Consumer complaint received 2018-01-26
Company: Convergent Resources, Inc.
State: CA
Product: Debt collection
Sub-product: Other debt
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
A company that identified itself as " Convergent '' ( collections agency ), that calls from and answers phone number ( XXXX ) XXXX called me on XX/XX/XXXX at XXXX XXXX about a debt that they stated was from " XXXX ''. They never sent me any letter of a debt ( neither has XXXX ), and I have only been dealing with this and notified over telephone. THERE HAS BEEN NO PROOF THAT THIS EXISTS FROM ORIGINAL CREDIT OR THE COLLECTION AGENCY in writing, to determine why and how this even incurred. I also currently have XXXX as my phone carrier with a {$0.00} balance ( I pay my bills on time!!! ) ... they do not have access to any pertinent information. 

1 ) I let the person that called on XX/XX/XXXX at XXXX XXXX know that I did n't even know I owed a debt to XXXX, as I have a current account with XXXX and never received a bill or notification that a debt was owed. She was unsure why and I let the representative know that I would have to call her back ( I was driving and not able to look up any specific details, but my wife was witness to this phone call as it was on speakerphone and it should also be recorded as it was stated by the representatives for the company that " all calls are recorded '' ). The representative advised me that she would open a dispute to investigate this further, but advised me that this would be reported within 45 days of the company getting the account. This allows the company to report to the credit agency, even during a dispute that would result in, if done accurately, the agency finding out that this dispute is, in fact, relevant and non-frivolous. She assumed I was supposed to believe that this alleged debt was true, although I have not received or been sent anything in writing. 

2 ) On XX/XX/XXXX at XXXX XXXX, I called this company again to see what I could do about this debt, as I am trying to buy a house and did n't want the debt to report to my credit, even if I was n't sure why it existed in the first place. I wanted an idea of the options available for this specific alleged debt, before I did more research about the debt ( I am still unsure about its validity ). I was told that they would settle the amount for {$900.00} and some dollars, although the debt was approximately {$1300.00} as stated from a female representative. I told the representative that I was not able to do this. She then took personal information about my finances that I gave with absolutely no question, and the representative of the company returned stating they would " settle '' the debt for {$790.00}. She stated they would report it to my credit " on or about 45 days '', and would n't be able to verify that if I paid this unverifiable debt within 45 days that it would n't be reported on my credit. She stated they received the debt on XXXX XXXX, and could n't guarantee that it would n't be reported on XXXX XXXX, although the furnisher laws and FCRA state that the company requesting the information must only report information that they know is valid. The company stated that they would request to send a bill ( which I have n't received ) but the bill will get to me in 60 days ( although they are required to get the bill to me within 5 days in writing ) of proof of the debt. They stated by the time I get this bill, they would have already reported it to my credit, without verifying its accuracy. I let the representative know that I could n't do this right now ( as I wanted to do more research and do not want to pay a debt if it does n't exist ). She stated if I did n't pay it - they would n't settle with me or help me at all try to resolve this and that they would damage my credit. I ended the conversation on that threatening note. 

3 ) After this phone call, I spoke to a manager named " XXXX '' at XXXX XXXX and another representative named " XXXX '' at XXXX XXXX ( XXXX, call 1 ) and again at XXXX XXXX ( XXXX, call 2 ). XXXX told me to call back and see on that day in response to the information given in clause 2 of this complaint to avoid the debt from hitting my credit report. When I called XXXX at XXXX XXXX, I simply asked her to send me something in writing verifying this debt as I have not received anything. She stated that she has " 30 to 60 days '' to request something and get it sent out in writing, and would not send it via any other method. I immediately contacted my retained counsel, who told me to call back and advise the company that according to the Fair Credit Reporting Act, they have to get me this information within 5 days, and are not allowed to report to my credit until I have a chance to receive this information. I called back at XXXX XXXX and was transferred to XXXX again. I informed her what my counsel had said, whereas she began yelling at me in a threatening tone, that she was going to follow their " company 's policy '' which is in direct violation of the FCRA. 

4 ) This agency is practicing under their own policies that are a direct violation of laws in place to protect consumers. They are discriminating against consumers based on their personal financial information, and are assisting to " settle '' with clients that ca n't afford a debt, but are willing to damage credit to consumers who want to figure out how the debt even occurred and the validity of the debt if the consumer does n't pay it before they even send out the information proving that the debt is real. After giving them my personal financial information, they could only " settle '' for 60 % of what the debt was, versus other people who are getting the company to settle with them for as low as 25 % of the debt that they owed. This is clearly discrimination. As of today, XX/XX/XXXX, there are over 52 reviews on XXXX ( they have a one star rating due to their illegal and discriminatory practices ),  they have 226 reviews on https : XXXX ( they have a 1.3 star rating on this due to their illegal and discriminatory practices ), they have 66 reviews and 2.8 stars on the Better Business Bureau 's website ( due to their illegal and discriminatory practices ). They have 213 reviews and 1 star under their prior business name " XXXX XXXX  ''. The name change alone is misleading and a red flag to consumers. There are complaints from consumers stating this company calls for false debts that do n't exist, calls for debts that they promise not to report and after they receive payment will report anyway, and that the company will report debts from over 10 to 20 years and report it as a recent delinquency to impact and harm consumer 's credit. They are not following the FTC or the FCRA and need to be investigated. There are too many people being damaged by this company. It is the debt collector 's job to verify the debt, and they are too busy threatening to report the debt that they are n't even able to verify exists because they state they have to contact their internal department to " get the information from the original creditor ''. Should n't they have this information from the original creditor already? They are trying to report something that they do n't even have verifiable proof from the original creditor, are being told does n't exist. The law states they have to have " no reasonable doubt '' that the debt exists to report it and are not allowed to report inaccurate information. 

I am being threatened that Convergent will report to my credit and harm my credit if I do not pay a bill that they will not send me in writing. They will only state that I owe a bill telephonically, and expect me to believe them. They are going to report it months before they send me anything in writing ( which they will not be able to as this debt just does not exist ), and I believe are committing fraud. 

I need help to get this stopped so it does n't effect my credit, and so that other consumers do not have to deal with this sort of atrocity.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation