Consumer complaint received 2015-04-08
Company: Merchants Credit Assoc. Inc SC
State: SC
Product: Debt collection
Sub-product: I do not know
Issue: Cont'd attempts collect debt not owed
Sub-issue: Debt is not mine

Complaint:
XXXX XXXX XXXX XXXX, SC XXXXMERCHANTS CREDIT ASSOC. SCXXXX XXXX XXXX XXXX XXXX, SC XXXXRe : Social XXXXTo Whom It May Concern : I have attempted on multiple occasions to contact your company via XXXX yet you have failed to respond. At this time I feel it is necessary to file this complaint and advise you of the following. Due to your company violating FCRA ( Title 15 United States Code Section 1681 ), FDCPA ( 5 U.S.C. 1692 -1692p ), and UDAPP this letter will serve as my Notice Of Intent to File Suit. Pursuant to South Carolina Code Annotated, Title 22, Ch. 3, Article 1, Sections 10-30 ; Title 22, Ch. 3, Article 3, Sections 110-320 ; Title 15, Ch. 7, Sections 10-30 ; Title 18, Ch. 7, Article 1, Section 20 ; Administrative and Procedural Rules for XXXX Court, Rules 1-19. I will be filing suit in South Carolina XXXX Court in the amount of {$20000.00} that is to include Statutory and Actual damages incurred by myself as a result of increased APR 's as well as out right denial of credit. As we XXXX know companies tend to wait until the suit is filed and wait until the last day before their answer is due to the court to offer settlement. I will advise you once the case is filed I will not even entertain an offer for settlement. I have already spoke with a law firm and advised them of the situation and if an agreement for settlement is not reached between myself and your company 14 calendar days from today he will be retained and take over the case in its entirety. But he will hold no settlement authority due to the disrespect your company displayed when ignoring documentation and request for validation of this fraudulent account. 
Your company listed an account with XXXX XXXX in the amount of {$1600.00} on my credit. This account was opened fraudulently and I had notified the original creditor/rental agency as soon as I had seen them listed on my credit. Apparently they must have received the Fraud Affidavit and Dispute after selling it to your company. Never the less your company without mailing any documentation attempted to collect on this debt. FDCPA requires mailed documentation within 5 business days which to this day has still not been done. Now even after mailing the request for Validation of Debt and my letter of dispute for the XXXX time back on XX/XX/XXXX I have still have not received any response or correspondence. Yet, the account is still being listed on my credit as a derogatory account thus violating FCRA and FDCPA. 
What I am proposing as an agreeable settlement would be your company immediately updates all XXXX credit bureaus to remove this charge off account as well as any associated inquiries and pays me {$5000.00} payment to settle any and all violations. Payment must be made to myself at the address listed above on or before XX/XX/XXXX. Considering the cost of hiring representation in South Carolina plus the cost you would incur for my court cost and attorneys fees I believe that is a fair offer. Once a settlement is agreed to I would be willing to sign a " Release of all claims ''. As far as contacting me in reference to this offer for resolution I am giving you permission to speak with my husband XXXX XXXX at XXXX he can also be reached by email at XXXXXXXXXXXX. If an agreement is not reached on or before XX/XX/XXXX we will move forward with the legal proceedings. 

Thank you for your prompt attention to this matter, XXXX XXXX

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