Consumer complaint received 2018-09-24
Company: Monterey Financial Services LLC
State: MA
Product: Debt collection
Sub-product: Other debt
Issue: Written notification about debt
Sub-issue: Didn't receive notice of right to dispute

Complaint:
I was in the process of building a new home and moving to Florida since XX/XX/XXXX. Over the past year, my credit has been pulled by different mortgage companies and I have never had this debt reporting on any of my credit reports. 

My home is completed, and my mortgage company needed to pull a new credit report since credit reports are only valid for 120 days. On XX/XX/XXXX, there was a new credit report pulled to finalize the closing of my new home. To my surprise, there was a collection account reporting to XXXX  only for XXXX XXXX XXXX in the amount of {$17000.00}. I had looked up their contact information and contacted them. They were not able to locate me via phone, social or name. They even transferred me to their financial department who again, couldn't locate me via any of the forementioned ways. 

On XXXX, my lender and I contacted XXXX  to see if there was any information ( phone number, account number, etc ) pertaining to this debt. The representative at XXXX  stated that the collection belongs to Monterey Financial Services and was able to provide me with their number. 

On the same day, my lender and I called Monterey and were connected with an XXXX XXXX. They were not able to locate an account for me via my social security number, as they don't have a social on file for me. 

XXXX stated that her company has held the debt since XX/XX/XXXX. She stated that the ONLY debt validation letter that was sent, was sent via my email and that it never bounced back. She stated that this was in XX/XX/XXXX and was the one and only letter that was sent. She also stated that there were attempts to get a hold of me, just never any voicemails left. She claims that they have reported me to XXXX  since XX/XX/XXXX. Again, this is the first time this has ever shown up on a credit report and based on the communication with XXXX, I stated that we were incorrect continually dismissed the fact that we stated that this account hasn't shown up on any credit report prior to this. Had I known that I did in fact have a debt that I am questioning, I would've challenged the legitimacy of this debt long ago ; or at the very least, when my credit was pulled at my mortgage company in XXXX. 

We continued to ask what this debt was from/for and we were told that it was a vacation club that I had purchased and that I owe the money and they will continue to report it until I pay the XXXX and that the debt is valid because I never responded to the alleged email that was sent. My lender asked what proof is available to show that the debt was valid, since I didn't have any idea of anything that I ever signed. XXXX  was not plesant, continually spoke over my lender and stated I signed a contact that I had to pay without providing any option. Again, my lender asked that I am sent a copy of the contract along with using US Postal as the only method of communication. 

The company is based and housed out of XXXX XXXX. When we were in XXXX XXXX, we were staying at a hotel which had no air conditioning, no warm water and very low water pressure. Upon multiple complaints, we were told that they'd take us to their sister property and were very apologetic. This was the extent of my affiliation with XXXX XXXX XXXX. Upon return to the states, I noticed on my bank statements charges from XXXX which I immediately contacted them and asked them to stop, in which the appoligized for the mistake and cancelled everything out. 

On XX/XX/XXXX, my lender had called Monterey and asked for a copy of the sales contract. XXXX had forwarded the below information : ( listed below ). 
The alleged purchase contract only has pages 1 through 5 out of 10 provided. Page 3 of 10 is missing a witness signature.

There was a promissory note that consisted of pages 1 and 2 out of 10 provided.

There was a rates and fee schedule provided, only pages 1 and 2 out of 10.

There was the payment history along with the reversed payments. The payment history made no sense and was not well explained. 

My lender reviewed the contract and emailed and called XXXX back to question the missing pages. He was told that they are not obligated to provide me with any documentation of the validity of the debt and that it was done as a courtesy. She also stated the Monterey requested the contract from XXXX and that is what they received. She reiterated that they did this as a courtesy and that they do not need to provide anything showing that I owe the money. 

I have received partial pages on a supposed contract that I signed which is missing witness signatures, they do not have my social on file and they claim that they emailed me the validation of debt letter, not mailed.

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