Consumer complaint received 2024-10-22 00:00:00
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: Monterey Financial Services LLC
State: MO

Complaint narrative:
Monterey Financial XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX, CA XXXX Re : Account Number XXXX XXXX XXXX XXXX XXXX XXXXXXXX Amount : {$2000.00} Original Creditor : XXXX XXXX To Whom It May Concern, I am writing to formally dispute the above-referenced debt that is currently being reported by your company, Monterey Financial, on my credit report dated XX/XX/year>. This account is inaccurate and should be removed immediately. I have previously disputed this item as fraudulent, and I have filed an identity theft report in compliance with the Fair Credit Reporting Act ( FCRA ). Despite this, the account remains on my credit report, which violates both the FCRA and the Fair Debt Collection Practices Act ( FDCPA ). 

Specifically, I believe that your company is in violation of : FCRA Section 605B : Once a consumer provides an identity theft report and requests the removal of fraudulent information, the credit reporting agency and the furnisher of the information are required to block and cease reporting the disputed debt within 4 business days. As I have already submitted an identity theft report regarding this account, your failure to remove this account constitutes a violation of the FCRA. 
FDCPA Section 805 ( c ) : I am hereby requesting that your company cease and desist from any further communication with me regarding this debt, as I believe it is invalid. Any further attempts to collect on this account, including continued reporting to credit bureaus, would be in violation of the FDCPA. 
This letter serves as a formal cease-and-desist demand, and I expect no further communication regarding this matter unless it is to confirm the permanent removal of this fraudulent account from my credit report. Any further attempts to collect this debt, or continued reporting of this information to any credit reporting agencies, will result in me pursing all available legal remedies. 

FDCPA Violations : Failure to Verify the Debt : Under 15 U.S.C. 1692g, you are required to provide proper validation of the debt upon my request. You have not fulfilled this obligation despite my dispute. 
Harassment and Abuse : Continuing to report this account as unpaid to the credit bureaus without proper investigation into my dispute violates 15 U.S.C. 1692d, which prohibits conduct that harasses or abuses the consumer. 
FCRA Violations : Failure to Investigate Disputed Information : Under 15 U.S.C. 1681i ( a ), credit reporting agencies and data furnishers must conduct a reasonable investigation of disputed information. The failure to remove this account after providing proof of identity theft indicates that you have not conducted an adequate investigation, which is a violation of the FCRA. 
Re-reporting Inaccurate Information : By continuing to furnish inaccurate and unverified information, you are in violation of 15 U.S.C. 1681s-2 ( b ), which mandates that data furnishers correct or delete inaccurate, incomplete, or unverifiable information. 
I demand that you immediately cease all collection activities, remove this account from all credit reporting agencies, and provide written confirmation of this action within 4 days, given the urgency of my situation due to an upcoming employment-related credit check. 


Sincerely, XXXX XXXX

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation