Consumer complaint received 2019-03-29
Company: Diversified Consultants, Inc.
State: CA
Product: Debt collection
Sub-product: Other debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was paid

Complaint:
I have been trying to fight a collection that keeps popping up on my credit report for years. I have spoken with XXXX who is the originator of the account and several collection agencies who have attempted to collect the account in the past. Every time I fight with anybody who tries to collect it, they end up quitting because they can't find proof that makes this debt legitimate and ends up cancelling the account. The problem is the account ends up with another agency a year later. 

Recently I inquired about a mortgage and found out this account is once again on my credit report with a collection agency named Diversified Consultants. Because I was so tired of dealing with this account, I finally had my Husband XXXX call in as he's not tied to the problem and would have a more level head when dealing with this collector. XXXX spoke with a representative named XXXX. He explained the situation to her to try and figure out why this bill was owed and received responses that made absolutely no sense. 

XXXX told XXXX we had completed our 2 year contract and had terminated our services in accordance with the contract therefore we were confused as to why the bill was owed. XXXX said the charges were for {$100.00} early termination fees as well as non payment. XXXX said the final payment made was XX/XX/XXXX of XXXX for {$100.00}. The delinquency date was XX/XX/XXXX for non payment. That in itself makes no sense. If payment was made XX/XX/XXXX then why would it go delinquent for non payment on XX/XX/XXXX? It was at this point my husband informed her early termination fees were not {$100.00} but were several hundred. That amount did not make sense either. XXXX then stated the early termination fees were prorated depending on how much time was left on the contract to which my husband then asked when the contract originated. XXXX stated the contract began on XX/XX/XXXX. You don't need to be a rocket scientist to know that 2 years after XXXX of XXXX is XX/XX/XXXX. Anything after that is a month to month service. XXXX informed XXXX the same thing. What XXXX replied then just proved she didn't care of was not trying to help in any way but was simply playing collector. 

XXXX told XXXX that after the 2 year contract completes, the contract renews another 2 years automatically. Not only is that not true according to XXXX 's own terms and conditions which I will provide, but now XXXX violated the Fair Debt Collection Practices Act 807. False or Misleading representations. " A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt ... '' Not only did she lie about how XXXX terms and conditions work, but she tried to convince me of her lie to try and get us to pay by then saying " You can call XXXX to confirm the same information sir. I don't have a reason to lie to you we are only working on their behalf. We're a third party. '' After some more deliberation she then repeated herself by stating that if we agree to continue services we agreed to renew the 2 year contract. In other words, she continued to push her lie just to try and convince us this debt was valid. That is a clear violation of the F.D.C.P.A. Not only the subsection I already listed, but also 809. Validation of debts. By her own admission and records, there is no early termination fee and to attempt to collect it is fraud, malice, and harassment as well as violation of the the law. There was obviously more arguing back and forth and ultimately, XXXX showed her true colors when it was apparent we weren't going to get anywhere with her. XXXX asked her for her supervisor. XXXX continued using her shady collector tactics by using wordplay to try and cut us off from the phone instead of attempting to assist us. When we began asking for a manager or supervisor, XXXX informed us she was the " manager. '' Because I've dealt with many collectors in the past over this same account and have grown accustomed to their tactics, I urged XXXX to ask if she was an actual person of authority or just a collector 's assistant who " manages '' an account. It was the latter of course. Not only did she opt not to transfer us, but then said there was no supervisors on the floor because they were in overtime and after hours. Ultimately, she was doing everything possible to stymie us and not help us in any way. 

I am filing this complaint because I am tired of dealing with this account. Not only is this collector not following the laws to collect on this debt, but XXXX is committing fraud by continuously reassigning this debt to other collectors. By the way, XXXX admitted she is the 4th collection agency this account has been placed under. She was advised we have been fighting this account for the same reason and no other collector has been able to verify this account. XXXX still refused to provide any meaningful help and simply said she will place this account on dispute status and ask for paperwork from XXXX knowing full well they have yet to provide anything to any other prior collector.

Company response to consumer: Closed with explanation