Consumer complaint received 2023-10-18
Company: Everest Receivable Services Inc.
State: PR
Product: Debt collection
Sub-product: I do not know
Issue: Communication tactics
Sub-issue: Frequent or repeated calls

Complaint:
I/ we are writing in regard to the recent undesirable act of telephone contact by Everest Receivables Services ( ERS ), and/or its affiliates made to several members of this family. The companies that may be affiliates of ERS are believed to be DNF Associates, LLC, and XXXX XXXX XXXX XXXX XXXX. This contact may be associated with a collections account that is currently under a Federal government complaint/dispute related to an account on file that may be erroneous. 

A letter dated XX/XX/XXXX, from XXXX XXXX XXXX XXXX, indicated the sale of this account to a third party, with a reported sale date of XX/XX/XXXX with a particular dollar amount. However, on a credit report Dated XX/XX/XXXX, a higher dollar amount is shown as " written off '' or " charged off. '' This raises concerns that XXXX XXXX XXXX XXXX XXXX be reporting different amounts for fraudulent gain. 

It is believed that XXXX XXXX XXXX XXXX has reported different amounts on financial reports and profit-loss reporting to favor their institution while at the same time reporting higher charge-off amounts on consumer credit files to detrimentally impact the consumers ' creditworthiness. 

XXXX XXXX XXXX XXXX XXXX have violated several consumer protection laws, including but not limited to the Consumer Credit Protection Act, the Fair Credit Reporting Act, and the Fair Debt Collection Practices Act.

Telephone contact by ERS was made to multiple telephone numbers that this family uses for employment purposes. Contact has been established via the telephones that are used at places of employment during working hours. Your firm should know that the employer prohibits such communication.

I/we are fully aware of our rights under the laws of XXXX XXXX and XXXX United States XXXX 

At least two different members of this family with the same or similar name received telephone contact from this company on different telephone numbers that this family uses for employment purposes, this company concealed or did not otherwise disclose that the communication was in connection with the collection of a debt which is a violation of the Fair Debt Collection Practices Act. 

In accordance with the provisions of the XXXX XXXX XXXX of XXXX Agencies XXXX and other applicable laws. The laws of XXXX XXXX require that all financial institutions including Collections Agencies be registered with the Commissioner of Financial Institutions Office and the Departemento de Asuntos Del Consumidor. 

We have searched the XXXX XXXX XXXX Department and all other Government entities in XXXX XXXX. XXXX XXXX XXXX is not registered in XXXX XXXX and can not open credit accounts for the residents of XXXX XXXX, nor can they conduct collection activities in XXXX XXXX. 

*Banking Law of XXXX XXXX Act No. 55 of XX/XX/XXXX, as amended. 7 LPRA 1-231.

*Investment Capital Fund Act Of Puerto Rico - Act No. 3 of XX/XX/XXXX, as amended. 7 LPRA 1241-1260 ( a ).

*Law No. 5 of XX/XX/XXXX, as amended, known as " Organic Law of the Department of Consumer Affairs '' *Law No. 143 of XX/XX/XXXX, known as the " Agencies Law of Collections '' ; Law No. 179 of XX/XX/XXXX and Law No. 170 of XX/XX/XXXX, known as " Administrative Procedure Law Uniform ''. 

XXXX XXXX Law Title 10 Commerce Subtitle 1, Regulation of Business Generally, Chapter 40 Debt Contracts, Subsection 961 : Delivery of copies : In every debt contract, there should be given to the debtor a copy of the promissory note and any other document signed by the executing parties in said contract. 

XXXX XXXX Law Title 10 Commerce Subtitle 1, Regulation of Business Generally, Chapter 44 Prohibition of Practices for Collection at Debtors Workplace, Subsection 980a. Public policy : It is hereby declared as public policy of the Commonwealth of XXXX XXXX that for a debt collector to make efforts to collect debts, whether by telephone, in person, or through any other means of communication, during working hours at the place of work or employment of the debtor constitutes an undesirable practice. 

XXXX XXXX Law Title 10 Commerce Subtitle 1, Regulation of Business Generally, Chapter 45 Collecting Agencies, Subsection 981p. Prohibited practices No collection agency shall : ( 2 ) Institute judicial proceedings against a debtor in the name of the client without having been previously authorized in writing therefor. 

Due to possible inaccuracies on Credit files, it is demanded that the validation hereby lawfully requested be in the form of a notarized statement by a person with original knowledge of the debt as it was constituted and who can testify that the debt was incurred legally, and was not subsequently disputed as a result of returned, faulty, or recalled consumer products, was not utilized as a profit-loss tax deduction during the period it may have been payable, and was not claimed as a loss with any insuring entity during the period it may have been payable.

This request is not an admission of the validity of the debt ; rather, it is a request for compliance with the legal requirements governing debt collection practices.

Please be advised that this is not requesting a verification that you have mailing addresses, telephone numbers, or email addresses associated with this family ; rather, this is a request for validation, i.e., competent evidence that some contractual obligation sans consumer protection encumbrance which incurred the original claims associated with this tradeline.

I am also requesting validation of the tradeline possibly listed on credit files in observance of my Federal Civil Rights under the Consumer Financial Protection Bureau and the CFPB Bulletin XXXX Date : XX/XX/XXXX Subject : Prohibition of Unfair, Deceptive, or Abusive Acts or Practices in the Collection of Consumer Debts Under the XXXX XXXX XXXX Reform and Consumer Protection Act ( Dodd- Frank Act ), all covered persons or service providers are legally required to refrain from committing unfair, deceptive, or abusive acts or practices ( collectively, XXXX ) in violation of the Act. 


Please consider this letter as a formal notice under the XXXX XXXX Regulation of Collection Agencies Act.

I/we are concerned that Federal Civil Rights may have been violated through the sharing or selling of my information to other entities.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation