Consumer complaint received 2018-02-28
Company: National Credit Systems,Inc.
State: AZ
Product: Debt collection
Sub-product: Other debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
At the beginning of XX/XX/XXXX, I sent XXXX a dispute letter for an apartment complex ( National Credit Systems/ XXXX XXXX ) that is trying to charge me a little over {$4000.00} and it being on my credit. The letter asked XXXX to validate the debt. I asked them to validate the debt because there is no contract with that apartment complex because it is void. It is void because a landlord tenant law was broken, which was they never identified the dwelling unit on the lease. As well, I asked them to validate the debt of ( XXXX XXXX XXXX/ XXXX XXXX XXXX XXXX ), which is a little over {$4000.00} reporting on my credit. When I received a response back by letter from XXXX, at the end of XX/XX/XXXX, they write that the debt was validated for National Credit Systems and XXXX XXXX XXXX. The problem with this is they never sent me physical proof of their validation. 

So, XX/XX/XXXX I sent this letter to XXXX : XXXX, I am making a final good will attempt to have you clear up this matter. The accounts you sent back verified are entirely inaccurate, incomplete, and represent a very serious error in your reporting. Also be advised that this is my second time contacting your company about this matter in writing. Your company is in violation of 15 U.S.C. 1681. No need for me to go into detail and tell you the law. Your company KNOWS for a fact  that you are required under the FCRA to have properly verified the accuracy of an account listed on my credit report with physical documents. As I am sure that you are well aware, current Federal case law states that, Consumer Reporting Agencies bear grave responsibilities to ensure the accuracy of the accounts they report on and their responsibility must consist of something more than merely parroting information received from other sources. That basically means that you cant just verify my account by telling me it is verified. Nor can you verify my account by telling me you contacted the creditor and the account I disputed is Verified. This means that IF you cant send me proof of these accounts from YOUR COMPANY, it must come off. All in all, you have ignored my request to provide me with the documents that you have in your files that were used to verify the disputed accounts, which means that you have NOT verified or you can not verify any of these accounts and under Section 611 ( 5 ) ( A ) of the FCRA you are required to ... promptly delete all information which can not be verified. 

This law is as clear as daylight, as to the civil liability and the remedy available to me for negligent noncompliance ( Section 617 ) if you fail to comply with this Federal Law. I am a litigious consumer and fully intend on pursuing litigation in this matter to enforce my rights under the FCRA. 

I demand the following accounts be verified or deleted immediately : Account name : National Credit Systems. 
Reason : You failed to verify and validate all data for this account, every notation, dates and balances. This account needs to be removed IMMEDIATELY via FCRA section 611.

Account name : XXXX XXXX XXXX. 
Reason : You failed to verify and validate all data for this account, every notation, dates and balances. This account needs to be removed IMMEDIATELY via FCRA section 611. 

I have attached the following to this detailed dispute! 

The following landlord tenant acts have been violated. Below are the following : XXXX. Disclosure and tender of written rental agreement : The XXXX has failed to identify the dwelling unit on initial contract. Therefore, it is void. 

XXXX. 
C. With respect to tenants who first occupy the premises or enter into a new written rental agreement after XX/XX/XXXX, upon move in a landlord shall furnish the tenant with a signed copy of the lease, a move-in form for specifying any existing damages to the dwelling unit and written notification to the tenant that the tenant may be present at the move-out inspection. Upon request by the tenant, the landlord shall notify the tenant when the landlord 's move-out inspection will occur. If the tenant is being evicted for a material and irreparable breach and the landlord has reasonable cause to fear violence or intimidation on the part of the tenant, the landlord has no obligation to conduct a joint move-out inspection with the tenant. 

If your company, XXXX, fails to comply with federal regulations by credit reporting agencies, you will be required to appear in a court venue local to me, in order to formally defend yourself. I will also have your company investigated by the Federal Trade Commission ( see 15 USC 41, et seq. ). I am also maintaining a careful record of my communications with you for the purpose of filing a complaint with the FTC and the Attorney Generals office, should you continue in your non-compliance. I further remind you that, as in XXXX v. XXXX XXXX XXXX No. XXXX ( XXXX. XX/XX/XXXX ), you may be liable for your willful non-compliance. This is not legal advice. I do not offer legal advice. If you need legal advice seek yourself an attorney or counsel. Please be advised, the information I am about to share with you is for educational, informational and entertainment purposes only. Failure to respond satisfactorily within 30 days of receipt of this certified letter will result in a small claims action against your company. I will be seeking {$5000.00} in damages for : 1. ) Defamation 2. ) Negligent Enablement of Identity Fraud 3. ) Violation of the Fair Credit Reporting Act By provisions of the Fair Credit Reporting Act, I demand that these items be investigated and removed from my credit report IMMEDIATELY. It is my understanding that you will recheck these items with the creditor who posted them. Please send an updated copy of my report to the above address. 

Sincerely, XXXX XXXX After sending this letter XX/XX/XXXX I have never got a response.

Company response to consumer: Closed with explanation