Consumer complaint received 2019-08-10
Company: Hayt Hayt & Landau, P.L. (FL)
State: FL
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
XX/XX/XXXX I receive letter from collection agency Hyat, Hyat and Landau,PL. Letter states company attempts to collect a debt from original creditor XXXX XXXX, XXXX and current creditor XX/XX/XXXX.

I submitted complaints through the Consumer Financial Protection Bureau.  The above mentioned agencies replied that debt was valid. 
Debt consists of $XXXX owed to XXXX XXXX, on a card opened as a result of identty theft. My Social Security information was used, and a fraudulent address in XXXX   was used to open the account. The card was applied for in XX/XX/XXXX - XX/XX/XXXX. 

 My XXXX XXXX phone number was used as well. I noticed that my missed call log  was displaying "call answered on another device" message onXX/XX/XXXX. I contacted XXXX XXXX in XX/XX/XXXX and placed a Fraud Block back then. The information will be accessible to lawyers by contacting XXXX XXXX Legal Department. 

On XX/XX/XXXX I placed a police report, contacted the Credit Buraus and personally visited Hyat, Hyat and Landau. I submitted proof of address,tax returns, the 3 credit bureaus reports,and  invoices of some of my  professional services as a XXXX XXXX in XXXX   during some of the days when the fraudulent transactions were  committed. 
I also provided evidence of being out of the state during one of the dates that one of transactions took place, with hotel information and an XXXX XXXX electronic ticket. I signed a notarized affidavit of fraud and submitted it to Hyat, Hyat and Hyat as well.

 Hyat told me that the process would take about a month, that I would be notified, as they had to work with XXXX XXXX, their client, to resolve the issue.

 Yesterday, XX/XX/XXXX, I received a notification from XXXX that XXXX XXXX had reported the collection to my otherwise- and always- pristine credit report. My credit rating and report was damaged due to this action. I simply do not borrow money and pay my credit cards monthly in full, as it can be evidenced in my reports. Never a late payment.

I required from XXXX XXXX, by US Postal Service certified mail,  that they submit to me all the evidence related to the fraudulent account such as application, payment slips, store receipts, signatures, etc. I have the right to receive all this documentation.

 When I spoke to their reppresentative, he stated that their information was correct as public records place me in XXXX and that my cellular phone number line was used. All Ihave received is a letter stating that their investigation is correct and that they are not changing anything. 

I need to explain that the fraudulent XXXX XXXX card  never appeared on my credit reports, so I had no way to know that this was going on. Upon examination I found that my address had been changed to the fraudulent address. 
At this momet I believe this fraud could come from XXXX XXXX, itself. XXXX XXXX was either negligent in their  processing of applications, tobenefit from the fraud;  or the fraud might have been an inside job . 
XXXX XXXX should use non-negligent and lawful practices and review the investigation with the knowledge that I am providing. I am the victim here, I am being treated like a criminal. All this process has caused countless hours of effort reviewing and submitting documentation, as well as a wide range of inconviniences and related health problems due to stress.
How could XXXX XXXX award someone a credit card with a $XXXX credit limit, when my credit report does not show my employment information? Let's talk about not being negligent in their process of approving credit cards with a credible investigation of the customers. Did they realized that as a XXXX XXXX on XXXX my income was extremely low for the credit limit they approved on my behalf? 

I have also notified the US Post Office that identity theft that I am a victim of Identity Theft enabled by the use of a  criminal postal address.

Upon studying my credit reports I found several unauthorized  inquiries mostly from XXXX XXXX to my credit reports. I found that an additional  XXXX XXXX credit card had been opened on my behalf. Fortunately, no charges had been made. As I called XXXX XXXX to let them know that this card was open in a fraudulent way, first thing I hear from the customer service representative is "Ms. XXXX we appologize as we know we have had trouble delivering your card" (Again, the XXXX address).

It would be easier to pay the money owed as it is sitting on my savings account, however, I refuseto be the victim of these criminal actions against me. I hold XXXX XXXX, XXXX XXXX and Hyat, Hyat and Landau responsible of negligence, with all the negative effects this issue has provoked, including my health.

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