Consumer complaint received 2018-12-05
Company: Law Office of Michael J. Scott, PC
State: TX
Product: Debt collection
Sub-product: Credit card debt
Issue: Communication tactics
Sub-issue: Used obscene, profane, or other abusive language

Complaint:
I received a letter dated XX/XX/2018 from XXXX XXXX  XXXX XXXX. The letter was in demand for an unverified debt with a subtle disclaimer that states : no attorney with this firm has personally reviewed the particular circumstance of your account or made a determination as to the legal action at this time. 
According to the Fair Credit Reporting Section 609 ( a ) ( 1 ) ( A ), all debt collection agency are required by federal law to verify-through the physical verification of the original signed consumer contract-any and all accounts they post on a credit. Debt collectors are supposed to provide an original documentation ( a consumer contract with the signature on it ). 
XXXX XXXX XXXX responded to my letter of verification with a fraudulent printed bill without my signature or a contract. The letter produced by XXXX XXXX XXXX was dated XX/XX/2018. 
In the letter they stated they have verified the above-referenced debt. Then XXXX XXXX  XXXX stated a false non- existing communication that was intelligently crafted as : that the amount set forth in our previous communication reflects the balance of the obligation after all payments, credits, and offset have been applied. The question that was asked is : what was the previous communication? XXXX XXXX hereby clearly state that there was never a previous communication other than what was drafted above. XXXX XXXX XXXX is hereby in violation of the FDCPA section 806 which clearly states that collection agency can not use any kind of harassment or abuse. By falsely lying in a letter about a previous communication constitute emotional harassement to me, because it humiliates me and caused me emotional trauma which I would seek legal damages, I hereby state that XXXX XXXX XXXX are in violation with of FDCPA Section 806 with a fine of {$1000.00}. 
Again, on further examination of the bill sent by XXXX XXXX XXXX XXXX. XXXX XXXX XXXX claimed they represent XXXX XXXX XXXX. They claim XXXX XXXX XXXX is the owner and holder of the account. Here, XXXX XXXX state that XXXX XXXX XXXX has not produced any contract between XXXX XXXX XXXX  and XXXX XXXX naming XXXX XXXX XXXX as a party to such contract. XXXX XXXX repudiates any claim to such a contract existing. As there was no meeting of the minds, a necessary element of a valid contract, no contract exists. XXXX XXXX XXXX is not an assignee for the purported agreement, and XXXX XXXX XXXX has not produced any evidence that supports any related claims or assumptions. I hereby request such contract that name XXXX XXXX XXXX, XXXX. 
The reviewer for XXXX XXXX XXXX which is a debt collection company has failed to produce any document that shows that the original credit card company has named him ( XXXX XXXX XXXX ), or his collection company, as assignees, nor has XXXX XXXX XXXX  even shown that the original credit card company has any knowledge of his actions, or that the original credit card company has even given XXXX XXXX XXXX, or collection company, all rights and control. 
Most importantly, XXXX XXXX  XXXX need to produce how they conform to FCRA Section 605 ( c ), which states that collection agencies can not re-age an account by reporting date of last activity instead of first delinquency. 
XXXX XXXX XXXX need to provide XXXX XXXX the following answers. First, the itemized bill produced has no activity for the years produced. Explain why there was no activity and nothing was bought or used. 
Second, XXXX XXXX  XXXX should provide how they got a hold of the account and my name which was over 10years old and how they re-aged it to make it look like XX/XX/2018. 
Third, XXXX XXXX XXXX  should explain the transition method about the account that because it was with XXXX XXXX XXXX, then it was taken to XXXX XXXX XXXX XXXX XXXX and now XXXX XXXX XXXX. They all claimed to be representing XXXX XXXX   XXXX  with the non-existing account. Please explain how you got hold of my name in the account. 
Finally, XXXX XXXX  XXXX need to produce all the documents requested and compensate XXXX XXXX with the amount of {$2500.00} for false claim and emotional harassment resulting from it. 

Required evidence will be provided based on request. 
XXXX, XXXX

Company response to consumer: Closed with explanation