Consumer complaint received 2017-01-02
Company: FIDELITY CAPITAL HOLDINGS, INC
State: CA
Product: Debt collection
Sub-product: I do not know
Issue: Cont'd attempts collect debt not owed
Sub-issue: Debt is not mine

Complaint:
The basis of my complaint is that Fidelity Creditor Service has been reporting against my credit since XXXX without valid proof of debt. 

In spite of their claims to the contrary they have never provided any proof. Since I know for a fact there was never any agreement between me and the supposed original creditor it is impossible that any proof could exist. Since XXXX FCS has been trying to force me to pay them {$9300.00} without a Contract or Agreement, Signatures, Invoice, or Court Order. Nothing in the documents they provide implies, suggests, or proves a debt for any amount is owed by anyone. They continue to illegally report against my credit trying to force me to pay them {$9300.00}. 

This was totally substantiated by the documents they eventually did send me due to the complaint I filed with the CA XXXX in XXXX, XXXX. In their accompanying letter FCS suggests that if any questions I should contact the original creditor XXXX XXXX. I have informed FCS many times the original creditor XXXX has been out of business nearly 3 years. I have repeatedly requested from FCS updated contact info. Call the phone number they provide and hear for yourself it is no longer in service. A perfect example of how FCS tries to intentionally mislead and misdirect. Copies are included. 

Fidelity Creditor Service insists a proposal form and filings for dismissal of a small claims court case is considered a valid debt. This filing clearly shows me as the plaintiff and the supposed original creditor as the defendant. She in turn was going to countersue. Both cases were dismissed before going to trial. A quick search of XXXX County public court records using the case number provided from FCS clearly shows the entire case dismissed. A copy is included. 

In XXXX, XXXX I filed a complaint with the CFPB against Fidelity Creditor Service in an effort to force them to provide to me proof of this debt. They could have just simply sent it to me but instead uploaded a reply full of inaccuracies clearly designed to confuse. Their reply states they have validated this debt and are quite satisfied having it remain on my credit. 

To help illustrate the frustration dealing with the ongoing FCS lies and deceit I am including a page from my credit report. It is the result of an XXXX request sent in XXXX, XXXX to FCS on my behalf to validate this debt. A copy is included. 

I am also including documents that while not directly connected to my situation illustrates how FCS has a proven history of a complete lack of moral or business ethics to attack unsuspecting consumers. It is my opinion the XXXX/FCS operation is unlawful and predatory. They advertise that a consumer 's credit will be reported against for a small fee while taking no responsibility whatsoever regarding debt validity. 

Sincerely, XXXX XXXX.

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