Consumer complaint received 2024-09-12
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt was already discharged in bankruptcy and is no longer owed
Company: HW Holding, Inc (NJ)

Below is a copy of the second lettter in which was sent to Hunter Warfield via Certified mail w/ return receipt. 

XXXX XXXX XXXX XXXX XXXX XXXX XXXX, NJ XXXX XX/XX/2024 Hunter Warfield , Inc . 
XXXX XXXX XXXX XXXX, FL XXXX Subject : Debt Validation Request Under Federal and New Jersey Law Account No : XXXX Dear Hunter Warfield , Inc. , I am writing to request validation of the debt you claim I owe under Section 809 of the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C . 1692g. Your company has reported a collection account to the credit reporting agencies. However, I dispute the validity of this debt and request verification in accordance with both federal and New Jersey state laws. 

Validation Requested : To comply with federal and state laws, I am formally requesting the following : 1. The Original Contract Involving Myself and the Original Creditor I request a copy of the original contract or agreement that established the debt, including my signature. This is necessary under 15 U.S.C. 1692g ( b ) of the FDCPA, which mandates that you must provide verification of the debt, including the original contract, upon request. 

2. Proof of Your Legal Right to Collect Provide all documents showing that Hunter Warfield , Inc. has been legally assigned or has purchased this debt from the original creditor, as required by New Jersey Uniform Commercial Code ( N.J.S.A. 12A:9-406 ), which governs assignments of accounts and contract rights. Any assignment must be verified through written documentation that confirms your legal standing.

3. Full Itemized Accounting I request a full itemized accounting of how the debt was calculated, including any fees, interest, or penalties added since the original debt. This is required under N.J.S.A. 56:8-2 ( New Jersey Consumer Fraud Act ), which prohibits deceptive practices in financial transactions and mandates full disclosure of charges.

4. Verification of Ownership of the Debt Under New Jersey Title 56:8-1 et seq., you must demonstrate ownership of the debt. I request
verification from the original creditor stating that this account was properly sold or transferred to Hunter Warfield , Inc. without violation of state or federal laws.

5. Detailed Payment History Provide the complete payment history, from the original creditor to the present, including all payments made, missed, and applied. This is in accordance with 15 U.S.C. 1692g and N.J.S.A. 12A:9-109, which require detailed accounting for any contract-based claims.

6. Statute of Limitations Under N.J.S.A. 2A:14-1, the statute of limitations for collecting most debts in New Jersey is six years . Please provide proof that this debt is still within the statute of limitations and can be legally enforced.

Requirements Under the Fair Credit Reporting Act ( FCRA ) : In addition to the FDCPA, under 15 U.S.C. 1681 et seq. of the Fair Credit Reporting Act ( FCRA ), Hunter Warfield is required to report accurate information to the credit reporting agencies. Until this debt is fully validated, any reporting of this account is considered inaccurate and incomplete, and I request that you immediately remove this collection account from all credit reports. 
Cease All Collection Activities : Under 15 U.S.C. 1692g ( b ) of the FDCPA, until the debt is validated, all collection activities, including reporting this debt to credit bureaus, must cease. Continuing to report this debt without proper validation violates federal law and could result in legal action.

Summary of Laws and Statutes : Here are the key laws that apply to my request : 1. Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692g : Requires debt collectors to provide validation of debts, including the original contract and proof of ownership.

2. Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq. : Mandates the accuracy of information reported to credit bureaus and requires that unverified debts not be reported.

3. New Jersey Uniform Commercial Code ( N.J.S.A. 12A:9-406 ) : Requires proof of assignment or transfer of debt from the original
creditor.

4. New Jersey Consumer Fraud Act ( N.J.S.A. 56:8-2 ) : Prohibits deceptive practices in financial transactions and requires clear disclosure of fees and charges.

5. New Jersey Statute of Limitations ( N.J.S.A. 2A:14-1 ) : Limits debt collection to six years from the date the debt became due.

Please send all documentation validating this debt to the address listed at the top of this letter. I expect a response within the 30-day time frame specified by 15 U.S.C. 1692g ( b ). Failure to respond withi
n this time or failure to provide proper validation will result in my filing complaints with the Consumer Financial Protection Bureau ( CFPB ) and the New Jersey Division of Consumer Affairs for violations of both federal and state laws. 
Thank you for your prompt attention to this matter. 
Sincerely, XXXX XXXX