Consumer complaint received 2021-12-30
Product: Debt collection — Payday loan debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: V and H Portfolio (TX)

I had absolutely zero communication of any kind regarding this tradeline or debt. 

Only yesterday, XXXX did I get a notification from XXXX credit protection that a debt collector reported a delinquency. This was shocking because I don't have any delinquencies. I reviewed my XXXX reports and found Vance & Huffman LLC. 

Never before was any original debtor trying to collect. Never was a letter sent. Never a phone call. Not even an email. The dates and amounts are not disclosed. And Vance & Huffman will not provide proof of ownership as rightfully due per FDCPA and FCRA rules. 

Instead, I tried to call - no answer. Their voicemail doesn't work. They are not open Fridays. They have been named litigants ( defendants ) in multiple lawsuits. They are under scrutiny for predatory collection practices, and a unique styling whereby they wait for a consumer to repair/secure a favorable credit score and sustain for several months. Then they drop an unsupported collection to see of the consumer will pay, seemingly under duress. 

I am currently alleging both civil and criminal fraud based on the general practice and specific knowledge I have. 

My only means of correspondence was by web contact, where I issued the below today, XXXX : Greetings, This is my first and only demand letter for proof of ownership and information pertaining to the alleged debt your firm has placed as a collections tradeline on my XXXX Credit Report. Under FCRA rules, you must provide details to support your claim and justify my affiliation with the alleged debt and/or delinquency. 

You have 10 calendar days to respond before I seek all available recourse and remedy against your firm for fraud, solicitation of information under false pretenses, falsification of facts, and willful consumer deception. I have never heard of your company or the tradeline represented. 

Notwithstanding any alleged suspicions or outcome of purported investigations, it is your burden to demonstrate consumer responsibility. I hereby make this official demand following my unsuccessful attempt to call your offices. If your firm does rescind reports of this derogatory account and issue a blanket, written statement absolving my alleged liability and conceding error, I will escalate to evaluate both actual and punitive remedies for reputational harm, opportunity cost, recovery of time invested, and failure to mitigate. 

If you choose to bring suit, which I encourage, do advise of dates of service and jurisdictional setting. I wish to be present at all hearings. 

By simply disregarding several identifiable procedural steps as set forth by governing jurisdictional bodies over Credit matters such as the FDCPA, FCRA, CFPB, standards under XXXX, IRS Tax and Lien Code, and Interstate Commerce Code, your firm has made critical errors, if not willful attempts to harm, from the outset. Vance & Huffman neglected any effort to contact me prior to, or during this collection. Likewise with your client or former tradeline holder. I've not heard of them or from them, ever. 

Lastly and in absence of evidence suggesting any legitimacy, I am asserting that your firm has acted criminally in violation of local, state, and federal fraud statutes. Vance & Huffman has made apparent by their business model and practices that personal gain or unjust enrichment is the outcome of this fraud if not combated. I intend to refer your company to the US Attorney for the Eastern District and the Dept. Of Justice for a more thorough investigation. 

It is not acceptable, unlawful, or ethically sound to defraud and cause harm to consumers for monetary gain. I await prompt, thorough, diligent, courteous, and truthful responses from Vance & Huffman.

If you extra time, do advise within 48 hours. 

Sincerely, XXXX XXXX