Consumer complaint received 2017-01-25
Company: Kimball, Tirey & St. John LLP
State: CA
Product: Debt collection
Sub-product: Other (i.e. phone, health club, etc.)
Issue: Cont'd attempts collect debt not owed
Sub-issue: Debt is not mine

Complaint:
I contacted XXXX XXXX in XXXX of XXXX requesting investigation into a debt that I do not owe. They responded with documentation attempting to prove the I owed the debt in XXXX. At which time I spoke with a XXXX alerting him that the documentation that he provided me does not validate the debt and there were inaccuracies in the paperwork that makes this item unverifiable. I pointed out to XXXX that in the itemized statement, the charges did not match the attached invoices and more concerning that one of the attached invoices did not belong to me as it states that the work was provided for XXXX XXXX XXXX XXXX XXXX # XXXX. I have never lived at the said address, please see this invoice attached as Exhibit # XXXX. Second- the statement includes a charge, that does not have an invoice yet an estimate of charges only was provided by the debt collector, please see attached estimate attached as Exhibit # XXXX. Third- On the attached itemized statement, there are charges that were not substantiated by invoice i.e. XXXX for carpet cleaning and repair, please see Exhibit # :XXXX. Fourth- the statement outlines there is a late fee in the amount of {$64.00} which is for 6 % of {$1000.00} for rent. Rent for the unit is stated at {$1000.00}, rent becoming due as a unit remains occupied. Move out date states XXXX/XXXX/XXXX on the statement which means the late fee would only have applied to 16 days of rent and not the full {$1000.00}, however the late fee was calculated on an amount of {$1000.00} which includes a said remote fee. The Fair Credit Reporting Act states that any questionable items should be investigated and in the event they can not be verified/validated they must be removed and this has not been done. Not only that, since this company has been made aware of the discrepancy, they continue to validate indirect disputes through E-Oscar which keeps the invalidated, damaging item on my credit. Last- This debt is beyond the statute of limitations. In XXXX of XXXX XXXX XXXX sent a letter to me stating this was an attempt to collect a debt. The statute of limitations expired on this debt in XXXX XXXX. I have also attached this letter as Exhibit # XXXX. This company has been in violation of the FDCPA and they refuse to remove the item in question. I have a valid reason to believe that this item is inaccurate. The company was made aware of the accuracies within the reported item and continue to report it and deem it as accurate with the credit reporting agencies. I have been in dispute of this item from the very start in XXXX XXXX. In XXXX I escalated this issue to a manager at this company named XXXX. Even though I pointed out the inaccuracies and she saw those, she asserted that the information her client submitted was correct. She stated that she would contact the client regarding incorrect amounts on the statement, the incorrect invoicing and unsubstantiated charges. Instead, I received a call back from XXXX the original contact at XXXX XXXX offering a settlement on the account and still did not address the issue of inaccuracy. As late as XXXX, XXXX XXXX is still reporting this inaccurate information to the credit reporting agency. It is imperative that this information is removed from my credit report.

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