Consumer complaint received 2024-12-12 00:00:00
Product: Debt collection — Credit card debt
Issue: Took or threatened to take negative or legal action — Threatened to arrest you or take you to jail if you do not pay
Company: Blitt and Gaines, P.C.
State: MO

Complaint narrative:
I am writing again to address the adverse remarks on my credit file that have been attributed to me. Since XXXX of XXXX XXXX XXXX XXXX  falsely reported a debt that XXXX  owe you, and said company furthermore have falsely stated to the Consumer Financial Protection Bureau ( CFPB ), references # XXXX, XXXX, XXXX, and XXXX that you have sent a letter to me, dated XX/XX/XXXX. As of XX/XX/XXXX, and despite several requests in writing from me and complaints filed with the CFPB, you have failed to provide any evidence, such as receipt of a signature from alleged send letter, tracking number, et cetera, I have not received either the letter in question, nor have I received any supporting documentation to the alleged debt I owe, and the fact that with XXXX retaining a law firm named XXXX and XXXX XXXX. who has threatened to sue me. In all my complaints you only have provided either blank statements with XXXX written on it, or old credit card statements, which as per the Fair Debt Collection Practices Act ( FDCPA ), does NOT fully satisfy the debt verification requirements. While I would be willingly to acknowledge and assume responsibility for any VALID debts, I am unable to do so in this case without Proper Validation and Proof Of Claim. As per the Fair Credit Debt Collection Practices Act ( FDCPA ), I am, again, formally requesting comprehensive validation of the alleged debt. I seek, once again, evidence establishing that I am the party obligated to settle this debt, and there exists a legally binding contractual obligation compelling me to do so. For clarity, I request, FOR THE THIRD AND LAST TIME, that all communication to me be limited to written correspondence until adequate validation of the purported debt is provided. The Burden of Proof lies with you. To further assist you in meeting this request, please furnish the following required documentation to me : Complete payment history, as per the precedent set by XXXX XXXX XXXX, XXXX XXXX XXXX ; XXXX XXXX. App. XXXX XXXXXXXX. Provide a detailed verification by line item, including information on the purchase date, itemized amounts, receipt of goods, and any relevant details directly from the ORIGINAL CREDITOR. Date of Last Activity Full, accurate Social Security Number that may help to identify me as the correct person you are trying to collect from Agreement that bears the Signature of the alleged debtor, indicating the commitment to pay the original creditor. Furthermore, the obligation between XXXX and ME that authorizes the collection of the alleged debt, along with any transactions binding me to an agreement to pay your company. Proof of photo identification ( i.e. Drivers License, XXXX XXXX XXXX, or other government issued identification card ) presented at the time of incurring the debt. Letter of sale or assignment from the ORIGINAL CREDITOR to your company, including any agreement with your client granting the authority to collect on this alleged debt. ( Agreement with your client that grants the authority to collect on this alleged debt. ) XXXX XXXX XXXX XXXX Services, XXXX, XXXX XXXX ( D.Conn., XXXX XXXX ) - information relating to the purchase of a bad debt is not proprietary or burdensome Any other pertinent information regarding the creation of the debt by your collection agency, such as Where the debt originated from The sum paid by the bad debt buyer for the plaintiffs debt How the total amount was determined A list of all documents that authorize the collection of debts I must emphasize that, under the FDCPA section 809 ( b ), collection activity is prohibited until the debt is duly validated. The court ruling in XXXX XXXX XXXX XXXX ( No, XXXX XXXX, XXXX XXXX XXXX ) confirms that reporting a collection account constitutes collection activity. This case also indicates that any debt collector who uses abusive practices, such as legal threats, are in fact a violation of the FDCPA. Please be aware that this is not a request for partial validation, like you have provided ; rather, it is a demand for full validation of the debt, including all pertinent information to substantiate the amount, the original creditor 's records, and any documentation showing the transfer of the debt to your agency. This request includes, but is not limited to, itemized statements detailing any charges, payments, and adjustments associated with the alleged debt. While I prefer not to litigate, I will use courts as needed to enforce my rights under the FDCPA and other statutes. While I have received information from Blitt and Gaines, none of the documents they have provided are proof that I owe a debt to XXXX, not are they the documents I have asked for. Furthermore, pages were redacted, and had crucial information blacked out, which raises concerns on the legality of this whole situation. If Blitt and Gaines/PRA can not provide the exact documents I'm asking for in this letter, and continues to harass me without providing these documents, I see no other choice than to seek legal action against both companies. In a debt collection case, the plaintiff ( the entity suing ) must prove they own the debt they're attempting to collect. Merely presenting bank statements showing transactions related to the debt does not necessarily establish legal ownership of the debt. The plaintiff typically needs : A valid contract or assignment agreement showing the transfer of debt ownership. A chain of title for the debt, particularly if it has been sold multiple times. Furthermore Bank statements may show evidence of payment history or account balances but are not definitive proof that the entity presenting them owns the debt. Ownership requires documentation linking the debt to the suing party. THE PROOF OF BURDEN LIES WITH XXXX XXXX XXXX  AND BLITT AND GAINES. This is a final attempt before I will seek other options to stop the harassment by both companies in this matter. Additionally, I have contacted Blitt and Gaines via telephone, and no employee was willing to talk to me, and even one employee stated that he will not waste his time with me. I have a recording of said phone calls with names in this regard. Thank you for your cooperation, XXXX XXXX

Company response to consumer: Closed with explanation