Consumer complaint received 2022-07-25
Company: ZWICKER & ASSOCIATES
State: VA
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
I, XXXX XXXX XXXX XXXX, the federally protected consumer contacted XXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX ) after receiving a court subpoena from law firm/debt collector Zwicker & Associates , P.C. pertaining to an alleged debt, supposedly owed to XXXX XXXX XXXX 

The facts are as stated, I called XXXX XXXX XXXXXXXX XXXX on XX/XX/XXXX at XXXX ( phone number ) the entire length of the phone call was 22 minutes, 19 seconds in duration and this was due to the time it took to reach the lending department of XXXX XXXX  XXXX XXXX. I spoke with lending department representative ( XXXX XXXX ) XXXX whom told me on the recorded call by XXXX XXXX XXXXXXXX XXXX that the account ending in XXXX was a charge-off ( canceled debt ), so I asked why did I not receive the IRS form 1099c pertaining to that account being a charge-off/canceled debt required to be sent per the IRS so that I can file it with my tax returns. I was then told that XXXX XXXX XXXX XXXX representative of the lending department that they did not have that form to send to me. My next question was ; Is there a repurchase agreement for the charge-off/canceled debt due to the fact that this law firm/debt collector titled Zwicker & Associates, P.C. has mailed me court documents alleging the debt owed to XXXX XXXX  XXXX XXXX whom they are representing, This was explained by me, the consumer, to the lending department representative who then replied with XXXX XXXX DOES NOT OWN THE ACCOUNT ENDING IN XXXX, the account ending in XXXX was placed with Zwicker & Associates, P.C. which is Identity Theft and Fraud. I never gave anyone verbal nor written approval, nor did I give anyone authorization for any of my personal information attached to any consumer credit transaction for the alleged account to be placed, given, transferred, sold, or assigned to Zwicker & Associates. P.C. I even asked the XXXX XXXX XXXXXXXX XXXX ; What does " placed '' mean, legally and if she could explain the legal definition of the term. 

Not only have I received fraudulent court documentation obviously obtained due to Identity Theft, because I never physically signed any documentation where a consumer credit transaction for a loan with Zwicker & Associates, P.C. with a wet ink signature on it, signed by me, the consumer, XXXX XXXX XXXX XXXX. This is not only Identity Theft/Fraud, this is also Mail Fraud by using the United States Postal Service XXXX USPS ) and a USPS mail fraud report was submitted as well with United States Postal Inspector ( also suggested to do so by Financial Crimes division police detectives ) since personal and financial information was obtained by this law firm, Zwicker & Associates , P.C. acting as a debt collector, which also is a violation of the FDCPA which states that a debt collector can not be a law firm and a debt collector ; it has to be either/or but can not be both. 

This also brings up the IRS Publication 4681 for canceled debts. Once the debt has become a charge-off, it's now considered income. Which means that debtor is now reporting inaccurate because you can not report income on a consumer credit report. As soon as it is a charge-off the consumer is suppose to receive IRS form 1099c to file on their taxes. I never received any 1099c forms from XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ), nor have I received any 1099c forms from the following entities whom both furnished charge-off data to the three credit reporting agencies ( XXXX, XXXX, XXXX ). I did speak to IRS representatives in regard to IRS Publication 4681 pertaining to the steps that companies are suppose to take when a canceled debt/charge-off occurs, and what was stated previously is what was told to me by IRS representatives. The other two entities that have canceled debt/charge-off accounts which are reporting inaccurately on the three consumer credit reports and I've yet to receive the required 1099c form from are as follows ; XXXX XXXX XXXX XXXXXXXX XXXX XXXX. 

Also, recently a court subpoena was mailed by Zwicker & Associates, P.C. demanding personal bank records for the alleged account ending in XXXX  from XXXX XXXX, while I objected by notarized affidavit filed with court and mailed to Zwicker & Associates, P.C. with this demand due to the strict fact that it violates my federally protected rights via FDCPA as a consumer ; XXXX XXXX XXXX XXXX implicated themselves in this Identity Theft/Fraud being committed by Zwicker & Associates , P.C. by sending my personal bank records without my verbal consent, without my written consent and never communication with me via phone call nor mail in regards to this demand for my personal bank records which again violates my federal consumer rights outlined by Congress. 

Once the alleged loan goes into default and is assigned to a debt collector, the effective law changes. The FDCPA is now the law under which action is governed. Once under the conditions of the FDCPA, debt collectors have no legal right to ply the legal remedies owed only to creditors who make loans ( which no bank/financial institutions can lawfully/legally loan money since XXXX ), including notices of default, assignments to servicers, substitutions of trustees, etc. Elements of the FDCPA are very simple and straightforward at setting rules for debt collectors. 
1. Consumer is defined in 15 USC 1692 ( a ) ( 3 ) 2. Creditor is defined in 15 USC 1692 ( a ) ( 4 ) - someone who extends credit creating a debt, and does NOT include anyone who receives a debt in default by assignment or transfer for the purpose of collecting on the debt for another ( namely, third party debt collectors, servicers, attorneys ) 3. Debt is defined in 15 USC 1692 ( a ) ( 5 ) - money owed by a consumer of persoanl goods 4. Debt collector is defined in 15 USC 1692 ( a ) ( 6 ) - includes a creditor trying to collect a debt under another name.

5. Legal actions by debt collectors is defined in 15 USC 1692 ( i ). 

Lastly, the fact is all charge-offs are sold to a securitized trust ( FAS 140 ) and what remains on the transaction is a empty account. For a creditor to have any legal standing they must repurchase the debt. When companies state they DO NOT OWN THE ACCOUNT as I was told by the lending department representative for XXXX XXXX  XXXX XXXX whom also could not answer my question of ; does XXXX XXXX XXXX XXXX participate in the Truth in Lending Act, the response was she'd never heard of it, I didn't ask any further questions. They can not collect on what they do not own and still proceed to collect on it, let alone illegally place an account with a third party to attempt to collect via Identity Theft/Fraud and Mail Fraud while utilizing the court systems to do so which is misleading. A FTC Identity Theft Complaint and Affidavit has been attached and notarized and USPS Report number for Mail Fraud is visible as well on the report attached.

Company response to consumer: Closed with explanation