{"took":167,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":38,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"2969066","_score":21.590693,"_source":{"product":"Debt collection","complaint_what_happened":"I had owned and operated a XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX. I became XXXX and was no longer able to work. I had to close the business, which officially ceased operations on XXXX, and I filed for bankruptcy on XXXX. The US Bankruptcy Court sent notices to all my creditors and myself stating that creditors are barred from contacting me and attempting to collect on the debt. \n\nA customer who had placed a deposit with me on XXXX via Paypal and his financial institution ( in an email dated XXXX, Paypal calls this financial institution a \" credit card company '' ) contacted me via email on XXXX. In this email, he acknowledged receiving the notice from the US Bankruptcy Court, but still made an attempt to collect on the debt. \n\nI contacted my attorney, who sent a letter dated XXXX that told him that his \" efforts may be a violation of the U.S. Bankruptcy Court 's order. '' My discharge was issued on XXXX. \n\nOn XXXX ( notice the timing here ), this customer filed a chargeback with his financial institution for the amount of the Paypal transaction, which triggered the case/dispute process with Paypal. Paypal removed the {$94.00} from my account with no notice. \n\nI called Paypal and subsequently provided them with a copy of all of my pertinent court documents, including the order of discharge. Paypal told me during this or a subsequent phone conversation with them that they would forward all of my documentation to the buyer 's financial institution. \n\nOn XXXX, Paypal issued me a temporary credit for the disputed amount. \n\nOn XXXX, I received an email from Paypal in which Paypal acknowledged receiving my court documents and information. Also in this email, Paypal calls it a \" chargeback. '' On XXXX, I received another email from Paypal stating that the customer ( \" buyer '' ) \" has opened a case for this transaction. '' I was also charged a {$20.00} chargeback fee, which Paypal later reversed after I told them that the buyer was attempting to collect on a legally discharged  debt. \n\nOn XXXX, I received another email from Paypal that stated that \" After our efforts to resolve this dispute on your behalf, your buyer 's financial institution decided in the buyer 's favor. '' Apparently his credit card company either never received my court documents or they simply ignored the court order. \n\nOn XXXX, Paypal again removed the {$94.00} from my account with no notice. I called them again. \n\nOn XXXX, Paypal 's legal department signed for and took possession of hard copies of all of pertinent court documents, including the order of discharge. \n\nOn XXXX, I received another email from Paypal, this time from their collections department, demanding the {$94.00}. I called then yet again and told them that they broke the law when they took the money because they are party to collecting on a legally XXXX debt. They said that this {$94.00} was not part of that discharge, since it was credit extended to me in XX/XX/2018. \n\nBoth Paypal and the customer 's financial institution found in the customer 's favor. I had no choice but to pay on this XXXX debt or lose my Paypal account. \n\nI fail to understand how the customer 's credit card company could find in his favor. The debt was incurred before my filing date and discharged in XX/XX/2018. \n\nI have since learned that rules and laws were violated in this entire process. Paypal has a XXXX rule for filing a dispute, but the customer was allowed to file a dispute a full 15 months after the initial transaction. And the financial institution broke the law when it found in his favor on a legally discharged debt. The US Bankruptcy Court issued an order of discharge, legally removing the debt, yet the customer was able to collect. The customer and his financial institution are in contempt of court. \n\nI have also learned that many other disgruntled buyers, scamming buyers, and disgruntled creditors have learned the trick of the \" chargeback '' to collect money. \n\nWithout knowing which financial institution this is, I have no recourse in this matter. All I know is that Paypal told me in a phone conversation that they would provide the buyer 's credit card company with all of my pertinent court documents, yet they still broke the law and found in the customer 's favor. And Paypal refuses to name the company, preventing me from contacting them in order to object to the decision. \n\nMy lawyer advised me that taking this customer back to court will probably not gain me anything, and I can't afford to go back to court anyway. And what is to stop my other disgruntled customers from doing the same thing? I thought my debt was supposed to discharged and all my creditors are supposed to be barred from harassing me and retaliating against me and trying to collect on the debt. \n\nI think that the buyer/customer got by with this chargeback because he had sent me two ( 2 ) deposits, one for {$94.00} on XXXX as a deposit on one product, and then sent a second deposit of {$250.00} on XXXX for another product. This adds up to {$340.00}, which was the total amount of the debt owed to this customer, listed in the court documents. Paypal 's own records prove these two payments were sent from the buyer to me before my filing date. I think he either claimed that the {$94.00} was not part of the court case or he lied to his credit card company about why the funds were sent to me. \n\nWhat good is an order of discharge if my creditors can still collect using the chargeback process? \n\nIs there anything you can do to help me?","date_sent_to_company":"2018-07-20T18:02:38.000Z","issue":"Attempts to collect debt not owed","sub_product":"I do not know","zip_code":"539XX","tags":null,"has_narrative":true,"complaint_id":"2969066","timely":"Yes","company_response":"Closed with monetary relief","submitted_via":"Web","company":"Paypal Holdings, Inc","date_received":"2018-07-19T22:01:17.000Z","state":"WI","company_public_response":null,"sub_issue":"Debt was already discharged in bankruptcy and is no longer owed"},"highlight":{"complaint_what_happened":["I had to close the business, which officially ceased operations on XXXX, and I filed for <em>bankruptcy</em> on XXXX. The US <em>Bankruptcy</em> <em>Court</em> <em>sent</em> <em>notices</em> to all my <em>creditors</em> and <em>myself</em> <em>stating</em> that <em>creditors</em> are barred from contacting me and attempting to collect on the debt. \n\nA customer who had placed a deposit with me on XXXX via Paypal and his financial institution ( in an email dated XXXX, Paypal calls this financial institution a \" credit card company '' ) contacted me via email on XXXX."],"sub_issue":["Debt was already discharged in <em>bankruptcy</em> and is no longer owed"]},"sort":[21.590693,"2969066"]},{"_index":"complaint-public-v1","_id":"5572733","_score":20.823189,"_source":{"product":"Debt collection","complaint_what_happened":"Jacob Law Group , PLLC ( lawyer/debt collector ) 1. Jacob Law Group , PLLC sent me a ( non-certified mail ) computer generated unsigned collection notice ( dated for XX/XX/XXXX ) stating that they are a debt collector attempting to collect a debt. I was confused because when I read it as being a law group, I thought I was about to be sued. I thought to myself how can they be a lawyer 's office and a debt collector at the same time -- really had me worried and confused. They sent me a collection letter for a debt allegedly owed to XXXX XXXX for {$620.00} that was discharged in my bankruptcy ( XXXX ) XX/XX/XXXX ( XXXX # XXXX ). I received the letter in my mailbox on XX/XX/XXXX. \n2. I responded by sending them a validation of debt and proof of claim letter ( dated for XX/XX/XXXX ) by certified mail ( # XXXX XXXX XXXX XXXX XXXX ) and stated to them that they are trying to collect a debt that was discharged in my bankruptcy. Jacob Law Group, LLC received it on XX/XX/XXXX. \n3. I received a non-certified mailed response to my validation letter ( dated for XX/XX/XXXX ) from Jacob Law Group, LLC in my mailbox on XX/XX/XXXX stating that the Current Creditor is XXXX XXXX XXXX ; Original Creditor : XXXX XXXX XXXX XXXX. and enclosed with XXXX XXXX XXXX XXXX XXXX XXXX XXXX dated for XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX. \n4. I responded by sending certified mailed ( # XXXX XXXX XXXX XXXX XXXX ) mailed on XX/XX/XXXX Demand for Debt Collector Declaration and Proof of Claim letter ( dated for XX/XX/XXXX ) and Notarized Affidavit ( notarized XXXX XX/XX/XXXX in XXXX XXXX, XXXX XXXX. \n5. On XX/XX/XXXX, I was walking to my apartment door and noticed a paper on the ground ( I video recorded the paper on the ground in front of my door ). I read the words on the paper and it said Justice Court Summons for XXXX XXXX XXXX CO JACOB LAW GROUP PLLC XXXX XXXX XXXX -- DECLARATION : Total demand {$620.00} PLUS {$81.00} court costs PLUS INTEREST and have there this writ. The court date is set for XX/XX/XXXX at XXXX am at JUSTICE COURT XXXX XXXX XXXX, XXXX, XXXX XXXX. \nI am being summons to court after I responded to JACOB LAW GROUP telling them that this was a discharged debt and as validation and proof of claim which I clearly stated in my first response that I was disputing this debt and collections must cease. I have been very stressed, getting no sleep, and I don't know who saw or looked at that paper that was on the ground at my door. I felt very, very humiliated and ashamed. \nI am also sending a debt validation notice to other debt collectors who have sent a collection letter or are trying to contact me to pay this same debt that was discharged in my bankruptcy. \nThe following collection agencies and their collection letters date are all listed within this time frame of XXXX to present of trying to collect this same debt. \nA. XXXX XXXX XXXX ( reported this debt on my XXXX consumer report with status updated XX/XX/XXXX discharged in bankruptcy ) [ So they had full knowledge of the debt being discharged in bankruptcy. ] Other owners of this account : XXXX XXXX, XXXX and XXXX, XXXX ; XXXX XXXX XXXX XXXX ; and XXXX Originator XXXX XXXX. XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX JACOB LAW GROUP , PLLC XX/XX/XXXX XXXX XXXX XXXX XXXX ( After I mailed XXXX the first response, I received 2 notices from this company XX/XX/XXXX stating that they \" received a recent inquiry regarding the above account... and have enclosed the account summary which provided verification of debt. '' They also sent the same XXXX XXXX XXXX XXXX XXXX XXXX dated for XX/XX/XXXX and an Account Summary Report dated for XX/XX/XXXX at XXXX PM with the following Account Information ( the original creditor : XXXX XXXX XXXX ; Origination date : XX/XX/XXXX ; Charge-off date : XX/XX/XXXX ; Charge-off amount : {$620.00} ; Account acquired on : XX/XX/XXXX ; and, account balance at time of acquisition : {$620.00}. \nIn my debt validation letter and demand letter, this company has not sent me anything proving that they own this debt and have full knowledge that this debt was discharged in a bankruptcy and they are still harassing me with a law suit after I have given them proper notice. \nATTACHMENTS : I have attached a screen shot of the debt being reported to the consumer reporting agency.","date_sent_to_company":"2022-05-18T04:17:34.000Z","issue":"Attempts to collect debt not owed","sub_product":"Credit card debt","zip_code":"39532","tags":null,"has_narrative":true,"complaint_id":"5572733","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Jacob Law Group, PLLC","date_received":"2022-05-18T03:15:25.000Z","state":"MS","company_public_response":null,"sub_issue":"Debt was already discharged in bankruptcy and is no longer owed"},"highlight":{"complaint_what_happened":["Jacob Law Group , PLLC <em>sent</em> me a ( non-certified mail ) computer generated unsigned collection <em>notice</em> ( dated for XX/XX/XXXX ) <em>stating</em> that they are a debt collector attempting to collect a debt. I was confused because when I read it as being a law group, I thought I was about to be sued. I thought to <em>myself</em> how can they be a lawyer 's office and a debt collector at the same time -- really had me worried and confused."],"sub_issue":["Debt was already discharged in <em>bankruptcy</em> and is no longer owed"]},"sort":[20.823189,"5572733"]},{"_index":"complaint-public-v1","_id":"4082641","_score":18.165684,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"Chapter XXXX Bankruptcy This account was disputed XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX On XX/XX/XXXX I disputed a Bankruptcy on my account that is showing inaccurate information and asked TransUnion to provide me with this information. They have yet to respond to my letters dated XX/XX/XXXX and also XX/XX/XXXX. XXXX responded saying it was thru XXXX XXXX and also checked on their website on where this information will be coming from since they never responded and sent a request to XXXX XXXX for my file to investigate myself. I have received two notices from XXXX XXXX stating they have no file in my name so how are they getting this information? So I have sent them another letter dated XX/XX/XXXX and still no response. \n\nThis public record information is inaccurate and unverifiable. Reference # TransUnion shows XXXX, XXXX XXXX and XXXX shows XXXX. TransUnion shows Court as US Bankruptcy Court, XXXX US BKPT CT FL XXXX XXXX, and XXXX  XXXX. \n\nXXXX {$1500.00} This account was disputed XX/XX/XXXX, XXXX, XX/XX/XXXX and again XX/XX/XXXX This account is being reported as a charge off with the date of last payment of XX/XX/XXXX but the payment history shows OK XX/XX/XXXX thru XX/XX/XXXX and have also reached out to XXXX with no response. \n\nXXXX XXXX XXXX ( Original Creditor : XXXX XXXX XXXX XXXX. ) XXXX {$790.00} This account was disputed XX/XX/XXXX, XXXX, XX/XX/XXXX and again XX/XX/XXXX XXXX DISPUTE XXXX XXXX XXXX ( Original Creditor : XXXX XXXX XXXX XXXX. ) Account Type inaccurate Shows open but comments shows its in collection - please delete this account for inaccurate reporting Date Last Active : TransUnion XX/XX/XXXX, XXXX XX/XX/XXXX and XXXX XX/XX/XXXX This account has obviously been reaged & this account is incomplete and unverifiable with your verification response missing the date of first delinquency which is a violation not supplying the FCRA compliance date. Also have asked you to provide me with the individual you verified this information with on XX/XX/XXXX and still have not gotten a response but an automated response letter with an date of first delinquency XXXX.XXXX. XXXX, XXXX ( Original Creditor : XXXX XXXX XXXX XXXX ) {$160.00} ( XXXX XXXX ) XXXX.XXXX. XXXX, XXXX ( Original Creditor : XXXX XXXX XXXX XXXX ) {$160.00} ( XXXX XXXX ) These accounts have been disputed XX/XX/XXXX, XXXX, XX/XX/XXXX and again XX/XX/XXXX This account is duplicated and showing on my credit report 2 times with the same information. This is a clear violation and needs to be removed immediately. XXXX has already removed these items from my report but still showing on my TransUnion reports. They sent a verification and shows clearly that these accounts are inaccurate and showing with the same information twice","date_sent_to_company":"2021-01-21T17:25:42.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"33015","tags":null,"has_narrative":true,"complaint_id":"4082641","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2021-01-21T17:15:44.000Z","state":"FL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["XXXX responded saying it was thru XXXX XXXX and also checked on their website on where this information will be coming from since they never responded and <em>sent</em> a request to XXXX XXXX for my file to investigate <em>myself</em>. I have received two <em>notices</em> from XXXX XXXX <em>stating</em> they have no file in my name so how are they getting this information? So I have <em>sent</em> them another letter dated XX/XX/XXXX and still no response. \n\nThis public record information is inaccurate and unverifiable."]},"sort":[18.165684,"4082641"]},{"_index":"complaint-public-v1","_id":"7510016","_score":17.820393,"_source":{"product":"Student loan","complaint_what_happened":"XXXX XXXX colleges push debt is time barred. I received less than XXXX and have received no refunds nor civil monetary remedies thus far. \n\nXXXX I filed for Bankruptcy which discharged in XXXX. It's public record Firstmark Services received notice timely by Bankruptcy Court as to the Discharge. Firstmark didn't show up to Bankruptcy creditor 's meeting nor object to the discharge within the time prescribed by bankruptcy law. Even though debt was time barred, the Firstmark 's representation using Nelnet Servicing LLC continued filings in an adversary proceeding which should of concluded in XX/XX/XXXX. This is XXXX colleges pushed private debt of XXXX. Firstmark never timely closed down nor reported as Bankruptcy discharge on credit bureaus. \n\nInitial Contact for collection activity after bankruptcy from Firstmark XX/XX/XXXX at XXXX in an email to one of my XXXX accounts. On XX/XX/XXXX I sent a debt validation request. Firstmark 's response included fraudulent documents which were never a part of my original note. \n\nIn the Bankruptcy Firstmark was represented by attorneys on public record. I sent a debt validation request on XX/XX/XXXX but the company has failed to show my legal obligation to pay the XXXX private XXXX College's-pushed debt. I fully dispute and do not agree to incur further debt nor agree with the company 's unconscionable terms. Furthermore, the company has now listed \" Nelnet '' as lender (??? ). Also rather than closing down files respectfully like other companies do when in Bankruptcy, Firstmark actually added to the debt and requesting large monthly payment from me. \nI have not signed a note to pay Nelnet. I have not received disbursement of the amount that Firstmark and associates want to collect from me. {$3600.00}. Furthermore, now Firstmark added enclosures that have nothing to do with it even fraudently attempting to change state. I'm sure that in XXXX there was no clause stating that debt would not discharge in bankruptcy, nor any clause of the company 's right to recover other fees and costs. Firstmark subjects and or associates have certainly tampered with documents. I can not verify the info Firstmark Sent me. Also apparently Firstmark and other associate subjects if any to a scheme have clearly used false misleading deceptive practices. For example, passing it around to attempt to avoid various discharges such as the earlier action of the Consumer Financial Protection Bureau to provide civil relief to harmed consumers. For example, a company conduent was mentioned but I have never received notice they were ever my servicer. The Firstmark company keeps changing stories. I never received notice of deragotory reporting when in XX/XX/XXXX Firstmark inaccurately had the XXXX colleges pushed private loan as in default and with a 30 payment at a t union credit. When I timely disputed ( in the past ) with that credit bureau the subject company and associates merely would verify. Then my XXXX XXXX account apparently was hacked for a while and I had to recreate. Now the company is misreporting in another credit bureau Importantly, I want to maintain all my consumer rights. It's only right that I receive civil monetary relief. I understand about statute of limitations. There are recent violations by the company. I've put in years of efforts seeking justice to no avail. I have received no refunds of payment I made nor for my time. There has been great suffering by myself and I have not received fair monetary remedy. \n\nI've also endured cyber concerns believed to be associated with this company and it's representation. Today prior to submitting a complaint I had to reset my password with CFPB and have had to reset on other sites. I do not recall having filed a complaint on here. I have experienced much undue hardship and have suffered damages associated with my attendance at the XXXX colleges institution impacted directly during the pandemic. I believe the company also used overshadowing after I sent debt validation request. Please pardon any typos","date_sent_to_company":"2023-09-06T20:45:37.000Z","issue":"Struggling to repay your loan","sub_product":"Private student loan","zip_code":"33569","tags":null,"has_narrative":true,"complaint_id":"7510016","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Nelnet, Inc.","date_received":"2023-09-06T20:03:09.000Z","state":"FL","company_public_response":null,"sub_issue":"Bankruptcy"},"highlight":{"complaint_what_happened":["XXXX I filed for <em>Bankruptcy</em> which discharged in XXXX. It's public record Firstmark Services received <em>notice</em> timely by <em>Bankruptcy</em> <em>Court</em> as to the Discharge. Firstmark didn't show up to <em>Bankruptcy</em> <em>creditor</em> 's meeting nor object to the discharge within the time prescribed by <em>bankruptcy</em> law. Even though debt was time barred, the Firstmark 's representation using Nelnet Servicing LLC continued filings in an adversary proceeding which should of concluded in XX/XX/XXXX."],"sub_issue":["<em>Bankruptcy</em>"]},"sort":[17.820393,"7510016"]},{"_index":"complaint-public-v1","_id":"2832206","_score":15.46514,"_source":{"product":"Debt collection","complaint_what_happened":"I have tried several times to communicate with XXXX XXXX XXXX XXXX on their attempt to collect on a time barred account. By sending communication via US mail / fax and electronic submission though your portal on validation of debt as it relates to the FDCPA / FCRA. Giving out false information to the credit reporting agency to tarnish our credit. Failure to credit account as required by THE FAIR DEBT COLLECTIONS PRACTICES ACT, THE FAIR CREDIT REPORTING ACT and the credit acts of the state of Georgia. They pretended to be collecting on behalf of the original creditor. The original creditor was Pulte Mortgage LLC. I have taken it upon myself to contact the original party to settle any misinformation, in there response to me after I offered to tender payment to settle the account is that the account was credited in XX/XX/XXXX,  and they can not accept any payment. It was a recorded conversation with the approval of the agent named XXXX. According to 3-603. TENDER OF PAYMENT. \n( a ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract. \n\n( b ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates. \nXXXX XXXX XXXX XXXX continued with the harassment of trying to enforce a time barred account which is uncollectible. They are using the U.S. Mail to present such fraud and false instrument ( s ) amounting to Mail Fraud, criminal conduct falling under Title 18 U.S.C. 1341-Frauds, Swindles laws. In any event, they refuse to stop contacting me, then sent a communication again through the US mail staing they are going to foreclose on my property if I dont make a payment, additionally they are accelerating the debt and all amounts are now due. First of all, this debt has deen discharged, I confirmed this by checking with the county land records department that shows a cancellation of \" loan. '' It is not now, nor has it ever been my intention to avoid paying any obligation that I lawfully owe. So, when I requested the verification / documents I was complying in good faith with those request for validation and notice that I dispute part of, or all of the alleged debt. Anyone can access the land records information, it is a public domain. That is where XXXX printed all those so called assignments and submit them as proof of debt. I decided to protect myself and my interest, because XXXX is the fourth party that has tried to collect on a time barred account. I filed a bankruptcy ( XXXX ) on XX/XX/XXXX. XXXX elected to auction my property under \" act of State '' and claimed to have bought the property through bidding at XXXX, cash I might add. In this deception of them being the creditor, they violated a bankruptcy stay, and pass on their fraud to the next entity under the ficticious name of XXXX XXXX XXXX XXXX, XXXX ( XXXX ), d/b/a XXXX XXXX XXXX XXXX, or XXXX XXXX XXXX. Now we have another law firm involved in this fraud called XXXX XXXX XXXX which took it upon themselves to file an eviction summons on behalf of XXXX et al. By using government agents to do their dirty work, saying they are the owner of my property, and label me as a \" tenant of sufferance. '' According to Georgia law if a creditor elects to recover property they should go through the district court where the property is located, but because these debt collectors know they do not have any contract with me, they took the easy road. I am still under the bankruptcy protection during all of this. XXXX XXXX on behalf of XXXX, although their is no record of any power of attorney for services for the attorney 's on the record. By using a false \" indexed deed '' clause. The magistrate court elected to give these debt collectors a writ of possession without due process. There is no Power of Attorney for me on the county records, I have revoked any and all POA / in fact from the record on XX/XX/XXXX and send to all entities that purported to have a contract with me. The magistrate did not request me to pay any amounts to the debt collectors, so I appeal to the superior court in a timely manner. Now comes a different attorney, filing claims of rent payment and asking the court to force me to pay rent. Another act of state, using a hearing to drag me into court on a voluntary hearing which I decline. The judge has took it upon himself to approve rent without a contract and wants me to pay by XX/XX/XXXX, or he will have the sheriff put me out. This is ludicrous, how a debt collector can obstruct the law and get away with it. I am not leaving my property because I am not responsible for that \" debt. '' I had a prior purchase agreement with pulte under a non recourse context. So now here comes XXXX sending me a XXXX saying I am responsible for a debt and that I abandoned my property. I am still domiciled at the property. I believe the claim that there is a valid lawful debt owed by me to the principal ( s ) is a crime per 15 U.S.C. 1692 ( e ) false, deceptive, and misleading representation, in connection with the collection of any debt such as the false representation of the character or legal status of any debt and no evidence to the contrary exists, and a crime under 18 USC 1001>stating fraudulent information. no debt to any of the principal ( s ) and that noted principal ( s ) is/are engaging in fraud by stating that they are the creditor, that they loaned any money or that they are entitled to any valuable consideration from me to satisfy a debt that without restitution would otherwise create a pecuniary loss to them. The business practices of the principal ( s ) its agents, officers, employees, and attorneys to determine violations of the United States and Georgias criminal laws. I believe the principal ( s ) claim of right in collection of a purported debt appears to be founded upon a false record in violation of U.S.C. Title 18 1001, 2071, 2073 ( falsifying records ) and further ; claiming and possessing false allegations and counterfeit securities [ securitized promissory note ] as well as un-substantiated claims of obligation, in violation of the Federal Racketeer Influences and Corrupt Organization ( RICO ), U.S.C. Title 18 1961 et.seq. I really need for someone to intervene, because this is getting out of hand. Respectfully,","date_sent_to_company":"2018-03-03T19:52:14.000Z","issue":"Written notification about debt","sub_product":"Mortgage debt","zip_code":"30040","tags":null,"has_narrative":true,"complaint_id":"2832206","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"PulteGroup, Inc.","date_received":"2018-03-03T19:52:12.000Z","state":"GA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Didn't receive enough information to verify debt"},"highlight":{"complaint_what_happened":["I filed a <em>bankruptcy</em> ( XXXX ) on XX/XX/XXXX. XXXX elected to auction my property under \" act of <em>State</em> '' and claimed to have bought the property through bidding at XXXX, cash I might add. In this deception of them being the <em>creditor</em>, they violated a <em>bankruptcy</em> stay, and pass on their fraud to the next entity under the ficticious name of XXXX XXXX XXXX XXXX, XXXX ( XXXX ), d/b/a XXXX XXXX XXXX XXXX, or XXXX XXXX XXXX."]},"sort":[15.46514,"2832206"]},{"_index":"complaint-public-v1","_id":"2831869","_score":15.46514,"_source":{"product":"Debt collection","complaint_what_happened":"I have tried several times to communicate with Rushmore loan management services on their attempt to collect on a time barred account. By sending communication via US mail / fax and electronic submission though your portal on validation of debt as it relates to the FDCPA / FCRA. Giving out false information to the credit reporting agency to tarnish our credit. Failure to credit account as required by THE FAIR DEBT COLLECTIONS PRACTICES ACT, THE FAIR CREDIT REPORTING ACT and the credit acts of the state of Georgia. They pretended to be collecting on behalf of the original creditor. The original creditor was XXXX XXXX XXXX. I have taken it upon myself to contact the original party to settle any misinformation, in there response to me after I offered to tender payment to settle the account is that the account was credited in XXXX of XXXX, and they can not accept any payment. It was a recorded conversation with the approval of the agent named XXXX. According to 3-603. TENDER OF PAYMENT. \n( a ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract. \n\n( b ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates. \nRushmore Loan Management Services continued with the harassment of trying to enforce a time barred account which is uncollectible. They are using the U.S. Mail to present such fraud and false instrument ( s ) amounting to Mail Fraud, criminal conduct falling under Title 18 U.S.C. 1341-Frauds, Swindles laws. In any event, they refuse to stop contacting me, then sent a communication again through the US mail staing they are going to foreclose on my property if I dont make a payment, additionally they are accelerating the debt and all amounts are now due. First of all, this debt has deen discharged, I confirmed this by checking with the county land records department that shows a cancellation of \" loan. '' It is not now, nor has it ever been my intention to avoid paying any obligation that I lawfully owe. So, when I requested the verification / documents I was complying in good faith with those request for validation and notice that I dispute part of, or all of the alleged debt. Anyone can access the land records information, it is a public domain. That is where Rushmore printed all those so called assignments and submit them as proof of debt. I decided to protect myself and my interest, because Rushmore is the fourth party that has tried to collect on a time barred account. I filed a bankruptcy ( 7 ) on XX/XX/XXXX. Rushmore elected to auction my property under \" act of State '' and claimed to have bought the property through bidding at XXXX, cash I might add. In this deception of them being the creditor, they violated a bankruptcy stay, and pass on their fraud to the next entity under the ficticious name of XXXX XXXX XXXX XXXX, XXXX ( XXXX ), d/b/a XXXXXXXX XXXX XXXXXXXX XXXX, or XXXX XXXX XXXX. Now we have another law firm involved in this fraud called XXXX XXXX XXXX which took it upon themselves to file an eviction summons on behalf of XXXX et al. By using government agents to do their dirty work, saying they are the owner of my property, and label me as a \" tenant of sufferance. '' According to Georgia law if a creditor elects to recover property they should go through the district court where the property is located, but because these debt collectors know they do not have any contract with me, they took the easy road. I am still under the bankruptcy protection during all of this. XXXX XXXX on behalf of XXXX, although their is no record of any power of attorney for services for the attorney 's on the record. By using a false \" indexed deed '' clause. The magistrate court elected to give these debt collectors a writ of possession without due process. There is no Power of Attorney for me on the county records, I have revoked any and all POA / in fact from the record on XX/XX/XXXX and send to all entities that purported to have a contract with me. The magistrate did not request me to pay any amounts to the debt collectors, so I appeal to the superior court in a timely manner. Now comes a different attorney, filing claims of rent payment and asking the court to force me to pay rent. Another act of state, using a hearing to drag me into court on a voluntary hearing which I decline. The judge has took it upon himself to approve rent without a contract and wants me to pay by XX/XX/XXXX, or he will have the sheriff put me out. This is ludicrous, how a debt collector can obstruct the law and get away with it. I am not leaving my property because I am not responsible for that \" debt. '' I had a prior purchase agreement with XXXX under a non recourse context. So now here comes Rushmore sending me a XXXX saying I am responsible for a debt and that I abandoned my property. I am still domiciled at the property. I believe the claim that there is a valid lawful debt owed by me to the principal ( s ) is a crime per 15 U.S.C. 1692 ( e ) false, deceptive, and misleading representation, in connection with the collection of any debt such as the false representation of the character or legal status of any debt and no evidence to the contrary exists, and a crime under 18 USC 1001>stating fraudulent information. no debt to any of the principal ( s ) and that noted principal ( s ) is/are engaging in fraud by stating that they are the creditor, that they loaned any money or that they are entitled to any valuable consideration from me to satisfy a debt that without restitution would otherwise create a pecuniary loss to them. The business practices of the principal ( s ) its agents, officers, employees, and attorneys to determine violations of the United States and Georgias criminal laws. I believe the principal ( s ) claim of right in collection of a purported debt appears to be founded upon a false record in violation of U.S.C. Title 18 1001, 2071, 2073 ( falsifying records ) and further ; claiming and possessing false allegations and counterfeit securities [ securitized promissory note ] as well as un-substantiated claims of obligation, in violation of the Federal Racketeer Influences and Corrupt Organization ( RICO ), U.S.C. Title 18 1961 et.seq. I really need for someone to intervene, because this is getting out of hand. Respectfully,","date_sent_to_company":"2018-03-03T19:52:09.000Z","issue":"Written notification about debt","sub_product":"Mortgage debt","zip_code":"30040","tags":null,"has_narrative":true,"complaint_id":"2831869","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"RUSHMORE LOAN MANAGEMENT SERVICES LLC","date_received":"2018-03-03T18:19:57.000Z","state":"GA","company_public_response":null,"sub_issue":"Didn't receive enough information to verify debt"},"highlight":{"complaint_what_happened":["I filed a <em>bankruptcy</em> ( 7 ) on XX/XX/XXXX. Rushmore elected to auction my property under \" act of <em>State</em> '' and claimed to have bought the property through bidding at XXXX, cash I might add. In this deception of them being the <em>creditor</em>, they violated a <em>bankruptcy</em> stay, and pass on their fraud to the next entity under the ficticious name of XXXX XXXX XXXX XXXX, XXXX ( XXXX ), d/b/a XXXXXXXX XXXX XXXXXXXX XXXX, or XXXX XXXX XXXX."]},"sort":[15.46514,"2831869"]},{"_index":"complaint-public-v1","_id":"2873513","_score":14.979834,"_source":{"product":"Debt collection","complaint_what_happened":"To whom it may concern at the CFPB, I am trying to get immediate help with a Law firm/debt collector that is trying to collect on a fraudulent account supposedly opened on XX/XX/XXXX. Due to this case being a fraudulent credit card account that is almost 20 years old, bought and sold 3 times from the original creditor ( XXXX XXXX ) to several Debt Collectors over the past 15 to 17 years, the only way I felt that this would make more sense to you is if I described as best as possible to the best of my knowledge the history of this fraudulent account. \n\nBecause this is a fraudulent account opened so long ago and without my knowledge, it is almost impossible to provide any additional documents or proof of anything besides what this law firm has given me on XX/XX/XXXX when I called and spoke with one of the attorney 's there and recorded with their permission. So, this information is the best I have available for your review. \n\n*The fraudulent account details are below : *Original Creditor - XXXX XXXX XXXX   *Supposed day the account was opened with the original creditor - *Account sold from original creditor to - XXXX XXXX - Date unknown *Account sold again to - XXXX XXXX - Date reported XXXX XX/XX/XXXX *Account sold a 3rd and final time to - Weber & Olcese , PLC. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, MI *Supposed Date reported and Judgement filed in XXXX District Court by the above mentioned law firm - XX/XX/XXXX *Date of Notice of Garnishment - XX/XX/XXXX *Total Garnished amount from my paycheck on XX/XX/XXXX - {$570.00} XXXX District Court Case # - XXXX *Supposed original past due balance - Unknown *Supposed Judgement Amount - {$1800.00} *Supposed interest accrued - {$2300.00} *Supposed amount due now, including interest, fees, etc - {$4100.00} This shady, relentless and unforgiving attorney/debt collector is the 3rd time this fraudulent debt was bought and sold. \n\nLaw Firm/ Debt Collector Weber & Olcese , PLC XXXX \n\nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Michigan XXXX *Original Fraudulent Account Date - XX/XX/XXXX *Original Fraudulent Account Collections Date - XX/XX/XXXX *2nd Fraudulent Account Account Date - XX/XX/XXXX *Fraudulent Account Judgement Amount - {$1800.00} *Total Fraudulent Judgement Interest Accrued {$2300.00} *Unsatisfied Fraudulent Judgment Amount XXXX *3rd Writ of Garnishment issued on XX/XX/XXXX and was received BY MY EMPLOYER, NOT MYSELF AND AGAINST THE LAW *Fraudulent Garnishment Taken From My Payroll On XX/XX/XXXX in the amount of {$570.00} This letter is being sent to you in response to notices sent to me from your company in regards to a fraudulent account opened in XXXX. Please be advised that this is a refusal to pay and a notice sent to your company pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 { b } that your claim is disputed and validation is requested. This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. \n\nI respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you, especially forewarning you that this was a fraudulent account. Please provide me with the following immediately : 1- What the money you say I owe is for. I have ZERO knowledge of this fraudulent account until today, XX/XX/XXXX when I received the bogus \" Garnishment. '' Do me a favor, look at the dates and realize that you are trying to collect on a debt from XXXX and all the XXXX Judgements you have received since XXXX. What a joke, this is showing some serious desperation on your company 's part. \n\n2- Explain and show me how you calculated what you say I owe. Over {$2300.00} in made up fraudulent interest charges? Please .... This fraudulent account you are attempting to collect a debt on is against the law and you are violating many, many laws, in place for innocent consumers like myself. \n\n3- Provide me with copies of any original papers that show I agreed to pay what you say I owe. As I will mention several times, we both know you can not. I have never heard of or spoken to anyone from your law firm until today, XX/XX/XXXX. \n\n4- Provide a verification or copy of any judgment if applicable which is legally allowed, not \" renewing '' some fraudulent debt from XXXX of which did not belong to me. We both know you can not do so. \n\n5- Identify the original creditor and legal proof of myself being the owner of this fraudulent account. This will include ALL written, audio or visual legal proof of such. Once again, we both know you can not do so. \n\n6- Prove the Statute of Limitations has not expired on this account in the State of Michigan XXXX It is 6 years in Michigan and only 10 IF and only IF the Consumer agrees at any point that the debt is theirs WITH the proper legal documentation served to the Garnished Indiviual. For the record, I have not and never will agree to pay any fraudulent charged. Yet again, we both know you do not have this information. \n\n7- Show me that your law firm are licensed to collect in the State of Michigan , with the full license # ' s, and I do not care if your law firm is in Michigan or not. Provide these valid numbers with expiration dates along with your State of Michigan Bar #. \n\n8- Provide me with your license numbers and Registered Agent or Agent of Service in the State of Michigan . Also, provide the name of the company, person and or Process Server who LEGALLY served any paperwork. Please do not attempt to say that you delivered or tried to deliver any Notice to my current address, our property is surrounded by cameras recording 24 hours a day, 7 days a week for several years and on a permanent, backed up record and stored in a cloud. Old, outdated addresses are NOT acceptable for proof of delivery. The correct address for proof of delivery to the Garnished Indivual is your company 's RESPONSIBILITY. NOT AN EMPLOYER to serve this notice. \n\n9- Provide me legit and legally admissible proof of any paperwork or judgement that was delivered to me from your law firm to my current address on State of Michigan records. You have not lawfully and legally served me any updated court documents to my address on record BEFORE you processed any garnishment. Like your company did, but is not legal, dropping off a garnishment to an employer WITHOUT the garnished receiving any notice is against the law. You all know better. \n\n10- Provide me original signed documents legally proving that this fraudulent collections account has any legal signature, audio or visual proof of such. We both know you can not do this or provide this information as you have NO access to this information and bottom feeder law firms like your company buy these debts for pennies on the dollar in the hopes you can somehow get a supposed victim of yours to pay anything, but little do most consumers know under FDCPA and FCRA Laws you can not do so. \n\nI will not hesitate to bring legal action against you for the following Violation of the Fair Credit Reporting Act and Violation of the Fair Debt Collection Practices Act including, Defamation of Character. If your offices are able to provide proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist including any garnishment immediately. Also, during this validation period, if any action is taken which could be considered any more detrimental to my financial well being I will surely file suit. \n\nIn addition, please understand that all the phone calls that were made are recorded and I verified and had received permission from the \" Attorney XXXX '' that I spoke to on XX/XX/XXXX. This recording, if necessary, along with the illegal forms your company used to file a garnishment all will be forwarded to the Consumer Financial Protection Bureau ( CFPB ), Federal Trade Commission ( FTC ), State of Michigan Attorney General, the XXXX XXXX, the local XXXX XXXX XXXX ( XXXX ) for your business area and in the court system, XXXX District Court XXXX XXXX, Michigan XXXX for a Motion To Set Aside Judgement explaining to the court of this fraudulent and bogus garnishment if it is not stopped immediately. \n\nNext I will file a police report on your company if need be. Also, if necessary, I will file several poor, but true reviews on the internet, including XXXX, XXXX, XXXX   XXXX, XXXX XXXX, XXXX XXXX XXXX, and on and on explaining exactly how you are trying to conduct business so I can fairly warn any other potential \" victims '' of this shady practice so they may help themselves before their rights are violated. \n\nI would also like to request, in writing, that no telephone contact be made by your company to my home or my place of employment, EXCEPT to my employer removing your fraudulent garnishment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. \n\nAll future communications with me MUST be done in writing and sent to the address noted in this letter by USPS via First Class Registered Mail. It would be advisable that you assure your records are in order before I am forced to take legal action against your company. This is an valid attempt for your law firm to correct your records, any information obtained shall be used for that purpose. \n\nI am hoping your law firm can resolve this immediately and realize the unethical manner of which you are trying to collect on a fraudulent account from 19 years ago. Do the right thing and make this correction immediately. It will save your company, myself and the court system a bunch of wasted time, money and energy. I am a very informed consumer, I know my rights and protections through the FCRA and the FDCA and will use them to my utmost needs and I absolutely refuse to have my rights stomped on by a debt collector doing their best to collect on a FRAUDULENT debt I am totally unaware of almost 2 decades old. \n\n****PLEASE NOTE WEBER , PLC**** COPIES OF THIS LETTER AND ANY AND ALL COMPLAINTS FILED AGAINST YOUR LAW FIRM WITH THE ENTITIES BELOW ARE ON FILE WITH MY ATTORNEY ON RETAINER IF I SO CHOOSE TO EMPLOY HIM IN THE FUTURE IF THIS CAN NOT BE AMICABLY RESOLVED BETWEEN MYSELF AND YOUR COMPANY. THEY ALSO DO CHAPTER XXXX AND XXXX BANKRUPTCY, SO THE GARNISHMENTS WILL STOP ONE WAY OR ANOTHER IMMEDIATELY UPON FILING. \n\nCOPIES OF ALL THE PAPERWORK AND THESE ILLEGAL AND FRAUDULENT \" JUDGEMENTS '' WILL BE FORWARDED TO THE CFPB, FTC, ATTORNEY GENERAL, XXXX   AND ANYONE ELSE NECESSARY TO MAKE THIS RIGHT. \n\nIF YOUR LAW FIRM MAKES THE CORRECT DECISION AND DOES REALIZE THE ILLEGAL AND FRAUDULENT MISTAKE IT IS IN THE PROCESS OF MAKING I WILL VOLUNTARILY REMOVE ANY AND ALL COMPLAINTS AND/OR NEGATIVE REVIEWS FROM THE ENTITIES ABOVE IF IT IS SETTLED CORRECTLY, MY PERSONAL WAGES AND FUNDS ARE RETURNED TO ME AND THIS FRAUDULENT AND BOGUS GARNISHMENT IS REMOVED IMMEDIATELY.","date_sent_to_company":"2018-04-12T20:47:18.000Z","issue":"Attempts to collect debt not owed","sub_product":"Credit card debt","zip_code":"48101","tags":null,"has_narrative":true,"complaint_id":"2873513","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Weber & Olcese, PLC","date_received":"2018-04-12T19:21:34.000Z","state":"MI","company_public_response":null,"sub_issue":"Debt was result of identity theft"},"highlight":{"complaint_what_happened":["AND AGAINST THE LAW *Fraudulent Garnishment Taken From My Payroll On XX/XX/XXXX in the amount of {$570.00} This letter is being <em>sent</em> to you in response to <em>notices</em> <em>sent</em> to me from your company in regards to a fraudulent account opened in XXXX."]