Consumer complaint received 2017-10-03
Company: Tate and Kirlin Assoc
State: TX
Product: Debt collection
Sub-product: Other debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
I received a collection notice from XXXX XXXX XXXX XXXX, XXXX on XX/XX/2017 I mailed them a dispute via certified letter ( tracking # XXXX ) which made it a legal document. XXXX XXXX XXXX XXXX, XXXX received this certified letter on XX/XX/2017. In the dispute I requested the following : XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, PA XXXX XXXX : Account # XXXX To Whom It May Concern, This letter is regarding Account # XXXX, which you claim I owe {$1000.00}. This is my formal notice that your claim is 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 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 XXXX XXXX XXXX XXXX, XXXX As per FTC opinion letter from Attorney XXXX XXXX XXXX , you should be aware that a printout of a bill or itemized document does not constitute validation or verification. 

Please also be aware that any negative mark found on my credit reports ( including XXXX, XXXX, and XXXX ) from your company or any company that you represent, for a debt that I dont owe to your company, is in violation of the FCRA & FDCPA 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 30 days of receipt of this certified letter with ALL of the requested information 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 for : Defamation Negligent Enablement of Identity Fraud Violation of the Fair Debt Collection Practices Act ( including but not limited 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. 
It would be advisable that you and your client assure that your records are in order before I am forced to take legal action. 

CREDITOR/DEBT COLLECTOR DECLARATION Please provide the following : 1.  Agreement with your client that grants you the authority to collect on this alleged debt. 
2. Agreement that bears my signature of the alleged debtor wherein he/she agreed to pay the creditor.
3. Any insurance claims that have been made by any creditor regarding this account.
4. Name and address of alleged creditor.
5. Name on file of alleged debtor.
6. Alleged account number.
7. Amount of alleged debt.
8. Date this alleged debt became payable.
9. Date of original charge off or delinquency.
10. Verification that this debt was assigned or sold to collector.
11. Complete accounting of alleged debt.
12. Commissions for debt collector of collection efforts that is successful. 

Please provide the name and address of the bonding agent for XXXX XXXX XXXX XXXX, XXXX, in case legal action becomes necessary. Your claim can not and WILL NOT be considered if any portion of the above is not completed and returned with copies of all requested documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please allow 30 days for processing after I receive all of the requested information back from XXXX XXXX XXXX XXXX, XXXX. 

P.S. Please be aware that dependent upon your response, I may be detailing any potential issues with your company via online public press release, including documentation of any potential small claims action. I am also including a copy of my complaint to the organizations below : Best Regards, XXXX XXXX Cc : Consumer Financial Protection Bureau Cc : Attorney Generals Office Cc : Better Business Bureau XXXX XXXX XXXX XXXX, XXXX has yet to respond to. 

I am filing to this complaint today to say, I have never done business with this company and do not know who they are. They have never loaned me money and can not stand in a court of law and say that they have. 
Futhuremore The right of subrogation does not exist for a stranger to the transaction. 73 AmJur 2nd, Section 90. 
" Subrogation '' means to substitute. " Does not exist '' means is not allowed. " Stranger to the transaction '' means someone or some entity not on the original contract. This includes attempts to collect based on assignment, sale/purchase, or trade. The collector can not substitute himself to collect money because he believes he was assigned the task or he purchased the bad debt, or traded some bad debt for a different bad debt. 
I have never agreed to do business with your company - XXXX XXXX XXXX XXXX, XXXX-, your company is not mentioned on any contract I 've ever signed with anyone and I demand full validation, meaning a contract between you ( XXXX XXXX XXXX XXXX XXXX XXXX ) and me with my true wet ink signature on it! 
I have never contracted with XXXX XXXX XXXX XXXX, XXXX. There is no contract with XXXX XXXX XXXX XXXX, XXXX or myself, regardless of whether XXXX XXXX XXXX XXXX, XXXX purchased an account from an Original Creditor or not. 
Another thing is that if XXXX XXXX XXXX XXXX, XXXX claims that they have received all rights of interest and assignment when they purchased the account, XXXX XXXX XXXX XXXX, XXXX is automatically violating the Statute of Frauds. 
XXXX XXXX XXXX XXXX, XXXX has NEVER exchanged anything of value with me, yet they want me to give value to their company. That is not equal risk, a pertinent part of all valid contracts. 
Furnishing or attempting to verify information with credit bureaus that is inaccurate is ILLEGAL COLLECTION ACTIVITY. 

XXXX XXXX XXXX XXXX, XXXX is in clear violation of the FDCPA for continuing collection activity while refusing to respond to every demand for validation I have sent. I HAVE REQUESTED ON SEVERAL DIFFERENT OCCASIONS FOR VALIDATION WHICH IS A SIGNED CONTRACT BETWEEN XXXX XXXX XXXX XXXX, XXXX AND ME! NOT PAPERWORK FROM XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX DOES NOT HOLD A CONTRACT BETWEEN ME AND THEM NOR DO THEY HAVE MY SIGNATURE LISTED ON A CONTRACT SHOWING IMMEDIATE CREDIT RECOVERY!! 
XXXX XXXX XXXX XXXX, XXXX will need to provide a contract between me and them specifically!! 
I deny your claim, I deny owing any monies, I deny any contract with XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX has never lent anything to me or provided any services to me, and I refuse to contract with them as I do not do business with 3rd party debt collectors. 
Please send me proof of your Bill of Sale and the price you paid to purchase my information and create this account, which you did without my knowledge, without my consent, without A CONTRACT or AGREEMENT allowing you to subrogate on my behalf. What XXXX XXXX XXXX XXXX, XXXX did when they created this alleged account is commit fraud against me and perpetrate identity theft against me. 
XXXX XXXX XXXX XXXX, XXXX does not qualify to make a claim against me according to the Doctrine of Subrogation. 
If XXXX XXXX XXXX XXXX, XXXX does not produce a contract with my signature as well as XXXX XXXX XXXX XXXX, XXXX/representative of this companys signature in 15 days from the receipt of this final statement, I will have no choice but to file suit against XXXX XXXX XXXX XXXX, XXXX. 
I have also contacted my consumer rights attorney who is with the law firm XXXX XXXX XXXX. XXXX XXXX XXXX XXXX XXXX, XXXX provides me with all of the information I have requested, they better not even think about reporting anything on my credit report. I am extremely litigious.

Company response to consumer: Closed with explanation