Consumer complaint received 2017-05-24
Company: Phoenix Financial Services LLC
State: NY
Product: Debt collection
Sub-product: Medical debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
PHOENIX FINANCIAL SERVICES Date Opened : XX/2017 Account : XXXX Amount : {$420.00} Office of the CFO, Thank you for your recent inquiry. This is not a refusal to pay, but a notice that your claim is disputed. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please complete and return the attached disclosure request form. Please be advised that I am not requesting a verification that you have my mailing address, I am requesting a validation : that is, competent evidence that I have some contractual obligation to pay you. Being that this was due to identity theft you are reporting negative information on my account that is not mine which is in direct violation of the FCRA section 605B. You should also be aware that sending unsubstantiated demands for payment through the United States Mail System might constitute mail fraud under federal and state law. Your failure to satisfy this request within the requirements of the Fair Debt Collection Practices Act will be construed as your absolute waiver of any and all claims against me, and your tacit agreement to compensate me for costs and attorneys fees. Lastly, I hereby withdraw any prior consent, either expressed or implied, for you to communicate with me in any form other than writing. In the event that you can not properly validate the debt, then you are demanded to cease and desist communication in all forms regarding this matter. Any communication from you and/or any agents, subsidiaries, etc., will be regarded as willful negligence along with any other applicable violation ( s ) and prosecuted to the full extent of the law if deemed necessary. Govern yourself accordingly. Sincerely, XXXX XXXX CREDITOR DISCLOSURE STATEMENT Name and Address of Collector ( assignee ) : Name and Address of Debtor : Account Number ( s ) : What are the terms of assignment for this account? You may attach a facsimile of any records relating to such terms. Have any insurance claims been made by any creditor been made by any creditor or assignee regarding this account? Yes /no Has the purported balance of this account been used in any tax deduction claim? Yes / no Please list the particular products or services sold by the collector to the debtor and the dollar amount of each : Upon failure or refusal of collector to validate this collection action, collector agrees to waive all claims against the debtor named herein and pay debtor for all costs and attorney fees involved in defending this collection action. X Authorized signature for Collector Date Please return this completed form and attach all assignment or other transfer agreements that would establish your right to collect this debt. Your claim can not be considered if any portion of this form is not completed and returned with the required documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. If you do not respond as required by this law, your claim will not be considered and you may be liable for damages for continued collection efforts.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation