Consumer complaint received 2015-11-16
Company: Palm Beach Credit Adjustors, Inc
State: FL
Product: Debt collection
Sub-product: Medical
Issue: Cont'd attempts collect debt not owed
Sub-issue: Debt is not mine

Complaint:
XXXX medical collections are posted on my credit report from Focus Financial Services/ Palm Beach Credit Adjustment . The debt is not mine. Account # XXXX reports a balance of {$82.00} & account # XXXX reports a balance of {$200.00}. 

I have never received any correspondence from them prior to disputing with the credit reporting agency 's. I never received a bill from the original creditors, nor did I ever receive any communication from FFS. My address is listed on my credit report yet they never sent me a " debt validation notice '' prior to or after reporting these accounts to the CRA 's like they are required to by law. They are supposed to provide one within five days of its initial communication with the consumer in connection with the collection of a debt. FFS 's failure to send the Debt Validation Notices to me prevented me from exercising my legal right to request debt validation of the alleged debt at the outset. Since I have never received one they are in violation of Section 809 ( a ) the FDCPA, 15 U.S.C. 1692g ( a ). 

I disputed these accounts with the CRA 's and it was verified with XXXX & XXXX. On XXXX/XXXX/15 I sent FFS a debt validation letter via certified mail that was delivered on XXXX/XXXX/15. I requested to be provided with proof that this debt belongs to me, as any accounts I might have had are obsolete. They did not provide me with evidence that this debt is mine. Under HIPAA privacy laws FFS should not have any of my personal medical information, unless they have a " written '' agreement with the original creditor to collect debt on their behalf. They did not properly validate the debt nor provide any of the documents I requested. 

Their response has not proven that this debt belongs to me, and FFS did n't provide any documents such as an agreement with their " client '' that grants them the authority to collect on this alleged debt, or proof of acquisition by purchase or assignment, and authorization under subtitle D of the ARRA, SEC. 13401. They also did n't provide an agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor and as this is a medical account a copy of any HIPAA authorization. 

On XXXX/XXXX/15 I mailed another debt validation letter via certified mail that was delivered on XXXX/XXXX/15. In response they sent me an ID theft affidavit. FFS still did not validate nor send the requested documents. Per FDCPA, they must ( a ) provide the requested information before continuing collection activity, or ( b ) stop all collection activity. However, FFS continues to illegally verify this information whenever I dispute it with the CRA 's without validating it with me. 

On XXXX/XXXX/2015 I sent via certified mail a direct dispute, It was delivered on XXXX/XXXX/15. It has been 45 days since they received it and I have not received a response. FCRA Section 623 ( a ) ( 8 ) and the Furnisher Rule require that Furnishers, like FFS, respond to Direct Disputes within 30 days of receiving notice of the dispute. 15 U.S.C. 1681s-2 ( a ) ( 8 ) ( E ) ( i ) - ( iv ) and 1681i ( a ) ( 1 ) ( A ) ; 12 C.F.R. 1022-43 ( e ) ( 1 ) - ( 4 ) Section 623 ( a ) ( 8 ) ( E ) of the FCRA makes it unlawful for such a furnisher like FFS not to conduct a reasonable investigation of a Consumer dispute received directly from the Consumer, in the circumstances specified by Regulation V. 15 U.S.C. 1681s-2 ( a ) ( 8 ) ( E ) ; 12 C.F.R. 1022-43. 

Also, FFS/Palm Beach Credit Adjustment did not acknowledge on their correspondence with me that they are no longer able to sue me on a debt this old and I believe according to the Section 5 ( a ) of the FTC Act 15 U.S.C. Section 45 ( a ) they are obligated to do that. They are reporting incorrect information on my credit reports, and now I have to worry about them suing me on a time barred debt. These are really unfair and deceptive acts. 

Attached are copies of the documents I have mailed to FFS & proof of delivery confirmation.

Company response to consumer: Closed with explanation