Consumer complaint received 2018-03-31
Company: BQ & Associates, P.C., L.L.O.
State: MO
Product: Debt collection
Sub-product: I do not know
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
Dear Consumer Financial Protection Bureau, Thank you for intervening on this issue. Based on the response sent by Brumbaugh & Quandahl, there are so many misleading facts that demands evidence as I hereby challenge all aspect of the letter received from them through CFPB. Without any evidence, It is a heresay. I demand evidence from Brumbaugh & Quandahl about my first contact. I clearly wrote Brumbaugh & Quandahl that all communication should be in writing to avoid heresay. There should be no phone call communication as all letters I have sent to Brumbaugh & Quandahl are certified ( Evidence of such letter is attached ) As such, I demand evidence to their claim that on XX/XX/XXXX, I wrote to them that I alleged, in part, identity fraud. Please provide such letter. Let everyone read it clearly. Please I demand proof of when I ever alleged fraud. In conclusion to their statement, XXXX hereby request evidence to such claim thereto. 


Again, Brumbaugh & Quandahl claim there is no contract require to collect an alleged debt of {$12.00}, XXXX because according to them, I quote however he was informed there was no contract between these parties nor was one required to collect on the debt. ( evidence attached in the letter of such statement ) It is disturbing that Brumbaugh & Quandahl never evidence failure of consideration that states whereas no exchange of money or goods occurred between XXXX XXXX and Brumbaugh & Quandahl therefore XXXX XXXX cites failure of consideration. 

Brumbaugh & Quandahl had my address, but decided to send the letter to XXXX XXXX XXXX ( Evidence attached in letter ) so as to allow the 30 days set by the law to dispute a claim pass and to assume the validity of such debt. Please explain why my letter was sent to XXXX XXXX and how you comply with FDCPA Section 805 ( b0 that clearly states collection agency can not call any third party about such debt, when it was clearly stated I am not represented by anyone. 

According to the Fair Credit Reporting Section 609 ( a ) ( 1 ) ( A ), you are required by federal law to verify through the physical verification of the original signed consumer contract- any and all accounts you post. Under the FCRA, unverified accounts must be removed. 

Second, in the same second paragraph, Brumbaugh & Quandahl quoted the Fair Debt Collection Practice Act loosely without providing any section of the particular law or references that is being referred to about my right, the letter they sent speak contrary to a dunny letter. Brumbaugh & Quandahl discounted the entry and demand for an alleged non existing debt of {$12000.00}. Brumbaugh & Quandahl should be reminded that adunning letteris a notification sent to a customer, stating that the customer is overdue in paying an account receivable to the sender.Dunning letterstypically follow a progression from polite reminders to more strident demands for payment, if the customer continues to be non-responsive in paying. How is that a dunny letter when I was never your customer and no service or contract was provided or existed between us. Neither have I ever paid you any amount? Please explain. 

Third, Braumbuagh & Quandahl seek to assume and create a non-existing contract when in actual fact, I am demanding for three particular key required by the law. First, whether I have, or ever had a contractual obligation to pay them {$12.00}, XXXX which was requested in their letter. 

Second, whether they are licensed to conduct business in Missouri, and if they are registered in the state of Missouri under Missouri law, then they should provide their registration number for verification. I also request them to identify the original creditor which they have failed by identifying two original creditors which is XXXX and XXXX on both conflicting letters ( Evidence Attached ). 

Fourth, FDCPA Section 811 ( a ) ( 2 ) states that collectors must be in the county in which you lived when you signed the original contract for the debt or where you live at the time when they file the lawsuit. Brumbaugh & Quandahl has not been able to provide any contract or proof that it. 

Fifth, the evidence Brumbaugh & Quandahl provided in response to my complaint to the CFPB neither have my complete name, account number nor my address. 


Furthermore, XXXX is without information or knowledge sufficient to form an opinion as to the truth and accuracy of Brumbaugh & Quandahl claim that they were first contacted, and based on that denies generally and specifically Brumbaugh & Quandahl claim that XXXX first contacted them. 

In the second paragraph of the letter. Brumbaugh & Quandahl alleged their record indicated XXXX XXXX contacted them on XX/XX/XXXX to set up a payment plan, on the same paragraph they stated a payment plan was not set up then. How contradictory can such a statement be? I would like to know how the said contact was made by XXXX XXXX. Please provide evidence about the detailed of such payment plan or who he spoke with. 

Was it on the phone? Or in writing? such evidence should be provided. 
First, how could XXXX XXXX had first contacted Brumbaugh & Quandahl on XX/XX/XXXX, when on XX/XX/XXXX, the next day to which Brumbaugh & Quandahl alleged claim, Brumbaugh & Quandahl filed an entry in the Circuit Court of XXXX XXXX County, Missouri Associate Circuit Division with a plan to get a default judgement. Evidence attached to the entry of appearance filed by Brumbaugh & Quandahl on XX/XX/XXXX attached. Please explain. 

Brumbaugh & Quandahl claimed to be first contacted on XX/XX/XXXX which was a Thursday, second day to the last day of the working year in XX/XX/XXXX and then filed an entry in court on XX/XX/XXXX, the last working day of the year of XX/XX/XXXX. 

Brumbaugh & Quandahl claimed on multiple occasion that XXXX XXXX was provided with the requested information. Please can you state who provided the information and what was requested that was provided? 

XXXX was never provided with any requested information after disputing the debt based on the provision in the federal law and requested for evidence. Without a copy of the underlying contract, XXXX XXXX has no objective way to assess the veracity of Brumbaugh & Quandahl claim. 

Please provide evidence to show it was provided. Please be very specific as to who provided the information, the name of the person and their contact to inquire how they provided the information. 

Based on the letter provided by Brumbaugh & Quandahl, there is no mention of my complete name from the bill of sales to the alleged default judgement, nor was {$12000.00} mentioned. The FDCPA states that debt collector can not collect any amount of money that is not authorized by the agreement creating the debt or permitted by law. There is no agreement between the collector and the alleged debtor, no collection can be sustained. 

Finally, Brumbaugh & Quandahl claimed they have closed my file with their office and are no longer pursuing collections on the illegal and unverified debt, I hereby request that such letter of closure be formally written to me in a clear term to avoid ambiquity. 
The letter should clearly state the illegal amount they were trying to pursue as they have clearly avoided it in their response to this complaint. They alleged an unverified {$12.00}, XXXX. 

Thank you and looking forward to your response. 



XXXX XXXX.

Company response to consumer: Closed with explanation