Consumer complaint received 2017-04-27
Company: Webcollex, LLC
State: IL
Product: Debt collection
Sub-product: Credit card debt
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
XXXX   XXXX  I received a generic form letter from  CKS Financial in regards to a  credit card debt as per FDCPA I requested proof of ownership as they were NOT the original creditor but a debt buying compan y. CKS Financial  signed for letter  XXXX   XXXX   XXXX  and were considered served a s US Post  Office is a legal process server. At the same tim e CKS w as also reporting this account to the credit bureaus. The letter basically stated supply legal proof of ownership and transfer of account from the original creditor  XXXX   XXXX   XXXX   XXXX  to CKS and I also requested account be removed from credit reports until they properly showed proof of ownership. I also informed them all contact was to be through mail. Its now mid  XXXX   XXXX  well over 30 days and no response from CKS no proof of ownership nothing. In mean time I had disputed account with credit bureaus basically  XXXX  on  XXXX   XXXX   XXXX  whom they report to but it still was reporting after 30 days and investigation finished. So I sent another letter out dated  XXXX  and a final letter which they signed for and received on  XXXX   XXXX   XXXX  Again asking for proof of ownership and to remove account from credit reports and to either supply information/documents or a notice from them they are ceasing collection activities along with removing account from my credit reports. I received a response dated  XX/XX/XXXX  stating there office is in receipt of my letter of dispute and they did an investigation and confirmed name address and amount owed and account was correct. I didnt ask them to investigate anything I asked them to validate proof of ownership they didnt. Then on  XXXX   XXXX   XXXX  credit bureaus somehow randomly deleted account from reports with no investigation pending as investigation was done  XXXX   XXXX   XXXX   ( c onfirmed with  XXXX  on  XX/XX/XXXX  EMP ID  XXXX  per phone conversation stating  XXXX  didnt remove  CKS Financial  removed ). Last of comunications until  XXXX  when I called CKS directly because for some reason account suddenly appeared again on credit reports as I get notified immediately of any changes.So I talked to  2  people and was passed down to  XXXX   XXXX  a supervisor. This was 3rd person I had to explain what I explained above. He seemed like a nice guy I told him for a debt they paid  XXXX  dollars for it could cost them more an it was in there interest and mine to settle. I informed him that failure to supply proof of ownership and ignoring my first letter was a violation of FDCPA and that reporting a non validated account to credit bureaus was also a violation of FCRA. Then I told him not only once but they verified a credit bureau dispute in  XXXX   XXXX  when account was never validated with myself or proof of ownership was supplied. This is another violation of FCRA. Then they proceeded to violate FDCPA again as I sent second letter to  CKS  and they responded over 30 days later with a generic form letter stating investigation done and accurate but still no proof of ownership. Then again they violated FCRA as account was still on my report on  XXXX   XXXX   XXXX  but then it was removed. Rather than argue because he was a very courteous I said can we solve this because it is petty. I said remove from my credit report and then we will settle. He state he couldnt so I then stated then you can supply proof of ownership. He then said he was sorry and said I need to call their compliance department so I did and I thanked him. So I called compliance and I got  XXXX   XXXX  and explained everything over again to her. She seemed like a very nice lady but she was given a policy to follow which she told me and it doesnt comply with federal law. I beg any attorney to tell me different. She told me they DID NOT have to do anything in regards to letters I sent requesting proof of ownership and they were complying to the FDCPA. They only need to show proof in court. I said so you just send a bill and you expect people to pay because you can type a form letter. She again stated they are following the FDCPA. Just kept repeating and stating that they are following policy. Whos? I stated the law and facts she just kept saying we arent required to send anything unless we are pursuing the debt or taking legal action which we arent doing. So if you arent pursuing then why are you reporting. We still own the account. You havent validated I said she replied we dont have to. I said  its Illegal to re port a debt on credit reports thats not validated then to remove and then to put back on 5 months later. She replied we investigated with   XXXX   XXXX   a dispute you filed with credit bureaus. Thats all we are required to do. I dont know why  XXXX  removed you have to talk to them. I did as stated above and she lied. As I said I disputed in  XXXX   XXXX  CKS confirmed without validating per conversation with  XXXX  on  XXXX / XXXX / XXXX . The letter I received from CKS was dated  XXXX   XXXX   XXXX  well passed closing of investigation and the reason why I sent request for validation a second time because they were reporting still. CKS has a policy that totally contradicts the FDCPA and the FCRA. They are NOT the original creditor. Then I stated Id like to get this resolved she said sure  Ill tr ansfer you and you can make payment. I said ok then you are going to remove account from credit bureau reports. She said they cant do that because of policy with credit bureaus. I said there is no law stating you cant remove she said   XXXX   poli cy. ( Wron g again when I called  XXXX  on  XX/XX/XXXX  as stated above I was told there was no policy they had that the furnisher of information can remove information at any time especially if account hasnt been validate with consumer as that puts  XXXX  now liable for damages for reporting an unvalidated account  also ). CKS has little  regard for Law the CPB the FTC period. So I told her I would have to pursue other means of resolving and they are in violation of FDCPA and FCRA on numerous occasions. Something so simple they could of resolved but now I think they welcome lawsuits as If  im  correct and I know I am as there are many court cases stating de bt collectors have  to show proof of ownership and chain of ownership whether they are first to buy debt  or 100th to  buy. The fact that these people think they can do whatever they want is a real problem with me. This is a blatant violation of federal law but its their policy as she stated. They are not actively pursuing debt but after removing from credit reports then putting back on 5 months later which also violate cease and desist as they legally contacted me on  XX/XX/XXXX  when they started reporting account again and still havent provided proof of ownership. If one reads this they can figure out how much in fines not to mention damages. I request this be forwarded to FTC as I am going to forward to  XXXX   XXXX  the IL Attorney General and the Illinois Departm ent of Professional Regulations. I  dont even believe CKS is licensed in Illinois. Then if CPB does nothing and FTC fails to resolve and fine I will have no choice but to seek legal remedies which are already in the works.

Company response to consumer: Closed with explanation