},"sort":[14.979834,"2873513"]},{"_index":"complaint-public-v1","_id":"2873851","_score":14.978818,"_source":{"product":"Debt collection","complaint_what_happened":"To whom it may concern at the CFPB, I am trying to get immediate help with a Law firm/debt collector that is trying to collect on a fraudulent account supposedly opened on XX/XX/XXXX. Due to this case being a fraudulent credit card account that is almost 20 years old, bought and sold 3 times from the original creditor ( Capital One ) to several Debt Collectors over the past 15 to 17 years, the only way I felt that this would make more sense to you is if I described as best as possible to the best of my knowledge the history of this fraudulent account. \n\nBecause this is a fraudulent account opened so long ago and without my knowledge, it is almost impossible to provide any additional documents or proof of anything besides what this law firm has given me on XX/XX/XXXX when I called and spoke with one of the attorney 's there and recorded with their permission. So, this information is the best I have available for your review. \n\n*The fraudulent account details are below : *Original Creditor - Capital One Bank *Supposed day the account was opened with the original creditor - *Account sold from original creditor to - XXXX XXXX - Date unknown *Account sold again to - XXXX XXXX - Date reported - XX/XX/XXXX *Account sold a 3rd and final time to - XXXX XXXX XXXX , XXXX. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, MI *Supposed Date reported and Judgement filed in XXXX District Court by the above mentioned law firm - XX/XX/XXXX *Date of Notice of Garnishment - XX/XX/XXXX *Total Garnished amount from my paycheck on XX/XX/XXXX - {$570.00} *XXXX District Court Case # - XXXX *Supposed original past due balance - Unknown *Supposed Judgement Amount - {$1800.00} *Supposed interest accrued - {$2300.00} *Supposed amount due now, including interest, fees, etc - {$4100.00} This shady, relentless and unforgiving attorney/debt collector is the 3rd time this fraudulent debt was bought and sold.\n\nLaw Firm/ Debt Collector XXXX XXXX XXXX , XXXX .\n\nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Michigan XXXX *Original Fraudulent Account Date - XX/XX/XXXX *Original Fraudulent Account Collections Date - XX/XX/XXXX *2nd Fraudulent Account Account Date - XX/XX/XXXX *Fraudulent Account Judgement Amount - {$1800.00} *Total Fraudulent Judgement Interest Accrued {$2300.00} *Unsatisfied Fraudulent Judgment Amount XXXX *3rd Writ of Garnishment issued on XX/XX/XXXX and was received BY MY EMPLOYER, NOT MYSELF AND AGAINST THE LAW *Fraudulent Garnishment Taken From My Payroll On XX/XX/XXXX in the amount of {$570.00} This letter is being sent to you in response to notices sent to me from your company in regards to a fraudulent account opened in XX/XX/XXXX. Please be advised that this is a refusal to pay and a notice sent to your company pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 { b } that your claim is disputed and validation is requested. This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section.\n\nI respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you, especially forewarning you that this was a fraudulent account. Please provide me with the following immediately : 1- What the money you say I owe is for. I have ZERO knowledge of this fraudulent account until today, XX/XX/XXXX when I received the bogus \" Garnishment. '' Do me a favor, look at the dates and realize that you are trying to collect on a debt from XX/XX/XXXX and all the XXXX Judgements you have received since XX/XX/XXXX. What a joke, this is showing some serious desperation on your company 's part. \n\n2- Explain and show me how you calculated what you say I owe. Over {$2300.00} in made up fraudulent interest charges? Please .... This fraudulent account you are attempting to collect a debt on is against the law and you are violating many, many laws, in place for innocent consumers like myself.\n\n3- Provide me with copies of any original papers that show I agreed to pay what you say I owe. As I will mention several times, we both know you can not. I have never heard of or spoken to anyone from your law firm until today, XX/XX/XXXX. \n\n4- Provide a verification or copy of any judgment if applicable which is legally allowed, not \" renewing '' some fraudulent debt from XX/XX/XXXX of which did not belong to me. We both know you can not do so.\n\n5- Identify the original creditor and legal proof of myself being the owner of this fraudulent account. This will include ALL written, audio or visual legal proof of such. Once again, we both know you can not do so.\n\n6- Prove the Statute of Limitations has not expired on this account in the State of Michigan . It is 6 years in Michigan and only 10 IF and only IF the Consumer agrees at any point that the debt is theirs WITH the proper legal documentation served to the Garnished Indiviual. For the record, I have not and never will agree to pay any fraudulent charged. Yet again, we both know you do not have this information. \n\n7- Show me that your law firm are licensed to collect in the State of Michigan , with the full license # ' s, and I do not care if your law firm is in Michigan or not. Provide these valid numbers with expiration dates along with your State of Michigan Bar #.\n\n8- Provide me with your license numbers and Registered Agent or Agent of Service in the State of Michigan . Also, provide the name of the company, person and or Process Server who LEGALLY served any paperwork. Please do not attempt to say that you delivered or tried to deliver any Notice to my current address, our property is surrounded by cameras recording 24 hours a day, 7 days a week for several years and on a permanent, backed up record and stored in a cloud. Old, outdated addresses are NOT acceptable for proof of delivery. The correct address for proof of delivery to the Garnished Indivual is your company 's RESPONSIBILITY. NOT AN EMPLOYER to serve this notice.\n\n9- Provide me legit and legally admissible proof of any paperwork or judgement that was delivered to me from your law firm to my current address on State of Michigan records. You have not lawfully and legally served me any updated court documents to my address on record BEFORE you processed any garnishment. Like your company did, but is not legal, dropping off a garnishment to an employer WITHOUT the garnished receiving any notice is against the law. You all know better.\n\n10- Provide me original signed documents legally proving that this fraudulent collections account has any legal signature, audio or visual proof of such. We both know you can not do this or provide this information as you have NO access to this information and bottom feeder law firms like your company buy these debts for pennies on the dollar in the hopes you can somehow get a supposed victim of yours to pay anything, but little do most consumers know under FDCPA and FCRA Laws you can not do so. \n\nI will not hesitate to bring legal action against you for the following Violation of the Fair Credit Reporting Act and Violation of the Fair Debt Collection Practices Act including, Defamation of Character. If your offices are able to provide proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist including any garnishment immediately. Also, during this validation period, if any action is taken which could be considered any more detrimental to my financial well being I will surely file suit. \n\nIn addition, please understand that all the phone calls that were made are recorded and I verified and had received permission from the \" Attorney XXXX '' that I spoke to on XX/XX/XXXX. This recording, if necessary, along with the illegal forms your company used to file a garnishment all will be forwarded to the Consumer Financial Protection Bureau ( CFPB ), Federal Trade Commission ( FTC ), State of Michigan Attorney General, the Bar Association, the local XXXX XXXX XXXX  ( XXXX ) for your business area and in the court system, XXXX District Court XXXX XXXX, Michigan XXXX for a Motion To Set Aside Judgement explaining to the court of this fraudulent and bogus garnishment if it is not stopped immediately. \n\nNext I will file a police report on your company if need be. Also, if necessary, I will file several poor, but true reviews on the internet, including XXXX, XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX, and on and on explaining exactly how you are trying to conduct business so I can fairly warn any other potential \" victims '' of this shady practice so they may help themselves before their rights are violated. \n\nI would also like to request, in writing, that no telephone contact be made by your company to my home or my place of employment, EXCEPT to my employer removing your fraudulent garnishment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. \n\nAll future communications with me MUST be done in writing and sent to the address noted in this letter by USPS via First Class Registered Mail. It would be advisable that you assure your records are in order before I am forced to take legal action against your company. This is an valid attempt for your law firm to correct your records, any information obtained shall be used for that purpose.\n\nI am hoping your law firm can resolve this immediately and realize the unethical manner of which you are trying to collect on a fraudulent account from 19 years ago. Do the right thing and make this correction immediately. It will save your company, myself and the court system a bunch of wasted time, money and energy. I am a very informed consumer, I know my rights and protections through the FCRA and the FDCA and will use them to my utmost needs and I absolutely refuse to have my rights stomped on by a debt collector doing their best to collect on a FRAUDULENT debt I am totally unaware of almost 2 decades old.\n\n****PLEASE NOTE XXXX , XXXX COPIES OF THIS LETTER AND ANY AND ALL COMPLAINTS FILED AGAINST YOUR LAW FIRM WITH THE ENTITIES BELOW ARE ON FILE WITH MY ATTORNEY ON RETAINER IF I SO CHOOSE TO EMPLOY HIM IN THE FUTURE IF THIS CAN NOT BE AMICABLY RESOLVED BETWEEN MYSELF AND YOUR COMPANY. THEY ALSO DO CHAPTER XXXX AND XXXX BANKRUPTCY, SO THE GARNISHMENTS WILL STOP ONE WAY OR ANOTHER IMMEDIATELY UPON FILING. \n\nCOPIES OF ALL THE PAPERWORK AND THESE ILLEGAL AND FRAUDULENT \" JUDGEMENTS '' WILL BE FORWARDED TO THE CFPB, FTC, ATTORNEY GENERAL, XXXX  AND ANYONE ELSE NECESSARY TO MAKE THIS RIGHT. \n\nIF YOUR LAW FIRM MAKES THE CORRECT DECISION AND DOES REALIZE THE ILLEGAL AND FRAUDULENT MISTAKE IT IS IN THE PROCESS OF MAKING I WILL VOLUNTARILY REMOVE ANY AND ALL COMPLAINTS AND/OR NEGATIVE REVIEWS FROM THE ENTITIES ABOVE IF IT IS SETTLED CORRECTLY, MY PERSONAL WAGES AND FUNDS ARE RETURNED TO ME AND THIS FRAUDULENT AND BOGUS GARNISHMENT IS REMOVED IMMEDIATELY.","date_sent_to_company":"2018-04-12T20:47:23.000Z","issue":"Attempts to collect debt not owed","sub_product":"Credit card debt","zip_code":"48101","tags":null,"has_narrative":true,"complaint_id":"2873851","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CAPITAL ONE FINANCIAL CORPORATION","date_received":"2018-04-12T20:47:21.000Z","state":"MI","company_public_response":null,"sub_issue":"Debt was result of identity theft"},"highlight":{"complaint_what_happened":["Taken From My Payroll On XX/XX/XXXX in the amount of {$570.00} This letter is being <em>sent</em> to you in response to <em>notices</em> <em>sent</em> to me from your company in regards to a fraudulent account opened in XX/XX/XXXX."]},"sort":[14.978818,"2873851"]},{"_index":"complaint-public-v1","_id":"2624344","_score":14.852519,"_source":{"product":"Debt collection","complaint_what_happened":"To : The City of XXXX XXXX, XXXX XXXX, and XXXX XXXX XXXX of the Harbor Division The City of XXXX XXXX From : XXXX XXXX Ref : Automatic Stay Hello Parties, As you all well know by now. I have filed bankruptcy in Federal Court this past Thursday. \n\nOn Friday morning I sent a letter to XXXX XXXX for the City of XXXX XXXX and spoke to XXXX XXXX XXXX personally, giving notice that I was declaring bankruptcy because I have exhausted all efforts to reason with the city over this contract dispute, and illegal lockout for the past 200 days. In fact, I was told my XXXX XXXX XXXX had told me there was a city wide no-contact order placed on any communication with me because of litigation. This was my last attempt to salvage our relationship and try to figure out a resolution on this matter, and I was denied this by \" The City '', and was told that XXXX XXXX XXXX was the attorney that I must speak with in resolution to this case. \n\nNeed I remind everyone here. that by informing the City that I have filed bankruptcy and an issue of an automatic stay has been put into order. \n\nMeaning that all eviction proceedings must stop, and that I have immediate access back to my property or be subject to violations of the Fair Debt Collection Practice Act which states : Under the FDCPA, a debt collector is someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis, and companies that buy delinquent debts and then try to collect them. \n\nThis is an injunction placed on The City of XXXX XXXX to immediately lift all sanctions against me in regards to aggressive and bully type behavior in the attempt to collect a debt. \n\nThe City 's refusal to participate in dispute resolutions and illegally locking me out of my vessels, by using a collection action XXXX XXXX XXXX to use calculated and willful intent to obstruct me from my personal property and has continued to do this even after. In fact, when I informed XXXX XXXX that a automatic stay had been set into motion through bankruptcy proceedings. \n\n\nXXXX XXXX, the authorized collection agent for The City of XXXX XXXX, replied with this statement in an email sent this past Friday afternoon. \n\n\nInline image 1 The Temporary Restraining Order this women is speaking about was a aggressive collection position that the marina took against me to continue to illegal evict me through self-help methods ; such as, a temporary restraining order. XXXX XXXX lied, and somehow convinced a superior court judge that I was an employee of XXXX XXXX, and that I had created a work place XXXX scenerio when I came back to get position of my vessels under the terms of our contract ; since I have ever right to this procession. This is a direct violation of the FDCPA. I bring this to your attention because your attorney has also stated that she will be looking for relief from this automatic stay. I have told her that my attorney and I will object to any relief of stay made on this case. \n\nThis is a commercial lease, and I have requested reasonable accommodations from \" The City '' and its operating management company XXXX XXXX for the past 200 days and have been denied access to my property, have now had a \" workforce restraining order '' as a last ditch effort to seal the coffin on your eviction due to collapsing me financially and using other legal tricks to throw me into financial ruin. This is political in nature, and will be taking as a serious aggressive stance against my personal property by a city. You have denied me access to my property and have broken my constitutional rights. Your associate XXXX XXXX XXXX also lacks any respect for the judicial process. which there is also an active complaint with the California Bar, and have been told by Judge XXXX, and many other attorneys that I need an attorney to handle this very complex matter of issues. Since, I was respresenting myself Pro Per in this litigation I saw no other option that having to file bankruptcy, and ask for protection from the Federal Government to protect me from these unlawful practices. I will be presenting all this evidence to the court, and during the meeting of creditors to state that you are the direct result that my other creditors are unable to be paid. That the illegal lock out of my commercial property has created such harm that I had to do the ultimate thing to protect myself from being further harrassed and discriminated against by The City Of XXXX XXXX, The XXXX operations Management, and The Staff of whom work for that XXXX, its security, and XXXX XXXX XXXX. \n\nThe City of XXXX XXXX is listed a s a creditor, I demand immediate access to my vessels, and for The City of XXXX XXXX \" The City '' to abide by the contract that we have in place On Monday morning, I will be filing two temporary restraining orders against XXXX XXXX XXXX, and the General Manager for the public-ally owned property XXXX XXXX XXXX, of which I pay state property tax and have a visited interest in I will be asking for relief from the lower court Superior Judge to honor the automatic stay placed under the Protections of the United States of America and the Constitution of the rights a tenant has in all commercial lease eviction, and reasonable accommodation cases due to a documented XXXX. I am looking forward to a quick resolution on this matter, and the harassment, intimidation, and discrimination to stop now. I have done nothing to endanger anyone, and only expressed my constitutional right under the FDCPA to make sure that my property was in working order due to an illegal self-help eviction by your collection agent XXXX XXXX, and her continued lack of empathy for my XXXX during these proceedings, he professional and ethical conduct, the extreme personal and fiscal damage your representative has caused me is beyond the scope of understanding. \n\nI have uploaded all documents that clearly outline this complaint because there is too much to state and can not be utilized in the small space. THE ATTORNEY HAS VIOLATED an AUTOMATIC STAY DUE TO A PERSONAL BANKRUPTCY INDUCED BY THE UNFAIR BUSINESS PRACTICES OF XXXX XXXX. When I revealed that I had filed bankruptcy and demanded full access to my property, I was mocked and told that if I came within 100 yards of the property THE CONTRACT PARTY would have me arrested and this will hold until a court deems otherwise, an injunction was put into place, or that the CONTRACT negotiations HAVE FINISHED, and they have won the case. \n\nHowever, the big problem is the have ignored the most powerful tool in the legal universe and have proceeded with aggressive legal maneuvers ; for example, I will be attending a frivolous Work XXXX Temporary Restraining Order this Friday because they were able, prior to the stay, to convince a judge that I was an employ of the XXXX, and that I also moored vessels there, and that I was a threat to the harmony of the XXXX. \nThey did not inform the judge that there is a HUGE Legal dispute, and that they could not serve me because I was considered homeless, and they did not know how to get a hold of me. This is ironic because I have been in contract resolution with the XXXX for almost 8 months now and have been locked out of my vessel due to a self-help eviction by XXXX XXXX, and The City of XXXX XXXX denying me of my property, free will, constitutional rights, and the right to fair business in a large county such as XXXX XXXX which I believe the client and the XXXX they represent have killed my reputation and have XXXX XXXX me across all XXXX  because I have complained about American XXXX Rights such as my own. \n\nI have stood up for the other XXXX adults that have been victimized by bug business and has destroyed the opportunity of the little man such as myself. The continued disregard to the color of law is troubling to say the least and I would ask for a full investigation into this matter as soon as you finish reading this letter. \nXXXX XXXX XXXX believes that her actions and harassment towards me after I have informed her about the automatic stay and my bankruptcy. She still felt as though her EGO was entitled and that she continued to try and manipulate and challenge my constitutional and common law rights. The TREATMENT IN HOLDING A PERSON 's PROPERTY HOSTAGE and when the only option was to use the Automatic stay. XXXX XXXX XXXX still mocked the constitution of the United States declaring their entitlement to seize my property through some sort of mari time lien and threaten me with arrest if I come with 100 yards of the XXXX. \n\nThe City of XXXX XXXX, The City of XXXX XXXX, XXXX XXXX, XXXX XXXX ( XXXX XXXX ),  XXXX XXXX XXXX XXXX XXXX in XXXX XXXX, XXXX XXXX XXXX, and XXXX XXXX has conspired together to try and destroy my good name, my business, and allow any ability for me to prosper in the XXXX California due to their illegal tactics and bully like behavior. The have also manipulated an entire XXXX into being scared that I may do something to them or their family. This is untrue and I love my XXXX, and the staff that works there. I understand their concerns but we all need to get along. This issue is with the attorney, the Harbor Division XXXX XXXX, XXXX, The City Attorney Office and other politic figures that I have reached out to help assist in this matter so that I would avoid having to do the ultimate sacrifice and use a Bankruptcy to have a fresh start, I have fallen on my sword, to offset the remote possibility that my business, and personal well being would be destroyed by continuous litigation ; however, I thought the Automatic stay would put an end to this ; however, I am still litigating with this creditor, and will be back in court on a temporary restraining order that I filed with The City of XXXX XXXX XXXX Division on this violation of the Automatic Stay, This breach of the Automatic stay, the most powerful weapon in any of our arsenal, has not only been disrespected but I demand for it to be answered to by The Department of Justice and to see if anything criminal has happened here. \n\nI demand a full investigation into how a XXXX  disadvantaged business member of the community can be targeted by several departments across the XXXX community just because he is different and suffers from a very rare XXXX  and XXXX XXXX that can affect the overall reality of the individual if he is under XXXX, or having a medical reaction ; of which I was. However, I have been continually stereo-typed, profiled, and now this utter disrespect of the automatic stay I ask for the DOJ to be very swift on this violation and demand recovery of punitive damages, and the inability to ever practice law in the country for a period of 15 years, and 30 years for the firm itself for this disrespect to the oath that they took to protect. My business is based on corruption, and this is the highest level of it and she tried to destroy me in every way she could. She came very close if it had not been my decision to pull the trigger on myself to avoid financial ruin all together, and my character destroyed throughout the world because this woman would not have stopped in destroying my good name. \n\nThe calculated and willful neglect that I have witness and documented is far above any civil rights violation that I have ever heard of or read about in my life time. It is disgusting to say the least. I am looking forward to a swift resolution on this matter, so that I can work with my trustee without pressures of arrest, and figure out the value of my estate and how the business, myself, and my life will reorganize after this horrific experience in the legal court system, and the full on attach against a documented XXXX XXXX XXXX who is just trying to restart his life via his education rehabilitation and startup business type of spirit. I ask that the Department of Justice Look into the serious of this matter, and get back to me as soon as you can. Thank you for your time. \n\nThe firm has also VIOLATED HIPPA and other Privacy related issues with other third parties including several other municpal organizations over the past 8 months destroying the credit of the individual on false pretense.","date_sent_to_company":"2017-10-06T17:00:27.000Z","issue":"False statements or representation","sub_product":"Other debt","zip_code":"908XX","tags":"Servicemember","has_narrative":true,"complaint_id":"2624344","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"RUSSELL, MIRKOVICH & MORROW","date_received":"2017-08-03T15:50:51.000Z","state":"CA","company_public_response":null,"sub_issue":"Indicated you were committing crime by not paying debt"},"highlight":{"complaint_what_happened":["Since, I was respresenting <em>myself</em> Pro Per in this litigation I saw no other option that having to file <em>bankruptcy</em>, and ask for protection from the Federal Government to protect me from these unlawful practices. I will be presenting all this evidence to the <em>court</em>, and during the meeting of <em>creditors</em> to <em>state</em> that you are the direct result that my other <em>creditors</em> are unable to be paid."]},"sort":[14.852519,"2624344"]},{"_index":"complaint-public-v1","_id":"2669891","_score":13.46148,"_source":{"product":"Debt collection","complaint_what_happened":"XXXX NOTICE OF ERRORS Loan Servicer : Seterus Loan # XXXX Property location : XXXX XXXX XXXX XXXX XXXX, Oho XXXX Owner : XXXX XXXX trustee last 4 s.s XXXX Loan Profile : Chapter XXXX Bankruptcy XX/XX/XXXX closed in XX/XX/XXXX property was reaffirmed by XXXX XXXX XXXX trustee. File on XX/XX/XXXX Doc XXXX XXXX XXXX XXXX agrees to a cram down of {$50000.00} making {$50000.00} the investors total liability in the loan. The balance of the cram down was XXXX and was to be allowed to be placed with the Class 7 unsecured debt but was never pursued XXXX in the bankruptcy and therefore discharged at confirmation making the {$23000.00} uncollectible by the creditorXXXX. See enclosed reaffirmation agreement Plaintiffs Exhibit A, Confirmed plan Exhibit B. \n\nViolations by Seterus : 1. Starting in XX/XX/XXXX I received an Account Statement showing a current principal balance of {$49000.00} and a Current interest Arrearage Balance of {$23000.00}. This FDCPA and CFPB violation has now continued for years escalating from statements showing the discharged debt as interest but to now the payoff and Outstanding Balance owed. See Exhibit C, D, E, F, G, H. \n2. During the Bankruptcy from XX/XX/XXXX to XX/XX/XXXX Seterus placed Forced placed insurance on the subject property to protect the investors XXXX total investment but failed to inform the courts of this action or the owner of the property. This would have been a violation of the bankruptcy code. \n3. In XX/XX/XXXX XXXX as a result of a reaffirmation agreement being executed had only a {$50000.00} interest in the property located at XXXX XXXX XXXX XXXX. XXXX, Ohio XXXX See Exhibit A, I.\n4. Starting in XX/XX/XXXX to present Seterus had been enforcing flood insurance on the property. In XX/XX/XXXX I received a letter from Seterus listing the guidelines for the Flood Disaster Protection Act of XX/XX/XXXX on Forced Placed Flood insurance amounts allowed by Federal Law See Exhibit Q. Seterus has as of today been over insuring the property with Force Placed insurance in the amounts of {$120000.00} to {$120000.00} See Exhibit J, K, L, M, N. This action was and is a violation of the XX/XX/XXXX and FDCPA. As stated in the guidelines presented to me by Seterus See Exhibit Q. Seterus was only permitted by law to place only up to {$50000.00} worth of coverage on the property to protect the investors interest as stated in their letter See Exhibit Q. As a result of this action Seterus failed to comply with Federal Law continuously over the past 6 years by placing an absorbent amount of insurance on the property in amounts as high as {$120000.00} to {$120000.00} I have included a print out and statements See Exhibits J, K, L, M, N, P.\n5. As a result of these illegal insurance fees I could not pay the premiums and was forced by the debt collector Seterus and their attorney also notified me that they were trying to collect a debt forced me to pay inflated reinstatement fees which included not only the insurance premiums and now there attorneys fees in order to keep my property from being sent to foreclosure. See Exhibit Q I sent faxes and CFPB reports to Seterus only to be told that there would respond and never have see Exhibit S, T. Per the law a investor has the right to place forced place of insurance on the property. But Seterus would not acknowledge in any correspondence I have sent to them and has ignored the amount of insurance forced placed on the property which was what not allowed by federal law. To conclude this matter, it has now been brought to my attention that I was not even in a Flood Zone and Seterus paper work was incorrect used to place the illegal insurance on the property. so now they have admitted in a correspondence letter back to me that I never even needed Flood Insurance See Exhibit O.\n6. I have enclosed a print out of just some of the now illegal fees see Exhibit P, R 7. Seterus has now sent me out a letter stating that my deductible on my insurance policy is to high and has written a forced placed policy to replace my insurance. The note nor the mortgage have language regarding a deductible having to be a certain amount only that the insurance has to be carried on the property to protect the investor see Exhibit U 8. On XX/XX/XXXX I purchased a Flood insurance policy XXXX though XXXX that would cover the investors liability in the property in the amount of {$50000.00} which was the balance of the note at the time. see Exhibit W 9. The policy XXXX was compliant with the XX/XX/XXXX Flood Act. Setrus added an additional {$74000.00} of insurance by adding a new policy to the property this was not incompliance with the XX/XX/XXXX Flood Act see Exhibit X, Z-1.\n10. In XX/XX/XXXX I had to retain a lawyer to combat the illegal activity being placed on my mortgage by Seterus my attorney still allowed me to try to work things though with Seterus by allowing Seterus to talk to me one on one as stated see Exhibit V. On XX/XX/XXXX I called Seterus and they now have no record of this letter on file.\n11. I have attempted now over the past 5 years to get Seterus to correct the balance of my loan to be compliant with the court order signed by Federal Judge XXXX with now prevail. I have enclosed within the correspondence letters that I have received back from Seterus and XXXX in regards to the illegal activity on my loan see Exhibit Z, Z-1. \n\nAfter all of my attempts to make Seterus correct my loan balance and credit me back the insurance premiums attorney fees in connection with the mismanagement of my loan Seterus has now filed another foreclosure suit against myself and the trustee in an attempt to force my hand to pay more fees that I do not owe see Exhibit A1, A2.","date_sent_to_company":"2017-09-12T13:21:48.000Z","issue":"Attempts to collect debt not owed","sub_product":"Mortgage debt","zip_code":"45042","tags":null,"has_narrative":true,"complaint_id":"2669891","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Seterus, Inc.","date_received":"2017-09-12T12:49:04.000Z","state":"OH","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Debt was already discharged in bankruptcy and is no longer owed"},"highlight":{"complaint_what_happened":["The balance of the cram down was XXXX and was to be allowed to be placed with the Class 7 unsecured debt but was never pursued XXXX in the <em>bankruptcy</em> and therefore discharged at confirmation making the {$23000.00} uncollectible by the <em>creditor</em>XXXX. See enclosed reaffirmation agreement Plaintiffs Exhibit A, Confirmed plan Exhibit B. \n\nViolations by Seterus : 1."],"sub_issue":["Debt was already discharged in <em>bankruptcy</em> and is no longer owed"]},"sort":[13.46148,"2669891"]},{"_index":"complaint-public-v1","_id":"4631282","_score":13.085015,"_source":{"product":"Credit card or prepaid card","complaint_what_happened":"Chase, you are vastly out of compliance and we have been awaiting the following so we can make our payments on our Southwest Visa ( Opened XXXX ) and our Marriott XXXX ( opened XXXX ). \n\nThese are the fact of the case so we are level set : 1. We are Victims of Identity Theft ( This has been acknowledged and proven ) This started all course of events to take place 2. We are Victims of Account Takeover. This has been proven at least two times, along with other devices being added to our accounts. At very least, it is proven that on XX/XX/XXXX that a fraudster, someone other than myself and my family, changed my long-standing email and phone number. On XX/XX/XXXX, after thinking about the additional fraud and bounced ACH payments I had the Chase online team walk me through the entire online site and while reviewing we found this fraudulent email and phone number that I had removed immediately. Note, prior to this I had my online access removed for a time ( I asked for this ) in an attempt to frustrate the fraudsters. This worked to a certain degree but I also needed access eventually to my online banking and had it turned back on. \n3. On XX/XX/XXXX, as stated above, I noticed with the rep who was going page by page with me, that the aforementioned email address and phone numbers had been changed, which we quickly rectified. Also, it was noted that on XX/XX/XXXX this took place and I let the Executive resolution team, notably XXXX, know this. I asked that she get this information from the banking platform which also displays my card info. She told me that she could not or would not do that, I cant recall, so I made those calls myself and obtained the time periods and records. This has been notified to XXXX XXXX XXXX via secured messaging that we have recently begun using to converse or for me to supply additional details as Chase has asked 4. XXXX XXXX also asked for me to complete two more assignments for her ; 1. Provide a letter from my cell carrier XXXX ( now XXXX ) from the beginning o XXXX to the present date of said letter. I did this and sent her this letter showing malicious activity on my mobile phone during all of the time frames in question. I also, called XXXX, knowing I would get little information, but also shared the same with XXXX XXXX. In addition, XXXX mentioned that if the fraudsters took over my accounts at chase ( online account access ), had what I will call spoofed my cell phone, then they could also have taken over my XXXX account as well. This means they could read emails prior to myself reading them and then delete them permanently without me even knowing they were logged into my email. This being a particularly good point, I created a new email and assigned it to my Chase online account moving forward. You will see that information Chase if/when you access my profile. \n5. On XX/XX/XXXX, I was also monitoring my account and noticed a very strange XXXX transaction. Though my daughter will be paid from a Trust it just didnt look right so I called chase. I asked why they payment was on hold and I was told that it was on hold because it was showing that I had made this online deposit by e-check. I advised that I had done no such thing and then, now knowing how to access this, checked to see if anyone had changed my email address or phone number. Wouldnt you know it, my old email address had been changed to XXXX. This was another account take over and obviously the fraudsters had something cooking. I asked that this {$5200.00} check be sent back to the maker and removed from my account, being assured that would happen within 24 hours. However, this {$5200.00} check was not removed and I have been told that my account will remain locked until the check bounces ( will not be assessed a fee ) until XX/XX/XXXX. THIS IS NOT ACCEPTABLE! This is FRAUD and ACCOUNT TAKEOVER. Chase is required to return this fraudulent instrument and make my account available to me. This BTW is when I officially changed my email address, leaving my phone number since it had remained correct and static. \n\nChase you are in violation of the FCBA, for one and I could go into the FCRA and Credit Card Act as well to show Chase is in violation there as well. Here are the reasons for your violations which are illegal in nature and step on my rights as a consumer directly!\n\n1. Chase must only report the balances and payments of a fraudulently disputed account ( s ) to the credit bureau prior to all fraud taking place. This has not taken place ; you are in violation and are now considered against regulatory law that is hurting me as a consumer. This needs to be cleaned up and payments need to be shown as agreed since they have been all along.\n\n2. Chase is to supply me with, and I am required to make payments on, only the non-fraudulent balance and payments prior to the fraud. I have asked 100s of times for this with absolutely NO RESPONSE from Chase. This is to be remedied immediately.\n\n3. Chase has reported the account closed by creditor yet I am the one who alerted them to all fraud, including ACH bounced payments. This is illegal and goes against the FCBA and my rights as a con\nsumer. If you chose to place a statement of under fraud investigation that is find but any negative connotation is against my consumer rights. This must be reflected on my credit reports ( all three ) immediately.\n\nActions of myself and my family : 1. If the above takes place, we will make the minimum payments and keep our credit strong with Chase as I think we can come to a resolution that is right for all. Reinstalling my good name and 20 years of good credit with Chase will be a start and re-opening these accounts should be the next step. We WILL NOT pay on fraud. If you do not remove these we will move to the next step.\n\n2. If Chase does not manage this, I will file for bankruptcy, and have all debts herein waived. I have already made agreements with all of my other creditors that are collaborating with us and they are willing to speak to my stature with them\nand their companies in a court setting. I will reaffirm with all creditors that understand whats gone on at the meeting of creditors 341 meeting. Yes, I am also a bankruptcy expert and a witness on all types of financial crimes. This one just happens to be against me and my family and now I will t\nreat myself to the knowledge I have. In addition, after the BK is discharged, I will sue all creditors who did not act within the law for : a. Not following consumer protections regulations b. And, I have already contacted the Press that is ready to take this to local and then then National level.