Consumer complaint received 2021-11-05
Company: Debt Co LLC
State: MO
Product: Debt collection
Sub-product: Other debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
I am writing to dispute the account referenced above. I have disputed this account information as inaccurate with the company and the credit bureaus, and they have come back to me and stated they were able to verify this debt. How is this possible? Under the laws of the FDCPA, I have contacted the collection agency myself and have been unable to get them to verify that this is indeed my debt. Incorrect, inaccurate information can not be reported to the credit bureau agencies and the information provided to you is incorrect. Due to the erroneous information, per FCRA 609, we request and ask please that this collection be removed from our credit reports.

Collection companies also can not report collection accounts when they themselves can not verify they debt when we asked for validation. The move-in sheet was never signed and is required to be signed no later than 5 days within move in in the state of Kansas, and the document they provided showing this was completed, and the carpet life was 60 months, and in the State of Kansas they can only charge actual value- depreciate value and it had 11 months of life remaining, and again, the move in inventory that is required by the state of Kansas by the Landlord to be completed never was per the documents the collection company sent and are reporting a substantial balance due that is not our responsibility. A landlord is to notify a tenant of charges and fees NOT to exceed 30 days, we vacated the property left it immaculate, and they provided this list for carpet replacement that is not our responsibility there was never inventory made, and this document was created AFTER 30 days from our move out. The company also noted that we did not give property notice of 60 days, and that we gave one day notice, when we gave them XXXX XXXX months notice. The information is errneous, falsly reported and ruiningour ability to purchase a home, to purchase a car or have any other livlihood financially and is against all credit report laws, and kansas tenant landlord laws that we in fact have a case against them for XXXX XXXX times our deposit vs. they having a case against us. 

I enclose copies that XX/XX/2020 the company verified I had a XXXX balance. We moved out of this property XX/XX/2020. A company XXXX has called saying they are XXXX XXXX management trying to collect monies noting we are owed, that we in fact do not, per the message we received XX/XX/2020. This is ruining our credit and will seek legal remedy if this is not removed from our accounts immediately. It is horrible that people are taking advantage of others in the world we are in and misleading individuals who they are, falsifying information, etc. 

We are requesting this be deleted immediately from our credit reports. While we do not owe this balance, I want to bring to your attention in the State of Kansas per the Kansas Tenant and Landlord laws, a landlord must notify a tenant of an itemized list of offsets for our security deposit and that was never completed, nor sent to us. We disputed previously, and continue to dispute to no avail. Our credit is being ruined and if this is not removed we will seek legal remedy through an attorney.. 
Per XXXX XXXX, A landlord must conduct a move-in inspection no later than 5 days after a tenant moves in, such inspection should be signed and dated by both landlord and tenants. This was not completed per the move-in inventory sheet provided. 
Per XXXX XXXX a Landlord must provide tenant intent of itemized deductions of security deposit, and not exceed 30 days. Per documents provided, the collection placement denotes notice date of XX/XX/2020, we vacated the property XX/XX/2020 and the property was immaculate. The message we received XX/XX/2020, the letter included, as of the date of that email, we owed XXXX dollars. And then 10 months later, mysteriously this collection was on our account. We never received a single document form this DebtCo company only a phone call stating that they were XXXX management, falsifying who they were and why they were calling, also against Fair Credit Reporting Act. We asked in early 2020 for confirmation of our balances due and again, we were told a XXXX balance. This is affecting our livelihood and ability to find a home, and is completely wrong, and illegal The FCRA requires you to verify the validity of the item within 30 days. If the validity can not be verified, you are obligated by law to remove the item. There is a clear case of unverified debt here, and I urge you to remove this item before I am forced to take legal action. 
In the event that you can not verify the item pursuant to the FCRA, and you continue to list the disputed item on my credit report I will find it necessary to sue you for actual damages and declaratory relief under the FCRA. According to this regulation, I may sue you in any qualified state or federal court, including small claims court in my area. 

While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FCRA. 

I look forward to an uneventful resolution of this matter. 
Sincerely, XXXX XXXX attachments

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