Consumer complaint received 2023-03-21
Company: Phoenix Financial Services LLC
State: OR
Product: Debt collection
Sub-product: Medical debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Threatened or suggested your credit would be damaged

Complaint:
On XX/XX/2023, we received a letter from Phoenix Financial Services LLC claiming that I had a debt they were collecting for. 

On XX/XX/2023, we responded with a letter asking for more information about the debt as we were unfamiliar with it and believe it was in error. 

" Why you think I owe the debt and to whom I owe it, including : The name and address of the creditor to whom the debt is currently owed, the account number used by that creditor, and the amount owed. 
If this debt started with a different creditor, provide the name and address of the original creditor, the account number used by that creditor, and the amount owed to that creditor at the time it was transferred. When you identify the original creditor, please provide any other name by which I might know them, if that is different from the official name. In addition, tell me when the current creditor obtained the debt and who the current creditor obtained it from. 
Provide verification and documentation that there is a valid basis for claiming that I am required to pay the debt to the current creditor. For example, can you provide a copy of the written agreement that created my original requirement to pay? 
The amount and age of the debt, including : A copy of the last billing statement sent to me by the original creditor. 
State the amount of the debt when you obtained it, and when that was. 
If there have been any additional interest, fees or charges added since the last billing statement from the original creditor, provide an itemization showing the dates and amount of each added amount. In addition, explain how the added interest, fees or other charges are expressly authorized by the agreement creating the debt or are permitted by law. 
If there have been any payments or other reductions since the last billing statement from the original creditor, provide an itemization showing the dates and amount of each of them. 

If there have been any other changes or adjustments since the last billing statement from the original creditor, please provide full verification and documentation of the amount you are trying to collect. Explain how that amount was calculated. In addition, explain how the other changes or adjustments are expressly authorized by the agreement creating the debt or permitted by law. 
Tell me when the creditor claims this debt became due and when it became delinquent. 
Identify the date of the last payment made on this account. 
Have you made a determination that this debt is within the statute of limitations applicable to it? Tell me when you think the statute of limitations expires for this debt, and how you determined that. 
Details about your authority to collect this debt. 
I would like more information about your firm before I discuss the debt with you. Does your firm have a debt collection license from my state? If not, say why not. If so, provide the date of the license, the name on the license, the license number, and the name, address and telephone number of the state agency issuing the license. 
If you are contacting me from a place outside my state, does your firm have a debt collection license from that place? If so, provide the date of the license, the name on the license, the license number, and the name, address and telephone number of the state agency issuing the license. '' Based on the information in their original letter this also appears to be medical related as the original creditor they list is XXXX XXXX XXXX. The fact that this is medical is important in reasons that we outline below. 

We have never received a response from the company and yesterday, XX/XX/XXXX, we got a credit alert that we were now in collections with Phoenix Financial Services. 

Due to our understanding we believe Phoenix Financial Services has inappropriately and illegally ( per the FDCPA and California law ) done the following : 1. Filed to the Credit Reporting agencies as Collections while the account was properly In Dispute, thereby harming our Credit. Per FDCPA, debt collection agencies must not file a credit report as anything but In Dispute in the current case we are in. 
2. Filed to the Credit Reporting agencies without providing requested information when we followed their exact process outlined in their initial letter to us.

3. Attempting to collect medical debt when California law dictates that this can not occur after 4 years.

Company response to consumer: Closed with explanation