\n\nChase you are NOT being threatened. These Fraudsters and now yourselves have threatened myself and my family. Also, through your inaction, you have allowed Account Takeover to continue which also leads me to believe that this is at least partly an inside job! You have many documents that are floating around Chase that you cant account for, yet I have proof that you received these faxes from your branch offices where they were sent from. This is pure negligence and show to me that Chase has many internal pieces broken within you communication and customer privacy chain. This must end! \n\n\nAlso, Chase as noted the fraudsters have now made contact with my daughter XX/XX/XXXX and with me this past Wednesday XX/XX/XXXX. You are making the situation worse and the fraudster who contacted me even mentioned the online check that was placed within my account without any authorization of myself or my wife. Also, I let XXXX XXXX know, showing proof of the letter I had written in XXXX that Chase was not to accept any 3rd party checks without validation and approval by myself. Chase, you acknowledged this email and yet you allowed it on both my credit cards and now my checking account I have with you. This is not only sad, but you have also broken my trust and rights as a consumer! \n\nThank you, XXXX and XXXX XXXX","date_sent_to_company":"2021-08-14T22:48:48.000Z","issue":"Problem with a purchase shown on your statement","sub_product":"General-purpose credit card or charge card","zip_code":"77095","tags":null,"has_narrative":true,"complaint_id":"4631282","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"JPMORGAN CHASE & CO.","date_received":"2021-08-14T22:29:50.000Z","state":"TX","company_public_response":null,"sub_issue":"Card was charged for something you did not purchase with the card"},"highlight":{"complaint_what_happened":["If Chase does not manage this, I will file for <em>bankruptcy</em>, and have all debts herein waived. I have already made agreements with all of my other <em>creditors</em> that are collaborating with us and they are willing to speak to my stature with them\nand their companies in a <em>court</em> setting. I will reaffirm with all <em>creditors</em> that understand whats gone on at the meeting of <em>creditors</em> 341 meeting. Yes, I am also a <em>bankruptcy</em> expert and a witness on all types of financial crimes."]},"sort":[13.085015,"4631282"]},{"_index":"complaint-public-v1","_id":"2899593","_score":12.078751,"_source":{"product":"Mortgage","complaint_what_happened":"I took out a second mortgage with XXXX in XX/XX/XXXX. I filed Chapter XXXX Bankruptcy on XX/XX/XXXX. That bankruptcy was discharged on XX/XX/XXXX. I continued to make payments on this XXXX mortgage from XX/XX/XXXX forward. I did not receive ANY statements from XXXX until XX/XX/XXXX. The contents of that statement were as follows : I called XXXX and we had a three way conversation with my bank that made all of the above payments, XXXX XXXX XXXX. XXXX subsequently told me in a telephone call which I tape recorded : The one statement was in my online portal & not mailed to me. \n\n\" You are late on your Home Equity Loan payments. Failure to bring your loan current may result in fees and foreclosure - the loss of your home. As of XX/XX/XXXX, you are 369 days delinquent on your Home Equity Loan. Recent Account History : Payment due XX/XX/XXXX : Unpaid PMT balance {$230.00} Payment due XX/XX/XXXX : Unpaid PMT balance {$230.00} Payment due XX/XX/XXXX : Unpaid PMT balance {$230.00} Payment due XX/XX/XXXX : Unpaid PMT balance {$230.00} Payment due XX/XX/XXXX : Unpaid PMT balance {$230.00} Current Payment Due XX/XX/XXXX : {$230.00} '' TOTAL PAYMENT DUE : {$3300.00} Note : XXXX then turned the servicing over to Nationstar but just notified me by letter dated XX/XX/XXXX which I have yet to receive via mail ( but which is in my XXXX XXXX ). \n\nThis was the FIRST notice I EVER received that I was allegedly late in any payments. To make matters more confusing, XXXX engaged in a three-way call with me with the Bank who writes my automatic payments to XXXX : XXXX XXXX XXXX. XXXX confirmed all these payments the statement indicated were late were indeed made and XXXX demanded proof which was sent directly by the Bank. XXXX subsequently told me during repeated and recorded phone calls that this statement was sent in error and that I should ignore it. I have tapes of several employees stating that there was a note on my account that the statement was in error. I wish to turn recordings over to CFPB, as my state is a one party consent state & I told the reps that I was recording the calls. One rep even told me that they would use the statement as an example to share with other managers. '' The payments they were alleging that were overdue ( the last 13 months ) were all paid. At no time did they tell me that the statement was correct. I called every day from XX/XX/XXXX to XX/XX/XXXX. I was told not to worry about the statements. I received a \" welcome call '' from XXXX, my personal banker at the new servicer, Nationstar Mortgage. XXXX stated she did not see any foreclosure scheduled. Imagine my surprise when I received a certified letter at the property and at my Maine address which amounted to a foreclosure DEMAND LETTER. I have been given 30 days to pay the above amount, even though they can not tell me which months are in fact not paid. Since my Chapter XXXX was discharged in XX/XX/XXXX, why did I JUST start receiving statements NOW, a full 13 months after they claim all payments I made were overdue? Why is it OK to start sending me statements NOW? I was told that they didn't send me statements before due to the Ch XXXX, even though I ASKED for them, but they refused to send them. If you go into the account history, it is clear that they did not provide me with ONE statement in the last ten years except the one beginning in XXXX/XXXX of this year. How am I supposed to research these alleged missing payments that they are hinting were as long as eight or nine years ago if my bank no longer has statements available? Why did XXXX fail to inform the Bankruptcy Court that I was late at ANY time? When they filed their proof of claim, they stated I was current in the mortgage. They just subordinated the loan to XXXX, so that XXXX could offer a lower interest rate. If they thought they were going to foreclose, why would they subordinate their first place in line for foreclosure to a much larger mortgage? XXXX also failed to do the following : 1. XXXX failed to provide me with monthly statements. It was required to because it is also holding me liable for those months and actively collecting a debt, including making demand via certified letter. Therefore, they should have sent statements once he Ch XXXX was over. Thus, they are liable for failing to follow the PERIODIC STATEMENT RULE. My XXXX portal shows that not one statement was sent to me in many years and the Bankruptcy records show that they never sought relief from the Court or notified them of any alleged arrearage. \n\n2. XXXX has failed and refused to give me accurate statements showing which month I am actually missing payments. Moreover, I have found that months they claim I am overdue have payments they did not post, such as late XX/XX/XXXX and early XX/XX/XXXX. They never properly credited missing payments. \n\n3. XXXX told me they CHARGED OFF this account 6 months after it entered into Ch XXXX bankruptcy. It now is CHARGING IT OFF AGAIN in late XX/XX/XXXX. How can an account be charged off twice? When did this company charge this acct off with the IRS? \n\n4. As stated above, XXXX repeatedly told me to ignore a statement telling me I could lose my home. They JUST turned this over to a new servicer who has a one star rating with every reputable rating site and who will not return my calls. Nationstar has a policy of providing customers one point of contact which would be great if that POC was not avoiding me. As of this writing, XXXX XXXX has failed and refused to return my call and all requests for supervisor call backs have been ignored -- AND THIS IS AN ACCOUNT going to foreclosure! \n\n5. It is manifestly unjust to fail and refuse to send statements providing procedural due process and the ability to verify facts. This refusal to send statements has been over 8 years. I am now severely prejudiced by the failure of my bank to be able to reach back to the inception of the loan to play a guessing game as to which payments were not posted. I had an attorney during XX/XX/XXXX to XX/XX/XXXX and that attorney could have received statements on my behalf. This was not done. I am irrevocably harmed by XXXX 's insistence that I ignore the statements and further their failure to investigate which months were in fact behind. When I showed proof that there were errors in not crediting the account, such as last fall, they did not correct this. \n\n6 XXXX failed to notify me in a timely manner that it was turning the servicing over to Nationstar. Before the ink was dry on Nationstar 's letter to me notifying me of the change, they had already drafted a Demand Letter as a precursor to a Foreclosure action in NH, a non-judicial foreclosure state. Nationstar cares nothing about working out the true facts, will not speak to me, and my phone records document both incoming and out going calls-they have failed to return calls at all as promised. Nationstar is nothing more than an aggressive debt collector for XXXX. I have been a member of XXXX for 33 years and deserve better treatment than to be lied to -- in fact we all do. Further, I am a XXXX  XXXX XXXX veteran and a female veteran. I feel strongly that my age, gender and ableism has set me up as a mark for Nationstar to try to take my home. This is proven by the fact that they do not even give me the courtesy of a return call. This is especially outrageous because both XXXX and Nationstar told me that I was not going to foreclosure verbally. The tape recordings tell a different story. \n\nI request that the CFPB investigate my allegations of wrong doing and discrimination. I further request that the CFPB take custody of the tape recordings, made legally and in the furtherance of my efforts to resolve this dispute. They put an end to the \" he said-she said '' question and prove that I was lied to and given a false sense of security so that Nationstar could foreclose when I was least prepared. I am asking that action be taken against individuals who made material misrepresentations of fact in furtherance of a scheme to defraud the debtor. I further ask that XXXX be sanctioned for not following the Periodic Notice Rule given that they held a lien which they intended to enforce. It is well settled in the law that if a creditor seeks to enforce a claim then it must provide proof that it provided adequate notice of the claim, including periodic statements. No statements since the beginning of XX/XX/XXXX is inexcusable. \n\nI ask that CFPB intervene in the actions of Nationstar to immediately foreclose. I have not been given ANY proof as to what months are actually owed, if any, and yet Nationstar is going forward with a foreclosure notice, using false dates of delinquency. The use of these dates, which they know to be false, should further cause them to be liable for a violation of the law and standards of fair play and equity. I ask that the CFPB assist me in ascertaining what sum, if any, is actually due since many bank records are no longer available. \n\nWherefore, I respectfully ask CFPB to obtain each and every recording, communication, statement, letter, email, whether to myself as the debtor or to XXXX as the loan owner or to Nationstar as the subservicer. I believe it will show a pattern of disregard for sound record keeping. \n\nI further attest that each and every allegation reported herein is the truth and that I am willing to have my statement taken under oath.","date_sent_to_company":"2018-05-08T09:45:04.000Z","issue":"Trouble during payment process","sub_product":"Home equity loan or line of credit (HELOC)","zip_code":"03301","tags":"Older American, Servicemember","has_narrative":true,"complaint_id":"2899593","timely":"No","company_response":"Closed with explanation","submitted_via":"Web","company":"NATIONSTAR MORTGAGE LLC","date_received":"2018-05-08T07:46:29.000Z","state":"NH","company_public_response":"Company believes complaint represents an opportunity for improvement to better serve consumers","sub_issue":null},"highlight":{"complaint_what_happened":["Therefore, they should have <em>sent</em> statements once he Ch XXXX was over. Thus, they are liable for failing to follow the PERIODIC STATEMENT RULE. My XXXX portal shows that not one statement was <em>sent</em> to me in many years and the <em>Bankruptcy</em> records show that they never sought relief from the <em>Court</em> or notified them of any alleged arrearage. \n\n2. XXXX has failed and refused to give me accurate statements showing which month I am actually missing payments."]},"sort":[12.078751,"2899593"]},{"_index":"complaint-public-v1","_id":"7487549","_score":10.942135,"_source":{"product":"Credit card","complaint_what_happened":"I have a credit card with Walmart through Capital One. I have had this account for approx. 9 years! I will start this out by saying that I've NEVER made a late payment to them or any other creditor for that matter, and NEVER have I filed bankruptcy! I have had ZERO negative marks on my credit and ZERO public records! \nI went to make my payment on my Capital One Walmart credit card online on XX/XX/XXXX, the day it was due. and noticed that my account with Capital One had been restricted online and it said to call. I called immediately and they said my account had been flagged for bankruptcy! I have never filed bankruptcy in my life! I immediately asked to talk to a supervisor, and she informed me that they would have to investigate it and someone should reach out to me in 2-3 days! They refused to take my payment over the phone, but they said that they would refund any late fees if they were in the wrong! I then proceeded to pull my credit history from my XXXX Credit Monitoring Service that I am subscribed to, just to make sure that there wasnt any suspicious activity on my account or any bankruptcies showing up in my public records! There was nothing, no suspicious activity or bankruptcies! I then waiting until the next day XX/XX/XXXX, and called Capital One again, and the agent I spoke to this time ( XXXX, Agent # XXXX ) and she told me that the bankruptcy had been misapplied and that she could go ahead and take the payment. I asked her when the account restricted status would come off of my account, and she said it would take a few days. I gave her my payment info over the phone and made a {$140.00} payment over the phone! I thought it was caught and taken care of at that point! I checked my account online Monday morning XX/XX/XXXX, and it still said account restricted but it showed by balance which reflected the payment I made over the phone. Still, I thought it had been taken care of! I kept checking the account online periodically on XX/XX/XXXX, and by mid-afternoon XX/XX/XXXX, I was able to fully access my online account and the account restricted status had been lifted! However, I checked it again the next day, Tuesday afternoon XX/XX/XXXX, and I was able to sign on, but it said no accounts found! My stomach instantly turned when I saw that! I immediately called and I was told the account had been charged off due to bankruptcy! I told them that the bankruptcy was not mine and demanded for them to give me more info so I could look into this matter deeper! Ive never had any negative reportings on my credit history, and I wanted this resolved quickly! I was transferred to another agent ( XXXX in the Recoveries Department XXXX, ext. XXXX ). She told me that since the account was charged off, that she would have to wait for it to transfer over to the other system so she could give me more info. She told me that she would try and help me so I could get this resolved quickly! Thursday, XX/XX/XXXX, XXXX called me at approx. XXXX XXXX  EST and gave me the info for the bankruptcy. She said that it had been filed in the XXXX Ohio District Bankruptcy Court. She told me the case number was XXXX and it was filed on XXXXXXXX  and was filed as a XXXX  XXXX! I again told her that this was not me, and that I had checked my SSN on XXXX ( XXXX XXXX XXXX XXXX XXXX XXXX ), and that no bankruptices had been filed in my name! She told me that someone from the dispute department would be contacting me shortly to get this resolved! At approx. XXXXXXXX XXXX on XX/XX/XXXX, I was contacted by XXXX from the Recoveries and Disputes department from Capital one ( Agent # XXXX ). He told me that he believed that the bankruptcy had been misapplied and that he was going to research to see what was going on. I gave him all of the information that I had! He apologized to me that I was dealing with this and told me he was going to work with me to quickly resolve this matter. After getting off of the phone, I went straight online through XXXX. again to see if I could locate the actual bankruptcy filing since they gave me info to see who actually filed it! I found a bankruptcy that was filed in the XXXX Ohio District Bankruptcy Court on XX/XX/XXXX that belonged to a girl that had the same last name as me and lived in the city, but a completely different first name and street address! The case number is XXXX! The case number that Capital One gave me was XXXX, but I couldn't find a case with just those numbers! The case for the one I found online on XXXX had to be the one they were referring to because it has all of the same numbers and the only one filed on that specific date in that court, and it was a XXXX  XXXX! I received a call back from XXXX from Capital One at approx. XXXXXXXX XXXX. XXXX on XX/XX/XXXX, but I was at work and missed the call. He left me a message on my voicemail. The transcript was as follows Good Afternoon XXXX XXXX. This is XXXX calling from Capital One. Im calling to follow up as promised. I do have some great news! We were able to get the bankruptcy issue resolved and are working on reviewing your account for reactivation. If you have any questions please give me a call back at XXXX. Once again this is XXXX calling from Capital One recoveries and disputes for XXXX XXXX! Im just calling to advise you that we were able to unravel the bankruptcy issue and we are going to and working on doing the reactivation for your account. Please give us a call back if you have any additional questions at XXXX. My agent ID is XXXX. Thank you and have a great day! \nAs soon as I listened to the message, I attempted to call back. I gave the agent that answered Rays agent ID, but was told that they were unable to connect me. I then called XXXX, the agent that initially helped me, because I had her direct extension. She told me she would get in touch with XXXX and tell him to return my call. I attempted to reach XXXX at Capital One approx. 10 times from XX/XX/XXXXXXXX  thru XX/XX/XXXX, with no luck! I had questions I wanted answered and could not reach him! Every time I called, I got a different agent every time, and Im told something different every single time I call! Ive been told they will have him call me back, and Ive also been told that there is no way for them to connect me with him or leave him a message, although I have his agent ID. I sent a certified letter to Capital One with detailed info about what happened on XX/XX/XXXX, and had it overnighted! I also typed a letter to all 3 credit bureaus about this mess, and asked them to attach the letters to my credit file, just in case anything negative showed up! Fast forward to the next day, and XXXX from Capital One FINALLY returned my call on XX/XX/XXXX! I was NOT happy with him and told him the stress I went through trying to reach him! He explained that there was a process they had to go through to reinstate my account! I told him that I understand there is a process, but there needs to be more of a PROCESS PRIOR to them slapping a bankruptcy on someone's card and charging it off! Especially since I contacted them several days before it was charged off! He assured me that they were working on it and attempting to reinstate my account as fast as they could! I told him again that nothing negative better show on my credit as a result of this mess, and their negligence led to this problem... it was NOTHING that I did! I received a phone call on XX/XX/XXXX from Capital One. I was at work and did not get to write the agents ID number down, but her name was XXXX and she stated she was a Senior Account manager! She told me that they were working on reinstating my account, and they had to \" mirror '' my account to reinstate it, and it could take 3-5 weeks!!! I've already went through this mess for 2 weeks!!! I asked her if its could be expedited, and she said there was no way to expedite it! I am so sick of dealing with Capital One and the stress and XXXX  that they have caused me over the past 2 weeks! I am sick over this whole mess and I want it fixed! Waiting 3-5 weeks for them to fix a mess that was their fault in unacceptable! I asked XXXX from Capital One on XX/XX/XXXX when I spoke to him, what Capital One was going to do for me to compensate me? I told him that once the account is fixed, they need to reduce the interest rate or SOMETHING! He told me he would see what he could do! I shouldn't have to ask for compensation, they should have offered it in the first place since they were the ones that made the error! I am being told NOTHING will show negative on my credit, but I'm watching my credit closely! I don't trust the company at all! This is bad business and it has taken away from my family, my work, my leisure time and caused XXXX  and panic! There should be more of an extensive verification process before a bankruptcy is flagged on someone's account! The person didn't even have the same first name as mine..only the last! My last name is a common last name at that! However, I know that writing this complaint won't get anything done faster, but I wanted to warn others about this happening! Thank goodness for my background in finance, because I knew some steps to follow to protect myself! The ONLY good thing I have to say is about a specific representative that I have dealt with, and that is XXXX! XXXX is the only agent that, I feel, truly believed me and tried to help me! If it wasn't for her, I don't think we would've ever gotten to the bottom of this! I am disgusted and infuriated with how this entire situation has been handled from Capital One! There is no reason why this \" process '' of reinstating my account should take 3-5 weeks!","date_sent_to_company":"2023-09-01T21:19:24.000Z","issue":"Other features, terms, or problems","sub_product":"General-purpose credit card or charge card","zip_code":"456XX","tags":null,"has_narrative":true,"complaint_id":"7487549","timely":"Yes","company_response":"Closed with monetary relief","submitted_via":"Web","company":"CAPITAL ONE FINANCIAL CORPORATION","date_received":"2023-09-01T20:33:18.000Z","state":"OH","company_public_response":null,"sub_issue":"Other problem"},"highlight":{"complaint_what_happened":["I will start this out by saying that I've NEVER made a late payment to them or any other <em>creditor</em> for that matter, and NEVER have I filed <em>bankruptcy</em>! I have had ZERO negative marks on my credit and ZERO public records! \nI went to make my payment on my Capital One Walmart credit card online on XX/XX/XXXX, the day it was due. and <em>noticed</em> that my account with Capital One had been restricted online and it said to call. I called immediately and they said my account had been flagged for <em>bankruptcy</em>!"]},"sort":[10.942135,"7487549"]},{"_index":"complaint-public-v1","_id":"2718319","_score":10.798417,"_source":{"product":"Debt collection","complaint_what_happened":"Company never provided any valid evidence of debt within the 30-day time frame from a dispute filed with the credit bureaus. I Requested information from creditor by affidavit ( from a commissioner of the court ) and the company did n't provide any information requested but sent a printed unsigned ledger nor did they remove any debt from my credit report. Certified Mail # XXXX ALSO XXXX ) Please provide proof of notice that was given that was to be submitted Within five days of the collector 's initial communication, it must send you a notice include the amount of the debt, name of the creditor, and notice of your right to dispute the debt within 30 days. [ 15 USC 1692g ] 809 ( a ) A debtor must be allowed to validate the debt that they are being called on. Once a collections agency notifies the individual that they owe a debt, the individual has 30 days to validate or dispute the debt. The collections company is not allowed to continue collections procedures until after the debt is validated or disputed. \nNOTICE OF DISPUTE ; DEMAND FOR VALIDATION AND PROOF OF CLAIM To Whom it May Concern This letter is being sent to you in response to a computer generated, unsigned letter received by Claimant from your offices. Be advised that your claim is disputed and validation and proof of claim of the disputed debt is requested in accordance with the Fair Debt Collection Practices Act, 15 USC 1692 and as amended by adding the following new Title 8 USC 802 et seq., and the Fair Credit Billing Act, 15 USC. 1666 et seq. All of which work in conjunction with each other, including the Truth In Lending Act ( TILA ) 15 USC 1601 et seq. It is not now, nor has it ever been, my intention to avoid paying any obligation that is lawfully owed by the Claimant. In order to make arrangements to pay an obligation which may be lawfully owed, please document and verify the debt by complying, in good faith, with this request for validation and return it to me, within thirty ( 30 ) days of receipt of this letter. \n\nThis is NOT a request for verification or proof of Claimant mailing address, but a request for VALIDATION and PROOF OF CLAIM made pursuant to the above-named Titles and Sections. I respectfully request that your offices provide Claimant with competent evidence as per the attached Declaration and Proof of Claim that I have any legal obligation to pay you the unsubstantiated alleged debt. Furthermore, you shall cease all verbal communication. No phone calls to the Claimant. \n\nAt this time, I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus, such as, XXXX, XXXX and XXXX prior to validation and proof of claim of the disputed debt, this action might constitute fraud under both Federal and State Laws. Due to this fact ; if any negative mark is found on any of Claimant credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character Violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341 ( Mail Fraud ) This debt is considered to be invalid until I receive proper validation and your offices provide Claimant with proof of claim of the disputed debt. Your offices have 30 days to produce the required documentation in accordance with FTC guidelines. During this validation period and proof of claim, if any action is taken which could be considered detrimental to any of Claimant credit reports, said action will be considered a dishonor and cause the self-executing contract portion of this notice to be implemented. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated. \n\nIf your offices fail to respond to this validation and proof of claim request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from Claimant credit file and a copy of such deletion request shall be sent to Claimant immediately.\nTitle 8 USC 809. Validation of debts [ 15 USC 1692g ] ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such validation and verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. \nXXXX LAW DICTIONARY : VERIFICATION. Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition. \nVALIDATION. Proving the validity of accuracy of the claim. \n\nCounter Claim with Self-Executing Contract If Respondent, such as by commission, omission, and otherwise : ( a ) Fails to provide VALIDATION and PROOF OF CLAIM within XXXXhirty ( 30 ) days ; ( b ) Makes a false representation of the character of the herein above-referenced alleged debt ; ( c ) Makes a false representation of the legal status of the herein above-referenced alleged debt ; ( d ) Makes any threat of action that can not legally be taken, in violation of any applicable law, such as, the law codified at the Fair Debt Collection Practices Act, will be construed to be Respondents tacit acceptance of the terms and condition stated herein. In which case RESPONDENT agrees to : ( e ) Voluntarily report this account to all credit bureaus as paid as agreed ; and, ( f ) Voluntarily waive all claims against Claimant, their Agent or Heirs with prejudice ; and, ( g ) The matter regarding the alleged debt is finally and totally settled ; and, ( h ) Voluntarily admits the Claimant is the depositor for this account, that Respondent risked none of their assets at any time regarding this account and that they failed to disclose these material facts to Claimant ; and, ( i ) Voluntarily report the date of last activity on this account is the date of this notice. \n\nFurthermore, RESPONDENTS failure to Cease and Desist in accordance with the requirements of the FDCPA and other related law, and/or satisfy the above terms and conditions, constitutes RESPONDENTS Breach of Duty and voluntary agreement to compensate Claimant, by certified mail, with a cashiers check within thirty ( 30 )  days of the date of billing by Claimant, their Agent or Heirs, in the following amounts : I ) XXXX XXXX Dollars ( {$1000.00} ) for each communication made to Claimant or their Agent or Heirs, whether telephonically or in writing, which is not in affidavit form, by a person who has firsthand knowledge, regarding Respondents unsubstantiated claim ; and, II ) XXXX XXXX Dollars ( {$50000.00} ) for each transaction initiated by Claimant where Claimants commercial ability is impeded due to you, your agents or assigns adverse credit reporting ; and, III ) XXXX XXXX Dollars ( {$5000.00} ) for each court appearance Claimant, their Agent or Heirs makes in response to Respondents unsubstantiated claims ; and, IV ) RESPONDENT owes Claimant the balance equal to the purported credit limit on this account, plus interest and fees, for money lent ; and, V ) Three times the alleged claim amount of XXXX XXXX XXXX XXXX XXXX XXXX XXXX dollars ( {$160000.00} ) which equals ( {$490000.00} ) ; and, VI ) XXXX XXXX Dollars ( {$5000.00} ) per occurrence, for listing or reporting any information to a credit reporting repository which could be considered detrimental to Claimants credit history ; and, VII ) Punitive damages in the amount of ( {$270000.00} ) ; and VIII ) Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs ; fees and expenses incurred in defending against this and any and all continued collection attempts ( by anyone ) re the above-referenced alleged account RESPONDENT also agrees to : 1. Voluntarily authorize Claimant to record a UCC-1 on RESPONDENT as debtor to secure the debt owed Claimant ; and, 2. Voluntarily prove their claim as a RESPONDENT in possession of Claimant property in a involuntary bankruptcy proceeding process ; and, 3. Voluntarily compensate Claimant for ALL costs and attorneys/consultant fees ; and, 4. Resolve ALL claims by Claimant, against Respondent, et al, exclusively and finally through binding arbitration, if necessary, to enforce the above terms, conditions, fees, penalties and damages. Arbitration replaces the right to go to court except to confirm an arbitration award. The arbitration organization that is selected will apply its code or procedure in effect at the time the arbitration is filed, subject to this agreement. The arbitration will be conducted before a single arbitrator. The arbitrators authority is limited solely to the Claims between Claimant and Respondent alone. The arbitration will not be consolidated with any other arbitration proceeding. If Claimant prevails in the arbitration of any Claim against Respondent, Respondent will reimburse Claimant for any fees Claimant paid to the arbitration organization in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive any voluntary payment of Claimants claim against Respondent, in full, or any bankruptcy by Respondent. \n\nThis is a private communication and is intended to affect an out-of-court settlement of this matter. Conduct yourself accordingly. Should any provision on this agreement be found to not be enforceable by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become enforceable.\nEquality under the Law is PARAMOUNT and MANDATORY by Law NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL Applicable to all successors and assigns Silence is Acquiescence/Agreement/Dishonor You are the second party that has written a letter purporting to represent, or have as your client, and the first was not registered as a debt collector in Maine and they have not answered the debt validation request presented to them. This is Notice that I do not recognize the Respondent from which the Claimant has received a computer-generated debt collection attempt, and I must necessarily dispute part, or all, of the alleged debt until the following is received ... \nCREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF CLAIM Please provide all of the following information and submit the appropriate forms and paperwork back to me along with an Affidavit signed In Accordance with 28 U.S.C. 1746 within 30 days from the date of your receipt of this request for validation and proof of claim.\n1. Alleged Name and Address of Creditor 2. Name on File of Alleged Debtor : 3. Alleged Account # : 4. Amount of alleged debt : 5. Date that this alleged debt became/becomes payable : 6. Date of original charge off or delinquency : 7. Amount paid if debt was purchased : 8. Please attach a copy of any signed agreement alleged debtor/claimant has made with debt collector, or other verifiable proof that debtor/claimant has a contractual obligation to pay debt collector. \n9. Furnish a copy of the original promissory note/agreement redacting my social security number to prevent identity theft and state that your client named above is the holder in due course of the note agreement and will produce the original for my own and a judges inspection should there be a trial to contest these matters.\n10. Produce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. Such as ; FR 2046 balance sheet ( OMB # s 2046, 2049, 2099 ), 1099 OID report, S-3/A registration statement, 424-B5 prospectus, RC-S & RC-B call schedules 11. Identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt.\n12. Verified specifically, name ( s ) of person ( s ) assigned as Trustee to handle Corporations affairs and to be held accountable for the actions of the Corporation. Such as CFO and subordinates responsible for debt collections.\n13. Verify as a third-party debt collector, you have not purchased evidence of the alleged debt and are proceeding with collection activity in the name of the original maker of the note.\nXXXX. Verify you know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity. \nXXXX. Provide verification from the stated creditor that you are authorized to act for them. \nXXXX. Verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing, which you know is false with the intention that others rely on the written communication to their detriment a violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341.\nNOTICE OF CLAIM DISPUTE NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT APPLICABLE TO ALL SUCCESSORS AND ASIGNS **********************SILENCE IS ACQUIESENCE*********************** NOTICE AND DEMAND TO CEASE AND DESIST COLLECTION ACTIVITIES PRIOR TO VALIDATION OF PURPORTED DEBT Pursuant to the truth in lending laws of the United States Code , Title 15 1601 et. Seq. and the Fair Debt Collection Practices Act laws of the United States Code 1692 et. seq This notice constitutes a timely written response to your Fair Debt Collection Practices Act notice that you are attempting to collect an alleged debt and is not a dishonor of your alleged claim of debt. \nThis notice is my, required by law, demand to cease and desist collection activities prior to validation of purported debt and you must validate the enclosed claim of an alleged debt. You must provide verification that an actual debt really exists by producing the following : 1. The name and address of the organization or other governmental unit alleging a debt ; 2. The name and address of the person or persons in that organization or other governmental unit alleging a claim of debt ; 3. The name of the actual creditor even if that is myself ; 4. The origin of the funds used to create this alleged claim of debt 5. The actual records of the organization or other governmental unit showing the time and place of the deposit and distribution of the funds used to create this alleged claim of debt.\n6. The actual records of the organization or other governmental unit showing that an actual loan was made from the organization or other governmental units own funds that resulted in the enclosed alleged claim of a debt.\n7. The actual records of the organization or other governmental unit with a live signature on any and, all document/instrument ( s ) used to allege the existence of a real loan of funds or debt from the organization or other governmental unit to myself or anyone else by similar name. \nXXXX. Be advised that verification is defined XXXX XXXX Law Dictionary, 6th Edition ) as follows : Confirmation of correctness, truth, or authenticity, by affidavit, oath or deposition. Affidavit of truth of matter stated and object of verification is to assure good faith in averments or statements of party. \nXXXX. The actual records of the organization or other governmental unit showing that an honest disclosure of facts relating to the alleged loan was made by the organization or other governmental unit in compliance with the truth in lending laws of the United States Code, Title 15 -1601 et. seq and Regulation Z. \n10. The actual records of the organization or other governmental unit showing that any, and all documents /instrument ( s ) containing my signature or likeness of my signature were not negotiated or pledged by the organization or other governmental unit against my credit to create the funds used for the appearance of a debt and resulting in this alleged claim of debt.\n11. The person that prepares and swears to the validation of debt must describe:1 ) your job description on a daily basis ; 2 ) if you are the regular keeper of those books and records and are familiar with how they are kept and their contents ; 3 ) How long have you been in your position ; 4 ) When did you first come in contact with the alleged account/debt ; 5 ) How frequently do you work with the files and information they are presenting to verify/validate the alleged debt ; and 7 ) Do you have personal knowledge about the alleged debt and/or any alleged account.\n15 U.S.C -1692 ( e ) states that a false, deceptive, and misleading representation, in connection, with the collection of any debt, includes the false representation of the character or legal status of any debt and further makes a threat to take any action that can not legally be taken a deceptive practice.\nPursuant to 15 U.S.C -1692 ( g ) ( 4 ) Validation of Debts, if you have evidence to validate your claim that the attached presentment does not constitute fraudulent misrepresentation and that one owes this alleged debt, this is a demand that, within 30 days, you provide such verification/validation and supporting evidence signed and certified under penalty of perjury to substantiate your claim. Until the requirements of the Fair Debt Collections Practices Act have been complied with and your claim is verified/validated, you have no consent to continue any collection activities. \n\nThis is a constructive notice that, absent the validation of your claim within 30 days, you must cease and desist any, and all collection activity and are prohibited from contacting me through the mail, by telephone, in person, at my home, or at my work. You are further prohibited from contacting any other third party. Each, and every attempted contact, in violation, of this act, will constitute harassment and defamation of character and will subject your agency and/or attorney and any, and all agents in his/her individual capacities, who take part in such harassment, and defamation, to a liability for actual damages, as well as statutory damages of up to {$1000.00} for each and, every violation, and a further liability for legal fees to be paid to any counsel which I may retain. Further, absent such validation of your claim, you are prohibited from filing any notice of lien and /or levy or judgment and are also barred from reporting any derogatory credit information to any credit reporting agency, regarding this disputed purported debt. \nFurther, pursuant to the Fair Debt Collection Practices Act 15 U.S.C 1692 ( g ) ( 8 ),  as you are merely an agency or other governmental unit of the United States, acting on someone elses behalf, this is a demand that you provide the name of the original principal or holder in due course, for whom you are attempting to collect this alleged debt. \nPlease take notice that this legal notice will be forwarded as a criminal investigation of the business practices of the above, named organization or other governmental unit, its agents, officers, employees and attorney to determine violations of the United States criminal laws. Your claims of collection of a purported debt appears to be founded upon a false record in violation of U.S.C Title 18 -2071 and 2073 ( falsifying records ) and further ; uttering and possessing false obligations and counterfeit securities based upon the falsified records in violation of U.S.C Title 18 -471,472,473and or 513, and further using corrupt business practices to make and possess false records and claim if obligation, not substantiated by truthful facts in violation of the Federal Racketeer Influences and Corrupt Organization ( RICO ), U.S.C Title 18 1961 et.seq and further using the U.S. Mail to present such fraud and false instruments amounting to Mail Fraud, criminal conduct falling under Title 18 U.S.C -1341 Frauds and Swindles laws, and further sending mal with false and fictitious names, criminal conduct falling under Title 18 U.S.C -1842 Fictitious Names. IE XXXX XXXX. ALL INFORMATION WILL BE FORWARDED TO THE TEXAS INSPECTOR GENERAL OFFICE AND IRS CRIMINAL DIVISION TO INVESTIGATE AVANTE USATHE BANKING SECRECY ACT AND THE PATRIOT ACT UNDER AS WELL AS ALL MONEY INSTRUMENT TO BE DISCLOSED.