT a request for verification '' or proof of my mailing address, but a request for VALIDATION made pursuant to the above-named Title and Section. Now, I respectfully request that your office ( s ) provide me with competent evidence that I have any legal obligation to pay you. 

Please provide me with the following : XXXX ) Please validate a debt as allowed to the debtor under 15 USC 1692 ( g ) Section 809 ( b ) ; XXXX ) Please provide a valid basis for the debt, such as the original contract/agreement, the promissory note between Consumer and original creditor, bearing Consumer wet-ink signature ; XXXX ) Please provide proof when the original creditor claims this debt became due and when it became delinquent ; XXXX ) Please provide a valid basis for the debt, such as the original contract/agreement, the promissory note between Consumer and Collector, bearing Consumer wet-ink signature ; XXXX ) Please provide a copy of the last billing statement sent to Consumer by the original creditor ; XXXX ) Please provide late payment notice and/or account closing notice provided by the original creditor ; XXXX ) Please provide me a verified ( sworn to by Affidavit ) copy of the contract your firm has with the original creditor authorizing your firm to engage in collection activities on their behalf against the above-alleged account ; XXXX ) Please provide me a verified certificate of authority, and/or proof that your company are licensed to collect in my State ; XXXX ) Please provide general ledger statement showing the full accounting of the alleged obligation you are attempting to collect, accompanied by a commercial affidavit by the original custodian of the books and records ; XXXX ) Please provide the account and general ledger statement showing the full accounting of alleged obligation that you are now attempting to collect. Such as XXXX XXXX balance sheet ( XXXX # XXXX XXXX, XXXX, XXXX ), XXXX XXXX report, XXXX registration statement, XXXX prospectus, RC-S, and RC-B call schedules ; XXXX ) Please provide verification and/or copy of any judgment if applicable ; XXXX ) Please provide proof of any interest, fees or other charges expressly authorized by the agreement; XXXX ) Please provide a certified copy of all Public Hazard Bond ( s ) and Liability Insurance Policy ( s ) and accounting demonstrating the financial capability of Collector ; XXXX ) Please provide proof that the alleged debt has not already been satisfied by any means available including but not limited to, a Tax write-off, an Insurance Claim or selling the purported debt to third party debt collector ; XXXX ) Please provide a Statute of Limitations expressly authorized by the agreement; XXXX ) Finally, please provide an affidavit signed under Penalty of Perjury that Collector or any agent ( s ) acting on their behalf has not violated any portion of the Fair Debt Collection Practice Act. 

At this time, I also inform you that reporting invalidated information to major credit bureaus ( XXXX, XXXX, XXXX or any third party ) might constitute defamation of character, as the negative marks on my credit report harm my credit and prevent me from enjoying all the benefits of good credit. Also, this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent, I will not hesitate to bring legal action against you for the following : Violation of the Fair Credit Reporting Act ; Violation of the Fair Debt Collection Practices Act ; Violation of the Consumer Collection Practices Act in my State ; Defamation of Character. 

If your offices can provide proper documentation as requested in the following Declaration, I will require at least XXXX  days to investigate this information and during such time all collection activity must cease and desist. 

Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for the suit. This includes listing any information with a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate, when in fact there is no provided proof that it is accurate. 

If your company fails to respond to this validation request within XXXX  days from the date of your receipt, all references to this account must be deleted and completely removed from your firm records and my credit report if reported and a copy of such deletion ( to any/all of the major credit reporting bureaus : XXXX, XXXX, XXXX or third party ) request shall be sent to me immediately. 

I would also like to request, in writing, that no telephone contact be made by your company to my home or my place of employment. If your offices attempt telephone communication with me, including but not limited to computer-generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by XXXX XXXX XXXX XXXX. 
It would be advisable that you assure your records are in order before I am forced to take legal action against your company. This is an attempt to correct your records, any information obtained shall be used for that purpose. 

I am waiting for your immediate action to my requests. 

Best Regards, XXXX XXXX To : U.S. Securities and Exchange Commission Office of Investor Education and Advocacy XXXX XXXX XXXX XXXX. 
XXXX XXXX XXXX XXXXXXXX XXXX Tracking # To : XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX Tracking # To : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX Tracking # To : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX Tracking # To : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX Tracking # To : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Tracking # To : XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX Tracking #

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation