Consumer complaint received 2019-03-28
Company: Diversified Consultants, Inc.
State: TX
Product: Debt collection
Sub-product: Other debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Threatened or suggested your credit would be damaged

Complaint:
I request validation of this debt per Texas Finance Code Section 392.202 which requires a debt collection agency or credit bureau to provide the alleged debtor with specific information concerning their debt including but not limited to ; For the purpose of validation provide me with : The name and address of the original creditor. The original date of default or non-payment of the debt with original creditor. The date the debt was transferred from the original creditor to the third party debt collector. The original balance. The current balance. Any fees added by your agency. Sec. 392.303 ( a ) ( 2 ). 

XXXX XXXX XXXX lured me into a promotional offer once they merged with XXXX that has wrecked havoc on my life and credit report. I was supposed to get a promotional offer as I was already a customer with XXXX XXXX XXXX. However, I was being billed by both company. This went on for months. It was only after I decided to close my account that they somehow figured it out. I presumed the issues was resolved and as I no longer received duplicate charges. However, I recently attempted to obtain credit and XXXX XXXX XXXX has sent this error in billing to the collection agency Diversified Consultants. In speaking with both companies over the last several days, both state the debt should not be on my credit. However, neither one is willing to provide me a credit deletion letter or remove it from my credit report. XXXX XXXX XXXX states they took care of the bill and should have removed all charges in XX/XX/2017. Diversified is stating they do not show the debt but did not receive anything from XXXX XXXX XXXX in writing to remove it. I am in an endless spin cycle with these 2 companies where neither one of them want to take responsible and do what is right. This is a violation of the FCRA as this debt is not correct as it was not owed to begin with due to their duplicate billing issues, which has been experienced by many other consumers as per the attachments. These companies also violated the TCPA and Texas TCPA by calling me numerous times on my cell phone without written consent to do so. And some of these calls were robocalls/artificial/prerecorded call through automation. ( Regulations Implementing the Telephone Consumer Protection Act of 1991, 47 U.S.C. 227 ). This is also a violation of the FDPCA as this was a deceptive practice to double bill consumers and now you fail to resolve the issue and inaccurately file it on my credit report. They have also misrepresented the amount I owed them, which was nothing due to their error with double billing, which is a clear violation of [ 15 USC 1692e ] 807 ( 2 ) ( a ). I am consulting with a law firm of XXXX XXXX XXXX  XXXX to see a civil legal action due to FDCPA and TCPA. Diversified has added on additional amounts due by still reflect this as due, which is a violation of FDCPA [ 15 USC 1692f ] 808 ( 1 ). The FDCPA considers repeat calls as harassment. [ 15 USC 1692d ] 806 ( 5 ). They also violated the FDCPA [ 15 USC 1692c ] 805 ( b ) by  reporting this assumed debt inaccurately to the all 3 credit bureaus. They have ignored my request to verify this assumed debt is correct and valid, which is a violatio of FDCPA [ 15 USC 1692g ] 809 (  b ) and is attempting to collect on the assumed debt before providing proof of the debt through a validation letter and their own acknowledgement there is no outstanding debt, which is a violation of FDCPA [ 15 USC 1692g ] 809 ( b ). 
Texas Surety bond information as required by Sec. 392.101 -  my original signature on the application from the creditor - my original signature on an application with your office consenting to any service Please note XXXX, XXXX, and XXXX   are bonded in the state of Texas and are required to comply with Texas Finance Code. If a debt collector has failed to respond to your debt validation request, then they have essentially admitted, per Texas Finance Code 392.202 ( b ) ( 2 ), that the debt in question is inaccurate. Per this requirement you must delete this trade line if you do not have sufficient time to complete an investigation to validate this debt in 30 days according to Sec. 392.202 ( d ) ( 1 ) Also per Texas Finance Code 392.202 Correction of third -party debt collectors or credit bureaus files. I request immediate notification by mail if this alleged debt is sold or transferred per Sec. 392.301 ( a ) ( 4 ). 
I am also filing a complaint with the Texas Attorney General due to FDCPA as this was deceptive practices and continues to be unfair as each company continues to provide me with the other company 's number. 

Please reply with your response via US MAIL. Do not contact me by phone as it is inconvenient. Do not contact my family, acquaintances, or employer in any manner. Please note I am fully prepared to pursue my rights for the harm this inaccuracy has done to me. Sec. 392.403. CIVIL REMEDIES. ( a ) A person may sue for : ( 1 ) injunctive relief to prevent or restrain a violation of this chapter ; and ( 2 ) actual damages sustained as a result of a violation of this chapter. Please also note Texas BCC17. I demand that you will not sell, transfer, or assign this debt per Sec. 392.301 ( a ) ( 4 ). Regards.

Company response to consumer: Closed with explanation