Consumer complaint received 2024-08-06
Product: Debt collection — Rental debt
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: Capstone Credit & Collection, LLC. (FL)

XXXXSubject : Dispute of Inaccurate Credit ReportingXXXX  Dear Sir/Madam, I am writing to formally dispute inaccurate information on my credit report concerning an eviction. The specific details of the disputed account are as follows XXXX XXXX XXXXAccount NumberXXXX XXXX XXXXXXXX XXXX XXXX*BalanceXXXX XXXX {$3200.00} - **Date Opened** : XX/XX/XXXX - **Status** : Collection account. {$3200.00} past due as of XX/XX/XXXX. 
- XXXXStatus UpdatedXXXX : XX/XX/XXXX Upon reviewing this account, I have identified several inconsistencies that warrant its removal from my credit report : XXXX. **Inconsistent Status Updates** : The status indicates updates in XX/XX/XXXX, yet the balance was updated on XX/XX/XXXX. This discrepancy questions the accuracy of the reported information. 
XXXX. **Erroneous Payment Summary** : The payment summary does not accurately reflect my payment history, showing inconsistencies across different months. 

As provided under the Fair Debt Collection Practices Act ( FDCPA ) and the Fair Credit Reporting Act ( FCRA ), I am exercising my right to dispute the validity and accuracy of this debt. The reasons for this dispute are : XXXX. XXXXAccount Not MineXXXX : This account does not belong to me, and I have no knowledge of it. 
XXXX. **Failure to Provide Validation** : Despite multiple requests for validation, the collection agency has not provided any proof that this debt is mine. This constitutes a violation of FDCPA section 1692g ( a ) ( 3 ) and FCRA. 
XXXX. **Identity Theft** : I did not authorize the collection agency or any other entity to use my personal information, which constitutes identity theft under federal law. 

Over the past year, I have requested the following information to be sent within 30 days : XXXX. **Debt Validation Letter** encompassing the details of the debt. 
XXXX. **The Initial Agreement** between the creditor and myself. 
XXXX. XXXX*Comprehensive Details of the Original CreditorXXXX, including contact information and account particulars. 
XXXX. **The Authentic Signature** on the agreement, affirming the legitimacy of the debt. 
XXXX. **Documentation Verifying the Assignment** of the debt. 

The collection agency has failed to provide this information within the legal time limit. Therefore, your agency must delete this item. I am invoking the Doctrine of Estoppel by Silence, as established in Englehardt vs. Graves ( MO ) 281 SW 715, 719. This doctrine leads me to conclude that there is no proof of the alleged debt, and it necessitates its deletion from my credit file. 

Under section 1692g ( b ) of the FDCPA, you must cease all collection efforts until you have provided the requested validation of the debt. Any further contact without providing this information will be considered a violation of the FDCPA. 

Furthermore, I am disputing the accounts under the provisions of the FCRA, including but not limited to : - Section 602A ( 15 U.S.C. 1681a-2 ) - Section 603 ( 15 U.S.C. 1681a-3 ) - Section 604 ( 15 U.S.C. 1681b ) - Section 604A ( 15 U.S.C. 1681c-1 ) - Section 605A ( 15 U.S.C. 1681c-1 ) - Section 605B ( 15 U.S.C. 1681c-2 ) - Section 611 ( 15 U.S.C. 1681i ) - 15 U.S.C. 1681i ( 5 ) ( A ) - 15 U.S.C. 1681n - 15 U.S.C. 6802 - 18 U.S.C. 1028A Given the nature of the discrepancies and the unauthorized use of my personal information, this situation qualifies as identity theft and a violation of the FCRA. I request the immediate removal of these accounts from all three credit bureaus or further legal action will be taken. 

Thank you for your cooperation in this matter. I look forward to your prompt response. 

Sincerely, XXXX XXXX XXXX XXXX