| Issue |
Took or threatened to take negative or legal action
|
| Timely |
Yes
|
| Company |
Red Target LLC
|
| Product |
Debt collection
|
| Sub Issue |
Sued you without properly notifying you of lawsuit
|
| Sub Product |
I do not know
|
| Date Received |
2024-09-12
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2024-09-17
|
| Complaint What Happened |
I received a letter last year dated XX/XX/XXXX from Red Target, LLC dba SCJ Commercial Financial Services, addressed to my business, XXXX XXXX. This letter was to advise the account and all rights and obligations relative, had been sold, transferred, and assigned to Red Target LLC dba SCJ Commercial Financial Services. The letter referenced additional information is available upon request, such as an itemized accounting of the amount owed and a contract or other document evidencing the debt.
After reviewing information provided on the CFPB 's website I thought this could be a scam. I drafted a validation of debt letter on XX/XX/XXXX as per the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692 ( G ) Section 809 ( B ) requesting valid proof of claim that I am legally obligated to pay. Their letter only referenced the original creditor, XXXX XXXX, and I requested in my correspondence the amount you claim the Respondent owes you, an explanation showing how you have computed the amount, copies of any documents that prove I agreed to pay the alleged amount and the original lawful contract. This signed validation of debt letter was sent certified mail and received XX/XX/XXXX at XXXXXXXX XXXX ( # XXXX ). XXXX months went by with no response from Red Target LLC, no copies of an original lawful contract or amount of alleged debt, nothing. On XX/XX/XXXX XXXX separate summons to appear in court were delivered to my home when I was not there and not directly to me. These summons to appear for pretrial conference had copies of the contract attached to them. Finally I was able to see some sort of documentation. I had XXXX weeks to review the contract and appeared in court today, XX/XX/XXXX. I asked how they came up with the amount stated I allegedly owed, why they never got back to my request sent certified mail, when was the last payment made on account, how much of the loan was paid in total and could not get an answer in mediation. Even after all this I offered to pay an amount that I could afford as a small business owner and father of XXXX. The offer in mediation today was not accepted and this lawsuit will be going to court again soon. This loan was with the original creditor XXXX XXXX when Covid 19 shut the world down in XXXX. Payments were withdrawn from my bank account on a daily basis. My business, and same bank account number never closed and is still open today, however the company stopped withdrawing payments from the account. I thought the loan must have been paid in full or the company went out of business because of the pandemic. NO communication was ever sent to me over the next XXXX years. I am writing this complaint after today 's court appearance, the agent on behalf of my business, asking the plaintiff Red Target LLC for a voluntary dismissal. The law states that if you believe a debt collector has violated the FDCPA by not responding to your validation request, you can file a complaint with the Consumer Financial Protection Bureau ( CFPB ). 15 U.S.C. 1692e False or Misleading Representations, Section 1692e ( 2 ) : If a company continues to report a debt to credit bureaus or take collection actions without validating the debt, it could be considered a misleading representation, which is prohibited under this section. 15 U.S.C. 1692g Validation of Debts, Section 1692g ( b ) : This section of the FDCPA requires debt collectors to cease collection efforts until they provide the requested validation of debt after receiving a timely dispute or validation request from the debtor. If the company continues to pursue collection without providing the validation, it may be violating this provision. Red Target LLC continued to pursue collection through a summons to appear in court. I hope this helps others when dealing with fraudulent debt collectors and can help other consumers in the future if this is published on the CFPB website. Thank you for having this government agency to protect consumers and learn about their rights under the FDCPA.
|
| Consumer Consent Provided |
Consent provided
|
|
| Issue |
Communication tactics
|
| Timely |
Yes
|
| Company |
Red Target LLC
|
| Product |
Debt collection
|
| Sub Issue |
Used obscene, profane, or other abusive language
|
| Sub Product |
Auto debt
|
| Date Received |
2024-09-11
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2024-09-12
|
| Complaint What Happened |
I had an auto loan financed with XXXX XXXX on XX/XX/XXXX. I started to struggle with the payments in XXXX which resulted in my default. XXXX during XXXXwhere their collection associates called numerous times a day every day of the week. If I did not answer the call they would call over and over again and leave no message. They called my employment phone after I advised that I could not receive calls at work. Then they began to call me on my mobile telephone during my work hours, again I requested that they not call during those hours to no avail. I did not provide permission for them to call my cellular telephone. They continued to call my cell phone numerous times a day and call me back the same day after talking to me already. The associates then began to curse and threaten to report me to the police and have me cited as well as call and tell my employer of my debt. I advised caller to cease and desist and that they were in violation of the fair debt collection act to which they laughed and called me more derogatory names.
I provided a written request to cease and desist. I still received a few calls. I finally got a manager and we discussed the fair debt violations along with calling my cell phone after I advised to not call same and an agreement was made that the violations and the remaining debt was a wash. I agreed to surrender the vehicle. It took until I called again months later advising that I was going to cancel insurance on vehicle and they needed to pick up the vehicle. Finally they picked up the car, in XX/XX/XXXX. Based on the agreement discussed, I assumed the matter was complete.
I received a class action card for XXXX based on their violations of the fair debt collection act. This information certainly backs my interaction.
In XXXX of XXXX Red Target LLC dba SCJ Commercial Financial Services bought a group of collection accounts from XXXX. The next thing I know this new company files a legal action against me for over {$10000.00} in XX/XX/XXXX. A span of nearly 4 years from the time of repossession to legal action.
I have advised new company of the issues and that my debt was not with them. However, now they have attempted to have a judgment entered against me with the court.
I dont understand how a company like XXXX that clearly violated Fair Debt Collection Act can later sell its collection accounts for money to another company to put those people through the mud once again.
|
| Consumer Consent Provided |
Consent provided
|
|
