Consumer complaint received 2020-05-08
Company: Weber & Olcese, PLC
State: MI
Product: Debt collection
Sub-product: I do not know
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
On XX/XX/2020, Claimant sent a validation of debt in response to an entry made on Claimant 's Credit Report to Respondent as follows : I neither affirm, nor deny this purported debt. You claim I owe your company [ {$1300.00} ]. This letter is being sent to you in response to an entry made on my Credit Report. Please be advised that this is not a refusal to pay the debt, but a notice sent pursuant to the Fair Debt Collection Practices Act, 1 : USC 1692g Sec 809 ( b ) that your claim that I owe you money is disputed, and validation is requested.

Under the Fair Debt Collections Practices Act, I have the right to request validation of the debt you say I owe you. I am requesting proof that I am the correct party, and there is some contractual obligation which is binding on me to pay this debt. This is NOT a request for verification via E-Oscar or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section of the Fair Debt Collection Practices Act. 

Reporting inaccurate and unsubstantiated information to a credit reporting agency Garnisheeing via Third Party Withholding Unit Michigan Department of Treasury may constitute fraud under federal law. Compliance with this request is required under the laws of state and federal statutes. 

Debt validation includes the following : 1. Who was the original creditor on this account, and what was the account number?

2. What was the original amount owed? Please provide a complete payment history, starting with the original creditor.

3. Please provide me documentation that indicates that I agreed to pay someone this sum of money.

4. What was the original date of delinquency for this account?

5. Agreement that grants you the authority to collect on this alleged debt, or proof of acquisition by assignment.

6. What did you pay for this account, and how did you calculate the current amount owed?

I require compliance with the terms and conditions of this letter within 30 days of your certified receipt, or a complete removal from my credit profile, in writing, of your claim. In the event of noncompliance, I reserve the right to file charges and/or complaints with the FTC, and appropriate county, state, and federal authorities. I also hereby reserve my right to take private civil action against your company for breach of the duty of good faith and fair dealing by interfering with or failing to cooperate in the other partys performance.

The Duty of Good Faith and Fair Dealing. Every contract contains an implied duty of good faith and fair dealing. This duty requires that neither party will do anything that will destroy or injure the right of the other party to receive the benefits of the contract. 

In addition, the Fair Credit Reporting Act states that while this item is being investigated you must indicate to the bureau that the account is under dispute and will remove/cease from reporting this information to the Credit Reporting Agency until full validation has been completed.

I have sent a copy of this request for validation to the three national Credit Reporting Agencies to begin their 30-day investigational process concurrent with your investigation. 



Today, XX/XX/2020. I state that I have previously sent respondent a request to validate my debt under the Fair Debt Collection Practices Act and all I received was a Notice of Income Tax refund Used for Debts and Garnishment Disclosure, dated XX/XX/2020, issued by the Michigan Department of Treasury, noticing Claimant that The Michigan Department of Treasury is holding Claimant 's income tax refund for the tax year listed above based on the debt ( s ) owed to XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, based on a garnishment. This does not meet the Federal Trade Commissions guidelines of what constitutes proper debt validation. 15 U.S.C. 1692g ( b ).

Company response to consumer: Closed with explanation