Consumer complaint received 2023-12-07
Company: FIDELITY CAPITAL HOLDINGS, INC
State: CA
Product: Debt collection
Sub-product: I do not know
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
I have sent a letter directly to Fidelity creditor Service and they have completely ignored me. I have asked Fidelity Creditor Service to validate the alleged debt that they claim that I owe, and all they have provided me are statements and signatures to an Alleged account that they can not prove is mine.

They have violated my consumer rights under the Fair Debt Collection Practices Act ( FDCPA ) 15USC 1692 ( g ) b Validation of debts. 

Fidelity Creditor Service failed to validate this alleged debt I refuse to pay this alleged debt until the proper validation of this debt is provided. Please cease and desist all collection activities until you can properly validate this alleged debt. 
Furthermore, I request verification of the alleged debt, specifically, a copy of a contract or agreement. Said contract or agreement must be with the original creditor and signed by all parties involved. You are illegally attempting to collect this alleged debt and money that I do not owe. 
This Cease and desist include but not limited to any collection attempts and or reporting of this account to any CONSUMER REPORTING AGENCY. 
15 USC 1692c ( c ) Ceasing communication If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt.

If proper validation of this alleged debt is not provided within 30 calendar days of receiving this notice, I will assume this alleged debt to be invalid and you shall delete this account and stop all collection activities regarding this account.

Furthermore, you do not have any jurisdiction or authority to even collect on this alleged debt.

FDCPA 811 [ 15 USC 1692i ] Legal actions by debt collectors ( a ) Venue Any debt collector who brings any legal action on a debt against any consumer shall -- ( 1 ) in the case of an action to enforce an interest in real property securing the consumer 's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located ; or ( 2 ) in the case of an action not described in paragraph ( 1 ), bring such action only in the judicial district or similar legal entity -- ( A ) in which such consumer signed the contract sued upon ; or ( B ) in which such consumer resides at the commencement of the action.

( b ) Authorization of actions Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collectors.

By the way, if you ever decide to turn this alleged debt over to an attorney to collect and violate my rights under the FDCPA 15USC 1692 even further, just keep in mind that an attorney can not be a debt collector and a debt collector can not be an attorney.

FDCPA 807 [ 15 USC 1692 ( e ) ( 3 ) ] False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : The false representation or implication that any individual is an attorney or that any communication is from an attorney.

With all that was said above, for each VIOLATION of the FDCPA that you have committed I am entitled to {$1000.00} per violation. You dont believe me? Ok, let me show you what the law says : FDCPA 813 [ 15 USC 1692k ] Civil liability ( a ) Amount of damages Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of -- ( 1 ) any actual damage sustained by such person as a result of such failure ; ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00}.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation