Consumer complaint received 2023-03-08
Company: Aspen National Financial, Inc.
State: PA
Product: Debt collection
Sub-product: Other debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
XX/XX/XXXX Aspen National Collections ( Aspen ) sent a collection letter in the amount of {$3800.00} ( original creditor : Vacation Village {$3100.00} plus Aspen Fees {$770.00} ( 25 % fees ) Aspen interest XXXX ). 
XX/XX/XXXX Consumers disputed alleged debt via email, within the required 30 days. Requested validation of debt including signed Contract and advised Aspen said fees in the amount of 25 % are erroneous and without validation. 
XX/XX/XXXX Aspen sent another collection letter in the amount of {$3900.00} ( adding additional fees ). Aspen and Vacation Village have not validated the debt as requested. Aspen failed to provide requested signed Contract showing it is allowed to charge erroneous fees, interest and/or collect any amount of alleged debt. Aspen stated it provided : 1 ) Warranty Deed showing responsibility to pay, Aspen did not ; 2 ) Bylaws showing responsibility. Said bylaws are standard from XXXX and not signed by and/or specific to consumer ; and 3 ) A copy of Florida Statutes that show your obligation to cover collection fees. Said Florida Statute does not show Aspen is permitted to charge unreasonable fees @ 25 %. Aspen used false, deceptive and misleading practices. 

XX/XX/XXXX Consumers disputed for a 2nd time via email. Again requested signed Contract. Aspen did not provide signed Contract. 
XX/XX/XXXX Applied for an auto loan and was denied. Requested a copy of XXXX credit report and discovers that Aspen has reported negative information on XX/XX/XXXX to husband 's report only. Disputed Aspens unvalidated report with XXXX and the negative reporting was deleted on XX/XX/XXXX by XXXX. Aspen was unable to validate alleged collection amounts due to Vacation Village and/or Aspens erroneous fees/interest totaling {$3900.00} ( {$880.00} of {$3900.00} is Aspens increased fees ). In an attempt to avoid statute of limitations, Aspen also reported an open date of XX/XX/XXXX to XXXX. Aspen is fully aware the open date is the date Vacation Village claims consumer 1st became past due of alleged debt, not the date Aspen 1st contacted consumer. 
- Aspen willfully violated the FCRA by reporting information it knew was inaccurate, misstating the balance due, reporting old debt as re-new debt and failing to notify consumer negative information was reported to XXXX. 
- Aspen willfully violated the FDCPA by attempting to collect a debt not expressly authorized in the underlying debt contract, using deceptive, unfair and unreasonable means to collect a debt and charging a percentage collection fee of 25 % that are erroneous and not authorized by contract or state ( s ) law. Aspen and Vacation Village are fully aware that a signed Contract does not exist between Vacation Village and Consumers. 
- Aspen willfully violated the FCCPA Fla. Stat. it referenced by threatening to enforce a debt it knows is not legitimate and assert the existence of a legal right when Aspen is aware they do not have the right. Vacation Village ( managing entity ) and Aspen have not provided signed Contract upon request as required by Florida Timeshare Act and Statute.

Company response to consumer: Closed with non-monetary relief