ComplaintsforRegional Credit Services

• Initial Complaint

  08/26/2021

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  The basis for my dispute Regional Credit Services Inc ,Mrs. Angela Weiss, Owner,Regional Credit Services Inc,**********XXXX,$148 - was required to notify me prior to 07/29/2020, or no later than 30 days after. Regional Credit Services Incfailed to notify me about reporting derogatory info. to Equifax, Experian, and Transunion In section 603(p) 15 U.S.C. ss 168s-2(a)(7)(A)(I); “The notice required under subparagraph (A) shall be provided to the customer prior to, or no later than 30 days after 07/29/2020, furnishing the negative derogatory information to a consumer reporting agency described in section 603 (p),’ 15 U.S.C. ss 1681s-2(a)(7)(B)(I). Plus broke commercial law under UCC § 9.501 that all notices were timely and properly given by dated certified mail receipt. They were not met. I asked for documentation & received no response. Also, Regional Credit Services Inc" failed to give me my "Mini-Miranda" five days prior to placing this derogatory item on all of my credit reports,

  Business response

  08/31/2021

  To whom it may concern,

  
  We are a third-party collection agency for Fidelity Communications.
  We received this account in our office 2/20/2020, on which date the validation notice was sent to the same address submitted with this dispute: 109 AVALON DR APT D, ATLANTA, TX 75551.
  We received a dispute via BBB on 9/21/2020.
  We opened an investigation within our dispute resolution department.
  We updated the consumers credit report to reflect the dispute.
  We obtained validation from Fidelity Communications, which is attached to this response. 
  Validation was mailed to the same address the consumer submitted with the BBB dispute.
  We received another BBB dispute on 8/27/2021. The complaint has been sent to our dispute department to be processed.   
  We have taken all required steps to resolve this dispute.

  Please contact us directly with any questions regarding this complaint or our response. 

  Thank you, 

  Regional Credit Services 

  888-390-0010

  Customer response

  09/02/2021

  Complaint: ********
  
  I am rejecting this response because::  I never received all the docs and required FDCPA notices that  Regional Credit Services" Company allege they sent with no proof , no one said they're to send certified mail, but courts have held that:
  A “strong presumption” of receipt applies when notice is sent by certified mail, because it creates actual evidence of delivery in the form of a receipt. Santana Gonzalez v. Att’y Gen., 506 F.3d 274, 279 (3d Cir. 2007) (emphasis added). A “weaker presumption” arises where delivery is sent via regular mail, for which no receipt, or other proof of delivery, is generated.
  Also, I have no agreement or sign contract with  Regional Credit Services under Texas contract law, but continue collection action which is a $1000 violation:
  1.The Debt Collector must offer proof of the debt as owed by providing copies of the signed intrument or judgment from the original creditor. LeFevre, FTC informal staff opinion letter, May 17, 1993. See Ost v. Collection Bureau, Inc. 493 F. Supp. 701 (D.N.D. 1980); gRAZIANO V. HARRISON, 950 f.2D 107 3D cIR. 1991); Miller v. Payco General American Credits, Inc. 943 F.2d 482 (4th Cir 1991), et seq.
  2.
  So,  Regional Credit Services" violation of continuing collection activity and no proof that I was served with my "Mini-Mirandi" rights, neither shown to the BBB or me, I will go forward with my legal action, as well as turn this over to the proper governmental agencies and Gary Nitzkin if not removed from my credit report(s) immediately!
  
  
  
  
  
  Sincerely,
  
  ****** *****

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