Consumer complaint received 2020-09-08
Company: Williams & Fudge, Inc
State: CA
Product: Debt collection
Sub-product: Private student loan debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX 
XXXX XXXX, CA XXXX XXXX : XX/XX/XXXX SS # : XXXX WILLIAMS AND FUDGE INC XXXX XXXX XXXX XXXX XXXX ( XXXX ) XXXX To Whom It May Concern, There is no possibility that this is my debt. My name is XXXX XXXX XXXX at XXXX XXXX XXXX XXXX XXXX, CA XXXX. I have attached my Drivers License for address verification. It can not be possible that your debt is attached to my identity at this address. Please delete this collection account immediately. 
I'm sure you are aware of the provisions in the Fair Debt Collection Practices Act ( FDCPA ), and I am requesting validation of this debt. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation which is binding on me to pay this debt. I request that you cease contacting me via telephone and all future correspondence by writing. To refresh your memory on what constitutes legal debt validation, I am providing you a list of the required documentation : Complete payment history, the requirement of which has been established via XXXX v XXXX XXXX XXXX XXXX ; XXXX XXXX. XXXX. XXXX XXXX. Agreement that bears the signature of the alleged debtor wherein he/she agreed to pay the original creditor.

Letter of sale or assignment from the original creditor to your company. ( Agreement with your client that grants you the authority to collect on this alleged debt. XXXX v. XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX  ( D.Conn., XXXX XXXX, XXXX ) - Information relating to the purchase of a bad debt is not proprietary or burdensome. Debtor must phrase their request clearly to obtain : The source of a debt and the amount a bad debt buyer paid for plaintiff 's debt, how amount sought was calculated, where in issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt. 
Intimate knowledge of the creation of the debt by you, the collection agency. 
As I am sure you are aware, under FDCPA Section 809 ( b ), you are not allowed to pursue collection activity until the debt is validated. You should be made aware that in TWYLA BOATLEY, Plaintiff, vs. DIEM CORPORATION, No. CIV 03-0762 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA, 2004, the courts ruled that reporting a collection account indeed is considered collection activity. 
While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FDCPA. I look forward to a speedy resolution of this matter. 
This letter is a formal complaint that you are reporting inaccurate and incomplete credit information. 
I am distressed that you have included the information below in my credit profile and that you have failed to maintain reasonable procedures in your operations to assure maximum possible accuracy in the credit reports you publish. Credit reporting laws ensure that bureaus report only 100 % accurate credit information. Every step must be taken to assure the information reported is completely accurate and correct. The following information therefore needs to be re-investigated. 
According to the Fair Credit Reporting Act, 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 that you post on a credit report. Otherwise anyone paying for your reporting services could fax, mail or email in a fraudulent account. 
I demand to see verifiable proof ( i.e. : an original consumer contract with my signature on it ) that you have on file for the account listed below. 
Your failure to positively verify these accounts has hurt my ability to obtain credit. Under the FCRA, unverifiable accounts must be removed and if you are unable to provide me a copy of verifiable proof, you must remove the account listed below. 
I demand that the following accounts be verified or removed immediately : Account Name William and Fudge Account # # # # # # XXXX I respectfully request to be provided proof of this alleged item, specifically the contract, note or other instrument bearing my signature. 

Failing that, the item must be deleted from the report as soon as possible. This information is entirely inaccurate and incomplete, and as such represents a very serious error in your reporting. Please delete this misleading information and supply a corrected credit profile to all creditors who have received a copy within the last six months, or the last two years for employment purposes.

Under federal law, you have thirty ( 30 ) days to complete your investigation. Be advised that the description of the procedure used to determine the accuracy and completeness of the information is hereby requested as well, to be provided within fifteen ( 15 ) days of the completion of your investigation. 
Thanks for your help in this matter, XXXX XXXX XXXX Attached : Drivers License Copy 1 page

Company response to consumer: Closed with explanation