Consumer complaint received 2019-05-22
Company: BERKSHIRE HILLS BANCORP, INC
State: CA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account status incorrect

Complaint:
XXXX XXXX XXXX XXXX XXXX XXXX, CA XXXX TO : BERKSHIRE BANK XXXX XXXX   XXXX XXXX XXXX  XXXX XXXX XXXX, CA XXXX ( XXXX ) XXXX XX/XX/2018 Re : Acct XXXX To Whom It May Concern : This letter is regarding a negative inaccurate account or accounts, which you claim I owe your company {$50.00} and This is a formal notice that your erroneous claimS are now disputed. This was originally a pre paid credit card. If anything they owe me {$500.00}, if they can prove this is mine. I never had a card with this company. 

I am requesting validation, made pursuant to the Fair Debt Collection Practices Act and the Fair Credit Reporting Act, along with the corresponding local state laws. 
Please provide me with the following : 1. PROOF OF PAYMENT AGREEMENT I MADE WITH XXXX, NOT BERKSHIRE BANK which I BERKSHIRE BANK have no knowledge of anyways. I want a wet ink signature between myself and your company, proving I owe YOU this or any debt you have in my name. 
2. What the money you say I owe is for 3. Explain and show me how you calculated what you say I owe? 
4. Provide me with copies of any papers that show I agreed to pay what you say I owe : 5. Provide a verification or copy of any judgment if applicable : 6. Identify the original creditor : 7. Prove the statute of Limitations has not expired on this account 8. Show me that you are licensed to collect in my state 9. Provide me with you license numbers and Registered Agent 10. Please note that I am requesting validation that is competent evidence bearing my signature, showing that I have ( or ever had ) some contractual obligation to pay you 11. Provide Me The names, addresses, and telephone numbers of each person who personally verified this alleged account, so that I can inquire about how they verified without providing any proof TO ME. 
12. Provide the documented proof that you ever gave me notice of the charge off per FCRA LAW 623 ( A ) ( 4 ), 13. Provide the actual charge off date and as stated you must in FCRA LAW 623 ( A ) ( 5 ) A person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall notify the agency of the date of delinquency on the account, which shall be the month and year of the commencement of the delinquency on the account that immediately preceded the action 14. Be advised that the method of validation is hereby requested along with the procedure used to determine the accuracy and completenesss of the information is hereby requested. 

As per FTC opinion letter from Attorney General XXXX XXXX XXXX, you should be aware that a printout of a bill or itemized document does not constitute verification. 

Additionally, please provide the names, addresses, and telephone numbers of each person who personally verified this alleged account, so that I can inquire about how they verified without providing any proof, bearing my signature? 

Please also be aware that any negative mark found on my credit reports including ( XXXX, XXXX, XXXX ) from your company or any company that you represent, for a debt that I dont owe, is a violation of the FCRA & FDCPA ; therefore, if you can not validate the debt, you must request that all credit reporting agencies delete the entry. 
Pending the outcome of my investigation of any evidence that you submit, you are instructed to take no action that could be detrimental to any of my credit reports. 

Failure to respond within 30 days of receipt of this certified letter may result in small claims legal action against your company at my local venue. 
I would be seeking a minimum of {$1000.00} in damages per violation : Defamation Negligent Enablement of Identity Fraud Violation of Fair Debt Collection Practices Act ( including but not limiting to Section 807-8 )  Violation of the Fair Credit Reporting Act ( including but not limited to Section 623-b ) Please Note : This notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status. 

My Contact Info is as follows : XXXX XXXX XXXX XXXX XXXX XXXX, CA XXXX

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