Consumer complaint received 2025-02-04 00:00:00
Product: Debt collection — Credit card debt
Issue: Took or threatened to take negative or legal action — Threatened or suggested your credit would be damaged
Company: Nelson and Kennard, LLP
State: MA

Complaint narrative:
I am filing a complaint against XXXX XXXX XXXX, Nelson & Kennard, and XXXX XXXX XXXX ( XXXX ) for violations of federal consumer protection laws, including failure to comply with the Fair Debt Collection Practices Act ( FDCPA ) and breach of an arbitration agreement. 
Timeline of Events : XX/XX/XXXX : Last payment was made to XXXX XXXX XXXX on the account ending in XXXX. 
XX/XX/XXXX : The account was charged off by XXXX. 
XX/XX/XXXX : XXXX XXXX XXXX ( XXXX ) sent a collection notice stating that they are the current creditor and demanding {$2700.00}. 
XX/XX/XXXX : I sent XXXX a Notice of Intent to Sue ( XXXX ) for violation of the arbitration clause in my credit agreement, requesting that they recall the debt from third-party collectors. 
XX/XX/XXXX : XXXX responded ( XXXX of the XXXX ), claiming that the account was not sold but was placed with Nelson & Kennard for collections. However, this directly contradicts XXXX claim that they own the debt. 
XX/XX/XXXX : I sent a formal request for clarification to XXXX, asking for documentation explaining why both XXXX and Nelson & Kennard claim involvement in the debt. 
XX/XX/XXXX : Nelson & Kennard sent a letter stating they have been authorized to file a lawsuit to collect the balance. 
XX/XX/XXXX : I sent a debt validation request to Nelson & Kennard, demanding a full breakdown of the debt and proof of their legal right to collect. I also informed them that any lawsuit would be met with a counterclaim due to XXXX failure to adhere to the arbitration agreement. 
XX/XX/XXXX : I received no documentation or evidence of valid debt ownership from Nelson & Kennard, yet they continue collection threats. 

Issues Raised : Breach of Arbitration Agreement My credit agreement with XXXX includes an arbitration clause, requiring disputes to be resolved through arbitration, not litigation or third-party collections. 
XXXX has ignored this requirement and placed the account with multiple third-party debt collectors, violating our agreement. 

Conflicting Claims Over Debt Ownership XXXX claims the debt was not sold but placed with Nelson & Kennard for collections. 
XXXX claims they are the current creditor and are actively collecting on the debt. 
If XXXX did not sell the debt, why is XXXX claiming ownership and demanding payments? 

Failure to Provide Proper Debt Validation Despite multiple requests, XXXX, XXXX, and Nelson & Kennard have failed to provide : An itemized breakdown of the charges. 
The original signed contract. 
Proof of legal assignment of the debt. 
Under 15 U.S.C. 1692g ( b ) of the FDCPA, they must cease collection efforts until they validate the debt. They have not done so and continue collection attempts. 

Unlawful Collection Threats & Intent to Sue Without Proof of Debt Nelson & Kennard is threatening litigation despite being legally bound to arbitration under the contract. 
XXXX has selectively cited portions of the agreement to justify collection actions while ignoring the arbitration clause. 
This is a deceptive and unfair debt collection practice. 

Failure to Respond to Dispute Requests in a Timely Manner XXXX has ignored multiple written dispute requests, in violation of the Fair Credit Reporting Act ( FCRA ).

Company response to consumer: Closed with explanation