Consumer complaint received 2021-05-06
Company: FIDELITY CAPITAL HOLDINGS, INC
State: CO
Product: Debt collection
Sub-product: Other debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was paid

Complaint:
FIDELITY CREDITOR SERVICE claims that I owe {$5900.00}. 

On XXXX, 2021, I met with a Notary Public and a Third-Party Mailer/Proctor/Witness to verify my acknowledgment, signature, and mail certified : Conditional Acceptance from XXXX, 2021 Declaration by Affidavit in Support of Conditional Acceptance from XXXX, 2021 Time for a response elapsed and Respondent was at fault. 

On XX/XX/2021, I requested the services of a XXXX XXXX for presentments and acceptances to certify whether responses from Respondent were adequate and timely. 

On XX/XX/2021, I met with the aforementioned Notary Acceptor and a Third-Party Mailer/Proctor/Witness to verify my acknowledgment, signature, and mail certified : Notice of Fault and Opportunity to Cure Re : Unlawful Debt Collection from XX/XX/2021 Responses were to go to Notary Acceptor and two witnesses to certify the address. 

The XXXX XXXX and two witnesses certified there was no response to discovery requests or Affidavit. I received a defective and fraudulent postal article from XXXX XXXX XXXX at FIDELITY CREDITOR SERVICE dated XX/XX/2021 which was documented for later investigation by Postal Inspector. The article did not contain Respondent 's verified proof of claim under penalty of perjury, was not in affidavit form, and there was no response to discovery requests. This communication does not comply with the limited communication expressly permitted for the verification of Respondent 's claim. The third-party debt collector is estopped from moving their case prior to verifying their claim as agents can not prove agency without a deed of assignment or deed of novation, the principal must prove agency. Time for a response elapsed and Respondent was in commercial default. 

On XX/XX/2021, I met with the Notary Acceptor and a Third-Party Mailer/Proctor/Witness to verify my acknowledgment, signature, and mail certified : Claimants Notice Of Default And Request For Admissions from XX/XX/2021 First Invoice from XX/XX/2021 for $ XXXX for violating my rights under 15 USC 1692 AKA Fair Debt Collection Practices Act. The provision violated is the requirement for a debt collector to verify under penalty of perjury by an authorized wo/man with first-hand knowledge bearing witness to the veracity of their claim. 

Time for a response and payment of invoice elapsed and Respondent is in commercial default and dishonor of XXXX XXXX due in owing and equity. XXXX XXXX, Colorado Attorney General, has been and will continue to be CC 'd on the commmunications. 

My credit report reflects an owing of approximately {$1000.00} in additional interest reported by Respondent. The balance as of today, XX/XX/2021 shows {$6000.00}. 

Today, on XX/XX/2021 I met with the Notary Acceptor and a Third-Party Mailer/Proctor/Witness to verify my acknowledgment, signature, and mail certified along with faxing : Certification of Non-Response/Non-Performance from XX/XX/2021 Notice Of Final Determination And Judgment In XXXX XXXX from XX/XX/2021 Second Invoice from XX/XX/2021 for $ XXXX for violating my rights under 15 USC 1692 AKA Fair Debt Collection Practices Act. 
Certificate of Service by Third-Party Mailer/Proctor/Witness Additionally, enclosed are the initial invoice and all other notices from the pendency of these proceedings.

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