\nTAKE NOTICE AVANTE USAfailure in providing respondent with the requisite verification, validating the above referenced alleged debt within the requirements of law as codified in the Fair Debt Collection Practices Act, Fair Credit Reporting Act, Banking Secrecy Act, Patriot Act and the corresponding laws of each state, signifies that Debt Collector tacitly agrees that : A. ) Debt collector has no lawful, bona fide, verified claim, re the listed accounts : # XXXX B. ) Debt Collector waives any, and all claims against respondent C. ) Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs, fees and expenses incurred in defending against this and any, and all continued collection attempts, re the above-referenced alleged accounts.\nD. ) Failure of Debt Collector to properly and legally verify/validate alleged debt as required in this notice us a self-executing irrevocable power of attorney authorizing Respondent/Alleged Debtor named herein to direct the permanent removal, on behalf of the alleged Creditor, of any, and all references to said accounts in any, and all credit reporting agency files of any type. \nThis response will constitute my effort to resolve this on-going debt claim between the parties involved. Until full disclosure on and for the official public record with a signed affidavit attached is achieved, there can be no case, collection or action. No civil or criminal cause of action can arise lest, out of fraud, there be valid, honest contract See XXXX XXXX XXXX 249 P. 2d 257,260 Furthermore Title 12 U.S.C -411 Federal reserve notes, to be issued at the discretion of the Board of Governors of the Federal Reserve System for the purpose, of making advances to Federal reserve banks through the Federal reserve agents as hereinafter set forth and for no other purpose, are authorized. The said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federal reserve banks and for all taxes, customs, and other public dues. They shall be redeemed in lawful money on demand at the Treasury Department of the United States, in the city of XXXX XXXX XXXX XXXX, or at any Federal Reserve bank.","date_sent_to_company":"2017-11-02T05:47:31.000Z","issue":"Written notification about debt","sub_product":"I do not know","zip_code":"752XX","tags":null,"has_narrative":true,"complaint_id":"2718319","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"AVANTE","date_received":"2017-11-02T00:45:44.000Z","state":"TX","company_public_response":null,"sub_issue":"Didn't receive notice of right to dispute"},"highlight":{"complaint_what_happened":["I Requested information from <em>creditor</em> by affidavit ( from a commissioner of the <em>court</em> ) and the company did n't provide any information requested but <em>sent</em> a printed unsigned ledger nor did they remove any debt from my credit report."],"sub_issue":["Didn't receive <em>notice</em> of right to dispute"]},"sort":[10.798417,"2718319"]},{"_index":"complaint-public-v1","_id":"2718293","_score":10.797952,"_source":{"product":"Debt collection","complaint_what_happened":"COMPANY DID NOT RESPOND Company never provided any valid evidence of debt within the 30-day time frame from a dispute filed with the credit bureaus. I Requested information from creditor by affidavit ( from a commissioner of the court ) and the company did n't provide any information requested but sent a printed unsigned ledger nor did they remove any debt from my credit report. Certified Mail # XXXX XXXX ) Please provide proof of notice that was given that was to be submitted Within five days of the collector 's initial communication, it must send you a notice include the amount of the debt, name of the creditor, and notice of your right to dispute the debt within 30 days. [ 15 USC 1692g ] 809 ( a ) A debtor must be allowed to validate the debt that they are being called on. Once a collections agency notifies the individual that they owe a debt, the individual has 30 days to validate or dispute the debt. The collections company is not allowed to continue collections procedures until after the debt is validated or disputed. \n\nNOTICE OF DISPUTE ; DEMAND FOR VALIDATION AND PROOF OF CLAIM To Whom it May Concern This letter is being sent to you in response to a computer generated, unsigned letter received by Claimant from your offices. Be advised that your claim is disputed and validation and proof of claim of the disputed debt is requested in accordance with the Fair Debt Collection Practices Act, 15 USC 1692 and as amended by adding the following new Title 8 USC 802 et seq., and the Fair Credit Billing Act, 15 USC. 1666 et seq. All of which work in conjunction with each other, including the Truth In Lending Act ( TILA ) 15 USC 1601 et seq. It is not now, nor has it ever been, my intention to avoid paying any obligation that is lawfully owed by the Claimant. In order to make arrangements to pay an obligation which may be lawfully owed, please document and verify the debt by complying, in good faith, with this request for validation and return it to me, within thirty ( 30 ) days of receipt of this letter. \n\nThis is NOT a request for verification or proof of Claimant mailing address, but a request for VALIDATION and PROOF OF CLAIM made pursuant to the above-named Titles and Sections. I respectfully request that your offices provide Claimant with competent evidence as per the attached Declaration and Proof of Claim that I have any legal obligation to pay you the unsubstantiated alleged debt. Furthermore, you shall cease all verbal communication. No phone calls to the Claimant.\nAt this time, I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus, such as, XXXX, XXXX and XXXX prior to validation and proof of claim of the disputed debt, this action might constitute fraud under both Federal and State Laws. Due to this fact ; if any negative mark is found on any of Claimant credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character Violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341 ( Mail Fraud ) This debt is considered to be invalid until I receive proper validation and your offices provide Claimant with proof of claim of the disputed debt. Your offices have 30 days to produce the required documentation in accordance with FTC guidelines. During this validation period and proof of claim, if any action is taken which could be considered detrimental to any of Claimant credit reports, said action will be considered a dishonor and cause the self-executing contract portion of this notice to be implemented. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated. \n\nIf your offices fail to respond to this validation and proof of claim request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from Claimant credit file and a copy of such deletion request shall be sent to Claimant immediately.\nTitle 8 USC 809. Validation of debts [ 15 USC 1692g ] ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a )  that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such validation and verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. \nXXXX LAW DICTIONARY : VERIFICATION. Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition.\nVALIDATION. Proving the validity of accuracy of the claim.\nCounter Claim with Self-Executing Contract If Respondent, such as by commission, omission, and otherwise : ( a ) Fails to provide VALIDATION and PROOF OF CLAIM within thirty ( 30 ) days ; ( b ) Makes a false representation of the character of the herein above-referenced alleged debt ; ( c ) Makes a false representation of the legal status of the herein above-referenced alleged debt ; ( d ) Makes any threat of action that can not legally be taken, in violation of any applicable law, such as, the law codified at the Fair Debt Collection Practices Act, will be construed to be Respondents tacit acceptance of the terms and condition stated herein. In which case RESPONDENT agrees to : ( e ) Voluntarily report this account to all credit bureaus as paid as agreed ; and, ( f ) Voluntarily waive all claims against Claimant, their Agent or Heirs with prejudice ; and, ( g ) The matter regarding the alleged debt is finally and totally settled ; and, ( h ) Voluntarily admits the Claimant is the depositor for this account, that Respondent risked none of their assets at any time regarding this account and that they failed to disclose these material facts to Claimant ; and, ( i ) Voluntarily report the date of last activity on this account is the date of this notice. \n\nFurthermore, RESPONDENTS failure to Cease and Desist in accordance with the requirements of the FDCPA and other related law, and/or satisfy the above terms and conditions, constitutes RESPONDENTS Breach of Duty and voluntary agreement to compensate Claimant, by certified mail, with a cashiers check within thirty ( 30 )  days of the date of billing by Claimant, their Agent or Heirs, in the following amounts : I ) XXXX XXXX Dollars ( {$1000.00} ) for each communication made to Claimant or their Agent or Heirs, whether telephonically or in writing, which is not in affidavit form, by a person who has firsthand knowledge, regarding Respondents unsubstantiated claim ; and, II ) XXXX XXXX Dollars ( {$50000.00} ) for each transaction initiated by Claimant where Claimants commercial ability is impeded due to you, your agents or assigns adverse credit reporting ; and, III ) XXXX XXXX Dollars ( {$5000.00} ) for each court appearance Claimant, their Agent or Heirs makes in response to Respondents unsubstantiated claims ; and, IV ) RESPONDENT owes Claimant the balance equal to the purported credit limit on this account, plus interest and fees, for money lent ; and, V ) Three times the alleged claim amount of XXXX XXXX XXXX XXXX XXXX XXXX XXXX dollars ( {$160000.00} ) which equals ( {$490000.00} ) ; and, VI ) XXXX XXXX Dollars ( {$5000.00} ) per occurrence, for listing or reporting any information to a credit reporting repository which could be considered detrimental to Claimants credit history ; and, VII ) Punitive damages in the amount of ( {$270000.00} ) ; and VIII ) Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs ; fees and expenses incurred in defending against this and any and all continued collection attempts ( by anyone ) re the above-referenced alleged account RESPONDENT also agrees to : 1. Voluntarily authorize Claimant to record a UCC-1 on RESPONDENT as debtor to secure the debt owed Claimant ; and, 2. Voluntarily prove their claim as a RESPONDENT in possession of Claimant property in a involuntary bankruptcy proceeding process ; and, 3. Voluntarily compensate Claimant for ALL costs and attorneys/consultant fees ; and, 4. Resolve ALL claims by Claimant, against Respondent, et al, exclusively and finally through binding arbitration, if necessary, to enforce the above terms, conditions, fees, penalties and damages. Arbitration replaces the right to go to court except to confirm an arbitration award. The arbitration organization that is selected will apply its code or procedure in effect at the time the arbitration is filed, subject to this agreement. The arbitration will be conducted before a single arbitrator. The arbitrators authority is limited solely to the Claims between Claimant and Respondent alone. The arbitration will not be consolidated with any other arbitration proceeding. If Claimant prevails in the arbitration of any Claim against Respondent, Respondent will reimburse Claimant for any fees Claimant paid to the arbitration organization in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive any voluntary payment of Claimants claim against Respondent, in full, or any bankruptcy by Respondent. \n\nThis is a private communication and is intended to affect an out-of-court settlement of this matter. Conduct yourself accordingly. Should any provision on this agreement be found to not be enforceable by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become enforceable.\nEquality under the Law is PARAMOUNT and MANDATORY by Law NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL Applicable to all successors and assigns Silence is  Acquiescence/Agreement/Dishonor You are the second party that has written a letter purporting to represent, or have as your client, and the first was not registered as a debt collector in Maine and they have not answered the debt validation request presented to them. This is Notice that I do not recognize the Respondent from which the Claimant has received a computer-generated debt collection attempt, and I must necessarily dispute part, or all, of the alleged debt until the following is received ...\nCREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF CLAIM Please provide all of the following information and submit the appropriate forms and paperwork back to me along with an Affidavit signed In Accordance with 28 U.S.C. 1746 within 30 days from the date of your receipt of this request for validation and proof of claim.\n1. Alleged Name and Address of Creditor 2. Name on File of Alleged Debtor : 3. Alleged Account # : 4. Amount of alleged debt : 5. Date that this alleged debt became/becomes payable : 6. Date of original charge off or delinquency : 7. Amount paid if debt was purchased : 8. Please attach a copy of any signed agreement alleged debtor/claimant has made with debt collector, or other verifiable proof that debtor/claimant has a contractual obligation to pay debt collector.\n9. Furnish a copy of the original promissory note/agreement redacting my social security number to prevent identity theft and state that your client named above is the holder in due course of the note agreement and will produce the original for my own and a judges inspection should there be a trial to contest these matters.\n10. Produce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. Such as ; FR 2046 balance sheet ( OMB # s 2046, 2049, 2099 ), 1099 OID report, S-3/A registration statement, 424-B5 prospectus, RC-S & RC-B call schedules 11. Identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt.\n12. Verified specifically, name ( s ) of person ( s ) assigned as Trustee to handle Corporations affairs and to be held accountable for the actions of the Corporation. Such as CFO and subordinates responsible for debt  collections. \n13. Verify as a third-party debt collector, you have not purchased evidence of the alleged debt and are proceeding with collection activity in the name of the original maker of the note.\n14. Verify you know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity.\n15. Provide verification from the stated creditor that you are authorized to act for them.\n16. Verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing, which you know is false with the intention that others rely on the written communication to their detriment a violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341.\nNOTICE OF CLAIM DISPUTE NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT APPLICABLE TO ALL SUCCESSORS AND ASIGNS **********************SILENCE IS ACQUIESENCE*********************** NOTICE AND DEMAND TO CEASE AND DESIST COLLECTION ACTIVITIES PRIOR TO VALIDATION OF PURPORTED DEBT Pursuant to the truth in lending laws of the United States Code , Title 15 1601 et. Seq. and the Fair Debt Collection Practices Act laws of the United States Code 1692 et. seq This notice constitutes a timely written response to your Fair Debt Collection Practices Act notice that you are attempting to collect an alleged debt and is not a dishonor of your alleged claim of debt.\nThis notice is my, required by law, demand to cease and desist collection activities prior to validation of purported debt and you must validate the enclosed claim of an alleged debt. You must provide verification that an actual debt really exists by producing the following : 1. The name and address of the organization or other governmental unit alleging a debt ; 2. The name and address of the person or persons in that organization or other governmental unit alleging a claim of debt ; 3. The name of the actual creditor even if that is myself ; 4. The origin of the funds used to create this alleged claim of debt 5. The actual records of the organization or other governmental unit showing the time and place of the deposit and distribution of the funds used to create this alleged claim of debt.\n6. The actual records of the organization or other governmental unit showing that an actual loan was made from the organization or other governmental units own funds that resulted in the enclosed alleged claim of a debt.\n7. The actual records of the organization or other governmental unit with a live signature on any and, all document/instrument ( s ) used to allege the existence of a real loan of funds or debt from the organization or other governmental unit to myself or anyone else by similar name.\n8. Be advised that verification is defined ( Blacks Law Dictionary, 6th Edition ) as follows : Confirmation of correctness, truth, or authenticity, by affidavit, oath or deposition. Affidavit of truth of matter stated and object of verification is to assure good faith in averments or statements of party.\n9. The actual records of the organization or other governmental unit showing that an honest disclosure of facts relating to the alleged loan was made by the organization or other governmental unit in compliance with the truth in lending laws of the United States Code, Title 15 -1601 et. seq and Regulation Z.\n10. The actual records of the organization or other governmental unit showing that any, and all documents /instrument ( s ) containing my signature or likeness of my signature were not negotiated or pledged by the organization or other governmental unit against my credit to create the funds used for the appearance of a debt and resulting in this alleged claim of debt.\n11. The person that prepares and swears to the validation of debt must describe:1 ) your job description on a daily basis ; 2 ) if you are the regular keeper of those books and records and are familiar with how they are kept and their contents ; 3 ) How long have you been in your position ; 4 ) When did you first come in contact with the alleged account/debt ; 5 ) How frequently do you work with the files and information they are presenting to verify/validate the alleged debt ; and 7 ) Do you have personal knowledge about the alleged debt and/or any alleged account.\n15 U.S.C -1692 ( e ) states that a false, deceptive, and misleading representation, in connection, with the collection of any debt, includes the false representation of the character or legal status of any debt and further makes a threat to take any action that can not legally be taken a deceptive practice.\nPursuant to 15 U.S.C -1692 ( g ) ( 4 ) Validation of Debts, if you have evidence to validate your claim that the attached presentment does not constitute fraudulent misrepresentation and that one owes this alleged debt, this is a demand that, within 30 days, you provide such verification/validation and supporting evidence signed and certified under penalty of perjury to substantiate your claim. Until the requirements of the Fair Debt Collections Practices Act have been complied with and your claim is verified/validated, you have no consent to continue any collection activities.\nThis is a constructive notice that, absent the validation of your claim within 30 days, you must cease and desist any, and all collection activity and are prohibited from contacting me through the mail, by telephone, in person, at my home, or at my work. You are further prohibited from contacting any other third party. Each, and every attempted contact, in violation, of this act, will constitute harassment and defamation of character and will subject your agency and/or attorney and any, and all agents in his/her individual capacities, who take part in such harassment, and defamation, to a liability for actual damages, as well as statutory damages of up to {$1000.00} for each and, every violation, and a further liability for legal fees to be paid to any counsel which I may retain. Further, absent such validation of your claim, you are prohibited from filing any notice of lien and /or levy or judgment and are also barred from reporting any derogatory credit information to any credit reporting agency, regarding this disputed purported debt.\nFurther, pursuant to the Fair Debt Collection Practices Act 15 U.S.C 1692 ( g ) ( 8 ), as you are merely an agency or other governmental unit of the United States, acting on someone elses behalf, this is a demand that you provide the name of the original principal or holder in due course, for whom you are attempting to collect this alleged debt.\nPlease take notice that this legal notice will be forwarded as a criminal investigation of the business practices of the above, named organization or other governmental unit, its agents, officers, employees and attorney to determine violations of the United States criminal laws. Your claims of collection of a purported debt appears to be founded upon a false record in violation of U.S.C Title 18 -2071 and 2073 ( falsifying records ) and further ; uttering and possessing false obligations and counterfeit securities based upon the falsified records in violation of U.S.C Title 18 -471,472,473and or 513, and further using corrupt business practices to make and possess false records and claim if obligation, not substantiated by truthful facts in violation of the Federal Racketeer Influences and Corrupt Organization ( RICO ), U.S.C Title 18 1961 et.seq and further using the U.S. Mail to present such fraud and false instruments amounting to Mail Fraud, criminal conduct falling under Title 18 U.S.C -1341 Frauds and Swindles laws, and further sending mal with false and fictitious names, criminal conduct falling under Title 18 U.S.C -1842 Fictitious Names. IXXXX XXXX XXXX. ALL INFORMATION WILL BE FORWARDED TO THE TEXAS INSPECTOR GENERAL OFFICE AND IRS CRIMINAL DIVISION TO INVESTIGATE CREDIT SYSTEMS INTL THE BANKING SECRECY ACT AND THE PATRIOT ACT UNDER AS WELL AS ALL MONEY INSTRUMENT TO BE DISCLOSED.\nTAKE NOTICE CREDIT SYSTEMS INTL failure in providing respondent with the requisite verification, validating the above referenced alleged debt within the requirements of law as codified in the Fair Debt Collection Practices Act, Fair Credit Reporting Act, Banking Secrecy Act, Patriot Act and the corresponding laws of each state, signifies that Debt Collector tacitly agrees that : A. ) Debt collector has no lawful, bona fide, verified claim, re the listed accounts : # XXXX XXXX. ) Debt Collector waives any, and all claims against respondent C. ) Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs, fees and expenses incurred in defending against this and any, and all continued collection attempts, re the above-referenced alleged accounts.\nD. ) Failure of Debt Collector to properly and legally verify/validate alleged debt as required in this notice us a self-executing irrevocable power of attorney authorizing Respondent/Alleged Debtor named herein to direct the permanent removal, on behalf of the alleged Creditor, of any, and all references to said accounts in any, and all credit reporting agency files of any type.\nThis response will constitute my effort to resolve this on-going debt claim between the parties involved. Until full disclosure on and for the official public record with a signed affidavit attached is achieved, there can be no case, collection or action. No civil or criminal cause of action can arise lest, out of fraud, there be valid, honest contract See XXXX XXXX XXXX  249 P. 2d 257,260 Furthermore Title 12 U.S.C -411 Federal reserve notes, to be issued at the discretion of the Board of Governors of the Federal Reserve System for the purpose, of making advances to Federal reserve banks through the Federal reserve agents as hereinafter set forth and for no other purpose, are authorized. The said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federal reserve banks and for all taxes, customs, and other public dues. They shall be redeemed in lawful money on demand at the Treasury Department of the United States, in the city of Washington, District of Columbia, or at any Federal Reserve bank.","date_sent_to_company":"2017-11-02T04:29:06.000Z","issue":"Attempts to collect debt not owed","sub_product":"I do not know","zip_code":"752XX","tags":null,"has_narrative":true,"complaint_id":"2718293","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Credit Systems International, Inc.","date_received":"2017-11-02T00:13:31.000Z","state":"TX","company_public_response":null,"sub_issue":"Debt is not yours"},"highlight":{"complaint_what_happened":["I Requested information from <em>creditor</em> by affidavit ( from a commissioner of the <em>court</em> ) and the company did n't provide any information requested but <em>sent</em> a printed unsigned ledger nor did they remove any debt from my credit report."]},"sort":[10.797952,"2718293"]},{"_index":"complaint-public-v1","_id":"2475443","_score":10.781347,"_source":{"product":"Debt collection","complaint_what_happened":"The Plaintiff ( Accounts Receivable Services, LLC ) is Suing Me for a debt I do not owe ( Case #  XXXX  ). The  Court  is   XXXX    County Co  urt Hou se  (  MN ). Part of my answer is below : ANSWER My name is  XXXX   XXXX   XXXX  ( The named Defendant, or Defendant ) and I had elected to Defend Myself in this Case. Through interaction with the Plaintiff ( And receipt of additional information, thereof ) ; I am adding further Affirmative Defenses ( AD, or ADs ) and Counter Claims ( As they become known ). It should be stated that the Defendant maintains all items in his in itial Answer ( A nd the below is nothing more than a continuation, thereo f ). Si milarly, the ADs ( Listed Below ) will begin with the numbe  r   XXXX   to correspond, with the Initial Answer.\nAFFIRMATIVE DEFENSES 5 ) The   Plaintiff is in Violation of Minn. Stat.  548.101 : Per th e Attorney Generals Office : A Minnesota law,  Minn. Stat. 548.101,  applies to cases filed by Debt Buyers seeking default judgments against Minnesota citizens in district court or conciliation court for claims upon an assigned obligation arising out of any consumer debt that is primarily for personal, family, or household purposes and in default at the time of assignment. The law requires that Debt Buyers provide certain basic admissible evidence to district courts and conciliation courts with any request for default judgment, including admissible evidenc e ( 1 ) That the amount claimed to be owed is accurate, ( 2 ) Of the contractual terms they seek to enforce to show that the person su ed actually owes the debt,  ( 3 ) Of  a valid and complete chain of assignment of the debt from the original creditor to the debt buyer seeking the default judgment, with documentation evidencing that the particular debt at issue was included in the assignment or assignments Based on information provided by the  XXXX   County Court H ouse the Plaintiff had failed to provide the above stated information, and, thus ( The Defendant believes ) that the Plaintiff Is in violation  of Minn. Stat. 548.101.       6 )  The Plaintiff Failed to Properly Serve Their Summons & Complaint ( As Prescribed by the Minnesota Attorney Generals Office ). Service of process is necessary for many reasons, but the primary reason is to make sure that the due process of law is upheld in United States. If papers are n't served properly, the court is not able to rule on a case relating to an individual ( If they were not legally made aware of  it ). An other reason service of process is important is because being properly served gives legal proof a defendant ( Or the right pers on ) re ceived the notice for which they are being sued ( Which didnt occur in this situation ). The Minnesot a State Attorney Generals Office o utlines the above stated process, as follows : To start a lawsuit, a person ( Or company ) must serve a Summons and Complaint on a debtor either : ( a ) By delivering to them personally or leaving it at their home ; or ( b ) By mail, if the debtor agrees ( In writing ) to accept service of the Summons and Complaint by mail and sign a form that so indicates. Accounts Receivable Services,  LLC  sent a copy of the Defendants Summands and Complaint via regular mail in a plain white envelope ; Additionally, no agreement in writing to accept Service of the Summands and Complaint by mail ( and no signed form that so indicates ) were ever executed.      7 )  There Are Now Federal Laws Debt Buyers Are Subject to : As much as the law affords the legitimate Debt Buyer to legally purchase debt for pennies on the dollar ( And then legally serve process and sue Consumers for the full value, thereof ) : There are now Federal Regulations that Govern the way these debts can be Collected. Today, the Dodd-Fran k Wall Street Refor m and Consumer Protection Act is in play ; Which prohibits Unfair, Deceptive, or Abusive Acts or Practices ( collectively, UDAAPs ). The Governing Body that oversees Dodd-Frank is the Consumer Financial Protection Bure au ( CFPB, or Bureau ) and its enforcement jurisdiction includes all U.S. Lenders,  Debt Buyers, Service Providers and any other entity that is involved in the Consumer Collection Process ( On any Consumer Service, or Product. ). Also, all financial institutions that are regulated under the Dodd-Frank Act ( That Collect Consumer Debts ), whether as original creditors or as legally-defined debt  collectors, a re now subject to the requirements of former Federal Debt Collection Law. In effect the CFPB eradicated decades of Fair Debt Collection Practices Act ( FDCPA ) precedent, which unambiguously holds that original creditors ( And Debt Buyers ) are not Debt  Collectors and,  thus, are not subject to Federal Regulation under the FDCPA. The CFPB has taken the position that its general authority to prevent unfair, deceptive or abusive acts or practices ( UDAAPs ) applies to Consumer Debt Collection, and that the type of conduct barred under UDAAP is analogous to conduct subject to enforcement under the FDCPA. Being that UDAAP falls under the jurisdiction ( And enforced by ) the CFPB, it is the Defendants intent to file a ( rather lengthy ) complaint with them ( The CFPB ), directly. Not so much for Defense of his Case, but the Defense of others wh o may ha ve been treated Unfairly, or Deceptively ( In similar fashion ) by the Plaintiff. Similarly, the Minnesota Attorney  Generals   Office wi ll be contacted, for the same reasons. It is the also the Defendants intent to further demonstrate ( To this Court ) how the Plaintiffs Claim is ( And should continue to be ) unsubstantiated ; Why the Defendant believes that a Judgment should not be granted in favor of the Plaintiff ; And why the Defendants Counter Claim, for Damages ( Stated below ), should be imposed on the Plaintiff for being Unfair, Deceptive, Illegal and Harassing In their entire dealings with the Defendant [ While ( And after ) ] they filed the above stated Statement of Claim.      8 ) Ac counts Receivable Services, LLC ( Plaintiff ), Harassed the Defendant with an Unsubstantiated Court Filing : Accounts Receivable Ser vices, LLC ( The Plaintiff ) is acting as the Debt Buyer for the above stated, alleged, deb t. At the time the Plaintiff filed their suit they failed to provide certain basic admissible evidence to the  XXXX   County Court Hous e including admissible evidenc e ( 1 ) That the amount claimed to be owed is accurate, ( 2 ) Of the contractual terms they seek to enforce to show that the defendant owes the debt, ( 3 ) Of a valid and complete chain of assignment of the debt from th e original creditor to the debt buyer seeking the default judgment, with documentation evidencing that the particular debt at issue was included in the assignment or assignments. The Defendant Answered the above Complaint in a timely fashion and proceeded to send ( via Certified Mail ) a Request for the Production of Documents ( And provided a copy for the Court ). The only response received ( From the Plaintiff ) were    XXXX     documents ( Attached to an undated Cover Letter ) requesting the Defendant to Contact them for resolution ( Gong forward, these documents will be referred to as t  he above stated   XXXX   ). The above stated  XXXX  looked much like statements of alleg ed procedures that were conducted at  XXXX   XXXX   XXXX . However, the sum total of all  XXXX  documents exceeded the Plaintiffs total claim ( Collection Fees, Interest and Court Costs Included ). On   XXXX   XXXX   XXXX  t he  Defendant  proceeded to reach out to the Plaintiff by phone : The Plaintiff did not have an answer for the discrepancy, but stated that the  XXXX  documents represent the same debt that they were suing him for. Failure for the Plaintiff to provide admissible evidence ( Up front ) leaves the Plaintiff all kinds of flexibility to change, alter, manufacture, or misrepresent evidence ( Such as the above state d  XXXX  )  ; That would best serve their purposes while a suit progresses ( On the basis that there is, really, no documented evidence to refer back to when the case was filed ). Being the total value of the above stated    XXXX   exce eds the value of their Claimed amount ( After Collection,  Interest   & Court Costs  ), the Plaintiff has failed to substantiate the Claimed Amount they seek ; Additionally, it would be difficult ( if not impossible ) for the Plaintiff to prove otherwise. Lastly, any additional correspondence ( Or information ) would be extremely difficult for the Defendant to view, as  Accu  rate & True.      9 ) The Plaintiff Deceived the Defendant by Pursuing their ( The Plaintiffs ) Claim Under More Than  XXXX  (  XXXX  ) Name. The attached Summons and Complaint Names Accounts Receivable Services,  LLC  as the Plaintiff. However all phone contact numbers ( Provided by said Plaintiff ) go to Reliance Recoveries ( The Plaintiffs Assumed Name ). Additionally, the only correspondence received  ( The a bove stated  XXXX  ) came from Reliance Recoveries. The  Defendant  almost did not open the above stated  XXXX  based on the different company name  ( In  the return address portion of the envelope ). The only time Accounts Receivable Service s, LLC has been  referenced was on the Statement of  Claim. Such an approach can deceive a Debtor (  Or Defendant ) in a number of ways : 1 ) Th e Debtor/Defendant could believe that he/she is being pursued by more  than one pa rty for the same debt. . 2 )  Could deceive the Defendant to mistakenly discard correspondence that is sent to them from the Plaintiffs Assumed Nam e. 3  ) Could refuse calls from anyone who states they are calling from said assumed name, etc,. The Defendant, therefore, believes that the Plaintiffs pursuit ( As stated above ) is Deceptive.      10 ) The Plaintiff may have R elied on Misleading, Robo-Signed ( Or Mass Produced ) Court Filings to Churn out Lawsuits : Many Debt Buyers prefer to mass-produc e ( Ch urn ) lawsuits by using an automated claim-preparation system and have a non-attorney support staff to determine which consumers to sue. Or ( If there are attorneys involved in the decision making proces s ),  they would spend less than a few minutes, sometimes less than 30 seconds, reviewing each case before initiating a lawsuit. These types of processes can allow Debt Buyers to generate and file hundre ds ( if not thousands ) of lawsu its ( In a very short period of time ). The resulting Statement of Claims could be false, inaccurate and, or, unsubstantiated ( And result in a wrongful Judgment ). In most churning events, admissible evidence is not ever provided to the Courts ( Or Defendants ) ; Or it is delayed till such time that is most advantageous to the Plaintiff. Evidence that multiple Summons and Complaints have been Churned ( If a grou p of 100s if not   1000s of Com plaints were reviewed, at the same time ) could be reflected as follows : All Summons & Complaints were Notarized and Filed ( By the same p erson ( s )   /On the same day ) with the same ( Or various other ) Courts. Debt Buyers hope Defendants dont Answer these Complaints ( Or appear in Court ) so that they ( Debt Buyers ) can receive an automatic judgment in their favor. If the above stated processes are in any way reflective to the way the Plaintiff handled this case, they ( The Plaintiff ) would be in violation of Dodd-Frank  Wall S  treet Refo rm and Consumer Protection Act which prohibits unfair and deceptive acts or practices in the Consumer Financial Marketplace. It is the Defendants contention that his Statement of  Claim was  churned with others and that the Plaintiff relied on false or inaccurate data to create, thereof. The primary reasons for his contention is as follows :  1 ) Sig nificant inaccuracies associated with the above stated  XXXX  & the Claimed Amount ;  2 )   The Plaintiffs a ) Failure to Produce substantiating evidence at the time they filed their Statement of Claim ; b ) The  Plaintiffs  failure to produce substantiating evidence after their Statement of Claim had been Answered and c ) after a call ( From the Defendant ) requesting thereof ( On  XXXXX XXXXXXXXXXXXXXXXX/XX/XXXXX/span>  ) ;  3 )  The Plaintiff stating ( On said call ) that All their Statement of Claims contain the same verbiage ( So that they automatically include other Defendants they werent aware of ) And that they didnt provide admissible evidence ( Or supporting documentation ) to the Court, upfront ( When they filed their suit ) . 4 ) Th at they dont serv e Consumers ( As prescribed by the Attorney Generals Office ) on any account that is less than {$2500.00}.     11 ) The  Plaintiff Engaged in Unfair Litigation Processes while Serving Process. As stated earlier, the  Plaintiff s erved the Defendant by delivering  a Summons & Compl  aint ( Vi  a r egular mail ) in a plain white envelope ( The plain white envelope method ). In many cases, the Defendant could have ( Very easily  )  discarded that envelope and have no knowledge tha t a Cour  t Date had  been set. In this instance the Plaintiff, would, likely obtain a Judgment ( In their favor ) without any opportunity for the Defendant to A ) Settle the debt outside of Court ( If it was valid ) ; B ) Answer said Complaint or C ) Show up in Court, or D ) Defend himself, in general. The plain white envelope method could, therefore pla ce a Consumer at a dire ly unfair advantage during the litigation process. Especially when the consequences of said Judgments are so severe : All on the basis of the  Defendant ( W ho had not been improperly served ) failing to open a plain white envelope.      12 ) The  Plaintiff Engaged in Unfair Litigation Processes by Not Providing Admissible Evidence that the Amount Claimed to be Owed is Accurate : The only admissible evidence provided to validate the amount owed ( The Above Stated  XXXX  ) : Said evide nce 1 ) Was not provided to the Court at the time this case was filed ; 2 ) Was provided to the Defendant ( Only ) ; After he had answered their Complaint ; 3 ) Significantly conflict with the amount of the Plaintiffs Claimed Amoun t. Because the above information was not provided up-front [ And the values ( Of the above stated  XXXX  and the Claimed amount ) do not match ], it would be impossible to prove whether ( or not ) the above stated  XXXX  would be a valid representation of the Debt in question. This places the Defendant in an Unfair position during the litigation process. Conflicting values are also Deceptive.      13 )   The Plaintiff Failed to Provide the 1 )  Contractual Terms they Seek to Enforce to Show that the Defendant Actually Owes the Debt, a nd ( 2 ) of a Valid and Complete Chain of Assignment of the Debt from the Orig inal Creditor to the Debt Buyer Seeking The Default Judgment, With Documentation Evidencing that the Particular Debt at Issue was Included in the Assignment or Assignments ( Which is Deceptive and, Also Places the Defendant in an Unfair Position in the Litigation Process ) : The Plaintiff had failed to provide the above stated at the time they filed their Suit. They also failed to produce, thereof : After they have received the Defendants Answer ; After the Defendant Submitted a Request for the Production of Documents ; And after the Defendant had contacted the Plaintiff ( Via a phone call on   XXXX   ). The only indication that said information would be provided was when they told the Defendant ( On a  XXXXX XXXXXXXXXXXXXXXXX/XX/XXXXX/span>  ) that it can be viewed when they see him in  Court! T he Defendant, therefore, had no opportunity to resolve the alleged debt ( Between claim filing & court date ) unless he chose to pay the Plaintiffs unsubstantiated debt, upfront. Also, the production, thereof, (  At Court Date ) leaves in sufficient time for the Defendant to validate and make an informed decision on how to resolve thereof. If ( for any reason ) a Judgment was rendered in favor of the Plaintiff ( Based on a last minute production, thereof ) ; A Judgment would be rendered, in part, because sufficient time to make an informed decision was never provided the Defendant : The Defendant is, therefore, being unfairly pursued. If Judgment was rendered in favor of the Defendant ( Based, in part, on the last minute production, th ereof ) t han the Defendants trust in th e Financial System c ould still be negatively impacted, regardless.      14 ) The Defendant Deceptively ( & I llegally ) Communicated and Pursued a Third Party for A Debt :  XXXX   XXXX  ( the Defendants Wife ) had a discharged Chapter  XXXX  Bankruptcy in Early   XXXX   ( Case #  XXXX  ) ; The Plaintiff is Claiming for Services provided by  XXXX  On various dates between  XX/XX/XXXX  and  XX/XX/XXXX  ; Also ( By the time  XXXX   Discharged  her Bankruptcy  )   XXXX  & the Defendant were divorced, ( For approximate ly 5     months ). In addition, they were not residing with  XXXX  and another. They proceeded to  Re-Mary ( A pproximately )  XXXX  months after  Discharge Date. Thus, (  Per Minnesota Statutes section  XXXX  ) : The named Defendant would be responsible for ALL Marital Medical Debt up to the date of Divorce ; Then responsible for his own Medical Debt ( During the period he was Divorced ) ; And then responsible for all the Marital Medical Debt from the date he Re-Married. Whereas,  XXXX  would be responsible for her, specific, Medical Debt from the Discharge Date to the date she Re-Married ; And, then, responsible for all Marital Debt thereafter ( The Divorce Papers and Marriage License are filed at the  XXXX   County Court House ).   