Consumer complaint received 2020-03-19
Company: Brock & Scott, PLLC
State: GA
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
On XX/XX/2020 the XXXX County Georgia Sheriff 's Office attempted to serve me with a civil suit filed by Brock & Scot , PLLC. Nobody was home at the time so I went down to the station and requested the filed documents. A Sheriff took my ID and served me with the documents. I reached out Brock & Scott to ask about it and they did not have any real answers to where the debt came from. It was strange that I had never been contacted by this company before they just sued me. There was never a phone call or mail correspondence from them. Just a lawsuit out the blue. I felt as if this was an act of intimidation and fraud. 

On XX/XX/2020 I typed up a debt verification letter requesting that the verify that the debt belonged to me. In the letter I requested that they provide me with the following documents pursuant The Fair Debt Collection Practices Act ( FDCPA ). I did not refuse to pay the debt at the time, I merely made a statement to dispute the claim and demanded validation.

( 15 USC 1692g Sec. 809 ( b ) ).

I requested the following information : 1. Agreement with the creditor that authorizes you to collect on this alleged debt 2. The agreement bearing my signature stating that I have agreed to assume the debt 3. Valid copies of the debt agreement stating the amount of the debt and interest charges 4. Proof that the Statute of Limitations has not expired 5. Complete payment history on this account along with an accounting of all additional charges being assessed 6. Show me that you are licensed to collect in my state ; and 7. Your license numbers and Registered Agent On XX/XX/2020 I sent the letter dated XX/XX/2020 via certified Mail to Brock & Scott PLLC in XXXX North Carolina and I was noticed that it was received by them a few days later. 

I received a letter from Brock & Scott PLLC dated XX/XX/2020. The letter included 51 pages of credit card statements, but they did not provide me with any of the information to validate the debt. Nothing with a signature, and No copy of agreement to validate the debt. The correspondence is an attempt to start the 30 day response period back as they continue to try intimidate and bully me. 

On XX/XX/2020 in a letter that I typed up, executed and had notarized, I have given Brock & Scott PLLC a second chance to provide proper validation of the debt. They have not done it thus far and I do not feel as if it fair for them to be able to have another 30 days to send me another letter to continue to try and intimidate me and continue to damage my name and credit report. 

After doing some more research I have learned that they are in violation of the law already : In the letter dated XX/XX/2020 I am requesting the following immediately. 

1. The name and address of the organization or other agency alleging a debt ; 2. The name and address of the person or persons in that organization or other agency alleging a claim of a debt ; 3. The name of the actual creditor even if that is myself ; 4. The origin of the funds used to create this alleged claim of a debt 5. The actual records of the organization or other agency showing the time and place of the deposit and distribution of the funds used to create this alleged claim of debt.

6. The actual records of the organization or other agency with a live signature on any and all document/instrument ( s ) used to allege the existence of a credit card account or debt from the organization or other agency to myself or anyone else by a similar name.

7. The actual records of the organization or agency s
howing that an actual credit card account was opened from the organization or other agencys own funds that resulted in the enclosed alleged claim of a debt.

8. Be advised that verification is defined ( Blacks Law Dictionary, 6th Edition ) as follows : Confirmation of correctness, truth, or authenticity, by affidavit, oath or deposition. Affidavit of truth of matter stated and object of verification is to assure good faith in averments or statements of party.

9. The actual records of the organization or other agency showing that an honest disclosure of facts relating to the alleged credit card account was made by the organization or agency in compliance with the truth in lending laws of the United States Code, Title 15 1601 et. seq. and Regulation Z.

10. The actual records of the organization or other agency showing that any and all document/instrument ( s ) containing my signature or the likeness of my signature were not negotiated or pledged by the organization or other agency against my credit to create the funds used for the appearance of a debt and resulting in this alleged claim of debt 11. The person that prepares and swears to the validation of debt must describe : 1 ) your job description on a daily basis ; 2 ) if you are the regular keeper of those books and records and are familiar with how they are kept and their contents ; 3 ) how long have you been in your position ; 4 ) when did you first come in contact with the alleged account/debt ; 5 ) how frequently do you work with the files and information they are presenting to verify/validate the alleged debt ; 6 ) are you the person/employee who regularly works with the alleged account/debt ; and 7 ) do you have personal knowledge about the alleged debt and/or any alleged account.

If they can not provide the following I want them to request that this lawsuit be dismissed immediately and to erase any and all reporting to all three credit bureau.

Company response to consumer: Closed with explanation