Consumer complaint received 2019-10-08
Company: CAINE & WEINER COMPANY, INC.
State: FL
Product: Debt collection
Sub-product: Other debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
XXXX XXXX XXXX Fl XXXX XXXX XXXX, CA XXXX http : //www.caine-weiner.com ( XXXX ) XXXX Caine & Weiner Opened XX/XX/XXXX {$2100.00} Original creditor : 01 XXXX XXXX Ive submitted enough information regarding the fraudulent account thats open in my name I have provided information for your company to have carried out a reasonable investigation of this dispute. If you had investigated properly rather then using your XXXX system you would have noticed that this account is not mine which your companies have claimed to Verified.

This letter is being sent to you in response to notices sent to me from your company and more importantly, due to your erroneous reporting to the Credit Bureau { s }, the highly negative impact on my personal credit report. 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.

812. Furnishing certain deceptive forms [ 15 USC 1692j ] ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. ( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 813 for failure to comply with a provision of this title.

Under the Fair Credit Reporting Act ( FCRA ). The FCRA requires that debt collectors give any documents related to an account that is requested Please send me copies of all records relating to the account, including : date account open all sign original contract Account applications made on paper, online, or by telephone Account statements or invoices Records of payment or charge slips Delivery addresses associated with the account Records of phone numbers used to activate or access the account Signatures on applications and accounts Investigators report 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. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. 

Please provide me with the following : What the money you say I owe is for : Explain and show me how you calculated what you say I owe : Provide me with copies of any papers that show I agreed to pay what you say I owe : Provide a verification or copy of any judgment if applicable : Identify the original creditor : Prove the Statute of Limitations has not expired on this account : Show me the you are licensed to collect in my state : Provide me with your license numbers and Registered Agent or Agent of Service : At this time I will also inform that if offices have reported invalidated information to any of the 3 major Credit Bureaus { XXXX, XXXX or XXXX } 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 theses companies, 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 Defamation of Character If your offices are able to provide proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist. 

Since youve obviously neglected to investigate this account thoroughly I am demanding you remove this account off my profile. It is at this time that I will point out the in Cushman v TransUnion, Stevenson v. TRW ( Experian ), and Richardson v. Fleet, Equifax et, the courts ruled each and every time that the CRA couldnt merely Parrot information from the creditors and collection agencies that they have conduct an independent REASONABLE investigation to ensure the validity of the debt and honesty/integrity of the creditors/CA in question. Sending out a generic form through the XXXX system that doesnt even contain my reasons for the dispute is not reasonable. 


Which Im sure you are aware each violation of the Fair Credit Reporting Act allows damages of {$1000.00} should this matter ends up in court. 
I look forward to an expedite resolution of this matter Thank you. 


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 suit. This includes listing any information with a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate, when it fact there is no provided proof that it is accurate. 

If your company fails to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit report and a copy of such deletion { to any/all of the 3 major credit reporting bureaus : XXXX, XXXX  and XXXX } 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 USPS. 

It would be advisable that you assure your records are in order before I am forced to take legal action against your company and your client. This is an attempt to correct your records, any information obtained shall be used for that purpose. 

Best Regards, XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX FL XXXX

Company response to consumer: Closed with explanation