Bei ng that all debts that the Plaintiff is pursuing are relate d to medical services to   Defendants on various dates between  XX/XX/XXXX  &  XX/XX/XXXX  ( Paragraph  XXXX  of the attached  Summons & Complaint ) i t would be safe to assume that at least part ( If not all ) of the debts the Plaintiff was pursuing was not owed by  XXXX   XXXX . Yet, the Plaintiff still sites Minnesota Statutes section  XXXX  and utilizes the words spouses, together, defendants & jointly  (  On  10 sep arate occasions ) ; Throughout the entire body of their Complaint. Additionally, the Summons & Complaint was improperly mailed in a plain white envelope to the named  Defendants House [ And opened by his wife (   XXXX   XXXX   XXXX   ) ],   which lead her to believe that she was somehow responsible. By virtue of the language stated in the Summons & Complaint and the method by which the Summons was delivered ( And opened   ), it is the Defendants contention that the Plaintiff, both : Pursued & Communicated ( With a third party ) about a Consumer Debt which is Illegal and Deceptive.\n15 ) Th  e Plaintiff is Not Bound by the FDCPA. However, is Still Required to Legally Collect Consumer Debt : Prior to the Dodd-F rank Wall Street Reform and Consume r Protection Act ( In  XXXX  ) ; Debt Buyers ( Considered to be Debt Owners ) were not subject to many laws associated with the Collection of Consumer Debts ; Thus were afforded all kinds of flexibility in how they could engage in the Collections, th ereof. Third Party Collect  ors  ( Collection Agencies ), however were not so lucky : In   XXXX   the Fair Debt Collections Practices Act ( FDCPA ) was enacted ( In response to prior abusive and unfair Debt Collection practices they had exhibited ) [ It is the Defendants belief that the reason that Debt Buyers were not subject to this law ( Early on ) is that they did not exist until   XXXX    (  And did not become prevalent until   XXXX   ). Unfortunately, Debt Buyers were never subject, thereof, ever since ( For unknown reasons )  ]. Collection Agencies could violate the F  DCPA under the most minor of circumstances. For Example : ( 1 ) Calling before, or after a specific hour, 2 ) Calling someone at work. 3 ) Failure to state that This is an attempt to collect a debt by a debt collector ( When contacting the Consumer ). 4 ) Communicating a Debt to a party that does not owe the debt. 5 ) Timely posting of payments. 6 ) The requirement to send validation letters. 7 ) Misrepresenting what will happen if the Consumer does not pay their debt. 8 ) What is ( and isnt ) stated in a phone conversation ( with a Consumer Debtor ) 9 ) The type of correspondence that is, etc,. ) ; All violations, thereof, could be punishable up to {$1000.00}, each. Similarly ( Prior to   XXXX   ), the Debt  Buyer could engage in all sorts of Abusive and Unfair ( Consumer ) Debt Collection Practices ( And violate all of the above listed ) and walk away Scott-Free. Since The Dodd-Frank  Wall Street Refo rm and Consumer Protection Act ( Of   XXXX   ) ; The CFPB had imposed some very hefty monetary penalties to Debt Buyers for violation of UDAAPs ; As defined abov e ( Suppo rting information can be provided to the Court at their request ). Defined fine amounts ( Per UDAAP violation ) have not been established ; However the Dodd-Fran k Wall Street Reform and Consumer Protection Act is every bit as much of a Federal Mandate as the Fair Debt Collections Practices Act ( And was signed into law for the very same reasons ) : Thus, the Dodd-Frank Wall Street Re form and Consumer Protection Act, should be similarly punishable ( If violated ). Also if any Debt Buyer is successful by engaging in Unfair, Deceptive, Illegal or Abusive Consumer Collection Practices ( And are not reasonably punished ) they ( The Debt B  uyers ) will continue to do so, going forward.\nCounter   Claim Request  1 ) It i s the Defendants Position that  XXXX  ( Of the last  XXXX  Affirmative Defenses ), contain at least  XXXX  (  XXXX  ) UDAAP violation [ ( Some  XXXX  (  XXXX  ), or  XXXX  (  XXXX  ) ] ; or a violation of a State Law. Additionally, the  Defendant  spent a minimum o f 20  hours working this case. Being that the Defendant lives a significant distance from the closest Post Office, more than reasonable fuel Costs were encountered when sending out his correspondence ( Via Certified Mail ). The Defendant paid Court Costs and Postage to Defend himself & went through significant emotional distress ( Due to the Plaintiffs lack of cooperation ). Lastly, the Defendant did more then his fair share in his attempt to get this matter resolved outside of  Court. If the Court agrees to the above assessment ; The Defendant Counters the Plaintiffs Claim in the amount of {$12000.00} ( After the Cost of the Plaintiffs Claim Amount. ) ; Which would, roughly, translate into {$1000.00} per UDAAP violation, time spent on an   unsubstantiated case, court, fuel and postage costs & pain and suffering.     The Defendant Further States that other defenses and counterclaims   may exist and will be added as they become known.\nWHEREFORE, Defendant requests that this Court : 1. Enter Judgement for the Defendant, 2. In the alternative, find that Defendants counterclaims outweigh and debt the Defendant  owes the Plaintiff, 3. Order Such relief as the Court   deems just and proper.       Respectfully submitted","date_sent_to_company":"2017-05-04T13:11:56.000Z","issue":"False statements or representation","sub_product":"Medical debt","zip_code":"553XX","tags":null,"has_narrative":true,"complaint_id":"2475443","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Accounts Receivable Services","date_received":"2017-05-04T12:58:53.000Z","state":"MN","company_public_response":null,"sub_issue":"Attempted to collect wrong amount"},"highlight":{"complaint_what_happened":["dates between  XX/XX/XXXX  and  XX/XX/XXXX  ; Also ( By the time  XXXX   Discharged  her <em>Bankruptcy</em>  )   XXXX  & the Defendant were divorced, ( For approximate ly 5     months )."]},"sort":[10.781347,"2475443"]},{"_index":"complaint-public-v1","_id":"3551797","_score":10.7315,"_source":{"product":"Debt collection","complaint_what_happened":"Sarma Collections Incorporated never provided any valid evidence of debt within the 30-day time frame from a dispute filed from the alleged debtor. I requested information from the creditor by affidavit ( from a commissioner of the court ) and the company didn't provide any information requested but a printed bill ( with the missing government state identification that must be used to verify debtor ) nor did they remove any debt from my credit report. I have already informed this company that I do not want to contract with their company, not do I have a law and binding contract with their company.\n\nALSO 1 ) Please provide proof of notice that was given that was to be submitted Within five days of the collector 's initial communication, it must send you a notice include the amount of the debt, name of the creditor, and notice of your right to dispute the debt within 30 days. [ 15 USC 1692g ] 809 ( a ) A debtor must be allowed to validate the debt that they are being called on. Once a collections agency notifies the individual that they owe a debt, the individual has 30 days to validate or dispute the debt. The collections company is not allowed to continue collections procedures until after the debt is validated or disputed.\n\n1. Please attach a copy of any signed agreement alleged debtor/claimant has made with debt collector, or other verifiable proof that debtor/claimant has a contractual obligation between the debtor and Sarma Collections Incorporated to pay debt collector which will give your company jurisdiction to report this debt on my credit.\n\nNOTICE OF DISPUTE ; DEMAND FOR VALIDATION AND PROOF OF CLAIM To Whom It May Concern This letter is being sent to you in response to a computer generated, unsigned letter received by Claimant from your offices. Be advised that your claim is disputed and validation and proof of claim of the disputed debt is requested in accordance with the Fair Debt Collection Practices Act, 15 USC 1692 and as amended by adding the following new Title 8 USC 802 et seq., and the Fair Credit Billing Act, 15 USC. 1666 et seq. All of which work in conjunction with each other, including the Truth In Lending Act ( TILA ) 15 USC 1601 et seq. It is not now, nor has it ever been, my intention to avoid paying any obligation that is lawfully owed by the Claimant. In order to make arrangements to pay an obligation which may be lawfully owed, please document and verify the debt by complying, in good faith, with this request for validation and return it to me, within thirty ( 30 ) days of receipt of this letter.\n\nThis is NOT a request for verification or proof of Claimant mailing address, but a request for VALIDATION and PROOF OF CLAIM made pursuant to the above-named Titles and Sections. I respectfully request that your offices provide Claimant with competent evidence as per the attached Declaration and Proof of Claim that I have any legal obligation to pay you the unsubstantiated alleged debt. Furthermore, you shall cease all verbal communication. No phone calls to the Claimant.\n\nAt this time, I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus, such as, XXXX, XXXX and XXXX prior to validation and proof of claim of the disputed debt, this action might constitute fraud under both Federal and State Laws. Due to this fact ; if any negative mark is found on any of Claimant credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character Violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341 ( Mail Fraud ) This debt is considered to be invalid until I receive proper validation and your offices provide Claimant with proof of claim of the disputed debt. Your offices have 30 days to produce the required documentation in accordance with FTC guidelines. During this validation period and proof of claim, if any action is taken which could be considered detrimental to any of Claimant credit reports, said action will be considered a dishonor and cause the self-executing contract portion of this notice to be implemented. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated.\n\nIf your offices fail to respond to this validation and proof of claim request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from Claimant credit file and a copy of such deletion request shall be sent to Claimant immediately.\n\nTitle 8 USC 809. Validation of debts [ 15 USC 1692g ] ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such validation and verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.\n\nBLACKS LAW DICTIONARY : VERIFICATION. Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition.\n\nVALIDATION. Proving the validity of accuracy of the claim.\n\nCounter Claim with Self-Executing Contract If Respondent, such as by commission, omission, and otherwise : ( a ) Fails to provide VALIDATION and PROOF OF CLAIM within thirty ( 30 ) days ; ( b ) Makes a false representation of the character of the herein above-referenced alleged debt ; ( c ) Makes a false representation of the legal status of the herein above-referenced alleged debt ; ( d ) Makes any threat of action that can not legally be taken, in violation of any applicable law, such as, the law codified at the Fair Debt Collection Practices Act, will be construed to be Respondents tacit acceptance of the terms and condition stated herein. In which case RESPONDENT agrees to : ( e ) Voluntarily report this account to all credit bureaus as paid as agreed ; and, ( f ) Voluntarily waive all claims against Claimant, their Agent or Heirs with prejudice ; and, ( g ) The matter regarding the alleged debt is finally and totally settled ; and, ( h ) Voluntarily admits the Claimant is the depositor for this account, that Respondent risked none of their assets at any time regarding this account and that they failed to disclose these material facts to Claimant ; and, ( i ) Voluntarily report the date of last activity on this account is the date of this notice.\n\nFurthermore, RESPONDENTS failure to Cease and Desist in accordance with the requirements of the FDCPA and other related law, and/or satisfy the above terms and conditions, constitutes RESPONDENTS Breach of Duty and voluntary agreement to compensate Claimant, by certified mail, with a cashiers check within thirty ( 30 ) days of the date of billing by Claimant, their Agent or Heirs, in the following amounts : I ) One Thousand Dollars ( {$1000.00} ) for each communication made to Claimant or their Agent or Heirs, whether telephonically or in writing, which is not in affidavit form, by a person who has firsthand knowledge, regarding Respondents unsubstantiated claim ; and, II ) XXXX XXXX XXXX ( {$50000.00} ) for each transaction initiated by Claimant where Claimants commercial ability is impeded due to you, your agents or assigns adverse credit reporting ; and, III ) XXXX XXXX XXXX ( {$5000.00} ) for each court appearance Claimant, their Agent or Heirs makes in response to Respondents unsubstantiated claims ; and, IV ) RESPONDENT owes Claimant the balance equal to the purported credit limit on this account, plus interest and fees, for money lent ; and, V ) Three times the alleged claim amount of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( {$160000.00} ) which equals ( {$490000.00} ) ; and, VI ) XXXX XXXX XXXX ( {$5000.00} ) per occurrence, for listing or reporting any information to a credit reporting repository which could be considered detrimental to Claimants credit history ; and, VII ) Punitive damages in the amount of ( {$270000.00} ) ; and VIII ) Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs ; fees and expenses incurred in defending against this and any and all continued collection attempts ( by anyone ) re the above-referenced alleged account RESPONDENT also agrees to : 1. Voluntarily authorize Claimant to record a UCC-1 on RESPONDENT as debtor to secure the debt owed Claimant ; and, 2. Voluntarily prove their claim as a RESPONDENT in possession of Claimant property in a involuntary bankruptcy proceeding process ; and, 3. Voluntarily compensate Claimant for ALL costs and attorneys/consultant fees ; and, 4. Resolve ALL claims by Claimant, against Respondent, et al, exclusively and finally through binding arbitration, if necessary, to enforce the above terms, conditions, fees, penalties and damages. Arbitration replaces the right to go to court except to confirm an arbitration award. The arbitration organization that is selected will apply its code or procedure in effect at the time the arbitration is filed, subject to this agreement. The arbitration will be conducted before a single arbitrator. The arbitrators authority is limited solely to the Claims between Claimant and Respondent alone. The arbitration will not be consolidated with any other arbitration proceeding. If Claimant prevails in the arbitration of any Claim against Respondent, Respondent will reimburse Claimant for any fees Claimant paid to the arbitration organization in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive any voluntary payment of Claimants claim against Respondent, in full, or any bankruptcy by Respondent.\n\nThis is a private communication and is intended to affect an out-of-court settlement of this matter. Conduct yourself accordingly. Should any provision on this agreement be found to not be enforceable by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become enforceable.\n\nEquality under the Law is PARAMOUNT and MANDATORY by Law NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL Applicable to all successors and assigns Silence is Acquiescence/Agreement/Dishonor You are the second party that has written a letter purporting to represent, or have as your client, and the first was not registered as a debt collector in Maine and they have not answered the debt validation request presented to them. This is Notice that I do not recognize the Respondent from which the Claimant has received a computer-generated debt collection attempt, and I must necessarily dispute part, or all, of the alleged debt until the following is received ...\n\nCREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF CLAIM Please provide all of the following information and submit the appropriate forms and paperwork back to me along with an Affidavit signed In Accordance with 28 U.S.C. 1746 within 30 days from the date of your receipt of this request for validation and proof of claim.\n\n1. Alleged Name and Address of Creditor 2. Name on File of Alleged Debtor : 3. Alleged Account # : XXXX 4. Amount of alleged debt : 5. Date that this alleged debt became/becomes payable : 6. Date of original charge off or delinquency : 7. Amount paid if debt was purchased : 8. Please attach a copy of any signed agreement alleged debtor/claimant has made with debt collector, or other verifiable proof that debtor/claimant has a contractual obligation to pay debt collector.\n\n9. Furnish a copy of the original promissory note/agreement redacting my social security number to prevent identity theft and state that your client named above is the holder in due course of the note agreement and will produce the original for my own and a judges inspection should there be a trial to contest these matters.\n\n10. Produce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. Such as ; FR 2046 balance sheet ( XXXX XXXX XXXX XXXX XXXX XXXX  ), 1099 OID report, S-3/A registration statement, 424-B5 prospectus, RC-S & RC-B call schedules 11. Identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt.\n\n12. Verified specifically, name ( s ) of person ( s ) assigned as Trustee to handle Corporations affairs and to be held accountable for the actions of the Corporation. Such as CFO and subordinates responsible for debt collections.\n\n13. Verify as a third-party debt collector, you have not purchased evidence of the alleged debt and are proceeding with collection activity in the name of the original maker of the note.\n\n14. Verify you know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity.\n\n15. Provide verification from the stated creditor that you are authorized to act for them.\n\n16. Verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing, which you know is false with the intention that others rely on the written communication to their detriment a violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341.\n\nNOTICE OF CLAIM DISPUTE NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT APPLICABLE TO ALL SUCCESSORS AND ASIGNS **********************SILENCE IS ACQUIESENCE*********************** NOTICE AND DEMAND TO CEASE AND DESIST COLLECTION ACTIVITIES PRIOR TO VALIDATION OF PURPORTED DEBT Pursuant to the truth in lending laws of the United States Code , Title 15 1601 et. Seq. and the Fair Debt Collection Practices Act laws of the United States Code 1692 et. seq This notice constitutes a timely written response to your Fair Debt Collection Practices Act notice that you are attempting to collect an alleged debt and is not a dishonor of your alleged claim of debt.\n\nThis notice is my, required by law, demand to cease and desist collection activities prior to validation of purported debt and you must validate the enclosed claim of an alleged debt. You must provide verification that an actual debt really exists by producing the following : 1. The name and address of the organization or other governmental unit alleging a debt ; 2. The name and address of the person or persons in that organization or other governmental unit alleging a claim of debt ; 3. The name of the actual creditor even if that is myself ; 4. The origin of the funds used to create this alleged claim of debt 5. The actual records of the organization or other governmental unit showing the time and place of the deposit and distribution of the funds used to create this alleged claim of debt.\n\n6. The actual records of the organization or other governmental unit showing that an actual loan was made from the organization or other governmental units own funds that resulted in the enclosed alleged claim of a debt.\n\n7. The actual records of the organization or other governmental unit with a live signature on any and, all document/instrument ( s ) used to allege the existence of a real loan of funds or debt from the organization or other governmental unit to myself or anyone else by similar name.\n\n8. Be advised that verification is defined ( Blacks Law Dictionary, 6th Edition ) as follows : Confirmation of correctness, truth, or authenticity, by affidavit, oath or deposition. Affidavit of truth of matter stated and object of verification is to assure good faith in averments or statements of party.\n\n9. The actual records of the organization or other governmental unit showing that an honest disclosure of facts relating to the alleged loan was made by the organization or other governmental unit in compliance with the truth in lending laws of the United States Code, Title 15 -1601 et. seq and Regulation Z.\n\n10. The actual records of the organization or other governmental unit showing that any, and all documents /instrument ( s ) containing my signature or likeness of my signature were not negotiated or pledged by the organization or other governmental unit against my credit to create the funds used for the appearance of a debt and resulting in this alleged claim of debt.\n\n11. The person that prepares and swears to the validation of debt must describe:1 ) your job description on a daily basis ; 2 ) if you are the regular keeper of those books and records and are familiar with how they are kept and their contents ; 3 ) How long have you been in your position ; 4 ) When did you first come in contact with the alleged account/debt ; 5 ) How frequently do you work with the files and information they are presenting to verify/validate the alleged debt ; and 7 ) Do you have personal knowledge about the alleged debt and/or any alleged account.\n\n15 U.S.C -1692 ( e ) states that a false, deceptive, and misleading representation, in connection, with the collection of any debt, includes the false representation of the character or legal status of any debt and further makes a threat to take any action that can not legally be taken a deceptive practice.\n\nPursuant to 15 U.S.C -1692 ( g ) ( 4 ) Validation of Debts, if you have evidence to validate your claim that the attached presentment does not constitute fraudulent misrepresentation and that one owes this alleged debt, this is a demand that, within 30 days, you provide such verification/validation and supporting evidence signed and certified under penalty of perjury to substantiate your claim. Until the requirements of the Fair Debt Collections Practices Act have been complied with and your claim is verified/validated, you have no consent to continue any collection activities.\n\nThis is a constructive notice that, absent the validation of your claim within 30 days, you must cease and desist any, and all collection activity and are prohibited from contacting me through the mail, by telephone, in person, at my home, or at my work. You are further prohibited from contacting any other third party. Each, and every attempted contact, in violation, of this act, will constitute harassment and defamation of character and will subject your agency and/or attorney and any, and all agents in his/her individual capacities, who take part in such harassment, and defamation, to a liability for actual damages, as well as statutory damages of up to {$1000.00} for each and, every violation, and a further liability for legal fees to be paid to any counsel which I may retain. Further, absent such validation of your claim, you are prohibited from filing any notice of lien and /or levy or judgment and are also barred from reporting any derogatory credit information to any credit reporting agency, regarding this disputed purported debt.\n\nFurther, pursuant to the Fair Debt Collection Practices Act 15 U.S.C 1692 ( g ) ( 8 ), as you are merely an agency or other governmental unit of the United States, acting on someone elses behalf, this is a demand that you provide the name of the original principal or holder in due course, for whom you are attempting to collect this alleged debt.\n\nPlease take notice that this legal notice will be forwarded as a criminal investigation of the business practices of the above, named organization or other governmental unit, its agents, officers, employees and attorney to determine violations of the United States criminal laws. Your claims of collection of a purported debt appears to be founded upon a false record in violation of U.S.C Title 18 -2071 and 2073 ( falsifying records ) and further ; uttering and possessing false obligations and counterfeit securities based upon the falsified records in violation of U.S.C Title 18 -471,472,473and or 513, and further using corrupt business practices to make and possess false records and claim if obligation, not substantiated by truthful facts in violation of the Federal Racketeer Influences and Corrupt Organization ( RICO ), U.S.C Title 18 1961 et.seq and further using the U.S. Mail to present such fraud and false instruments amounting to Mail Fraud, criminal conduct falling under Title 18 U.S.C -1341 Frauds and Swindles laws, and further sending mal with false and fictitious names, criminal conduct falling under Title 18 U.S.C -1842 Fictitious Names. IE XXXX XXXX. ALL INFORMATION WILL BE FORWARDED TO THE TEXAS INSPECTOR GENERAL OFFICE AND IRS CRIMINAL DIVISION TO INVESTIGATE SARMA COLLECTIONS INCORPORATED PER THE BANKING SECRECY ACT AND THE PATRIOT ACT AS WELL AS ALL MONEY INSTRUMENTS TO BE DISCLOSED.\n\nTAKE NOTICE SARMA COLLECTIONS INC. failure in providing respondent with the requisite verification, validating the above referenced alleged debt within the requirements of law as codified in the Fair Debt Collection Practices Act, Fair Credit Reporting Act, Banking Secrecy Act, Patriot Act and the corresponding laws of each state, signifies that Debt Collector tacitly agrees that : A. ) Debt collector has no lawful, bona fide, verified claim, re the listed accounts : # XXXX B. ) Debt Collector waives any, and all claims against respondent C. ) Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs, fees and expenses incurred in defending against this and any, and all continued collection attempts, re the above-referenced alleged accounts.\n\nD. ) Failure of Debt Collector to properly and legally verify/validate alleged debt as required in this notice us a self-executing irrevocable power of attorney authorizing Respondent/Alleged Debtor named herein to direct the permanent removal, on behalf of the alleged Creditor, of any, and all references to said accounts in any, and all credit reporting agency files of any type.\n\nThis response will constitute my effort to resolve this on-going debt claim between the parties involved. Until full disclosure on and for the official public record with a signed affidavit attached is achieved, there can be no case, collection or action. No civil or criminal cause of action can arise lest, out of fraud, there be valid, honest contract See Eads V Marks 249 P. 2d 257,260 Furthermore Title 12 U.S.C -411 Federal reserve notes, to be issued at the discretion of the Board of Governors of the Federal Reserve System for the purpose, of making advances to Federal reserve banks through the Federal reserve agents as hereinafter set forth and for no other purpose, are authorized. The said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federal reserve banks and for all taxes, customs, and other public dues. They shall be redeemed in lawful money on demand at the Treasury Department of the United States, in the city of Washington, District of Columbia, or at any Federal Reserve bank.","date_sent_to_company":"2020-03-03T07:17:35.000Z","issue":"False statements or representation","sub_product":"Medical debt","zip_code":"752XX","tags":null,"has_narrative":true,"complaint_id":"3551797","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Sarma","date_received":"2020-03-03T02:07:55.000Z","state":"TX","company_public_response":null,"sub_issue":"Attempted to collect wrong amount"},"highlight":{"complaint_what_happened":["Provide verification from the <em>stated</em> <em>creditor</em> that you are authorized to act for them.\n\n16."]},"sort":[10.7315,"3551797"]},{"_index":"complaint-public-v1","_id":"6861858","_score":10.635352,"_source":{"product":"Debt collection","complaint_what_happened":"This letter is being sent to you as a complaint of never receiving communication by Claimant from PRO COLLECT, INC. The complaint is for failure to respond to the letter and other information requested by the commissioner of the court/affidavit. What law can prohibit a company to ignore legal documents governed by the government? All information requested by affidavit which is not to be treated as normal communication per FDCPA. Deprived of life has been committed against me. I also DIDNT received statements from PRO COLLECT, INC that validates a debt was owed to another company but does not validate that its, I, XXXX XXXX as the alleged debtor. I do not have a contract with PRO COLLECT, INC and I disputed this debt and all claims to contract in accordance with 15 USC 1692 G. Statements cant be validation for identity theft purposes, but are primarily to validate a debt, which is not the same as validating a claim. There is more than one YOUR NAME as a consumer and in this case, PRO COLLECT, INC received a legal affidavit by the commissioner of the court and the company refused to acknowledge the legal document and are committing fraud against the consumers. The following information has also been requested for legal purposes from PRO COLLECT, INC and they are refusing to provide all information. I am also requesting that this information be forwarded to FTC.\n\nBe advised that your claim is disputed and validation and proof of claim of the disputed debt is requested in accordance with the Fair Debt Collection Practices Act, 15 USC 1692 and as amended by adding the following new Title 8 USC 802 et seq., and the Fair Credit Billing Act, 15 USC. 1666 et seq. I dispute this debt and all claims to contract in accordance with 15 USC 1692 G. All of which work in conjunction with each other, including the Truth In Lending Act ( TILA ) 15 USC 1601 et seq. It is not now, nor has it ever been, my intention to avoid paying any obligation that is lawfully owed by the Claimant. In order to make arrangements to pay an obligation which may be lawfully owed, please document and verify the debt by complying, in good faith, with this request for validation and return it to me, within thirty ( 30 ) days of receipt of this letter. I am absolutely certain that the item I disputed with a legal document that was ignored, should be removed, so I am hereby exercising my rights under FCRA 611 ( a ) ( 7 ) to request a complete description of all methods used to investigate my aforementioned dispute.\n\nAs per Section FCRA 609 ( e ) ( 15 U.S.C. 1681g ( 1 ) ), I am entitled to see the source of all the information, which is the original contract that contains my wet link signature and the cashed checks used for bill payment. \nPlease provide the following information as these items will be demanded in court as they are now by affidavit. \n\nThis is NOT a request for verification or proof of Claimant mailing address, but a request for VALIDATION and PROOF OF CLAIM made pursuant to the above-named Titles and Sections. I respectfully request that your offices provide Claimant with competent evidence as per the attached Declaration and Proof of Claim that I have any legal obligation to pay you the unsubstantiated alleged debt. Furthermore, you shall cease all verbal communication. No phone calls to the Claimant. \n\nAt this time, I will also inform you that if your offices have reported invalidated information to any of the XXXX major Credit Bureaus, such as, XXXX, XXXX and XXXX prior to validation and proof of claim of the disputed debt, this action might constitute fraud under both Federal and State Laws. Due to this fact ; if any negative mark is found on any of Claimant credit reports by your company or the company that you represent, I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character Violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341 ( Mail Fraud ) This debt is considered to be invalid until I receive proper validation and your offices provide Claimant with proof of claim of the disputed debt. Your offices have 30 days to produce the required documentation in accordance with FTC guidelines. During this validation period and proof of claim, if any action is taken which could be considered detrimental to any of XXXX credit reports, said action will be considered a dishonor and cause the self-executing contract portion of this notice to be implemented. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated. \n\nIf your offices fail to respond to this validation and proof of claim request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from Claimant credit file and a copy of such deletion request shall be sent to Claimant immediately. \n\nTitle 8 USC 809. Validation of debts [ 15 USC 1692g ] ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such validation and verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. \nBLACKS LAW DICTIONARY : VERIFICATION. Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition. \nVALIDATION. Proving the validity of accuracy of the claim. \n\nCounter Claim with Self-Executing Contract If Respondent, such as by commission, omission, and otherwise : ( a ) Fails to provide VALIDATION and PROOF OF CLAIM within thirty ( 30 ) days ; ( b ) Makes a false representation of the character of the herein above-referenced alleged debt ; ( c ) Makes a false representation of the legal status of the herein above-referenced alleged debt ; ( d ) Makes any threat of action that can not legally be taken, in violation of any applicable law, such as, the law codified at the Fair Debt Collection Practices Act, will be construed to be Respondents tacit acceptance of the terms and condition stated herein. In which case XXXX  agrees to : ( e ) Voluntarily report this account to all credit bureaus as paid as agreed ; and, ( f ) Voluntarily waive all claims against Claimant, their Agent or Heirs with prejudice ; and, ( g ) The matter regarding the alleged debt is finally and totally settled ; and, ( h ) Voluntarily admits the Claimant is the depositor for this account, that XXXX  risked none of their assets at any time regarding this account and that they failed to disclose these material facts to Claimant ; and, ( i ) Voluntarily report the date of last activity on this account is the date of this notice.\n\nFurthermore, XXXX  failure to Cease and Desist in accordance with the requirements of the FDCPA and other related law, and/or satisfy the above terms and conditions, constitutes XXXX  Breach of Duty and voluntary agreement to compensate Claimant, by certified mail, with a cashiers check within thirty ( 30 ) days of the date of billing by Claimant, their Agent or Heirs, in the following amounts : I ) XXXX XXXX XXXX ( {$1000.00} ) for each communication made to Claimant or their Agent or Heirs, whether telephonically or in writing, which is not in affidavit form, by a person who has firsthand knowledge, regarding Respondents unsubstantiated claim ; and, II ) XXXX XXXX XXXX  ( {$50000.00} ) for each transaction initiated by Claimant where Claimants commercial ability is impeded due to you, your agents or assigns adverse credit reporting ; and, III ) XXXX XXXX XXXX  ( {$5000.00} ) for each court appearance Claimant, their Agent or Heirs makes in response to Respondents unsubstantiated claims ; and, XXXX ) RESPONDENT owes Claimant the balance equal to the purported credit limit on this account, plus interest and fees, for money lent; and, V ) XXXX times the alleged claim amount of XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX ( {$160000.00} ) which equals ( {$490000.00} ) ; and, VI ) XXXX XXXX XXXX ( {$5000.00} ) per occurrence, for listing or reporting any information to a credit reporting repository which could be considered detrimental to Claimants credit history ; and, VII ) Punitive damages in the amount of ( {$270000.00} ) ; and VIII ) Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs ; fees and expenses incurred in defending against this and any and all continued collection attempts ( by anyone ) re the above-referenced alleged account XXXX  also agrees to : 1 . Voluntarily authorize XXXX to record a UCC-1 on XXXX as XXXX to secure the debt owed XXXX ; and, 2. Voluntarily prove their claim as a XXXX in possession of Claimant property in a involuntary bankruptcy proceeding process ; and, 3. Voluntarily compensate Claimant for ALL costs and attorneys/consultant fees ; and, 4. Resolve ALL claims by XXXX, against XXXX, et al, exclusively and finally through binding arbitration, if necessary, to enforce the above terms, conditions, fees, penalties and damages. XXXX replaces the right to go to court except to confirm an arbitration award. The arbitration organization that is selected will apply its code or procedure in effect at the time the arbitration is filed, subject to this agreement. The arbitration will be conducted before a single arbitrator. The arbitrators authority is limited solely to the Claims between XXXX and XXXX alone. The arbitration will not be consolidated with any other arbitration proceeding. If Claimant prevails in the arbitration of any Claim against XXXX, XXXX will reimburse XXXX for any fees XXXX paid to the arbitration organization in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive any voluntary payment of Claimants claim against XXXX, in full, or any bankruptcy by XXXX. \n\nThis is a private communication and is intended to affect an out-of-court settlement of this matter. Conduct yourself accordingly. Should any provision on this agreement be found to not be enforceable by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become enforceable. \n\nEquality under the Law is PARAMOUNT and MANDATORY by Law NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL Applicable to all successors and assigns Silence is Acquiescence/Agreement/Dishonor ) You are the second party that has written a letter purporting to represent, or have as your client, and the first was not registered as a debt collector in Maine and they have not answered the debt validation request presented to them. This is Notice that I do not recognize the XXXX from which the Claimant has received a computer-generated debt collection attempt, and I must necessarily dispute part, or all, of the alleged debt until the following is received... \n\nCREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF THE CLAIM Please provide all of the following information and submit the appropriate forms and paperwork back to me along with an Affidavit signed In Accordance with 28 U.S.C. 1746 within 30 days from the date of your receipt of this request for validation and proof of claim. \n1. Alleged Name and Address of Creditor of the time of application and address validation 2. Name on File of Alleged Debtor : 3. Alleged Account # : _________________ 4. Amount of alleged debt : 5. Date that this alleged debt became/becomes payable : 6. Date of original charge off or delinquency : 7. Amount paid if debt was purchased : 8. Please attach a copy of any signed agreement alleged debtor/claimant has made with debt collector, or other verifiable proof that debtor/claimant has a contractual obligation to pay debt collector. \n9. Furnish a copy of the original promissory note/agreement redacting my social security number to prevent identity theft and state that your client named above is the holder in due course of the note agreement and will produce the original for my own and a judges inspection should there be a trial to contest these matters.\n\n10. Produce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. Such as ; XXXX XXXX balance sheet ( XXXX # XXXX XXXX, XXXX, XXXX ), XXXX OID report, XXXX registration statement, XXXX prospectus, XXXX & XXXX call schedules 11. Identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt.\n\n12. Verified specifically, name ( s ) of person ( s ) assigned as Trustee to handle Corporations affairs and to be held accountable for the actions of the Corporation. Such as CFO and subordinates responsible for debt collections.\n\n13. Verify as a third-party debt collector, you have not purchased evidence of the alleged debt and are proceeding with collection activity in the name of the original maker of the note.\n\n14. Verify you know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity.\n\n15. Provide verification from the stated creditor that you are authorized to act for them.\n\n16. Verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing, which you know is false with the intention that others rely on the written communication to their detriment a violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341.\n\nNOTICE OF CLAIM DISPUTE NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT APPLICABLE TO ALL SUCCESSORS AND ASIGNS **********************SILENCE IS ACQUIESENCE*********************** NOTICE AND DEMAND TO CEASE AND DESIST COLLECTION ACTIVITIES PRIOR TO VALIDATION OF PURPORTED DEBT Pursuant to the truth in lending laws of the United States Code , Title 15 1601 et. Seq. and the Fair Debt Collection Practices Act laws of the United States Code 1692 et. seq This notice constitutes a timely written response to your Fair Debt Collection Practices Act notice that you are attempting to collect an alleged debt and is not a dishonor of your alleged claim of debt.\n\nThis notice is my, required by law, demand to cease and desist collection activities prior to validation of purported debt and you must validate the enclosed claim of an alleged debt. You must provide verification that an actual debt really exists by producing the following : 1. The name and address of the organization or other governmental unit alleging a debt ; 2. The name and address of the person or persons in that organization or other governmental unit alleging a claim of debt ; 3. The name of the actual creditor even if that is myself ; 4. The origin of the funds used to create this alleged claim of debt 5. The actual records of the organization or other governmental unit showing the time and place of the deposit and distribution of the funds used to create this alleged claim of debt.\n\n6. The actual records of the organization or other governmental unit showing that an actual loan was made from the organization or other governmental units own funds that resulted in the enclosed alleged claim of a debt.