Consumer complaint received 2017-06-30
Company: FIDELITY CAPITAL HOLDINGS, INC
State: FL
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:
Please see detailed letter ( attached and below ) sent certified to the collection agency on XX/XX/XXXX and received XX/XX/XXXX ( attached ). <P/>Since the date of the letter, I found out that the collector placed the item on my credit report on XX/XX/XXXX two weeks PRIOR to contacting me for the first time on XX/XX/XXXX. ( attached ). <P/>Body of letter sent : I am in receipt of your email dated XXXX XXXX, 2017 ( first sheet of email attachment enclosed ). <P/>I ABSOLUTELY DISPUTE THIS DEBT AND ITS VALIDITY. <P/>You submitted NO verification that your creditor XXXX XXXX XXXX XXXX is entitled to claim this debt. Nor did you submit any proof that you are entitled to collect this debt in the states of Florida and California. Instead, you submitted a lease with XXXX XXXX XXXX XXXX as Landlord and me as tenant and their self-report of the condition of the unit upon vacancy. You did not include any of the correspondence between XXXX XXXX XXXX and me including our exchange of certified letters as required by the Florida Statutes in a Landlord Tenant dispute. <P/>My issue with XXXX XXXX XXXX should be settled in a court of law in the State of Florida via FS 83 if  they do not wish to deal with me directly. There is nothing to substantiate any debt to XXXX XXXX XXXX other than their self-generated report and XXXX XXXX XXXX has not been granted a summary judgment in the State of Florida that I am aware of. I consider this attempt at collection to be a flagrant disregard for the procedures outlined in the Florida Statutes regarding Landlord Tenant disputes. <P/>In my telephone conversation with your office on the afternoon of XXXX XXXX, 2017 ( as requested in your letter ) at XXXX XXXX EST, I also stated that I do not recognize the validity of this debt. During that phone conversation, your representative informed me that the firm felt that it had validated the debt and threatened to place this item on my credit report as a disputed item. Placing this item on my credit report is a clear violation of the Fair Debt Collection Practices Act. <P/>Please be advised that all further communication with me should be in writing via US Mail. The firms initial conversation with me was on XXXX XXXX, 2017 via telephone at XXXX XXXX EST from XXXX in which I disputed the validity of the debt and confirmed my email address. I received another call from your firm on XXXX XXXX, 2017 at XXXX XXXX EST during which I disputed the validity of the debt and again confirmed my email address. I consider your firm to be in clear violation of Section 809 of the Fair Debt Collection Practices Act as I received nothing written from your agency until XXXX XXXX, 2017, and then the only written notice was via email. <P/>Any attempt by your agency to place this account on my credit report ( even as contested ) will be viewed as an attempt to collect this debt by unfair and unconscionable means under the Fair Debt Collection Practices Act, Section 808 until the aforementioned items are addressed. If I do not receive a written response via US Mail within thirty days from the first receipt of this letter that this matter has been terminated and no claim has been filed against my credit, I will accelerate this complaint with the Consumer Financial Protection Bureau, the Federal Trade Commission Consumer Response Center and the Attorney General of the State of Florida.

Company public response: Company disputes the facts presented in the complaint
Company response to consumer: Closed with explanation