Consumer complaint received 2016-12-21
Company: CNG FINANCIAL CORPORATION
State: TX
Product: Debt collection
Sub-product: Payday loan
Issue: Taking/threatening an illegal action
Sub-issue: Threatened arrest/jail if do not pay

Complaint:
On XXXX/XXXX/XXXX a woman named XXXX XXXX contacted my mother at her home telephone number. She proceeded to tell my mother that she had a " felony '' case file in my name for a debt that was owed to " Check N Go '' from XXXX and that if I did not call her today to take care of the debt, the file would be turned over to law enforcement and I would be arrested. My mother called me and gave me XXXX phone number to contact her ( XXXX ) XXXX. I called XXXX XXXX at approximately XXXX CST on the XXXX. She answered the phone " XXXX XXXX '' took my information, and proceeded to ask me if I " knew what she was calling about ''. I informed her that I did indeed know her intent for calling although I was unaware of any outstanding debt owed to said company. She again referenced a " felony criminal case '' at which point I informed her that she was violating the Fair Debt Collections Practices Act by threatening to have me arrested or taken to jail. XXXX XXXX then became very short and said she would be transferring me to an attorney at their office. I was transferred to " XXXX XXXX '' who identified himself as " Attorney XXXX ''. XXXX XXXX then proceeded to tell me that he had a case on his desk that the " State of Texas '' had already picked up and that I was " facing XXXX criminal charges. XXXX XXXX and XXXX XXXX '' and that if I wanted to pay the entire balance of {$2100.00} for the " outstanding check and additional fees '' today then he would release a payment statement to me and would n't turn over my file to the " State '' on XXXX XXXX. He stated that if I did not pay them the entire balance before the XXXX that my case would be taken over by the state and a warrant would be issued for my arrest. When I asked for proof of the debt, I was told that I would receive that AFTER I paid off said supposed debt. He also repeatedly asked if I would like to make a statement or if I was able to prove that some sort of identity theft may have occurred. I told XXXX XXXX that I would have my attorney get in contact with him to discuss further. At that point he wished me luck and hung up. I then proceeded to contact the Texas Attorney General 's office regarding our call where I was informed that this is a very regular scam that occurs and the State of Texas does not have " debtors prison ''. I was told if I could get the name of the law firm, the physical address, and that I should look into said attorney. I was also advised to contact the FTC, OCCCC of Texas, and the CFPB. I called XXXX XXXX back and she said they were the law offices of XXXX and XXXX and were located in XXXX, Missouri. I then attempted to locate said law firm online using their phone number, name, location and was unable to locate anything. I also attempted to look up XXXX XXXX with the Missouri State Board to no avail. After speaking with my attorney ( who also told me it was a scam & that they violated FDCPA rules ) I decided to give XXXX XXXX one more chance to provide proof of debt before making my complaint. I tried to reach XXXX two more times on the XXXX. Both times went to voicemail that said " This is XXXX XXXX. '' I contacted the same phone number I had received for XXXX XXXX the morning of XXXX. " XXXX with investigations '' answered and was n't even sure an XXXX XXXX worked there. After yelling to someone in the background " Do we have an XXXX XXXX here? '' he proceeded to tell me that she did indeed work there, but was not in at the moment and could he help me. I again asked for proof of the debt, but he stated I needed to talk to the attorney again ( who he also named as XXXX XXXX ). I requested to speak with XXXX XXXX and also for his bar number. I was told he was n't in the office and they could n't release his number. I 'd have to " search the Missouri Bar online ''. I was then told XXXX XXXX would call me back in a few minutes. I have yet to hear from him again.

Company response to consumer: Closed with explanation