\n\n2. The actual records of the organization or other governmental unit with a live signature on any and, all document/instrument ( s ) used to allege the existence of a real loan of funds or debt from the organization or other governmental unit to myself or anyone else by similar name.\n\n3. Be advised that verification is defined ( Blacks Law Dictionary, 6th Edition ) as follows : Confirmation of correctness, truth, or authenticity, by affidavit, oath or deposition. Affidavit of truth of matter stated and object of verification is to assure good faith in averments or statements of party.\n\n4. The actual records of the organization or other governmental unit showing that an honest disclosure of facts relating to the alleged loan was made by the organization or other governmental unit in compliance with the truth in lending laws of the United States Code, Title 15 -1601 et. seq and Regulation Z.\n\n5. The actual records of the organization or other governmental unit showing that any, and all documents /instrument ( s ) containing my signature or likeness of my signature were not negotiated or pledged by the organization or other governmental unit against my credit to create the funds used for the appearance of a debt and resulting in this alleged claim of debt.\n\n6. The person that prepares and swears to the validation of debt must describe:1 ) your job description on a daily basis ; 2 ) if you are the regular keeper of those books and records and are familiar with how they are kept and their contents ; 3 ) How long have you been in your position ; 4 ) When did you first come in contact with the alleged account/debt ; 5 ) How frequently do you work with the files and information they are presenting to verify/validate the alleged debt ; and 7 ) Do you have personal knowledge about the alleged debt and/or any alleged account.\n\n15 U.S.C -1692 ( e ) states that a false, deceptive, and misleading representation, in connection, with the collection of any debt, includes the false representation of the character or legal status of any debt and further makes a threat to take any action that can not legally be taken a deceptive practice.\n\nPursuant to 15 U.S.C -1692 ( g ) ( 4 ) Validation of Debts, if you have evidence to validate your claim that the attached presentment does not constitute fraudulent misrepresentation and that one owes this alleged debt, this is a demand that, within 30 days, you provide such verification/validation and supporting evidence signed and certified under penalty of perjury to substantiate your claim. Until the requirements of the Fair Debt Collections Practices Act have been complied with and your claim is verified/validated, you have no consent to continue any collection activities.\n\nThis is a constructive notice that, absent the validation of your claim within 30 days, you must cease and desist any, and all collection activity and are prohibited from contacting me through the mail, by telephone, in person, at my home, or at my work. You are further prohibited from contacting any other third party. Each, and every attempted contact, in violation, of this act, will constitute harassment and defamation of character and will subject your agency and/or attorney and any, and all agents in his/her individual capacities, who take part in such harassment, and defamation, to a liability for actual damages, as well as statutory damages of up to {$1000.00} for each and, every violation, and a further liability for legal fees to be paid to any counsel which I may retain. Further, absent such validation of your claim, you are prohibited from filing any notice of lien and /or levy or judgment and are also barred from reporting any derogatory credit information to any credit reporting agency, regarding this disputed purported debt.\n\nFurther, pursuant to the Fair Debt Collection Practices Act 15 U.S.C 1692 ( g ) ( 8 ), as you are merely an agency or other governmental unit of the United States, acting on someone elses behalf, this is a demand that you provide the name of the original principal or holder in due course, for whom you are attempting to collect this alleged debt. \n\nPlease take notice that this legal notice will be forwarded as a criminal investigation of the business practices of the above, named organization or other governmental unit, its agents, officers, employees and attorney to determine violations of the United States criminal laws. Your claims of collection of a purported debt appears to be founded upon a false record in violation of U.S.C Title 18 -2071 and 2073 ( falsifying records ) and further ; uttering and possessing false obligations and counterfeit securities based upon the falsified records in violation of U.S.C Title 18 XXXX or XXXX, and further using corrupt business practices to make and possess false records and claim if obligation, not substantiated by truthful facts in violation of the XXXX XXXX Influences and Corrupt Organization ( XXXX ), U.S.C Title 18 1961 et.seq and further using the XXXX Mail to present such fraud and false instruments amounting to Mail Fraud, criminal conduct falling under Title 18 U.S.C -1341 Frauds and Swindles laws, and further sending mal with false and fictitious names, criminal conduct falling under Title 18 U.S.C -1842 Fictitious Names. IE XXXX XXXX ALL INFORMATION WILL BE FORWARDED TO THE TEXAS XXXX XXXX XXXX, AND IRS XXXX XXXX TO INVESTIGATE XXXX XXXX, XXXX UNDER THE BANKING SECRECY ACT AND THE XXXX XXXX UNDER AS WELL, AS ALL MONEY INSTRUMENT TO BE DISCLOSED. \n\n\n\n\nTAKE NOTICE XXXX XXXX, XXXX failure in providing respondent with the requisite verification, validating the above referenced alleged debt due to identity theft within the requirements of law as codified in the Fair Debt Collection Practices Act, Fair Credit Reporting Act, Banking Secrecy Act, XXXX XXXX and the corresponding laws of each state, signifies that Debt Collector tacitly agrees that : A. ) Debt collector has no lawful, bona fide, verified claim, regarding the listed accounts : XXXX B. ) Debt Collector waives any, and all claims against respondent XXXX ) Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs, fees and expenses incurred in defending against this and any, and all continued collection attempts, re the above-referenced alleged accounts. \nXXXX ) Failure of Debt Collector to properly and legally verify/validate alleged debt as required in this notice us a self-executing irrevocable power of attorney authorizing Respondent/Alleged Debtor named herein to direct the permanent removal, on behalf of the alleged Creditor, of any, and all references to said accounts in any, and all credit reporting agency files of any type. \nThis response will constitute my effort to resolve this on-going debt claim between the parties involved. Until full disclosure on and for the official public record with a signed affidavit attached is achieved, there can be no case, collection or action. No civil or criminal cause of action can arise lest, out of fraud, there be valid, honest contract See XXXX XXXX XXXX XXXX XXXX. XXXX XXXX Furthermore Title 12 U.S.C -411 Federal reserve notes, to be issued at the discretion of the Board of Governors of the Federal Reserve System for the purpose, of making advances to Federal reserve banks through the Federal reserve agents as hereinafter set forth and for no other purpose, are authorized. The said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federal Reserve banks and for all taxes, customs, and other public dues. They shall be redeemed in lawful money on demand at the Treasury Department of the United States, in the city of Washington , District of Columbia, or at any Federal Reserve Bank.","date_sent_to_company":"2023-04-19T22:25:32.000Z","issue":"Written notification about debt","sub_product":"I do not know","zip_code":"32301","tags":null,"has_narrative":true,"complaint_id":"6861858","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"ProCollect, Inc.","date_received":"2023-04-19T22:08:40.000Z","state":"FL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Didn't receive notice of right to dispute"},"highlight":{"complaint_what_happened":["Provide verification from the <em>stated</em> <em>creditor</em> that you are authorized to act for them.\n\n16."],"sub_issue":["Didn't receive <em>notice</em> of right to dispute"]},"sort":[10.635352,"6861858"]},{"_index":"complaint-public-v1","_id":"2723886","_score":10.546046,"_source":{"product":"Debt collection","complaint_what_happened":"COMPANY NEVER RESPONDED Company never provided any valid evidence of debt within the 30-day time frame from a dispute filed with the credit bureaus. I Requested information from creditor by affidavit (  from a commissioner of the court ) and the company did n't provide any information requested but sent a printed unsigned ledger nor did they remove any debt from my credit report. Certified Mail # XXXX NOTICE OF DISPUTE ; DEMAND FOR VALIDATION AND PROOF OF CLAIM To Whom it May Concern This letter is being sent to you in response to a computer generated, unsigned letter received by Claimant from your offices. Be advised that your claim is disputed and validation and proof of claim of the disputed debt is requested in accordance with the Fair Debt Collection Practices Act, 15 USC 1692 and as amended by adding the following new Title 8 USC 802 et seq., and the Fair Credit Billing Act, 15 USC. 1666 et seq. All of which work in conjunction with each other, including the Truth In Lending Act ( TILA ) 15 USC 1601 et seq. It is not now, nor has it ever been, my intention to avoid paying any obligation that is lawfully owed by the Claimant. In order to make arrangements to pay an obligation which may be lawfully owed, please document and verify the debt by complying, in good faith, with this request for validation and return it to me, within thirty ( 30 ) days of receipt of this letter. \n\nThis is NOT a request for verification or proof of Claimant mailing address, but a request for VALIDATION and PROOF OF CLAIM made pursuant to the above-named Titles and Sections. I respectfully request that your offices provide Claimant with competent evidence as per the attached Declaration and Proof of Claim that I have any legal obligation to pay you the unsubstantiated alleged debt. Furthermore, you shall cease all verbal communication. No phone calls to the Claimant. \n\nAt this time, I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus, such as, XXXX, XXXX and XXXX prior to validation and proof of claim of the disputed debt, this action might constitute fraud under both Federal and State Laws. Due to this fact ; if any negative mark is found on any of Claimant credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character Violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341 ( Mail Fraud ) This debt is considered to be invalid until I receive proper validation and your offices provide Claimant with proof of claim of the disputed debt. Your offices have 30 days to produce the required documentation in accordance with FTC guidelines. During this validation period and proof of claim, if any action is taken which could be considered detrimental to any of Claimant credit reports, said action will be considered a dishonor and cause the self-executing contract portion of this notice to be implemented. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated. \n\nIf your offices fail to respond to this validation and proof of claim request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from Claimant credit file and a copy of such deletion request shall be sent to Claimant immediately.\nTitle 8 USC 809. Validation of debts [ 15 USC 1692g ] ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such validation and verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. \nBLACKS LAW DICTIONARY : VERIFICATION. Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition. \nVALIDATION. Proving the validity of accuracy of the claim. \n\nCounter Claim with Self-Executing Contract If Respondent, such as by commission, omission, and otherwise : ( a ) Fails to provide VALIDATION and PROOF OF CLAIM within thirty ( 30 ) days ; ( b ) Makes a false representation of the character of the herein above-referenced alleged debt ; ( c ) Makes a false representation of the legal status of the herein above-referenced alleged debt ; ( d ) Makes any threat of action that can not legally be taken, in violation of any applicable law, such as, the law codified at the Fair Debt Collection Practices Act, will be construed to be Respondents tacit acceptance of the terms and condition stated herein. In which case RESPONDENT agrees to : ( e ) Voluntarily report this account to all credit bureaus as paid as agreed ; and, ( f ) Voluntarily waive all claims against Claimant, their Agent or Heirs with prejudice ; and, ( g ) The matter regarding the alleged debt is finally and totally settled ; and, ( h ) Voluntarily admits the Claimant is the depositor for this account, that Respondent risked none of their assets at any time regarding this account and that they failed to disclose these material facts to Claimant ; and, ( i ) Voluntarily report the date of last activity on this account is the date of this notice. \n\nFurthermore, RESPONDENTS failure to Cease and Desist in accordance with the requirements of the FDCPA and other related law, and/or satisfy the above terms and conditions, constitutes RESPONDENTS Breach of Duty and voluntary agreement to compensate Claimant, by certified mail, with a cashiers check within thirty ( 30 ) days of the date of billing by Claimant, their Agent or Heirs, in the following amounts : I ) XXXX XXXX Dollars ( {$1000.00} ) for each communication made to Claimant or their Agent or Heirs, whether telephonically or in writing, which is not in affidavit form, by a person who has firsthand knowledge, regarding Respondents unsubstantiated claim ; and, II ) XXXX XXXX Dollars ( {$50000.00} ) for each transaction initiated by Claimant where Claimants commercial ability is impeded due to you, your agents or assigns adverse credit reporting ; and, III ) XXXX XXXX Dollars ( {$5000.00} ) for each court appearance Claimant, their Agent or Heirs makes in response to Respondents unsubstantiated claims ; and, IV )  RESPONDENT owes Claimant the balance equal to the purported credit limit on this account, plus interest and fees, for money lent ; and, V ) Three times the alleged claim amount of XXXX XXXX XXXX XXXX XXXX XXXX XXXX dollars ( {$160000.00} ) which equals ( {$490000.00} ) ; and, VI ) XXXX XXXX Dollars ( {$5000.00} ) per occurrence, for listing or reporting any information to a credit reporting repository which could be considered detrimental to Claimants credit history ; and, VII ) Punitive damages in the amount of ( {$270000.00} ) ; and VIII ) Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs ; fees and expenses incurred in defending against this and any and all continued collection attempts ( by anyone ) re the above-referenced alleged account RESPONDENT also agrees to : 1. Voluntarily authorize Claimant to record a UCC-1 on RESPONDENT as debtor to secure the debt owed Claimant ; and, 2. Voluntarily prove their claim as a RESPONDENT in possession of Claimant property in a involuntary bankruptcy proceeding process ; and, 3. Voluntarily compensate Claimant for ALL costs and attorneys/consultant fees ; and, 4. Resolve ALL claims by Claimant, against Respondent, et al, exclusively and finally through binding arbitration, if necessary, to enforce the above terms, conditions, fees, penalties and damages. Arbitration replaces the right to go to court except to confirm an arbitration award. The arbitration organization that is selected will apply its code or procedure in effect at the time the arbitration is filed, subject to this agreement. The arbitration will be conducted before a single arbitrator. The arbitrators authority is limited solely to the Claims between Claimant and Respondent alone. The arbitration will not be consolidated with any other arbitration proceeding. If Claimant prevails in the arbitration of any Claim against Respondent, Respondent will reimburse Claimant for any fees Claimant paid to the arbitration organization in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive any voluntary payment of Claimants claim against Respondent, in full, or any bankruptcy by Respondent. \n\nThis is a private communication and is intended to affect an out-of-court settlement of this matter. Conduct yourself accordingly. Should any provision on this agreement be found to not be enforceable by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become enforceable. \n\nEquality under the Law is PARAMOUNT and MANDATORY by Law NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL Applicable to all successors and assigns Silence is Acquiescence/Agreement/Dishonor You are the second party that has written a letter purporting to represent, or have as your client, and the first was not registered as a debt collector in Maine and they have not answered the debt validation request presented to them. This is Notice that I do not recognize the Respondent from which the Claimant has received a computer-generated debt collection attempt, and I must necessarily dispute part, or all, of the alleged debt until the following is received ... \nCREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF CLAIM Please provide all of the following information and submit the appropriate forms and paperwork back to me along with an Affidavit signed In Accordance with 28 U.S.C. 1746 within 30 days from the date of your receipt of this request for validation and proof of claim.\n1. Alleged Name and Address of Creditor 2. Name on File of Alleged Debtor : 3. Alleged Account # : 4. Amount of alleged debt : 5. Date that this alleged debt became/becomes payable : 6. Date of original charge off or delinquency : 7. Amount paid if debt was purchased : 8. Please attach a copy of any signed agreement alleged debtor/claimant has made with debt collector, or other verifiable proof that debtor/claimant has a contractual obligation to pay debt collector.\n9. Furnish a copy of the original promissory note/agreement redacting my social security number to prevent identity theft and state that your client named above is the holder in due course of the note agreement and will produce the original for my own and a judges inspection should there be a trial to contest these matters. \n10. Produce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. Such as ; FR 2046 balance sheet ( OMB # s 2046, 2049, 2099 ), 1099 OID report, S-3/A registration statement, 424-B5 prospectus, RC-S & RC-B call schedules 11. Identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt.\n12. Verified specifically, name ( s ) of person ( s ) assigned as Trustee to handle Corporations affairs and to be held accountable for the actions of the Corporation. Such as CFO and subordinates responsible for debt collections.\n13. Verify as a third-party debt collector, you have not purchased evidence of the alleged debt and are proceeding with collection activity in the name of the original maker of the note.\n14. Verify you know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity.\n15. Provide verification from the stated creditor that you are authorized to act for them.\n16. Verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing, which you know is false with the intention that others rely on the written communication to their detriment a violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341.\nNOTICE OF CLAIM DISPUTE NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT APPLICABLE TO ALL SUCCESSORS AND ASIGNS **********************SILENCE IS ACQUIESENCE*********************** NOTICE AND DEMAND TO CEASE AND DESIST COLLECTION ACTIVITIES PRIOR TO VALIDATION OF PURPORTED DEBT Pursuant to the truth in lending laws of the United States Code , Title 15 1601 et. Seq. and the Fair Debt Collection Practices Act laws of the United States Code 1692 et. seq This notice constitutes a timely written response to your Fair Debt Collection Practices Act notice that you are attempting to collect an alleged debt and is not a dishonor of your alleged claim of debt.\nThis notice is my, required by law, demand to cease and desist collection activities prior to validation of purported debt and you must validate the enclosed claim of an alleged debt. You must provide verification that an actual debt really exists by producing the following : 1. The name and address of the organization or other governmental unit alleging a debt ; 2. The name and address of the person or persons in that organization or other governmental unit alleging a claim of debt ; 3. The name of the actual creditor even if that is myself ; 4. The origin of the funds used to create this alleged claim of debt 5. The actual records of the organization or other governmental unit showing the time and place of the deposit and distribution of the funds used to create this alleged claim of debt.\n6. The actual records of the organization or other governmental unit showing that an actual loan was made from the organization or other governmental units own funds that resulted in the enclosed alleged claim of a debt.\n7. The actual records of the organization or other governmental unit with a live signature on any and, all document/instrument ( s ) used to allege the existence of a real loan of funds or debt from the organization or other governmental unit to myself or anyone else by similar name. \n8. Be advised that verification is defined ( Blacks Law Dictionary, 6th Edition ) as follows : Confirmation of correctness, truth, or authenticity, by affidavit, oath or deposition. Affidavit of truth of matter stated and object of verification is to assure good faith in averments or statements of party. \n9. The actual records of the organization or other governmental unit showing that an honest disclosure of facts relating to the alleged loan was made by the organization or other governmental unit in compliance with the truth in lending laws of the United States Code, Title 15 -1601 et. seq and Regulation Z.\n10. The actual records of the organization or other governmental unit showing that any, and all documents /instrument ( s ) containing my signature or likeness of my signature were not negotiated or pledged by the organization or other governmental unit against my credit to create the funds used for the appearance of a debt and resulting in this alleged claim of debt.\n11. The person that prepares and swears to the validation of debt must describe:1 ) your job description on a daily basis ; 2 ) if you are the regular keeper of those books and records and are familiar with how they are kept and their contents ; 3 ) How long have you been in your position ; 4 ) When did you first come in contact with the alleged account/debt ; 5 ) How frequently do you work with the files and information they are presenting to verify/validate the alleged debt ; and 7 ) Do you have personal knowledge about the alleged debt and/or any alleged account.\n15 U.S.C -1692 ( e ) states that a false, deceptive, and misleading representation, in connection, with the collection of any debt, includes the false representation of the character or legal status of any debt and further makes a threat to take any action that can not legally be taken a deceptive practice.\nPursuant to 15 U.S.C -1692 ( g ) ( 4 ) Validation of Debts, if you have evidence to validate your claim that the attached presentment does not constitute fraudulent misrepresentation and that one owes this alleged debt, this is a demand that, within 30 days, you provide such verification/validation and supporting evidence signed and certified under penalty of perjury to substantiate your claim. Until the requirements of the Fair Debt Collections Practices Act have been complied with and your claim is verified/validated, you have no consent to continue any collection activities.\nThis is a constructive notice that, absent the validation of your claim within 30 days, you must cease and desist any, and all collection activity and are prohibited from contacting me through the mail, by telephone, in person, at my home, or at my work. You are further prohibited from contacting any other third party. Each, and every attempted contact, in violation, of this act, will constitute harassment and defamation of character and will subject your agency and/or attorney and any, and all agents in his/her individual capacities, who take part in such harassment, and defamation, to a liability for actual damages, as well as statutory damages of up to {$1000.00} for each and, every violation, and a further liability for legal fees to be paid to any counsel which I may retain. Further, absent such validation of your claim, you are prohibited from filing any notice of lien and /or levy or judgment and are also barred from reporting any derogatory credit information to any credit reporting agency, regarding this disputed purported debt.\nFurther, pursuant to the Fair Debt Collection Practices Act 15 U.S.C 1692 ( g ) ( 8 ), as you are merely an agency or other governmental unit of the United States, acting on someone elses behalf, this is a demand that you provide the name of the original principal or holder in due course, for whom you are attempting to collect this alleged debt. \nPlease take notice that this legal notice will be forwarded as a criminal investigation of the business practices of the above, named organization or other governmental unit, its agents, officers, employees and attorney to determine violations of the United States criminal laws. Your claims of collection of a purported debt appears to be founded upon a false record in violation of U.S.C Title 18 -2071 and 2073 ( falsifying records ) and further ; uttering and possessing false obligations and counterfeit securities based upon the falsified records in violation of U.S.C Title 18 -471,472,473and or 513, and further using corrupt business practices to make and possess false records and claim if obligation, not substantiated by truthful facts in violation of the Federal Racketeer Influences and Corrupt Organization ( RICO ), U.S.C Title 18 1961 et.seq and further using the U.S. Mail to present such fraud and false instruments amounting to Mail Fraud, criminal conduct falling under Title 18 U.S.C -1341 Frauds and Swindles laws, and further sending mal with false and fictitious names, criminal conduct falling under Title 18 U.S.C -1842 Fictitious Names. IE XXXX XXXX. ALL INFORMATION WILL BE FORWARDED TO THE TEXAS INSPECTOR GENERAL OFFICE AND IRS CRIMINAL DIVISION TO INVESTIGATE RECEIVABLE MANAGEMENT UNDER THE BANKING SECRECY ACT AND THE PATRIOT ACT UNDER AS WELL AS ALL MONEY INSTRUMENT TO BE DISCLOSED. \nTAKE NOTICE RECEIVABLE MANAGEMENT failure in providing respondent with the requisite verification, validating the above referenced alleged debt within the requirements of law as codified in the Fair Debt Collection Practices Act, Fair Credit Reporting Act, Banking Secrecy Act, Patriot Act and the corresponding laws of each state, signifies that Debt Collector tacitly agrees that : A. ) Debt collector has no lawful, bona fide, verified claim, re the listed accounts : # XXXX**** B. ) Debt Collector waives any, and all claims against respondent C. ) Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs, fees and expenses incurred in defending against this and any, and all continued collection attempts, re the above-referenced alleged accounts.\nD. ) Failure of Debt Collector to properly and legally verify/validate alleged debt as required in this notice us a self-executing irrevocable power of attorney authorizing Respondent/Alleged Debtor named herein to direct the permanent removal, on behalf of the alleged Creditor, of any, and all references to said accounts in any, and all credit reporting agency files of any type. \nThis response will constitute my effort to resolve this on-going debt claim between the parties involved. Until full disclosure on and for the official public record with a signed affidavit attached is achieved, there can be no case, collection or action. No civil or criminal cause of action can arise lest, out of fraud, there be valid, honest contract See Eads V Marks 249 P. 2d 257,260 Furthermore Title 12 U.S.C -411 Federal reserve notes, to be issued at the discretion of the Board of Governors of the Federal Reserve System for the purpose, of making advances to Federal reserve banks through the Federal reserve agents as hereinafter set forth and for no other purpose, are authorized. The said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federal reserve banks and for all taxes, customs, and other public dues. They shall be redeemed in lawful money on demand at the Treasury Department of the United States, in the city of XXXX, District of Columbia, or at any Federal Reserve bank.","date_sent_to_company":"2017-11-19T22:23:03.000Z","issue":"Attempts to collect debt not owed","sub_product":"I do not know","zip_code":"752XX","tags":null,"has_narrative":true,"complaint_id":"2723886","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"The Receivable Management Services LLC","date_received":"2017-11-08T22:36:10.000Z","state":"TX","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Debt is not yours"},"highlight":{"complaint_what_happened":["Provide verification from the <em>stated</em> <em>creditor</em> that you are authorized to act for them.\n16."]},"sort":[10.546046,"2723886"]},{"_index":"complaint-public-v1","_id":"2922759","_score":10.516902,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"I need some assistance here, per XXXX on XX/XX/XXXX they confirmed this is my account which is a lie. I would like to know name 's, department of who they are verifying there information through. This has got to be resolved. THIS IS FRAUD and I thought taking my time cleaning it up was good enough and now I'm still dealing with this issue. Please see attached notice that was given that this account is FRAUD back in XXXX. Five months later this is STILL on my credit file hurting me. \n\nXXXX XXXX / XXXX XXXX XXXX Per XXXX which is 110 % inaccurate YOUR COMPLAINT I have notified XXXX as well as the other two agencies and the only one not complying is XXXX. I took it upon myself and sent them proof as well as the creditor this DOES NOT BELONG TO ME and after working on this issue for the past 3 months this inaccurate remark for a whole lot of money is still listed on my personal credit file prohibiting me from making a financial move I need. What else do I need to do. CFPB please help me. I have proof I requested along with the creditor, and have XXXX response stating they investigated which is false as they did not. The remark is XXXX/XXXX XXXX XXXX REMOVE ATTACHMENTS XXXX XXXX XXXX  NOTICE TO REMOVE.pdf ( 919.7 KB ) XXXX XXXX XXXX results.pdf ( 632.3 KB ) View full complaint Sent to company STATUS Sent to company on XX/XX/XXXX We've sent your complaint to the company, and we will let you know when they respond. \n\nTheir response should include the steps they took, or will take, to address your complaint. \n\nYou should receive an update from the company within the next 15 days, and a final response within 60 days. \n\nCompany still working STATUS Company response is in progress as of XX/XX/XXXX The company has responded that it is still working on your issue In some cases, companies need more time to respond. You should receive a final response within 60 days from the date we sent your complaint to the company. \n\nCOMPANY 'S INTERIM RESPONSE Thank you for submitting your complaint on XX/XX/XXXX, through the CFPB Complaint Portal. We appreciate consumers who take the time to let us know about their experiences with our company. We have reviewed and considered the information, including the two attachments, you have supplied through the CFPB portal and directly to XXXX. We are currently in the process of contacting the data furnisher ( s ) to verify the accuracy of the information with which you disagree as needed. Please note that an investigation may take up to 30 days. Upon completion, the result summary will be provided directly to you for review. If you have any additional supporting new documentation regarding the disputed information, you may forward that to XXXX for further review. If you disagree with the results of the reinvestigations, it is your legal right, under the FCRA, to add a 100-word statement specifying the nature of your dispute. The consumer statement will appear on your credit report and be viewable upon inquiry. If you would like our assistance in providing a concise statement, please contact us directly at the telephone number or address provided on your personal credit report and we would be happy to assist you. You may refer to the credit report that you received for the name, phone number ( if available ) and address of the data furnisher or public records office who verified that information. In addition, for more information regarding your credit and frequently asked questions, you may visit : XXXX XXXX XXXX. Please note that accurate information can not be deleted. A national consumer credit reporting agency stores information from credit grantors, collection companies as well as public record information that include bankruptcies, judgments and liens. Potentially negative information, such as late payments and most public record items, which are obtained from courts and other government offices, remain on the personal credit report for up to seven years from the date of the original missed payment, not by the open date. Positive information may remain on the report indefinitely, although paid closed accounts generally display for up to 10 years from the date paid or closed. Requests for your credit history remain on your personal credit report for at least two years. For additional assistance, you may call the toll free telephone number provided on your personal credit report obtained directly from XXXX, or write to XXXX  at XXXX. XXXX XXXX, XXXX, TX XXXX. Thank you for submitting your complaint through the CFPB Complaint Portal. It is our policy to respond to consumer complaints swiftly and to take each complaint seriously. We appreciate you letting us know about your experiences with XXXX. \nCompany responded STATUS Company responded on XX/XX/XXXX RESPONSE TYPE Closed with explanation Company 's Response Thank you for submitting your complaint on XX/XX/XXXX, through the CFPB Complaint Portal. We appreciate consumers who take the time to let us know about their experiences with our company. We have reviewed and considered the information that you have supplied through the CFPB portal and directly to XXXX. In your complaint, you indicate that there is an account on your credit report that you request be removed. At your request to conduct an investigation, we contacted the data furnisher and asked them to verify the accuracy of the information with which you disagree. They responded and verified that the disputed information was accurate as reported. The result summary was sent to you for review. If you have any additional supporting new documentation regarding the disputed information, you may forward that to XXXX for further review. According to the Fair Credit Reporting Act ( FCRA ), a national consumer credit reporting agencys role in the dispute process is to review the accuracy and completeness of any disputed item which may include contacting the furnisher of the information or the vendor that collected the information from a public record source, such as a court or other government office, notifying them of the disputed information and disclosing all relevant information regarding the consumers dispute. In order to help resolve the consumers dispute, XXXX  will review all relevant documents submitted by the consumer with the dispute and will forward such documents to the furnisher if XXXX is unable to resolve the issue based on those documents. Consumers may also contact creditors directly to dispute items reported by the creditor. If the issue is not resolved, then the consumer credit reporting agency must offer to include a consumer statement on the personal credit report. If you disagree with the results of the reinvestigations, it is your legal right, under the FCRA, to add a 100-word statement specifying the nature of your dispute. The consumer statement will appear on your credit report and be viewable upon inquiry. If you would like our assistance in providing a concise statement, please contact us directly at the telephone number or address provided on your personal credit report and we would be happy to assist you. You may refer to the credit report that you received for the name, phone number ( if available ) and address of the data furnisher who verified that information. Please note that accurate information can not be deleted. Potentially negative items, such as missed or late payments, remains on the personal credit report for seven years from the date of the original missed payment. For additional assistance, you may call the toll free telephone number provided on your personal credit report obtained directly from XXXX, or write to XXXX  at XXXX. XXXX XXXX, XXXX, TX XXXX. For more information regarding your credit and frequently asked questions, you may visit : XXXX XXXX XXXX. Thank you for submitting your complaint through the CFPB Complaint Portal. It is our policy to respond to consumer complaints swiftly and to take each complaint seriously. We appreciate you letting us know about your experiences with XXXX.","date_sent_to_company":"2018-05-31T19:01:03.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"33709","tags":null,"has_narrative":true,"complaint_id":"2922759","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"SYNCHRONY FINANCIAL","date_received":"2018-05-31T18:54:56.000Z","state":"FL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Information belongs to someone else"},"highlight":{"complaint_what_happened":["I took it upon <em>myself</em> and <em>sent</em> them proof as well as the <em>creditor</em> this DOES NOT BELONG TO ME and after working on this issue for the past 3 months this inaccurate remark for a whole lot of money is still listed on my personal credit file prohibiting me from making a financial move I need. What else do I need to do. CFPB please help me. I have proof I requested along with the <em>creditor</em>, and have XXXX response <em>stating</em> they investigated which is false as they did not."]},"sort":[10.516902,"2922759"]},{"_index":"complaint-public-v1","_id":"2717204","_score":10.345337,"_source":{"product":"Debt collection","complaint_what_happened":"Company never provided any valid evidence of debt within the 30 day time frame from a dispute filed with the credit bureaus. I Requested information from creditor by affidavit ( from a commissioner of the court ) and the company did n't provide any information requested nor did they remove any debt from my credit report. Certified Mail # XXXX NOTICE OF DISPUTE ; DEMAND FOR VALIDATION AND PROOF OF CLAIM To Whom it May Concern This letter is being sent to you in response to a computer generated, unsigned letter received by Claimant from your offices. Be advised that your claim is disputed and validation and proof of claim of the disputed debt is requested in accordance with the Fair Debt Collection Practices Act, 15 USC 1692 and as amended by adding the following new Title 8 USC 802 et seq., and the Fair Credit Billing Act, 15 USC. 1666 et seq. All of which work in conjunction with each other, including the Truth In Lending Act ( TILA ) 15 USC 1601 et seq. It is not now, nor has it ever been, my intention to avoid paying any obligation that is lawfully owed by the Claimant. In order to make arrangements to pay an obligation which may be lawfully owed, please document and verify the debt by complying, in good faith, with this request for validation and return it to me, within thirty ( 30 ) days of receipt of this letter.\nThis is NOT a request for verification or proof of Claimant mailing address, but a request for VALIDATION and PROOF OF CLAIM made pursuant to the above-named Titles and Sections. I respectfully request that your offices provide Claimant with competent evidence as per the attached Declaration and Proof of Claim that I have any legal obligation to pay you the unsubstantiated alleged debt. Furthermore, you shall cease all verbal communication. No phone calls to the Claimant.\nAt this time, I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus, such as, XXXX, XXXX and XXXX prior to validation and proof of claim of the disputed debt, this action might constitute fraud under both Federal and State Laws. Due to this fact ; if any negative mark is found on any of Claimant credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character Violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341 ( Mail Fraud ) This debt is considered to be invalid until I receive proper validation and your offices provide Claimant with proof of claim of the disputed debt. Your offices have 30 days to produce the required documentation in accordance with FTC guidelines. During this validation period and proof of claim, if any action is taken which could be considered detrimental to any of Claimant credit reports, said action will be considered a dishonor and cause the self-executing contract portion of this notice to be implemented. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated. \n\nIf your offices fail to respond to this validation and proof of claim request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from Claimant credit file and a copy of such deletion request shall be sent to Claimant immediately.\nTitle 8 USC 809. Validation of debts [ 15 USC 1692g ] ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such validation and verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. \nBLACKS LAW DICTIONARY : VERIFICATION. Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition. \nVALIDATION. Proving the validity of accuracy of the claim. \n\nCounter Claim with Self-Executing Contract If Respondent, such as by commission, omission, and otherwise : ( a ) Fails to provide VALIDATION and PROOF OF CLAIM within thirty ( 30 ) days ; ( b ) Makes a false representation of the character of the herein above-referenced alleged debt ; ( c ) Makes a false representation of the legal status of the herein above-referenced alleged debt ; ( d ) Makes any threat of action that can not legally be taken, in violation of any applicable law, such as, the law codified at the Fair Debt Collection Practices Act, will be construed to be Respondents tacit acceptance of the terms and condition stated herein. In which case RESPONDENT agrees to : ( e ) Voluntarily report this account to all credit bureaus as paid as agreed ; and, ( f ) Voluntarily waive all claims against Claimant, their Agent or Heirs with prejudice ; and, ( g ) The matter regarding the alleged debt is finally and totally settled ; and, ( h ) Voluntarily admits the Claimant is the depositor for this account, that Respondent risked none of their assets at any time regarding this account and that they failed to disclose these material facts to Claimant ; and, ( i ) Voluntarily report the date of last activity on this account is the date of this notice. \n\nFurthermore, RESPONDENTS failure to Cease and Desist in accordance with the requirements of the FDCPA and other related law, and/or satisfy the above terms and conditions, constitutes RESPONDENTS Breach of Duty and voluntary agreement to compensate Claimant, by certified mail, with a cashiers check within thirty ( 30 ) days of the date of billing by Claimant, their Agent or Heirs, in the following amounts : I ) XXXX XXXX Dollars ( {$1000.00} ) for each communication made to Claimant or their Agent or Heirs, whether telephonically or in writing, which is not in affidavit form, by a person who has firsthand knowledge, regarding Respondents unsubstantiated claim ; and, II ) XXXX XXXX Dollars ( {$50000.00} ) for each transaction initiated by Claimant where Claimants commercial ability is impeded due to you, your agents or assigns adverse credit reporting ; and, III ) XXXX XXXX Dollars ( {$5000.00} ) for each court appearance Claimant, their Agent or Heirs makes in response to Respondents unsubstantiated claims ; and, IV )  RESPONDENT owes Claimant the balance equal to the purported credit limit on this account, plus interest and fees, for money lent ; and, V ) Three times the alleged claim amount of XXXX XXXX XXXX XXXX XXXX XXXX XXXX dollars ( {$160000.00} ) which equals ( {$490000.00} ) ; and, VI ) XXXX XXXX Dollars ( {$5000.00} ) per occurrence, for listing or reporting any information to a credit reporting repository which could be considered detrimental to Claimants credit history ; and, VII ) Punitive damages in the amount of ( {$270000.00} ) ; and VIII ) Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs ; fees and expenses incurred in defending against this and any and all continued collection attempts ( by anyone ) re the above-referenced alleged account RESPONDENT also agrees to : 1. Voluntarily authorize Claimant to record a UCC-1 on RESPONDENT as debtor to secure the debt owed Claimant ; and, 2. Voluntarily prove their claim as a RESPONDENT in possession of Claimant property in a involuntary bankruptcy proceeding process ; and, 3. Voluntarily compensate Claimant for ALL costs and attorneys/consultant fees ; and, 4. Resolve ALL claims by Claimant, against Respondent, et al, exclusively and finally through binding arbitration, if  necessary, to enforce the above terms, conditions, fees, penalties and damages. Arbitration replaces the right to go to court except to confirm an arbitration award. The arbitration organization that is selected will apply its code or procedure in effect at the time the arbitration is filed, subject to this agreement. The arbitration will be conducted before a single arbitrator. The arbitrators authority is limited solely to the Claims between Claimant and Respondent alone. The arbitration will not be consolidated with any other arbitration proceeding. If Claimant prevails in the arbitration of any Claim against Respondent, Respondent will reimburse Claimant for any fees Claimant paid to the arbitration organization in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive any voluntary payment of Claimants claim against Respondent, in full, or any bankruptcy by Respondent.\nThis is a private communication and is intended to affect an out-of-court settlement of this matter. Conduct yourself accordingly. Should any provision on this agreement be found to not be enforceable by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become enforceable.\nEquality under the Law is PARAMOUNT and MANDATORY by Law NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL Applicable to all successors and assigns Silence is Acquiescence/Agreement/Dishonor You are the second party that has written a letter purporting to represent, or have as your client, and the first was not registered as a debt collector in Maine and they have not answered the debt validation request presented to them. This is Notice that I do not recognize the Respondent from which the Claimant has received a computer-generated debt collection attempt, and I must necessarily dispute part, or all, of the alleged debt until the following is received ... \nCREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF CLAIM Please provide all of the following information and submit the appropriate forms and paperwork back to me along with an Affidavit signed In Accordance with 28 U.S.C. 1746 within 30 days from the date of your receipt of this request for validation and proof of claim.\n1. Alleged Name and Address of Creditor 2. Name on File of Alleged Debtor : 3. Alleged Account # : 4. Amount of alleged debt : 5. Date that this alleged debt became/becomes payable : 6. Date of original charge off or delinquency : 7. Amount paid if debt was purchased : 8. Please attach a copy of any signed agreement alleged debtor/claimant has made with debt collector, or other verifiable proof that debtor/claimant has a contractual obligation to pay debt collector.\n9. Furnish a copy of the original promissory note/agreement redacting my social security number to prevent identity theft and state that your client named above is the holder in due course of the note agreement and will produce the original for my own and a judges inspection should there be a trial to contest these matters.\n10. Produce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. Such as ; FR 2046 balance sheet ( OMB # s 2046, 2049, 2099 ), 1099 OID report, S-3/A registration statement, 424-B5 prospectus, RC-S & RC-B call schedules 11. Identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt. \n12. Verified specifically, name ( s ) of person ( s ) assigned as Trustee to handle Corporations affairs and to be held accountable for the actions of the Corporation. Such as CFO and subordinates responsible for debt collections.\n13. Verify as a third-party debt collector, you have not purchased evidence of the alleged debt and are proceeding with collection activity in the name of the original maker of the note.\n14. Verify you know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity.\n15. Provide verification from the stated creditor that you are authorized to act for them.\n16. Verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of  interstate communications in a scheme of fraud by advancing a writing, which you know is false with the intention that others rely on the written communication to their detriment a violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341.\nNOTICE OF CLAIM DISPUTE NOTICE TO AGENT IS NOTICE TO PRINCIPAL  NOTICE TO PRINCIPAL IS NOTICE TO AGENT APPLICABLE TO ALL SUCCESSORS AND ASIGNS **********************SILENCE IS ACQUIESENCE*********************** NOTICE AND DEMAND TO CEASE AND DESIST COLLECTION ACTIVITIES PRIOR TO VALIDATION OF PURPORTED DEBT Pursuant to the truth in lending laws of the United States Code , Title 15 1601 et. Seq. and the Fair Debt Collection Practices Act laws of the United States Code 1692 et. seq This notice constitutes a timely written response to your Fair Debt Collection Practices Act notice that you are attempting to collect an alleged debt and is not a dishonor of your alleged claim of debt. \nThis notice is my, required by law, demand to cease and desist collection activities prior to validation of purported debt and you must validate the enclosed claim of an alleged debt. You must provide verification that an actual debt really exists by producing the following : 1. The name and address of the organization or other governmental unit alleging a debt ; 2. The name and address of the person or persons in that organization or other governmental unit alleging a claim of debt ; 3. The name of the actual creditor even if that is myself ; 4. The origin of the funds used to create this alleged claim of debt 5. The actual records of the organization or other governmental unit showing the time and place of the deposit and distribution of the funds used to create this alleged claim of debt.\n6. The actual records of the organization or other governmental unit showing that an actual loan was made from the organization or other governmental units own funds that resulted in the enclosed alleged claim of a debt.\n7. The actual records of the organization or other governmental unit with a live signature on any and, all document/instrument ( s ) used to allege the existence of a real loan of funds or debt from the organization or other governmental unit to myself or anyone else by similar name. \n8. Be advised that verification is defined ( Blacks Law Dictionary, 6th Edition ) as follows : Confirmation of correctness, truth, or authenticity, by affidavit, oath or deposition. Affidavit of truth of matter stated and object of verification is to assure good faith in averments or statements of party. \n9. The actual records of the organization or other governmental unit showing that an honest disclosure of facts relating to the alleged loan was made by the organization or other governmental unit in compliance with the truth in lending laws of the United States Code, Title 15 -1601 et. seq and Regulation Z.\n10. The actual records of the organization or other governmental unit showing that any, and all documents /instrument ( s ) containing my signature or likeness of my signature were not negotiated or pledged by the organization or other governmental unit against my credit to create the funds used for the appearance of a debt and resulting in this alleged claim of debt.\n11. The person that prepares and swears to the validation of debt must describe:1 ) your job description on a daily basis ; 2 ) if you are the regular keeper of those books and records and are familiar with how they are kept and their contents ; 3 ) How long have you been in your position ; 4 ) When did you first come in contact with the alleged account/debt ; 5 ) How frequently do you work with the files and information they are presenting to verify/validate the alleged debt ; and 7 ) Do you have personal knowledge about the alleged debt and/or any alleged account.\n15 U.S.C -1692 ( e ) states that a false, deceptive, and misleading representation, in  connection, with the collection of any debt, includes the false representation of the character or legal status of any debt and further makes a threat to take any action that can not legally be taken a deceptive practice. \nPursuant to 15 U.S.C -1692 ( g ) ( 4 ) Validation of Debts, if you have evidence to validate your claim that the attached presentment does not constitute fraudulent misrepresentation and that one owes this alleged debt, this is a demand that, within 30 days, you provide such verification/validation and supporting evidence signed and certified under penalty of perjury to substantiate your claim. Until the requirements of the Fair Debt Collections Practices Act have been complied with and your claim is verified/validated, you have no consent to continue any collection activities. \n\nThis is a constructive notice that, absent the validation of your claim within 30 days, you must cease and desist any, and all collection activity and are prohibited from contacting me through the mail, by telephone, in person, at my home, or at my work. You are further prohibited from contacting any other third party. Each, and every attempted contact, in violation, of this act, will constitute harassment and defamation of character and will subject your agency and/or attorney and any, and all agents in his/her individual capacities, who take part in such harassment, and defamation, to a liability for actual damages, as well as statutory damages of up to {$1000.00} for each and, every violation, and a further liability for legal fees to be paid to any counsel which I may retain. Further, absent such validation of your claim, you are prohibited from filing any notice of lien and /or levy or judgment and are also barred from reporting any derogatory credit information to any credit reporting agency, regarding this disputed purported debt.\nFurther, pursuant to the Fair Debt Collection Practices Act 15 U.S.C 1692 ( g ) ( 8 ), as you are merely an agency or other governmental unit of the United States, acting on  someone elses behalf, this is a demand that you provide the name of the original principal or holder in due course, for whom you are attempting to collect this alleged debt. \nPlease take notice that this legal notice will be forwarded as a criminal investigation of the business practices of the above, named organization or other governmental unit, its agents, officers, employees and attorney to determine violations of the United States criminal laws. Your claims of collection of a purported debt appears to be founded upon a false record in violation of U.S.C Title 18 -2071 and 2073 ( falsifying records ) and further ; uttering and possessing false obligations and counterfeit securities based upon the falsified records in violation of U.S.C Title 18 -471,472,473and or 513, and further using corrupt business practices to make and possess false records and claim if obligation, not substantiated by truthful facts in violation of the Federal Racketeer Influences and Corrupt Organization ( RICO ), U.S.C Title 18 1961 et.seq and further using the U.S. Mail to present such fraud and false instruments amounting to Mail Fraud, criminal conduct falling under Title 18 U.S.C -1341 Frauds and Swindles laws, and further sending mal with false and fictitious names, criminal conduct falling under Title 18 U.S.C -1842 Fictitious Names. IE XXXX XXXX. ALL INFORMATION WILL BE FORWARDED TO THE TEXAS INSPECTOR GENERAL OFFICE AND IRS CRIMINAL DIVISION TO INVESTIGATE RENTDEBT USA UNDER THE BANKING SECRECY ACT AND THE PATRIOT ACT UNDER AS WELL AS ALL MONEY INSTRUMENT TO BE DISCLOSED. \nTAKE NOTICE XXXX XXXX failure in providing respondent with the requisite verification, validating the above referenced alleged debt within the requirements of law as codified in the Fair Debt Collection Practices Act, Fair Credit Reporting Act, Banking Secrecy Act, Patriot Act and the corresponding laws of each state, signifies that Debt Collector tacitly agrees that : A. ) Debt collector has no lawful, bona fide, verified claim, re the listed accounts : # B. ) Debt Collector waives any, and all claims against respondent C. ) Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs, fees and expenses incurred in defending against this and any, and all continued collection attempts, re the above-referenced alleged accounts.\nD. ) Failure of Debt Collector to properly and legally verify/validate alleged debt as required in this notice us a self-executing irrevocable power of attorney authorizing Respondent/Alleged Debtor named herein to direct the permanent removal, on behalf of the alleged Creditor, of any, and all references to said accounts in any, and all credit reporting agency files of any type. \nThis response will constitute my effort to resolve this on-going debt claim between the parties involved. Until full disclosure on and for the official public record with a signed affidavit attached is achieved, there can be no case, collection or action. No civil or criminal cause of action can arise lest, out of fraud, there be valid, honest contract See XXXX XXXX XXXX 249 P. 2d 257,260 Furthermore Title 12 U.S.C -411 Federal reserve notes, to be issued at the discretion of the Board of Governors of the Federal Reserve System for the purpose, of making advances to Federal reserve banks through the Federal reserve agents as hereinafter set forth and for no other purpose, are authorized. The said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federal reserve banks and for all taxes, customs, and other public dues. They shall be redeemed in lawful money on demand at the Treasury Department of the United States, in the city of XXXX XXXX XXXX XXXX, or at any XXXX XXXX XXXX.","date_sent_to_company":"2017-10-31T20:55:33.000Z","issue":"Attempts to collect debt not owed","sub_product":"Mortgage debt","zip_code":"752XX","tags":null,"has_narrative":true,"complaint_id":"2717204","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"RentDebt Automated Collections, LLC","date_received":"2017-10-31T20:35:04.000Z","state":"TX","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":"Debt is not yours"},"highlight":{"complaint_what_happened":["Provide verification from the <em>stated</em> <em>creditor</em> that you are authorized to act for them.\n16."]},"sort":[10.345337,"2717204"]},{"_index":"complaint-public-v1","_id":"4682393","_score":9.666393,"_source":{"product":"Mortgage","complaint_what_happened":"On numerous occasions Mortgage Co has lost, misplaced and misappropriated payments made by us. I am XXXX and my husband is XXXX we both have many health issues. On numerous occasions over the course of several years our mortgage co has lost or misplaced payments made by us and threatened and began foreclosure. Each time I had to get outside help to sort it out before the mortgage company found our money and applied it properly to our account. I believe this Senior Abuse and Misappropriation of Funds and Bad Business Policy. \nI believe they were trying to harass. stress and confuse us so they could steal our home. \nMy husband and I filed a Bankruptcy Chapter XXXX Wage Earners Case in XXXX of XXXX. Our mortgage was not part of the bankruptcy, but several months of past due payments ( due to medical issues ) were included. However, due to more medical issues and bills during the course of our bankruptcy, we fell behind on our mortgage payments again and on XX/XX/XXXX our attorney XXXX made a stipulated binary arrangement with our mortgage company for us to pay {$760.00} over our regular mortgage payment with the bankruptcy court until we were caught up. I made each payment by phone, recorded the name of the clerk and confirmation numbers and also told the clerk each time that part of the payment was a binary payment. This seemed to confuse them and I was afraid the binary payments werent being applied properly so I started paying in two payments on same date stating which one was the regular mortgage payment and that the {$760.00}. XX/XX/XXXXwas a binary stipulated payment that our BK trustee set up. \nMy XX/XX/XXXX statement listed my monthly payment as only {$840.00} due on XX/XX/XXXX. I didnt know why payment was so low but felt they were trying to trick me and steal our home. \nIt also had in the summary of Amounts Past Due Before Bankruptcy Filing as the total pd XXXX and current Balance XXXX. I wanted this explained. As there was listed in Breakdown of past payments box a partial Payment unapplied of XXXX and I wanted to know if not applied- Why? And where was it being held and if it was collecting interest. \nOn XX/XX/XXXX I called and spoke to a XXXX  at which time I paid my {$1300.00} regular mortgage payment and then asked her to transfer me to the BK Dept but I was sent to a mailbox system. I never got through to someone to speak to anyone so never got those questions answered. \nXX/XX/XXXX Statement also listed monthly payment as XXXX due XX/XX/XXXX ; and still showed {$2200.00} as current balance of Summary of Amounts Past Due Before Bankruptcy Filing. But it showed no partial payment unapplied in the box as before. \nXX/XX/XXXX I called Our mortgage company to ask why an amount which I knew to be incorrect was listed on our monthly statement as being past due. I asked for my contact persons name and was told I had none at this time. I was told that the bankruptcy payments were being paid to XXXX XXXX XXXX XXXX by or to a XXXX. I didnt understand what was being said or going on, but I paid my regular payment of {$1300.00}. and finally someone transferred me to BK Dept where I spoke to a XXXX  who said she can not even see, readback or answer any questions about my statement but could only answer BK related questions, but did say XXXX had been paid to this account from the Bankruptcy Court Trustee. I told them it should have been paid from payments made by us to our Ch XXXX account which I paid online and had a clear record of each payment which I could easily prove ; and she then referred me back to main number. I kept asking her questions and she said payments have been made to XXXX XXXX XXXX XXXX Finally she saw the amount of {$5300.00} and said she was checking to see if that is what Trustee was supposed to be paying. I asked if it is outstanding? She said no, Im still checking to see what it is. Not giving me a breakdown. I asked if she could give me more information. She said basic info only. Then she said the Stipulation was written on XX/XX/XXXX and contractually due on XX/XX/XXXX. And as of that day we were 3 payments behind on the Stipulated payments. And that on XX/XX/XXXX wed be in default and foreclosure would happen. \nI was told that I had to speak with their BK Dept because they couldnt discuss my statement due to our bankruptcy, and gave me a number to call. I was given ext XXXX I called it, but had to listen to recording 2-3 times before got an extension prompt and then I was put on hold for 45 minutes and then it disconnected. \nI called again and after having to listen to a loop recording for a very long time at XXXX I was told by a recording that Id get a call back in 11- 16 minutes. But I didnt get a call back by XXXX so I called again and spoke with a XXXX who gave me an 800 number to call and said I must get any statement questions answered by BK Dept because she is not allowed to discuss anything except take a payment. She did, however give me a name of a person who I was told was my single person of contact XXXX. Up to that point -- although Id called dozens of times -- Id never heard of a person of contact let alone XXXX. \nThis continued in a circle for most of the morning until I was totally confused and exhausted. \nI called and left a message for XXXX and then called our attorney who contacted the Bankruptcy Trustee. \nI was told we had to prove that the stipulated binary payments in question were paid, which I did ( Please see attached copy of my letter dated XX/XX/XXXX to XXXX, our attorney listing paymentsI also sent her a copy of bank statements showing payments ; and copy of our attorneys email dated XX/XX/XXXX to XXXX, BK paralegal for our mortgage company. So the issue of our stipulated binary payments was caused by our mortgage company, or the BK couXXXX, not applying my payments to proper account and our mortgage did not go into default. \nXX/XX/XXXX statement again had incorrect payment amount. This time XXXX due on XX/XX/XXXX, which this time I paid instead of the regular pmt of XXXX. Then I asked the same questions I had in the past ie why statement shows past bal when it should be XXXX after our BK, AND why a late fee on XX/XX/XXXX when they cant charge a late fee on amounts pd through the BK court. And what is partial pmts unapplied?? and where is this money being held?? and is it earning interest?? and who is getting paid the interest. I was told to talk to BK Dept. \nXX/XX/XXXX Statement showed our true regular {$1300.00} as payment due. I asked to pay it and was transferred to the BK Dept where spoke to a XXXX and made my regular {$1300.00} payment. \nOn XX/XX/XXXX, XXXX we were notified of change of escrow payment. \nRegular Mortgage Payments stayed {$1300.00} for next few months, though I never got my questions answered about why the amount of past due before BK filing was not being paid down as they should. Also not answered : why and where were all the partial payments and were they gaining interest and who was getting it?. \nI was told early on that after BK was finished all past payments would have been made and we would be current. \nHowever after our last payment to Bankruptcy Trustee was cleared our statements still showed a balance owed in the summery. I was told by our attorney that it is taking a couple months longer than usual for everything to get updated due to COVID slowing things down because office workers mostly worked from home and it took longer to process everything and get docs signed off and back to Trustee and filed. But the past due amount continued to stay on our statement so I called again even after we got the Letter of Completion from BK Court. \nWhen I called Our mortgage company to inquire, I was told the statement went out prior to my payment being processed. \nXXXX Still trying to get questions answered, this time I was given XXXX email : and ext again. I went to web portal and set up a phone appointment with XXXX for Fri XX/XX/XXXX @ XXXX. \nCalled BK trustee and called Our mortgage company again and made regular pmt of {$1300.00}. XX/XX/XXXXStatement Dated XX/XX/XXXX due XX/XX/XXXX shows a past due of {$1300.00} with a total of $ XXXXdue. This in an error. We do not have a past due balance. \nWe went through this last month as well. After calling my attorney, who contacted the Bankruptcy Trustee I received a document ( dated XX/XX/XXXX ) from Trustee stating that \" The Bank of, as Trustee for the Certificate holders of XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX-Through Certificates, XXXX XXXX agrees that the debtor ( s ) ( have paid in full the amount required to cure pre the prepetition default on the creditor 's claim. \nPlease see attatchment. Also please note I paid the XXXX pmt on XX/XX/XXXX and it cleared my bank XX/XX/XXXX. There is and was NO past due that month. \nI tried to clear this up for most of the day, making numerous calls trying to get through to XXXX, and then I tried making my payment via the automated service and was given a different amount due than what is on the statement ( {$2700.00} ), I hung up and called back and spoke with XXXX ext who also gave me a different amount due ( {$2200.00} ), at which time I made the reg pmt for XX/XX/XXXX of {$1300.00} Conf # After taking my pmt she transferred me supposedly to the BK Dept to discuss this problem but after 40 minutes on hold another XXXX answered who was in the Customer Service Dept. She said all she could do was to transfer me to the BK Dept -- that was after 19 more minutes on hold again.\n\nAfter a few minutes on hold it sounded like someone was going to answer, but instead hung up on me! I was on the phone to our mortgage company from XXXX to XXXX most of that time I was on hold!! \n\nXX/XX/XXXX I called and spoke to a XXXX and told her the wrong pmt amt is listed on statement XX/XX/XXXX. She said only {$1300.00} was due. Then said must talk to BK Dept and transferred me to where a recording said no one was available and leave a request for call back and they will usually return call within 24-48 hrs. \nI called XXXX at ext again, this time I was able to leave a message. Hes supposed to call back in 24 hrs.He didnt. \nXX/XX/XXXX I called again and was told foreclosure was being started. I asked to speak to the person whom I had been told was my one person of contact, XXXX. I was transferred and put on hold a very long time and when XXXX got on the line he restated that I was {$2700.00} past due and foreclosure was being started, I protested and asked what it was for and after putting me on hold for several minutes he ( XXXX ), without explaining what it was for, said if I paid {$860.00} right now I would be all caught up. But I had to pay it right now. I felt afraid and coerced, so I paid the {$860.00} and it cleared my XXXX XXXX XXXX XXXX account on XX/XX/XXXX. Please note that I had paid our regular mortgage payment of {$1300.00} on XX/XX/XXXX and it cleared on XX/XX/XXXX. I also received a Response To Notice of Final Cure Pmt dated XX/XX/XXXX wherein Our mortgage company states that we have paid in full the amount owed prior to bankruptcy. So WHAT was I being charged for and WHERE did it go? \nThe next month the {$860.00} AMOUNT payment still had not shown up on my statement, however the amount due showing was the regular monthly payment. I called and asked where the {$860.00} was applied because I dont see it on my statement. and I was put on hold for a very long time and then it was disconnected. I kept calling and I asking for payment history and each time I was transferred and put on hold for a long time then put on hold again for long time until finally it was disconnected. This happened repeatedly. I was finally given extension XXXX again, but it went to a weird recording and hung up. \nBut at least the proper amount for my mortgage payment was on our statement. \nHowever, XX/XX/XXXX statement due XX/XX/XXXX showed payment due only XXXX --??? I called and was told it was actually {$1300.00} so I paid {$1300.00}. \nXX/XX/XXXX Statement due on XX/XX/XXXX showed a different amount that of {$1600.00} as reg payment.. Not only that but it also showed a past due fee of {$250.00}. I called and spoke with XXXX XXXX who said reg payment due was XXXX and ZERO past due. So I paid XXXX She said that the statement went out prior to payment being processed and that the statement and payment passed each other in the mail. \nXX/XX/XXXX Statement due XX/XX/XXXX same thing with the {$250.00} past due fee. I called to make a payment but asked a XXXX about the {$250.00} and got the same answer statement date is 4th and your payment passed in mail. I pointed out that this was the. 3rd month this happened and never happened in all the prior months since the beginning of my loan. She said she would get a Specialist to help me. So XXXX from Customer Serv got on line and was going to send me to the BK DEPT but instead the Loan Servicing Dept to dispute it, and I was given a fax # XXXX. I asked for a supervisor and a XXXX '' Team Lead in Customer Service got on. When I asked if she was a Specialist she said They call us that in other departments because we are more knowledgeable She told me that the {$250.00} was not a late fee but a BK fee from XXXX and was found when assessed in XX/XX/XXXX. She said she would email invoice to me. She didnt. \nI called and again asked about the {$250.00} and was told that my account had been audited and the {$250.00} was a Bankruptcy fee from XXXX that had been overlooked, and just uncovered. I disputed this as it was over 10 years old and I have a letter from Our mortgage company stating that they agreed that we had paid in full the amount required to cure the petition default on their claim. \nI received a letter from our mortgage company acknowledging my dispute of the {$250.00}. And called it legal fee charges on the referenced loan. And said the fees were valid and will not be removed. \nI called my bankruptcy attorney and she said that she was no longer the attorney of record since our bankruptcy had closed. \nIn meantime I kept looking at my statements but the {$860.00} amount was never listed as being paid to my account, XX/XX/XXXX I contacted Senior Alliance in my city, who referred me to XXXX XXXX XXXX XXXX XXXX  ( XXXX  ) in XXXX, CA for help. \nAfter several letters from myself as well as from XXXX to Our mortgage company went unanswered XXXX XXXX XXXX talked to me about making a conference call to Our mortgage company which I agreed to do, and they said they would set it up. \nOn XX/XX/XXXX during the conference call between myself, XXXX of XXXX and XXXX of our mortgage company, XXXX said they would send me my accounts complete transaction records -- but it would take some time to gather them. \nI received 2 letters from Our mortgage company stating they were working on getting the documents to me. \nSatisfied that I would receive the transaction history, XXXX ended their service and referred me to your agency to pursue a complaint on how they have handled my account. \nI called my Bankruptcy attorney again concerning the {$250.00} late fee/ BK fee/ Attorneys fee, and she told me to pay the {$250.00} because she would charge me more than that to fight it, but she would send me a document showing Our mortgage company signed off on the bankruptcy. This caught me at time when I was ill and literally defeated and sick & tired of businesses and people letting us down and taking advantage of we elderly ones. I went ahead and paid I paid the {$250.00}, though I said I was going to fight for a refund. I feel we were cheated then and I also feel we were cheated out of the {$860.00} payment I made through XXXX. \nXX/XX/XXXX I did finally get our transaction records from Our mortgage company Mortgage ( see attachments ), ( the payment of $ XXXX is not listed, as well as a letter with confusing information addressing my questions that Ive been asking for over a year. PLUS I can see NOWHERE where they applied the {$860.00} that I paid to my mortgage account, although it was clearly deducted from my bank account and paid to Our mortgage company mortgage. ( see copy of Bank of the Statement ) In the letter dated to me it looks like they moved funds and put names on them to their benefit. For instance I was told twice that the {$250.00} was a XXXX BK fee but they now labeled it Legal Fees Step 4 : What company is this complaint about? Our mortgage company Mortgage It also looks like they are transferring our account to another companyis it still one of their entities? I really feel helpless and afraid they will end up swindling us out of our home of 20 years. At our ages ( Im XXXX & next month XXXX -- my husband will be XXXX ) what would we do and where would we go? All the confusion and stress theyve put us through has had an impact on our health and well-being. And to do this during a Pandemic when the elderly is already under a great deal of stress is heartless.","date_sent_to_company":"2021-09-01T20:50:21.000Z","issue":"Trouble during payment process","sub_product":"Conventional home mortgage","zip_code":"954XX","tags":"Older American, Servicemember","has_narrative":true,"complaint_id":"4682393","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Shellpoint Partners, LLC","date_received":"2021-09-01T19:36:35.000Z","state":"CA","company_public_response":"Company believes complaint is the result of an isolated error","sub_issue":null},"highlight":{"complaint_what_happened":["After calling my attorney, who contacted the <em>Bankruptcy</em> Trustee I received a document ( dated XX/XX/XXXX ) from Trustee <em>stating</em> that \" The Bank of, as Trustee for the Certificate holders of XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX-Through Certificates, XXXX XXXX agrees that the debtor ( s ) ( have paid in full the amount required to cure pre the prepetition default on the <em>creditor</em> 's claim. \nPlease see attatchment."]},"sort":[9.666393,"4682393"]},{"_index":"complaint-public-v1","_id":"6926616","_score":9.209839,"_source":{"product":"Debt collection","complaint_what_happened":"Debt collector obligations\n 809. Validation of debts\n\nXXXX XXXX XXXX XXXX XXXX XXXX XXXX  Florida. XXXXXX/XX/2023\nRAS LaVrar, LLC\nXX/XX/FL XXXX  \nYour Reference XXXX XXXX  \nDear Debt Collector:\n\nHere's the relevant section of the FDCPA, 15 U.S.C. 1692g, on debt validation, for your response, prohibitions and obligations:\n 809. Validation of debts\n(a) Notice of debt; contents\nWithin five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --\n(1) the amount of the debt;\n(2) the name of the creditor to whom the debt is owed;\n(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;\n(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and\n(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.\n(b) Disputed debts\nIf the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer's right to dispute the debt or request the name and address of the original creditor.\n(c) Admission of liability\nThe failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.\n\n\nI am responding to your attached letter(s) about a purported debt as set forth in your attached letter(s).  I request that you mail me a written Validation of Debt which must include all of the proof and documents described at length below. I vigorously DISPUTE the purported debt in its entirety.  This is NOT my Debt and I DISPUTE it. I want you to send me by XXXX  mail the name and address of the original creditor and any successors in interest or transferees, if any.  I do not have any responsibility for the purported debt youre referencing and trying to collect. So I DISPUTE it.  This is not my purported collectible debt. Again, I want to make it absolutely clear by repetition that I DISPUTE it in its entirety so that you can clearly red flag and mark your files as DISPUTED to avoid Willful FDCPA violations.  If you have good reason to believe that I am responsible for this DISPUTED purported debt, mail me by XXXX  every document in your and your clients entire file, including but not limited to every direct and indirect written dispute with the CFPB, CRAs  or otherwise including those documents that make you believe that the purported debt is valid, enforceable and collectible.  Immediately STOP, DESIST and CEASE all other and further communication with me and with this address, (except to respond one time in writing by XXXX  mail to my request for every piece of proof of the purported debt that would be presented to an ARBITRATOR or in a federal motion for summary judgment with incorporated memorandum of law) and record that I vigorously DISPUTE having any obligation for this purported debt. The XXXX, email, text messaging, social media or other unsecured communication means cannot be trusted to safely and securely deliver mail and communications or to prevent receipt by unauthorized individuals, at other addresses, by accident, scammers, fraudsters or negligence.  To wit, much of my XXXX  mail is delivered opened and tampered with and read by others many times as, for example, the name and address window is not visible due to mailing incompetence. Similarly, the XXXX  tracking service for certified mail is unreliable and cannot be trusted.  I am requesting no further communication of any kind whatsoever to therefore prevent mail or communications to be received at other addresses due to sender issues, hackers, scammers, and XXXX  errors and negligence.  Likewise, kindly immediately STOP all further unwanted direct and indirect text messages, emails, phone calls, voice messages, or any other social media or other communication with me regarding your attempts to collect the purported DISPUTED debt.  I have made about 100 CFPB complaints regarding FCRA and other violations and I suspect that the recent XXXX XXXX CFPB DATA BREACH affecting at least 256,000 consumers has almost certainly affected me so I must be overly careful to guard against scammers to limit erroneous release of my private data and communications. For this and other obvious reasons, I need you to STOP further communications and I obviously need the requested documentation proof regarding any claims as any claims are suspect absent complete documentation. Notice is Given that I forever object to the voice recordings of any kind and I therefore do not consent for anyone to record calls with me without my prior written consent which I will never authorize. Once a debt collector receives this letter requesting that they immediately STOP contacting me in any way, theyre not allowed to communicate with me again except to tell me there will be no further contact, provide me with documents requested, or advise me of specific planned legal actions within 20 days that may legally be allowed, such as filing an Arbitration action against me as a lawsuit is not permissible and cannot be threatened under the FDCPA if an Arbitration Agreement exists. So please dont threaten me with any barred court litigation which would violate any Arbitration Agreement as I will consider it a violation of state and federal statutes. If you stop your collection of this purported debt, and forward or return it to another company, please indicate to them that it is DISPUTED in its entirety by forwarding all past documents in the file and communications including this letter. If you report it to a credit bureau (or have already done so), also report that the debt is DISPUTED as required by FCRA, FDCPA and the 350+ page Metro 2 Compliance protocols. I insist on compliance with every applicable state and federal statutes, including but not limited to the FCRA and FDCPA.  Any willful past, current or future violations of credit reporting and collection procedures shall incur maximum statutory and punitive damages plus attorneys fees and costs against violators, personally or otherwise.  I have reviewed my entire credit reports of XXXX XXXX dated XX/XX/2023 and XXXX datedXX/XX/2023 and the account number referenced in your letter is not included in my credit reports, possibly due to reckless negligence in data reporting under the Metro 2 compliance protocols contained in its 355+ page manual.  Accurate account number reporting of accounts is required under Metro 2 to prevent purported accounts from being inaccurately reported twice (or more) instead of once otherwise additional willful FCRA violations and statutory damages shall accrue.  Since my XXXX and XXXX credit reports do not contain your referenced account number, I must consider that it involves identity theft for which your obligations must be followed exactly as required.  I have never received any Notice from anyone  stating that you are a bona fide authorized agent for Debt collection purposes. So consider this letter a formal Notice that I DISPUTE the purported debt due to IDENTITY THEFT.  Moreover, I need to know your opinion and representation as to whether the documents which I need and request will include an ARBITRATION clause which would require disputes to be resolved through ARBITRATION rather than a United States District Court individual or class action lawsuit.  While I believe credit card accounts with your purported client may contain MANDATORY ARBITRATION clauses, I cannot be sure without all the purported agreement documents and a binding representation. The CFPB has warned consumers to be on the lookout for Identity Theft and bill/debt collector SCAMMERS falsely claiming entitlement to amounts not owed.  I obviously need the documents requested and I will continue to consider this a matter of IDENTITY THEFT unless and until I receive an AFFIDAVIT from the purported original creditor providing me all the requested documents.  In XXXX XXXX I was a victim of Identity Theft when scammers wiped out my checking account funds due to my bank breach and bank error when multiple debit card numbers were submitted and approved by possible random guessing without my card expiration date, 3 digit security code, Name, address, or other required data to process a transaction.  