Consumer complaint received 2017-09-19
Company: CAINE & WEINER COMPANY, INC.
State: NJ
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
I am providing a ( somewhat redacted, in order to comply with your requirements ) a copy of an e-mail message sent to XXXX XXXX, a representative of the Caine-Weiner company. It lays out the basis of my complaint. A copy of the message was also sent to XXXX XXXX, the president of the company. 

I have, in all sent three letters and 4-5 e-mail messages. None of the letters have ever received what could be described as an adequate response. '' With the e-mails, just two " automated response '' replies were received : the promised follow-up never arrived. 

I do n't understand what useful purpose can be served by sending notices to my home, other than perhaps as an inference that I played an active part in the fraudulent use of my credit card number ( NOT the card! Just the name and number! ). 

To : XXXX Cc : XXXX Subject : COMPLAINT! C & W Account # XXXX My name is XXXX XXXX, and I reside at ** XXXX XXXX, XXXX, XXXX. 

I am writing in connection with the account referenced above ( where the Creditor is XXXX XXXX, their account number is XXXX XXXX, and the amount that you are seeking to recover is {$870.00}. 

I have received three ( 3 ) separate letters from your company that are addressed to XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX. 

I ignored the first one, feeling that it had perhaps been misaddressed. But I did put in the sufficient time and effort to explain, in the clearest and simplest terms, to your XXXX XXXX XXXX that he had sent a letter to an address where XXXX XXXX , not only does not currently reside, but actually never has resided at. 

In addition to providing XXXX XXXX with this rather clear and to the point information, I also advised him that I was not related to anyone in the XXXX family, did not know anyone in the XXXX  family ( XXXX included ), and did not believe that anyone I knew also knew anyone in the XXXX family, and so forth. 

I also made it clear to XXXX XXXX in my first letter ( sent back in XXXX ), that I never gave my credit card to XXXX XXXX, never gave the information on the card to XXXX XXXX , and also never authorized XXXX XXXX ( or anyone else, for that matter ) -- in any way, shape or form -- to use my credit card to make the purchase at XXXX XXXX ( or anywhere else ). 

While I have absolutely no idea how XXXX XXXX came to have this information he apparently did, I most certainly do know this : he didnt get it from me! 

When the charge appeared on my credit card, I immediately contacted XXXX XXXX and protested the charge. Their Fraud Department conducted an investigation, determined that what I was reporting to be the truth, and did a charge-back to the account of your client, XXXX XXXX. 

I have also reported the matter to my local Police Department. 

My quick checksonline and telephone companyindicates that the address shown on the material furnished to you by your client ( as being the name and the address of the person to whom the item was shipped to ) is correct : XXXX XXXX resides at XXXX XXXX XXXX, XXXX NJ . 

XXXX XXXX XXXX! NOT XXXX XXXX XXXX! 

My XX/XX/XXXX letter to XXXX XXXX not only never received the prompt response that I believe both the law in matters such as this requires, but that good business practices as well should call for. 

Neither was my letter returned to me as being Undeliverable ( and, yes, a return address label was attached to the envelope ), so the assumption that it was actually received by your company would seem to be a correct one. 

Despite the fact that I have put considerable time and effort into the matter, what I got in return from your company was yet another lettera third onesent by your XXXX XXXX to my address just recently. 

You most certainly should be able to well imagine how upsetting the entire matter of having someone improperly gain access to your credit card information is. To then have someone like your XXXX XXXX here rather just mindlessly grind out letters that get sent to my home is ( to use a rather old but still very true expression ) " little more than adding insult to injury! 

Yesterday, I placed my written response to the third letter in the mailbox. As you might well be able to imagine, I have, by now, grown very weary of your seeming effort to just ignore the information that your company has before it both from your client as well as from me. 

STOP IT! 

Properly train and instruct your employees on how to, not merely read what it is that people send to them in their letters, but to make certain they are give close attention to the laws, statutes, rules and regulations, etc. that exist, on both the state and the federal levels, for the protection of not just consumers, but to also those others whom collection companies might come into contact with as well. 

Limit your efforts to collect whatever debt you feel might be owed to your client to the actual address ( addresses ) where XXXX XXXX now lives ( or may have at one time lived ). 

DONT SEND YOUR LETTERS TO MY HOME! 
- - - - - - - - - - - - - - - None of the letters have ever received what might be generally regarded as being " an adequate response. '' Just two " automated responses '' were made to the e-mail messages sent, but no effort to actually provide the response alluded to was ever made. 

I do n't understand why the company continues to send letters to my home after having received repeated efforts to discontinue the practice. I believe that any objective review of the matter will clearly demonstrate is no sound foundation -- in either the law or the facts of the matter -- -- for them to do what they have been doing here. 

The only conclusion I can come up with is that they have convinced themselves that XXXX XXXX might actually be hiding down in my cellar somewhere, or that I played a part in the fraudulent use of my credit card information. 

In short, I do n't believe they 're making a bonafide effort to act in the manner that " good business practices '' -- and the law -- calls for.

Company response to consumer: Closed with explanation