Consumer complaint received 2016-01-27
Company: Franklin Collection Service, Inc.
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 resulted from identity theft

Complaint:
On XX/XX/XXXX I went to attempt to obtain a loan for a mortgage. The lender told me my credit score was good but that there was too much delinquent debt preventing me from qualifying for a loan. When I reviewed the accounts listed on my report I came to the conclusion that I did n't recognize any of them. I Immediately felt that either there was a mistake or someone was using my good name. Almost Immediately I began the process of filing a fraud affidavit and a Sheriff 's report and sent a notarized copy to all the creditors, collection agencies, and credit bureaus listed on the report. 

After a few months I received credit reports showing that nearly all the accounts were removed from my report except for a Franklin Collection Services. What they did was to first send me a collection notice in XX/XX/XXXX and then when I spoke to them over the phone they sent me a notice from themselves in XX/XX/XXXX asking for me to re-submit an identical copy of the fraud affidavit I had already submitted to them months prior. I decided that in order to speed things up I would comply and I had their affidavit re-notarized and sent back to them certified mail with a return receipt. 

A few days ago instead of receiving a notice stating that they have reviewed my documentation and have determined that this was in fact a fraudulent account I instead get a notice from them trying to collect a debt that shows it originated in Texas. Because I have already submitted a notarized affidavit stating that I have lived in my home in XXXX since XX/XX/XXXX, I was infuriated to see that they were still trying to collect from me knowing full well that it is n't my account as I have never lived at the address they are providing. I decided to call them one last time in order to resolve this account. 

I called them today and asked why they are refusing to cancel the account after receiving XXXX copies of a signed affidavit showing I have never lived at the address they have on file along with a sherrif 's report. What they did was attempt to claim that they never received the affidavit. When I informed them that I had a certified USPS return receipt signed from Franklin Collection Services showing they did in fact receive my affidavit they quickly changed their story to state that the person who signed for it does n't work for their company ... .. When I then informed them that it did n't matter as USPS had it delivered and signed for at their correct address they then changed their tune again and said that they had in fact received it but not until XX/XX/XXXX ... 

The person making these claims was a supervisor by the name of XXXX XXXX. I must say that I am disgusted at his attempt to ignore the F.D.C.P.A. and his outright shady collection tactics. They have received my notarized affidavit twice. They have received a Sherrif 's report. They have received disputes which I initiated with the credit Bureaus and they have received phone calls from myself about this fraudulent account. They have received ample notice showing this account is not mine and they are now the only thing preventing me from buying a home since XX/XX/XXXX. If my dispute to you does n't fix this then I will be forced to sue them. Please help me in clearing my good name which is being tarnished by this unscrupulous collection agency. I will forward you my documentation so you can see that they have in fact received ample notice about this fraudulent account.

Company response to consumer: Closed with explanation