Consumer complaint received 2022-12-08
Company: WAKEFIELD & ASSOCIATES, INC.
State: TN
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
I am XXXX XXXX and I am submitting this complaint myself with no third party involved. I, XXXX XXXX, the consumer, natural person, and original creditor received a collections alert on all of my consumer reports along with a letter from Wakefield & Associates. Pursuant to 15 USC 1692 ( a ) ( 6 ), Wakefield & Associates, is in fact a debt collector. Pursuant to 15 USC 1602, I know that my Social Security Card/Number is in fact a credit card under my open-end credit plan. I am also aware of the FDCPA ( Fair Debt Collection Practices Act ), and the abusive, deceptive, and unfair debt collection practices that are used by many debt collectors to prey on consumers who do not know their rights ; including Wakefield & Associates. The Fair Debt Collection Practices Act was put in place by congress to protect consumers such as myself, from illegal activities used by debt collectors such as Wakefield & Associates. Pursuant to 15 USC 1692, Wakefield & Associates, is in violation of several Fair Debt Collection Practices Act laws by contacting me and furnishing my information with other third parties about a debt that I DO NOT owe them. Pursuant to the FDCPA, Wakefield & Associates is now civilly liable to me in the amount of {$1000.00} per violation. Before I go into the violations, I want to make it very clear that I DID NOT, DO NOT, and WILL NOT give Wakefield & Associates any of my personal information or permission to use, share, or publish ANY of my information in ANY WAY! Any use or sharing of my personal information, including my SSN, by Wakefield & Associates without my written consent directly to Wakefield & Associates is unauthorized use, fraud, extortion, and aggravated identity theft. In the event that my information is used or has been shared by Wakefield & Associates with any third party including credit reporting agencies and is not immediately deleted from their system with proof sent to my mailing address of the deletion request, I will not hesitate to seek legal action against Wakefield & Associates for all violations of the FCRA, all violations of the FDCPA, identity theft, extortion, unauthorized use, defamation of character, fraud, court cost, attorney fees, all present and future loss of credit opportunities, and monetary relief for all damages/injuries sustained due to their actions such as but not limited to the following : XXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX. XXXX. Wakefield & Associates is in violation of 15 USC 1692 ( e ) ( 2 ) ( a ). They are misrepresenting the character and amount of an " alleged debt. '' They are claiming that I owe them {$1000.00}, when in fact according to congress, I know that I DO NOT owe them anything because I am the one who credited the entire transaction and it was paid upfront by my credit card already ( social security card. ) They know I do not owe because the " bill '' came in a positive balance. It is impossible to pay on a positive balance. They know that if I truly owed anything the bill would come in a negative balance. This is blatant and clear misrepresentation of the character and amount of the debt they claim I owe them. 2. Wakefield & Associates is in violation of 15 USC 1692 ( e ) ( 10 ). They are using false representation and deceptive means to collect or attempt to collect on a debt or obtain information concerning a consumer ( ME ). Since this transaction was a consumer credit transaction and my social security number was used, I know that the entire original transaction was paid for already and now Wakefield & Associates is contacting me WITHOUT my prior permission and using deceptive means to engrave in me that I owe them a debt and I must pay it. 3. Wakefield & Associates is in violation of 15 USC 1692 ( f ) ( 1 ). A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt of any amount unless such amount is expressly authorized by the agreement creating the debt or permitted by law. I have NEVER done any business with Wakefield & Associates, and they know that I have never signed any contract or agreement with them stating I will pay them any amount! This is another clear violation of the FDCPA! 
4. Wakefield & Associates is in violation of 15 USC 1692 ( j ) ( a ), " It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. '' The letter I received from Wakefield & Associates does in fact state that they are trying to collect a debt that I allegedly owe someone else. I am the original creditor of the entire transaction because I credited it when I gave my credit card. Wakefield & Associates is in violation of compiling and furnishing this letter to make me believe they are collecting on a " debt '' when they are in fact not the original creditor. They CAN NOT provide me any contract/agreement between myself and Wakefield & Associates stating that I agreed to pay them any amount. Pursuant to the Fair Debt Collection Practices Act, Wakefield & Associates is now civilly liable to me, XXXX XXXX, in the amount of {$4000.00} just for the FDCPA violations alone. The invoice must be paid by check to my mailing address that they have on file. In the event that they refuse to compensate me for the violations and my information that I NEVER gave them permission to use is not deleted immediately from their system and they continue reporting my information to other third parties, I will hold Wakefield & Associates both criminally and civilly liable to the highest extent of federal law. I will also attach all documents that I sent directly to the company as proof that they are aware of the violations, and that I have reached out to them directly to handle the situation in case I am forced to take any action against the company. For documentation purposes, the documents were mailed on XX/XX/2022. It was received on XX/XX/2022 at XXXXXXXX XXXX and the certified mail receipt tracking number is XXXX. Everything written in this complaint is not to be construed : my intentions are clear. 

18 USC 894 ( A ) ( 1 ) specifically states : Whoever knowingly participates in any way, or conspires to do so, in the use of any extortionate means to collect or attempt to collect any extension of credit shall be fined under this title or imprisoned not more than 20 years, or both!! 

This clearly warns that the illegal use and sharing of my personal information without my written consent to Wakefield & Associates in order to extort me to pay them is against federal law!!

Company response to consumer: Closed with explanation