Consumer complaint received 2021-03-25
Company: Gurstel Law Firm, P.C.
State: SC
Product: Debt collection
Sub-product: Other debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
To Whom It May Concern : Id like to make a formal complaint against XXXX XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX, IL XXXX and Gurstel Law Firm, P.C., XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX, UT XXXX. 

On XX/XX/XXXX, I was contacted by XXXX XXXX regarding a business loan that defaulted in XXXX. The business loan was under the business name of XXXX XXXX, XXXX. The transaction was conducted between XXXX XXXX and XXXX dba XXXX XXXXXXXX. After doing some research, I was able to find that XXXX XXXX purchased a bulk amount of defaulted loans from XXXX XXXXXXXX. 

On XX/XX/XXXX I was contacted by Gurstel Law Firm regarding the same debt stating that I owed the debt as a personal guarantor. The debt was also placed on my personal credit reports at that time. 

Shortly thereafter, I disputed the information on my credit reports as this debt is not personal nor was it defaulted on in XXXX as they so made it appear. The results were not favorable as each agency relied on what XXXX XXXX provided. 

I disputed my credit report again in XX/XX/XXXX and provided evidence of the above and the credit agencies again failed to remove the inaccurate information from my reports. 

On XX/XX/XXXX I was served at my home by an unidentified man with court papers from the state of Utah. XXXX XXXX is filing suit against me in Utah and not South Carolina under a XXXX & XXXX clause that is listed in the business agreement. However, the original business agreement was signed between XXXX XXXX and XXXX XXXX, not XXXX XXXX. XXXX XXXX was not involved in the transaction and purchased the debt in XXXX from XXXX XXXXXXXX. No business relationship exists between XXXX XXXX and XXXX XXXX nor does a personal relationship exist between XXXX XXXX and XXXX XXXX. 

I believe that XXXX XXXX and Gurstel Law Firm are practicing unlawfully due to the following : 1. XXXX XXXX is representing that they are the original debtor. They are not. 
2. XXXX XXXX is representing that this debt defaulted in XXXX whereas it defaulted in XXXX. 
3. It has been seven years since the debt defaulted, so this should not be reported on any credit report, business or personal.

4. XXXX XXXX is pursuing this as a personal debt whereas it is a business debt. 
5. XXXX XXXX XXXX is a Limited Liability Company and is responsible for its own debts. 
6. As per XXXX XXXX Articles of Organization, the members are not liable for the companys debts or obligations.

7. The application for the XXXX XXXXXXXX loan, dated XX/XX/XXXX, was applied for using the business name as it was for business equipment. 
8. The Business Loan Agreement, dated XX/XX/XXXX, is between lender ( XXXX XXXX ) and XXXX XXXX XXXX ; the debt buyer has this listed on my personal credit report as an individual debt, which it is not.

9. Pursuant to South Carolina law, the statute of limitations has passed for XXXX XXXX to seek judgment or civil suit against XXXX XXXX, let alone XXXX XXXX ; the law states three years after the loan defaulted. The loan defaulted in XXXX. XXXX XXXXXXXX had until XXXX to pursue legal action. 

XXXX XXXX XXXX

Company response to consumer: Closed with explanation