Consumer complaint received 2025-07-21 00:00:00
Product: Debt collection — Auto debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: Law Offices of Robert J. Colclough, III
State: CA

Complaint narrative:
The debt collector XXXX XXXX XXXX is reporting a repossessed auto loan on my credit report and attempting to collect a balance that has not been properly validated, in violation of FDCPA 809 ( 15 U.S.C. 1692g ). I submitted a formal debt validation request asking for : A copy of the original signed loan agreement A full itemized breakdown of all charges A post-sale accounting statement Proof of the pre-sale notice of disposition A complete chain of assignment showing how the debt was legally transferred from XXXX XXXX XXXX XXXX XXXX Despite this lawful request, no documentation has been provided. Their failure to provide a complete chain of assignment violates FDCPA 809 ( b ), which requires verification of the debt, including evidence that the collector has the legal authority to collect it. Federal courts have confirmed this obligation in XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX. XXXX XXXX. XXXX ), where a debt buyer who could not show assignment failed to validate the debt under the FDCPA. 

I am also requesting a copy of the original signed agreement as part of my dispute under FDCPA 809 ( b ) and FCRA 1681i. Courts have ruled that debt validation must include documentation sufficient to verify the alleged debt and establish that the collector has legal authority to collect including a copy of the original contract or signature, as affirmed in XXXX XXXX XXXX. 

This also violates FDCPA 807, which prohibits false or misleading representations, and FDCPA 808, which bars unfair practices, including attempting to collect a balance that may not be legally owed.

Under the Fair Credit Reporting Act, 15 U.S.C. 1681i and 1681s-2 ( b ), any furnisher of information must ensure the accuracy of the data it reports and must respond to consumer disputes with proper documentation. This debt continues to be reported to the credit bureaus despite the collectors failure to verify it.

Additionally, the repossession and resulting deficiency balance violate UCC 9-611 to 9-616 and California Civil Code 2983.2 and 2983.8, which require the original creditor or its agent to : Provide a proper notice of default and intent to sell Offer a right to reinstate the loan ( in some cases ) Issue a detailed breakdown of how sale proceeds were applied Deliver a final post-sale accounting to the borrower The creditor never provided a breakdown of how the vehicle sale proceeds were applied or how the deficiency balance was calculated, in violation of UCC 9-615 and 9-616 . Without this, the collector can not legally substantiate the remaining balance being reported and collected.

I never received any of these required documents. Therefore, the collector can not substantiate the balance, nor show that the repossession and sale were conducted in accordance with the law. Under the doctrine of estoppel by silence, as recognized in XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. XXXX ), a partys failure to respond when legally obligated to do so XXXX be taken as a tacit admission that the debt is invalid. 

Furthermore, XXXX XXXX XXXX, the original creditor, is still reporting a {$7700.00} balance on the closed account, even though the debt was charged off and transferred to XXXX, who is separately reporting a {$9400.00} collection. This results in : A duplicate tradeline A violation of FCRA 1681s-2 ( a ) A failure by XXXX to report a {$0.00} balance after transfer ( in violation of Metro 2 standards ) A balance discrepancy suggesting unauthorized fees or inflated charges in violation of FDCPA 808 ( 1 ) This double-reporting creates inaccurate, misleading, and damaging information on my credit report, which remains unresolved despite formal dispute.

I am formally requesting the following actions : 1. Immediate validation of the debt including the specific documents listed above 2. Immediate cessation of all credit reporting activity until validation is completed 3. Permanent deletion of the tradeline ( s ) from all consumer credit reports if validation can not be provided 4. Written confirmation of removal or correction Reporting and collecting a balance stemming from an unlawful repossession, and failing to validate it while double-reporting conflicting balances, constitutes a serious violation of the FDCPA, FCRA, UCC, California Civil Code, and industry reporting standards.

Company response to consumer: Closed with explanation