Consumer complaint received 2020-04-10
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt is not yours
Company: Jonathan Neil & Associates, Inc (CO)

LETTER ONE I have received a letter dated XX/XX/XXXX from a company, possibly a law Firm, called Jonathan Neil & Associates , Inc. with California address. The letter stated that, if I do not respond to the letter within 7 business days, they may request to suspend my driver 's license and remove my license plate registration. The letter affirmed, which later turned out to be FALSE and INVALIDATED, that I had an accident, presumably an auto accident, with a person ( no name was given ) insured with XXXX on XX/XX/XXXX. It also stated that they will immediately stop any efforts that they may have begun suspending my license or registration IF I PROVIDE my auto insurance and the PERSONAL information to the Firm. It further stated, and threatened, that they will review this case to possibly seek a judgement to SUSPEND MY LICENSE and/or MY CARS LICENSE PLATE REGISTRATION after the 7 day period Knowing I was not involved with any accident with anyone on the date ( XX/XX/XXXX ) shown on the letter, I thought the letter was sent by mistake. I did not respond to the letter because I also thought the letter could be a scam aiming unlawful activities. Also, there is no need to provide my insurance and the PERSONAL information to any random 3rd party, whether it is a person or a company. There was no further communication or activities from the said company, Jonathan Neil & Associates , Inc., until they sent out the second letter a month later. 

LETTER TWO I have received the second letter dated XX/XX/XXXX from the same company, Jonathan Neil & Associates , Inc. ( the Firm ). This time the letter identified the Firm as the collection agency and stated that if I do not respond and dispute the debt of {$1300.00} within 30 days, they will obtain verification of the debt or a judgement. Even if there is no evidence or verification of the debt is provided, the Firm THREATENED that they WILL file a suit against me if I do not make the payment and that they WILL seek to recover such court costs and attorneys fee as ALLOWED BY LAW Being concerned that I was falsely accused of a debt which I do not owe, I responded to the Firm 's letter by sending a certified mail dated XX/XX/XXXX. In the response letter, I have specifically requested them to provide verification and documentation that there is a valid basis for claiming that I am required to pay the debt to their Current Creditor ( XXXX ). For example, I asked them to provide a copy of the written agreement or any legal documents executed by 1 ) us, or 2 ) a person with a power of attorney acting on behalf of us, or 3 ) a government official with proper authority within the jurisdiction of this matter, that created the original requirement to pay. My response letter further requested the Firm to prove the Firms authority to collect the debt in the state of CA and CO, by providing 1 ) debt collection license, 2 ) license number, and 3 ) the name, address and telephone number of the state agency issuing the license. 

LETTER THREE I have received the third letter dated XX/XX/XXXX from Jonathan Neil & Associates , Inc. ( the Firm ) for the Firms response to my letter sent on XX/XX/XXXX. 

For the requested proof of the Firms authority in collecting debt in the state of CA and CO, the letter from the Firm simply stated, We represents the above referenced client ( XXXX ) for matters or subrogation, and for that stated purpose, we have the right to speak on their behalf. No further information on the Firms authority to collect the debt such as 1 ) debt collection license, 2 ) license number, and 3 ) the issuing state agency was provided. 

With regards to the verification of the debt, the Firm provided the following. 

ITEM ONE ( 1 page ) : A letter from the XXXX ( my insurance company ) DENYING any and all coverage against the claim filed by the Firms client ( XXXX ) implicating the claim raised by XXXX turned out to be FALSE AFTER INVESTIGATION IS CONDUCTED ITEM TWO ( 10 pages ) : A random automobile repair bill written for a person named XXXX, XXXX ( possibly XXXX insured ) for a XXXX XXXX XXXX, with NO INFORMATION PROVING THE DOCUMENTS RELEVANCE TO ME. 

ITEM THREE ( 2 pages ) : A bill from a rental car company, XXXX XXXX, for a vehicle rental by the person, XXXX XXXX, again with NO INFORMATION PROVING THE DOCUMENTS RELEVANCE TO ME. 

The ITEM ONE, the letter from the XXXX, clearly states that the incident occurred on XX/XX/XXXX is not applicable to my auto insurance policy and hence denied for any and all coverage. In addition, in the letter from the XXXX which the Firm itself has provided to me, the date of the incident shows a different date from the Date of Loss the Firm has specified in all their letters. Both of the above facts, along with the fact that the Firm retained the copy of this letter from the XXXX, indicate the Firm KNOWS or SHOULD KNOW the debt they made the accusation against me is FALSE. This is clearly in violation of the FDCPA and the FCRA rule. 

More importantly, it can be inferred that the XXXX already had, or was able to get, the information about my auto insurance policy from the Firms client, XXXX, or by directly contacting my insurance company, XXXX. Hence, it can be further inferred that Firms first letter dated XX/XX/XXXX, WHICH DID NOT DISCLOSE THAT THEY ARE THE DEBT COLLECTING COMPANY AND THAT THE PURPOSE OF THE LETTER IS TO COLLECT THE DEBT, INTENDED, PURPOSELY, TO DECEITFULLY LEAD me INTO providing my insurance information so the Firm can use it against me to collect the debt I DO NOT OWE. I allege that this is an UNLAWFUL activity committed by the Firm which allegedly practices law, or a MALPRACTICE at its minimum. 

ITEM TWO and ITEM THREE, as I stated above, appear to be random bills which DO NOT SHOW ANY INFORMATION PROVING THE DOCUMENTS RELEVANCE TO ME as the person responsible for the debt the FRIM is trying to collect against me. 

Even if the documents provided by the Firm as the verification of the debt indicate the exact opposite, in that the debt is falsely imposed against me, the Firm still tries to induce me to make a payment stating Attached is the verification that you requested. The balance of {$1300.00} is now due and payable to our office. Contact our office immediately for remittance instructions. 

In response to the Firms third letter dated XX/XX/XXXX, I have mailed a certified letter, with return receipt, to the Firm on XX/XX/XXXX. In the letter I have advised that the Firm is violating the FDCPA and the FCRA if they report a debt that they know or should know to be false. I have also provided the copies of my response letter to the Firms client, XXXX, and the XXXX. However, not all the information I have stated here is provided to the Firm, especially the speculation of the possible break of law by the Firm, which I am in the process of having the case reviewed by the States regulatory commission and the States Attorney Generals office. 

It is in this stage I am respectfully submitting this complaint against the Firm for your review and consideration. I have attached all correspondences between the Firm and myself, and the letter from XXXX to XXXX ( ITEM ONE ) to facilitate your investigation process. The ITEM TWO and ITEM THREE are not attached due to the large number of pages ( 12 ) and, more over the documents irrelevance to me. However, they can also be provided if needed and upon your request.