Consumer complaint received 2017-04-24
Company: ERC
State: MI
Product: Debt collection
Sub-product: Other debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
I would like to file a complaint against ERC. I received a letter in the mail on   XXXX   XXXX   XXXX     from ERC alleging that I had an balance of {$870.00} with  XXXX  that remains unpaid and therefore my account has been placed with ERC for collection efforts. I was offered  3  different settlement options to settle the debt, unless I dispute the validity of the debt or any portion within 30 days after receipt of the notice or else the debt will be assumed to be valid by them ( ERC  ) . I sent a validation of debt request letter   XXXX   XXXX   XXXX     by certified mail and the expected date of delivery was   XXXX   XXXX   XXXX     within the 30 days of receiving their letter. By law they have 30 days to respond with validation. Today is   XXXX   XXXX   XXXX   pass the 30 days I still have no validation as promised and they are still reporting this derogatory mark on my credit as of   XXXX   XXXX   XXXX   I have now sent ERC a Sworn Affidavit of Denial by certified mail scheduled to be delivered today   XXXX   XXXX   XXXX     also ; but if ERC offices have or continue to report invalidated information to any of the  three  major credit bureaus (  XXXX ,  XXXX ,  XXXX   XXXX  ), this action might constitute fraud under both federal and state laws. Due to this fact, if any negative mark is found this is suppose to be Violation of the Fair Debt Collection Practices Act and Defamation of Character. I have had my identity stolen before so that 's why I 'm seeking validation which by law I have a right and by law ERC has a right to provide accurate proof which they have failed to do.     Please beware that there are times that the debt is also used as a tax loss by the original creditor in this case  (   XXXX  ). That means the debt can not be collected at a later time as the collector would then obtain  UNJUST ENRICHMENT.  If, the debt can not be verified and validated by the debt collector  ( ERC )  and the collector  ( ERC   )  continues collection activity  I may  have grounds to sue under the FDCP.     When collection agencies are buying debt as an investment . Well  that is what that little thing called  Unjust Enrichment  means and can be used in the court of law, if I ever needed to take it that far. An example o f Unjust Enrichment i s when a collection agency like  ( ERC ) b uys a {$10000.00} debt for {$200.00} dollars, then conspires to reap benefits by denying consumers validation of debt request in a scheme to artificially inflate the balance due by adding penalties and interest of up to  200 or 300  percent. How can they be entitled to anything over the {$200.00} dollars they spent? How can ( ERC  XXXX  be entitled to {$870.00} when they more than likely purchased the debt for a lot less maybe even pennies on the dollar. This is a bad business practice, that 's why I need verification and validation. It was an investment to them and they rely on the consumers ignorance, financial distress and lack of legal representation to secure a judgment.     The Fair Debt Collection Practices Act supports my right to demand a validation and verification of debt, documentary proof that I owe exactly what is claimed. The  Act  places this right in such high regard that the collector is prohibited from taking any collection action until the validation and verification is provided which it was n't. So If they do not, I can sue for a violation. To prove this is my debt in the letter I sent said can ( ERC  )  please provide ALL of the following : Agreement with your client allegedly (  XXXX  ) that grants you the authority to collect on this alleged debt.     Agreement that bears the signature of the alleged debtor wherein  ( I  )  XXXX   XXXX  agreed to pay the creditor.     Any insurance claims that have been made by any creditor regarding this account.     Any Judgments obtained by any creditor regarding this account.     Name and address of alleged creditor.     Name on file of alleged debtor.     Alleged account number.     Address on file for alleged debtor.     Amount of alleged debt.     Date this alleged debt became payable.     Date of original charge off or delinquency.     Verification that this debt was assigned or sold to collector.     Complete accounting of alleged debt.     Commission for debt collector if collection efforts are successful.     ERC claim CAN NOT and WILL NOT be considered if ANY portion of the above is NOT COMPLETED and returned with copies of ALL requested documents above. I am not saying this is my debt or denying this is my debt I just want verification and validation. According to Michigan law, your creditor has up to 6 years  ( f rom the date of your last payment ) to collect on a debt, including obtaining a judgment on the debt. So if this alleged debt is past 6 years from the last payment with the original creditor and if ALL of the following documents above ca n't be provided proving this debt is valid I would like all collection efforts to cease and desist and this account to be REMOVED from their ( ERC  ) system  IMMEDIATELY ; and a submitted deletion requests to the appropriate reporting agencies  (   national cre dit bureaus  ) s o this derogatory mark is removed from my credit report and something in writing sent to me that the deletion has been made.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation