Consumer complaint received 2018-04-12
Company: HW Holding, Inc
State: TX
Product: Debt collection
Sub-product: I do not know
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
Hunter Warfield claim I owe a debt to XXXX XXXX XXXX XXXX ( XXXX  ) XXXX. I asked them 30 days ago to remove the fraudulent debt on trumped up charges and then I told them I will sue them and make them solely responsible for sending mail to me concerning a fraudulent debt or mail fraud. I have tried to warn third-party collector to remove the negative item off of my credit report because I do not have a contract with them and that they don't have the right to collect any alleged debts from me on behalf of an alleged Creditor. This debt was conveniently filed on my birthday XX/XX/XXXX and hit my credit report in XX/XX/XXXXshowing " Late payments and closed '' at the same time. I gave them 30 days to comply with my request to remove fraudulent debt from my credit report, and a Cease and Desist from all collection activities 30 days ago today and gave them an additional 30 days to comply with the complete removal request. This collection agency is in violation of the FDCPA.

Typical FDCPA Violations Though the FDCPA is a very technical statute and there are hundreds of ways that the statute can be violated, we have listed some of the most common violations for your convenience.

These are violations of FDCPA from a collector : Call you before XXXX.

Call you after XXXX.

Call you at work more than once.

Call third parties ( the only person debt collectors can contact on multiple occasions apart from you is your spouse if you have one ) more than once to try to locate you.

Tell anyone else ( apart from your spouse ) that the collector is trying to collect a debt from you.

Contact you after you have written to the debt collector and asked them not to contact you Try and collect on a debt that is not valid [ you would be surprised to know that this happens very frequently usually the alleged debtor never owed the money or had settled the debt a long time ago and the debt collector is trying to double dip ].

Debt collectors can not lie to you or use deceptive methods in trying to collect a debt ( this is very vague and can be a great tool for you ).

Leave a message on an answering machine without saying that the collector is trying to collect a debt ; he must leave his name and his company.

Sue or even threaten to sue on a debt that you have not made a payment on for more than four years ( CA other states differ ).

Say or imply anything about arrest, going to jail, or the like.

Threaten to sue you when the collector has no intention of doing so [ this usually happens when you have been given a deadline to do something ( usually make a payment ) and if the deadline goes and they have not sued you, that is a violation ].

Threaten to garnish your wages without explaining that first the creditor must file suit and get a judgment.

Say or imply anything about taking cars, furniture, or any other property and putting liens against your property again a debt collector has to first sue you and obtain a judgment against you before it can do this.

Sue you on the debt except a ) where you live now or b ) where you entered into the debt agreement.

Embarrass you by saying things like : " You are a deadbeat ; why don't you pay your bills ; you are a disgrace ; why don't you get rid of your spending spouse. '' Things like that.

Use profane or other abusive language.

Shout, scream, or get angry with you.

Give the impression that the caller or his company has some connection with the government, the courts, the police, other law enforcement, etc.

Try to collect the wrong amount : add small fees, for instance.

Threaten to deposit a post-dated check, particularly when the collector knows you do not have the money to cover the check. Typical situation : " Give us a check to stop the calls and we will hold it. '' The perfect response to this should be : " The check is in the mail. '' Call you repeatedly. A call a week is OK. More than one call a week is harassment.

Certainly more than one call in the same day is an abuse, particularly if you hang up and the collector calls right back.

Call you or anyone else ( looking for you ), after the collector knows you have an attorney.

Ask you to pay more than you owe.

Ask you to pay interest, fees, or expenses that are not allowed by law.

Call at times the collector knew or should know are inconvenient.

Use or threaten to use violence if you don't pay the debt.

Threaten action they can not or will not take an example of this is when the statute of limitations has passed and they threaten you with a lawsuit when that it is not a remedy to the collector at law from XXXX XXXX XXXXFair-Debt-Collection-Practices-Act/Most-Common-FDCPA-Violations.shtml

Company public response: Company believes complaint represents an opportunity for improvement to better serve consumers
Company response to consumer: Closed with explanation