Consumer complaint received 2024-05-03
Product: Debt collection — Payday loan debt
Issue: Written notification about debt — Didn't receive notice of right to dispute
Company: ENOVA INTERNATIONAL, INC. (TN)

I'm writing to formally raise concerns about the debt collection practices of XXXX XXXX XXXX, represented by XXXX, XXXX, XXXX XXXX XXXX XXXX, which I believe are in violation of consumer protection laws, notably the Fair Debt Collection Practices Act ( FDCPA ). 

On or around XX/XX/XXXX, I received a call from a representative of the attorney 's office named XXXX XXXX, followed by a letter from the aforementioned law firm, informing me of a debt collection attempt on behalf of XXXX XXXX XXXX. Although the correspondence provided a customer file number, it omitted crucial identifiable information, including the amount owed and the account number. Prior to this communication, I had no knowledge of either the attorney 's office or the debt collector mentioned. 

Taking swift action, I requested debt validation from XXXX, XXXX XXXX XXXX XXXX XXXX XXXX. via certified mail on XX/XX/XXXX. In response, I received a postmarked letter dated XX/XX/XXXX, which arrived on XX/XX/XXXX, containing only a partial fulfillment of my requests. Notably absent were comprehensive documents supporting the validity of the debt, such as the full account number which was redacted. Among the documents provided were an additional copy of the original letter from the attorney 's office, a notarized affidavit from XXXX XXXX XXXX acknowledging personal knowledge of the account, and a copy of an electronic contract with the original debt collector, revealing CashNet USA as the original creditor. 

Shortly after receiving these documents, I discovered that XXXX, XXXX, XXXX XXXX XXXX XXXX. attempted to serve me again on XX/XX/XXXX, merely XXXX days after I received the debt validation documents. 

Upon further investigation, I contacted a representative of CashNet USA and discovered discrepancies regarding the timeline provided in the UHG Affidavit. Contrary to the affidavit 's claim that the account was charged off on XX/XX/XXXX, I discovered that it was actually sent to collections on XX/XX/XXXX, and remained in collections until it was officially charged off in XXXX. This inconsistency raises significant doubts about the accuracy of the information provided in the affidavit. 

XXXX days later, on XX/XX/XXXX, I received a voicemail from XXXX XXXX of the attorney 's office. Upon returning the call the same day, I spoke with someone named XXXX or a similar name about negotiating a debt settlement offer. During our conversation, " XXXX '' informed me that they had been attempting to serve me with legal documents since XXXX. However, XXXX 's demeanor was rude, and he even raised his voice over mine at one point, prompting me to address his tone. Furthermore, when I pressed XXXX for proof that XXXX had sent me written notices prior to seeking legal action, his response raised concerns about the lack of such notices. After learning of the earlier attempts to serve me, I did research and it was then that I discovered that XXXX XXXX XXXX had made multiple unsuccessful attempts to serve me on XX/XX/XXXX, and several more times thereafter. 

My primary grievance centers around XXXX XXXX XXXX 's failure to provide written notice of the debt, as mandated by the Fair Debt Collection Practices Act ( FDCPA ), before pursuing legal recourse. Despite their purported attempts to contact me, there is no paper trail, certified mail, email correspondence, phone calls, or voicemails demonstrating proactive communication from XXXX XXXX XXXX prior to their pursuit of legal action, nor were any of these documents provided in response to the debt verification request. They did not fulfill their obligation to contact me in compliance with state laws governing debt collection practices. 

I contend that XXXX XXXX XXXX, represented by XXXX, XXXX, XXXX XXXX XXXX XXXX, has neglected their obligation to communicate with me in accordance with state laws governing debt collection practices. Their failure to adhere to these regulations has caused undue distress and warrants intervention. 

Thank you for your attention to this matter. 
-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- XXXX of Events : XX/XX/XXXX : Account sent to collections. 
Year of XXXX : Account remained in collections until officially charged off. 
XX/XX/XXXX : Account sold to XXXX XXXX XXXX. 
XX/XX/XXXX : Received a call from XXXX XXXX of XXXX, XXXX XXXX XXXX XXXX XXXX XXXX, followed by a letter informing of debt collection attempt by XXXX XXXX XXXX. 
XX/XX/XXXX : Requested debt validation from XXXX, XXXX XXXX XXXX XXXX XXXX XXXX. via certified mail. 
XX/XX/XXXX : Received postmarked letter. 
XX/XX/XXXX : XXXX, XXXX, XXXX XXXX XXXX XXXX. attempted to serve legal documents again. 
XX/XX/XXXX : Received voicemail from XXXX XXXX, followed by a conversation with " XXXX '' from the attorney 's office.