I never used the debit card and my debit card was safely locked away and under my exclusive control at all times.  After multiple calls and secure messages to my bank, I filed a complaint with the CFPB and the bank still has not discovered how the breach and fraud happened.  If a random guess at a debit card can wipe out my checking account, it would be easier to guess at bank credit card numbers in a debt collector scam warned by the CFPB.  Are you a SCAMMER victimizing me with IDENTITY THEFT?  Are you trying to SCAM an elderly senior citizen? I need AFFIDAVITS with the requested proof.  I need the requested proof! I will not get scammed again.  I trust NOONE, even XXXX  attorneys.  Get your ducks in a row!!!  I would not be happy if I am forced to file a U.S. District Court action only to be faced with a Motion To Compel Arbitration due to concealment of agreement documents.  Any such frivolous conduct would be rightfully countered with my Motion for Summary Judgment and a temporary restraining order request to punish violators for willful FCRA violations and other statutes, further claiming a WAIVER was created by concealment.  If warranted, I will have no problem also naming the CFPB and its Director, Rohit Chopra, in any federal court action to the extent necessary to obtain 100% compliance with the FCRA, FDCPA and related statutes. I also advise you that I am a XXXX  years old XXXX XXXXXXXX and American with XXXX in poor health and judgment proof and all my income is from EXEMPT sources such as federal Social Security benefits with my average balance in my social security account is below my monthly SS deposit and never more than 2 times my monthly deposit.  I simply have no assets or income which anyone can attach from pointless, abusive or frivolous litigation intended merely to harass and abuse me. Moreover, last year I have been affected by medical malpractice, COVID-19, a declared natural disaster by a direct hit by Hurricane Ian, illnesses and other medical matters all at the same time.  Plus, as stated ago, my checking account was wiped out by fraudsters.  Moreover, I discovered that my credit file reported false delinquencies even though I actually had a perfect credit payment record and such concealments reduced my credit score by XXXX XXXX totally destroying my credit. Everything bad happened to me all at once starting with medical malpractice, health issues and SCAMMERS and then by Hurricane IAN and then by creditors promising publicized payment deferrals yet then falsely reporting delinquencies.  My credit reports are inaccurate and incomplete as the required coding for my situation is not on my credit report for any listed account. How hard is it to insert the Metro 2 code XXXX into every account?  Do you even know what XXXX means?  However, I am ready, willing and able to litigate and defend any frivolous litigation or arbitration including seeking relief from the U.S. Court of Appeals for any appealable order including the delay or denial of injunctive relief requests.  I shall also insist on compliance with federal Rule 11 and motions for Rule 11 violations shall be filed promptly after the expiration of applicable safe harbor periods for incurred violations.  Moreover, if I live long enough, I am prepared to seek personal XXXX XXXX bankruptcy relief if and when necessary, filing objections to all claims and submitting my claims for damages through bankruptcy adversary proceedings. Do you want to pay an Arbitrator XXXXXXXX to gain nothing?  Do you think you can avoid my XXXX  XXXX requests and information subpoenas?  Do you want the CFPB to come after you when you violate your obligations? \n\nAgain, I am responding to your contact about a purported debt you are attempting to collect which, as stated multiple times, I DISPUTE in its entirety.\n\nAgain, please STOP all direct and indirect communication of any kind with me and with this address about this purported debt except to respond to me in writing regarding my requested documents by delivering me requested documents.  Furthermore, due to hearing problems and issues, I am unable to receive phone calls so I am unable to discuss any matter over the phone or otherwise under any scenario.  Just STOP all communications!  The Telephone Consumer Protection Act (TCPA) restricts calls to residential and wireless telephone numbers absent the prior express consent of the called party.   I do not want any calls or direct or indirect communications of any kind whatsoever to be made to me in the future. I do not consent to receiving any calls made to me in the future and any calls received by me after you receive this letter shall be considered willful violations of the TCPA for which maximum possible penalties shall become automatically and immediately due and owing to me by violators without notice.\n\nAgain, record and prominently FLAG in your records that I forever DISPUTE having any obligation for this purported debt.  Again, if you forward or return this purported debt to another company, please indicate to them that it is DISPUTED. If you report it to a credit bureau (or have already done so), also immediately report that the purported debt is DISPUTED.  Once I notify a CRA and/or Furnisher and/or Debt Collector that I DISPUTE data (such as this dispute) my credit report MUST INDEFINITELY include the required PERMANENT Notice that the account is DISPUTED BY CONSUMER even if the CRA/Furnisher/Debt Collector disagrees.  If my credit report from any CRA has at any time in the past (or in the future) included an account related to your purported disputed debt without the required DISPUTED status, then such FCRA violation shall be considered a Willful, wanton, malicious, deliberate, abusive and intentional violation for which the maximum statutory damages of XXXXXXXX shall be sought against every violator, plus punitive damages.  Metro 2 is quite complex and impossible to comply with so the best procedure of reporting is to never report at all and to never change, delete, update or alter dispute status as such will almost certainly result in manual negligent incompetent user errors for which damages will accumulate quickly to entirely offset purported debts.  While some untrained incompetent employees may willfully violate the FCRA to purposely destroy a consumers credit score in hope to collect purported disputed debts under duress, I demand compliance with the FCRA, FDCPA and every other statute.  In my opinion, Furnishers/Debt Collectors are best served by permanently DELETING from credit files Disputed/Uncollectible accounts to mitigate damages from Furnisher/user errors and willful unlawful conduct.  Every interaction with a creditor, a CRA and/or debt collector constitutes an opportunity for me to obtain statutory, punitive and other damages, including attorney fees, when laws are broken for willful and negligent non-compliance with known statutory requirements and protocols.  The best possible settlement obtainable would be to walk away and abandon any and all disputed purported uncollectible claims otherwise I will be one your creditors with exponentially increasing claims after you continue to violate my rights.  I never agreed to permit anyone to report inaccurate or incomplete information of any kind on my credit report.  I have never been offered my statutory right to OPT-IN or OPT-OUT of credit reporting to protect my right to privacy to prevent FCRA violations.  I hereby unconditionally and unilaterally REVOKE and terminate for CAUSE any imaginable right to report data of any kind on any of my credit files with any CRA.  Obligations under the FCRA, FDCPA and other debt collection and reporting statutes TRUMP any purported creditor claims so compliance of every statutes is a precondition to collect and report any purported claims.  If you want to do business with consumers, you must first learn how to comply with extensive ever changing obligations, including Metro 2, which is impossible to accurately report even by a specialist due to arbitrary and confusing possibilities. Stated another way, an original credit card purported creditor is not entitled to collect claims unless and until all its obligations have been satisfactorily completed without violations of any law.  You should be careful to comply with mandatory statutory imposed record retention requirements to enable the CFPB to administer and carry out the purposes of the FCRA, FDCPA, the Dodd-Frank Act, as well as to prevent evasions thereof. The record retention requirements also will facilitate supervision of debt collectors and the assessment and detection of risks to consumers.  The CFPB has published a comprehensive checklist to audit and insure compliance with regulatory obligations.  I suggest you review the checklist to insure compliance before responding to me.  You should know that as soon as Hurricane IAN hit me directly and my health was affected by COVID-19 and other health issues with other issues plus a wipe out of my checking account, I diligently contacted every creditor seeking publicized payment deferrals and other relief only to be effectively denied relief by incompetence.  The general creditor response was to retaliate against me for merely asking for relief by inaccurately reporting every account inaccurately.  No one knows how to code Metro 2 except for simple payment reporting but when things get changed errors are everywhere, either negligently or willfully. If I made 100% of my payments and if I was never late how could credit reporting agencies say I was 60 days delinquent? More importantly, I discovered that each CRA provided me with conflicting data on my paper reports and my paper reports did not contain all the data reported to CRAs under Metro 2. Why is data reported on Metro 2 but concealed from my paper credit reports? Why do my paper credit reports only contain a small portion of data reported by Metro 2 and contained in my credit file? How can I properly dispute my credit file if 50% of the data in my CRA file is concealed from consumers? How can I discover inaccurate data on my credit file if 50% of data is concealed from me and excluded from my paper credit reports?  The entire credit reporting system is a disgrace in complete disregard for consumers rights and rights to privacy.  Every communication with a creditor seemed to result in negligent data entry errors by users.  Furnishers are incapable of complying with statutory obligations and the Metro 2 system. Again, I need every document, including every Metro 2 submission, submitted to every CRA to compare my numerous paper reports with data in my credit files reported via Metro 2. Moreover, many of the Metro 2 data fields are reported blank forcing fraudulent submission overrides rather than blocking incomplete or conflicting data. Even when errors are discovered and acknowledge by top senior bank officials in charge of USA credit cards, nobody knows how to correct inaccurate reporting even after reporting ETHICAL misconduct to the bank Chairman of the Board.  One bank even hires incompetent High School Graduates to handle CFPB disputes without any knowledge of the FCRA or Metro 2 protocols and obligations. I subscribe to a variety of services so I see daily changes to my credit files so I see the daily mistakes of credit reporting by erroneous coding under Metro 2. Many Many Many times I see a DISPUTE ADDED one day and then fraudulently and inaccurately REMOVED the next day. Everyone knows that Debt Collectors try not to report Disputes, even though required, as a dispute may not negatively affect a credit score which may hinder chances to force consumers to pay even fraudulent disputed claims as consumers generally want good scores.  Well, the system tanked my scores needlessly!   Is your Debt Collector commission of peanuts worth $100,000+ in attorney fees and punitive damages?  Do you want to risk the CFPB coming after you demanding $10,000,000+?  Do you want to lose clients and be put out of business by the CFPB?  I object to having accounts reported on my credit reports as reporting is unconscionable!\n\nWhile your letter fails to disclose what I consider a complete mandatory inclusion of the statutes set forth at the beginning for consumers rights regarding Debt Validation, I am responding even though the failure to respond would not have consequences in litigation.  The CFPB and others suggest some of below type of questions for Debt collectors to respond to.  I like to purposely repeat points so that there can be no misunderstanding about what I am writing about and requesting. \n\nPlease supply the information below so that I can be fully informed:\nWhy you think I owe the purported debt and to whom I owe it, including:\n\n The name and address of the creditor to whom the purported debt is currently allegedly owed, the complete account number used by that creditor and the previously issued account numbers, if any, the complete account number reported to every CRA for current and past account numbers and the detailed amount allegedly owed since inception including amounts and all data reported to every CRA.  Please note that there is no reason to NOT report a complete account number in letters and credit files especially when an account has been closed to future transactions especially if consumers have ZERO liability for unauthorized activity, especially after closure.  If an account has been closed or an account number has changed in the last 7 years, please send documentary proof of the dates of closure and/or account number change and the dates reported of the mandatory mid-cycle update to every CRA to ascertain whether the mandatory Metro 2 protocols have been compliant or violated. If this purported debt started with a different creditor, provide the name and address of the original creditor, the entire account number used by that creditor, and the detailed amount owed to that creditor at the time it was transferred. When you identify the original creditor, please provide any other name by which I might know them, if that is different from the official name. In addition, tell me the exact date and complete terms of the relationship when the current creditor and/or debt collector obtained the purported debt and who the current creditor obtained it from.\n\n Provide verification and documentation that there is a valid basis for claiming that I am required to pay the purported debt to the current creditor. For example, can you provide a copy of the written agreement that created my original requirement to pay?  Again, I need to know about any ARBITRATION provision buried into any original or amended agreements as I cannot rely on the search results of the CFPB or other websites. I also need any purported contract provision that authorized the reporting to a CRA (if it exists) which I hereby revoke as invalid ab initio if any data was inaccurately reported to any CRA, either willfully or otherwise.  Reporting to a CRA must be 100% accurate otherwise DELETION is mandatory. Inaccurate credit reporting, standing alone, is unconditional grounds to bar future credit reporting at the request of a consumer to guarantee the consumers right to privacy.  I object to credit reporting of all my closed and disputed accounts due to willful violations of the FCRA and other statutes.  \n\n If you are asking that I pay a purported debt that somebody else is or was required to pay, (such as an insurance company through a credit card benefit) identify that person or entity. Provide verification and documentation about why this is a purported debt that I am required to pay.\n\nThe amount and age of the purported debt, including:\n A copy of the every billing statement sent to me by the purported original creditor since inception.\n\n State the required Date of First Delinquency (month/day/year) with the detailed amount of the purported debt when you obtained it, and when that was.  \n\n If there have been any additional interest, fees or charges added since the last billing statement from the purported original creditor, provide an itemization showing the dates and amount of each added amount. In addition, explain how the added interest, fees or other charges are expressly authorized by the agreement creating the debt or are permitted by law.  If my purported account has been closed, state the date closed, and every change of interest rate thereafter including rate justification after closing.  If my purported account involves any CFPB claims and disputes for statutory or other damages for willful FCRA or other disputes, please identify precisely offsets of claims in statements and balances reported to every CRA.  \n\n If there have been any payments or other reductions since the last billing statement from the original creditor, provide an itemization showing the dates and amount of each of them.\n\n If there have been any other changes or adjustments since the last billing statement from the original creditor, please provide full verification and documentation of the amount you are trying to collect. Explain how that amount was calculated. In addition, explain how the other changes or adjustments are expressly authorized by the agreement creating the debt or permitted by law.\n\n Tell me when the creditor claims this debt became due and when it became delinquent.\n\n Identify the date of the last payment and amount made on this account.\n\n Have you made a determination that this debt is within the statute of limitations applicable to it? Tell me when you think the statute of limitations expires for this debt, and how you determined that.\n\nDetails about your authority to collect this debt.\n\n I would like more information about your firm before I discuss (in writing, of course) the debt with you. Does your firm have a debt collection license from my state? If not, say why not. If so, provide the date of the license, the name and previous names on the license, the license number, the valid status of the license and the name, address and telephone number of the state agency issuing the license.  Also provide me with any name currently and previously included as a debt collector for making CFPB complaints on its website.  \n\n If you are contacting me from a place outside my state, does your firm have a debt collection license from that place? If so, provide the date of the license, the name on the license, the license number, and the name, address and telephone number of the state agency issuing the license.\n\nI have asked for this information because I have some questions. I need to hear from you in writing with all documentation requested herein to make an informed decision about your claim that I owe this money. I expect a one time written communication for this purpose but only in writing provided you fully address each and every item of requested data I seek.  In order to make sure that I am not put at any disadvantage, in the meantime please treat this purported debt as being in dispute in its entirety. Nothing contained in my letter should be construed in any way as an admission of any responsibility whatsoever for the purported claim.  Failure to respond in writing controverting my allegations and points shall be deemed your admission by your non response  and all conflicts shall be resolved in my favor. \n\nIn addition to providing the information requested above, please let me know whether you are prepared to pay me for statutory and punitive damages in an amount not less than the balance you are claiming is owed. If so, please tell me in writing your offer with the amount you will pay me to fully resolve the account with an exchange of mutual general releases which, of course, would require permanent deletion from every CRA file of any reported data, if any.\n\nIn addition to the Federal Fair Debt Collection Practices Act, the Florida Consumer Collection Practices Act prohibits harassment, false or misleading statements and unfair practices by collection agencies and debt collectors. Some violations of these acts are listed below:\n1. They threaten to tell your employer or neighbors about the debt;\n2. Threaten violence against you;\n3. Threaten to have you arrested;\n4. Communicate with you or your spouse more than three times a week;\n5. Harass, intimidate, threaten or embarrass you;\n6. Imply that documents sent to you are legal documents or government\ndocuments;\n7. Imply that you can be deported; or\n8. Solicit a postdated check in order to threaten criminal prosecution.\n\nThe CFPB and advocates recommend consumers to also check to see if their state licenses debt collectors and if the company that is contacting them is licensed. If a state does not license debt collectors, check the registry for a neighboring state. Some states also provide licensing information to the XXXX XXXX XXXX XXXX at XXXX. That website will thus provide a few more states where the debt collector might be licensed.  I purposely repeat myself to make it clear that I need to know complete details of what licenses you are required to have and what licenses you have.  \n\nThe CFPB and others recommend the Stop Contact or Cease Letter strategy to stop collection harassment by writing the collector a stop contact letter, also called a cease letter. Then the collector can only acknowledge the letter and notify the consumer about legal steps the collector may take. This protection usually only applies to collection agencies hired by the creditor or debt buyers that purchased debts from the creditor, but even creditors collecting their own debts must honor such requests as basic agency law requires creditors to be responsible for actions of the bill collector agents","date_sent_to_company":"2023-05-03T20:45:56.000Z","issue":"Attempts to collect debt not owed","sub_product":"Credit card debt","zip_code":"32836","tags":"Older American","has_narrative":true,"complaint_id":"6926616","timely":"No","company_response":"Closed with explanation","submitted_via":"Web","company":"RAS LaVrar, LLC","date_received":"2023-05-03T20:33:40.000Z","state":"FL","company_public_response":null,"sub_issue":"Debt is not yours"},"highlight":{"complaint_what_happened":["I have never received any <em>Notice</em> from anyone  <em>stating</em> that you are a bona fide authorized agent for Debt collection purposes. So consider this letter a formal <em>Notice</em> that I DISPUTE the purported debt due to IDENTITY THEFT."]},"sort":[9.209839,"6926616"]},{"_index":"complaint-public-v1","_id":"2699374","_score":9.114304,"_source":{"product":"Debt collection","complaint_what_happened":"Please find that \" XXXX XXXX XXXX '' is acting as a Trustee under a disguise of a SELF Appointed Sub of Trustee role, indicating that a \" TRUST '' NAMED XXXX XXXX XXXX XXXX XX/XX/XXXX' is the owner who assigned them by some \" client of their own making named as a Servicer called XXXX. That the underlying investor named XXXX XXXX went defunct, and only \" assets '' moved to XXXX XXXX in XX/XX/XXXX '. However XXXX was informing they \" were '' the lender. Took funds from me for 7 years now those funds were OMITTED and forced into a mod OR foreclose - that increased the balance. XXXX said they were the \" Lender-Investor-Creditor '' then each Regulatory Agency said NO you ca n't be as nothing existed as this was non performing in 07 '. There are now over 8 lawsuits by regulators instructing XXXX to stop lying. Add confusion that XXXX acting as Servicer was bought by XXXX now XXXX claimed both roles. Rather than keep any of the agreements made under XXXX 's very extreme abuse which I encountered horrible lies told and moving into a full underwriting for a rewrite of a new mod - ( which at that time XXXX said I missed a payment to cause a default -this was not true ) I had made those payments. Furthering the abuses by XXXX turned to XXXX. XXXX admitted NO Lender can be known it is impossible. However while I was \" in '' underwriting for this very long awaited outcome of principal write down - XXXX made a mistake and caused an admitted mistake of a filing a Notice of Default. That NOD was filed \" Outside of CA Laws '' and the newly enacted Civil Codes including specific documents to be attached XXXX that were not attached and never attached - Filed a false affidavit as XXXX had full documents, and continued at that point to \" Transfer '' for a Debt Collection to Servicer XXXX when \" no underlying investors existed '' however XXXX did not care about any laws of California, and allowed XXXX 's own attorney firm acting now as the Sub of Trustee ; causing a Posted Sale during the transfer Time - Clearly CFPB Violations. Continued to cause dual hardship and later found that XXXX was NOT the Investor when asked to use \" Keep Your Home California '' as then found no investor existed. This did not stop backdated Fake assignments and claims by XXXX XXXX foreclosure to continue to make up fake Assignments and record at the XXXX County and then used in a Bankruptcy filing to make a non sensical link that is purely fictional. Then jumped again from 3 Attorney firms to make claims they worked for XXXX XXXX which was \" Impossible '' the other claimed to work solely for XXXX however on paper claimed another role - that of SUB OF TRUSTEE for a \" Creditor '' as under the DOT only a Creditor can Assign - however given no investor exists = The Attorney firms created the paper and used for the notary tag team of the Servicer to ACT as if some real party holding rights has given them an official power of attorney to allow employee 's of unrelated persons to act and now assign a new Sub of Trustee this was a double event, first using XXXX XXXX acting as SOT self assigned and now XXXX XXXX XXXX Acting as Trustee with claims that an owner under the DOT has assigned them however the only client existing is a Servicer \" claiming to have a client ''. During this entire fiasco of intense harassment, including interferences to property rights, use and income affected, without any concern the \" Attorney 's '' brought the FRAUD onto the Federal Court. The FRAUD of now which includes entirely made up fake assignments, and \" Forged Note ''. The Notes existing are the one most similar to XXXX XXXX XXXX Note perhaps found in the original XXXX XXXX XXXX as that is the only real lender related. However during many disputes each one diverted by deflection of no responsibility exists to answer or lame blame answers that are unrelated to the facts having caused an entirely Made Up Figures -along with a \" newly Created '' FAKE FORGED NOTE. Now this Note being claimed Due ( Which is Time Barred ; Has No owner : and was discharged after 10 years in a BK ) Now appears to have an \" Allonge '' that is pre-dated from the borrower/myself ever signing or seeing this Allonge. That once an Allonge is created it forever stays with the NOTE. This did not happen as NO Allonge existed. IT is clear that XXXX does not have that Allonge and provided a different note to answer Regulators in XX/XX/XXXX '. At the same time XXXX produced this same fake forged note with an allonge that was Dated BEFORE Borrower 's ever signed her note or loan documents. This makes NO VALID SENSE. Except of a Stolen note event. That NOTE includes an Allonge signed by someone named XXXX. That XXXX NOTE was presented to federal Court. That XXXX NOTE is a fake note being tossed to varied self Assigning Sub of Trustee 's having no concern of \" who '' or \" how '' their client has represented that they self assigned a role of SUB OF TRUSTEE - however typically made by their own firms attorney firm. Signed by a NON CREDITOR NON OWNER and pretending to use as if a real beneficiary has assigned them a role. Recording that SOT on the Courts and County Records. Then using this as proof to have been hired to act on behalf of a \" Creditor '' named as the Trust. This is bogusly corrupt. No REAL Client exists of the Creditor/Investor. No relationship to the SOT exists from the claims made. ONLY a Beneficiary can assign such a role. However in this event ONLY a Self monopolized role of a Servicer Self Servicing a Role that is NOT true and then being the ONLY client of the Sub of trustee in this case EVEN Though on paper a Sub called XXXX XXXX XXXX acting for XXXX XXXX XXXX XXXX however this is NOT True. XXXX \" only ' client is a Sub to a Sub to a transfer from 5 times back to end up in hands of non related parties and no underlying beneficiary. \n\nThe Note is no longer enforceable by any means. Rather than release the lien. A game is played that has now raised further illegal abuses to have occurred. That relates to an underground back door Deed Theft Ring happening and the \" Attorney 's hired '' by those fake claimed servicer 's are aiding the wrong party entirely to enter side dealings that compromise the integrity of our entire Court, and County Land Records.  At this very time, those attorney firms associated with the Deed Theft Rings are these SAME Linked parties. My other property was purely fictional Bank came and pretended a sale auction occurred -- NO Sale Date had occurred however these Attorney 's aiding wrong parties are now \" feeding themselves '' in new paths to aid the Deed Theft Rings. That right now over 100 Properties the ones I 've personally investigated this week alone all relate to time barred, no real underlying creditors and now instead of the Servicer claims those employee 's of both Servicer AND AUCTION Co and that of the pretender Sub of Trustee 's are allowing fake trustee 's deeds to wrong parties. Relentless in being brainwashed to think they have a \" client '' that is an Investor Beneficiary however knowing that this would be IMPOSSIBLE. That it is believed that no good faith, no duty of fair dealings whatsoever are possible when dealing with theft of this magnitude and pay outs that allow the largest attorney firms to make a ton of money related to false pretenses and think they can rule the entire system with fake documents. When XXXX was recently assigned as \" attorney ' associated to be the backbone of XXXX XXXX XXXX - assigned to this file - having already laid hands on my other properties to which has entirely fake persons making up fake assignments - in this situation, both XXXX and their role changing hats XXXX claim that they are all Exempt from ALL LAWS and any mistakes regardless of how BIG a mistake being made has only to land on Servicer 's back and that they can make any claims they want as playing role Trustee. However each time they are informed WRONG FIGURES - Failing and Omitted 7 years of payments, entirely made up forged affidavits, robo signers named as those in the NMS agreements, continue to slander my title with false documents by fake persons, fake claims and having no real underlying client. XXXX had stated that they will make sure to follow all laws under CA State as they are the Trustee and that is required however when pushed they claim \" Exemption '' from all laws. \n\nNow each CA Specific State law is not upheld. The NOD was filed defectively in the first place it is still and will forever be missing the \" XXXX '' as now it 's been nearly 5 years since that faulty NOD filed by XXXX 's inhouse council acting in all roles monopolized the system and had admitted that a mistake and misrepresenations were made at that time and thereafter. NOW a Posting of a Sale showing THAT MONEY IS OWED - no Debt is owed as this is Discharged after the 10 years in XXXX '. However this does not stop publishing of the same claimed debt. Now furthering was a Posting of a Notice of Sale by XXXX XXXX XXXX ACTING DECEPTIVELY - THIS INCLUDED MAILING TO WRONG ADDRESS. Skirting the proper notice. Then when informed of a dispute existing of figures, and of the debt - that informed XXXX of the varied lies encountered along with each lawyers firm hired that no longer exist 3 entire different firms found 2 of which were acting illegally and were closed - however never reversing the faulty NOD. Now underneath the chain of title is fake forged notes, and forged assignments by non related parties. The chain includes some back-dated assignments to unrelated parties not even the same as \" who '' is now claimed or \" who '' was claimed the time involved. Both XXXX and their Attorney firm named XXXX XXXX XXXX who \" XXXX '' continues to reference as \" their '' attorney firm however XXXX states NO they are ONLY XXXX XXXX XXXX XXXX Attorney Firm and that any mistakes are not their concern if made by Servicer. This tossing back and forth is deceptive. XXXX does interject and advertise that they are hired by the Banks and Servicer 's however now appears that this is a Front. That the servicer 's believe that they are handling legal aspects however NO ONE IS. The laws continue to be shaded and disregarded. \nA letter was sent to all parties in XXXX, and XXXX on \" figures '' and loan history requests ; again answered with \" Omitted 7 years '' ; Request was made to reverse the faulty NOD ; The letter of XX/XX/XXXX addressed no response from XXXX either as they stated they would confer and respond after the servicer response to make sure laws are followed then instead state ONLY DO AS INSTRUCTED by the Servicer - XXXX then apparently XXXX had instructed this firm to by pass the NOTICE Posting and fail to Properly Notice Homeowner, then has informed them to ignore all pre-foreclosure procedures including excessively moving sale dates more than 3 times and without regards to any \" answer '' to any concerns raised. No answers come. No Accounting to match their made up claims. No true rights exist by such illegal means. A continued pattern that has caused the Commercial Crimes Division to become involved on my files as the FRAUD IS ALL OVER THE Place. A few attorney firms refused this file. NOT XXXX as they throw it to XXXX XXXX XXXX and claim they are not acting as Attorney 's so this means they can break all laws in such a role. \n\nNow XXXX fails to answer AT ALL. ON XX/XX/XXXX a request was made for the full accounting and reinstatement figures under additional laws ; however XXXX and XXXX who share offices at times and other times separate themselves from any accountability by deflecting any means to by pass accountability to uphold laws. Now on XX/XX/XXXX attempts were made to XXXX for the pay off figures and instead of providing these figures, stated NO Such Department was operating as they were in the middle of a Move of \" that '' Department and at this time had no phones no internet and no access. That Department of payoffs and figures to cure the loan before a foreclosure was NOT AVAILABLE. Would not be available as they were at that time walking down the street hand carrying boxes. That this is the typically response it is always some \" other '' person or department and each call results in a claim someone will call back and not once has a call been returned. This has been a sham. That NO good faith is found. That at all times I could pay and afford my payments I was denied my rights, and I was lied to by \" each '' entity hired by this so called Servicer working on behalf of an \" unknown '' and impossible to know Beneficiary - however XXXX continues to instruct Nationwide Posting to Publish that a Beneficiary is somehow directing all actions including that of Nationwide Posting by a 3rd party named as SOT Sub of Trustee who is self assigning their role without any real client. I am asking that a chance be given to allow fairness rather than steal my house of 12 years that I made EVERY GOOD EFFORT and Paid and my money was stolen right from me and now being aided by this Threat of Foreclosure from faulty schemes and failing to follow the laws. Not one entity has reviewed the CA laws including CC 2924g, 2924.17. or 18, and or any of the entire Civil Codes pertaining to heightened requirements of the XX/XX/XXXX ' enacted laws that were ignored at that time. Now running on a false and defective means to steal property without having a proper right, nor following any procedures set forth under the applicable laws. Not from the simple laws to the more complex security laws under the DOT noted under item 1 & 16 which claim all laws are to by upheld.","date_sent_to_company":"2017-10-11T16:47:03.000Z","issue":"False statements or representation","sub_product":"Mortgage debt","zip_code":"90740","tags":"Servicemember","has_narrative":true,"complaint_id":"2699374","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Quality Loan Service Corporation","date_received":"2017-10-11T15:11:17.000Z","state":"CA","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":"Attempted to collect wrong amount"},"highlight":{"complaint_what_happened":["A letter was <em>sent</em> to all parties in XXXX, and XXXX on \" figures '' and loan history requests ; again answered with \" Omitted 7 years '' ; Request was made to reverse the faulty NOD ; The letter of XX/XX/XXXX addressed no response from XXXX either as they <em>stated</em> they would confer and respond after the servicer response to make sure laws are followed then instead <em>state</em> ONLY DO AS INSTRUCTED by the Servicer - XXXX then apparently XXXX had instructed this firm to by pass the <em>NOTICE</em> Posting and fail to"]},"sort":[9.114304,"2699374"]},{"_index":"complaint-public-v1","_id":"2699252","_score":9.109028,"_source":{"product":"Debt collection","complaint_what_happened":"Please find that \" XXXX XXXX XXXX '' is acting as a Trustee under a disguise of a SELF Appointed Sub of Trustee role, indicating that a \" TRUST '' NAMED XXXX XXXX XXXX XXXX XXXX ' is the owner who assigned them by some \" client of their own making named as a Servicer called SPS. That the underlying investor named XXXX XXXX went defunct, and only \" assets '' moved to XXXX XXXX in XX/XX/XXXX '. However XXXX was informing they \" were '' the lender. Took funds from me for 7 years now those funds were OMITTED and forced into a mod OR foreclose - that increased the balance. XXXX said they were the \" Lender-Investor-Creditor '' then each Regulatory Agency said NO you ca n't be as nothing existed as this was non performing in XX/XX/XXXX '. There are now over 8 lawsuits by regulators instructing XXXX to stop lying. Add confusion that XXXX acting as Servicer was bought by XXXX now XXXX claimed both roles. Rather than keep any of the agreements made under XXXX 's very extreme abuse which I encountered horrible lies told and moving into a full underwriting for a rewrite of a new mod - ( which at that time XXXX said I missed a payment to cause a default -this was not true ) I had made those payments. Furthering the abuses by XXXX turned to XXXX. XXXX admitted NO Lender can be known it is impossible. However while I was \" in '' underwriting for this very long awaited outcome of principal write down - XXXX made a mistake and caused an admitted mistake of a filing a Notice of Default. That NOD was filed \" Outside of CA Laws '' and the newly enacted Civil Codes including specific documents to be attached XXXX that were not attached and never attached - Filed a false affidavit as XXXX had full documents, and continued at that point to \" Transfer '' for a Debt Collection to Servicer SPS when \" no underlying investors existed '' however SPS did not care about any laws of California, and allowed XXXX 's own attorney firm acting now as the Sub of Trustee ; causing a Posted Sale during the transfer Time - Clearly CFPB Violations. Continued to cause dual hardship and later found that XXXX was NOT the Investor when asked to use \" Keep Your Home California '' as then found no investor existed. This did not stop backdated Fake assignments and claims by XXXX XXXX  foreclosure to continue to make up fake Assignments and record at the XXXX XXXX and then used in a Bankruptcy filing to make a non sensical link that is purely fictional. Then jumped again from 3 Attorney firms to make claims they worked for XXXX XXXX which was \" Impossible '' the other claimed to work solely for SPS however on paper claimed another role - that of SUB OF TRUSTEE for a \" Creditor '' as under the DOT only a Creditor can Assign - however given no investor exists = The Attorney firms created the paper and used for the notary tag team of the Servicer to ACT as if some real party holding rights has given them an official power of attorney to allow employee 's of unrelated persons to act and now assign a new Sub of Trustee this was a double event, first using XXXX XXXX, acting as SOT self assigned and now XXXX XXXX XXXX XXXX as Trustee with claims that an owner under the DOT has assigned them however the only client existing is a Servicer \" claiming to have a client ''. During this entire fiasco of intense harassment, including interferences to property rights, use and income affected, without any concern the \" Attorney 's '' brought the FRAUD onto the Federal Court. The FRAUD of now which includes entirely made up fake assignments, and \" Forged Note ''. The Notes existing are the one most similar to XXXX Bank 's Note perhaps found in the original XXXX XXXX XXXX as that is the only real lender related. However during many disputes each one diverted by deflection of no responsibility exists to answer or lame blame answers that are unrelated to the facts having caused an entirely Made Up Figures -along with a \" newly Created '' FAKE FORGED NOTE. Now this Note being claimed Due ( Which is Time Barred ; Has No owner : and was discharged after 10 years in a XXXX ) Now appears to have an \" Allonge '' that is pre-dated from the borrower/myself ever signing or seeing this Allonge. That once an Allonge is created it forever stays with the NOTE. This did not happen as NO Allonge existed. IT is clear that XXXX does not have that Allonge and provided a different note to answer Regulators in XX/XX/XXXX '. At the same time SPS produced this same fake forged note with an allonge that was Dated BEFORE Borrower 's ever signed her note or loan documents. This makes NO VALID SENSE. Except of a Stolen note event. That NOTE includes an Allonge signed by someone named XXXX.  That XXXX NOTE was presented to federal Court. That XXXX NOTE is a fake note being tossed to varied self Assigning Sub of Trustee 's having no concern of \" who '' or \" how '' their client has represented that they self assigned a role of SUB OF TRUSTEE - however typically made by their own firms attorney firm. Signed by a NON CREDITOR NON OWNER and pretending to use as if a real beneficiary has assigned them a role. Recording that SOT on the Courts and County Records. Then using this as proof to have been hired to act on behalf of a \" Creditor '' named as the Trust. This is bogusly corrupt. No REAL Client exists of the Creditor/Investor. No relationship to the SOT exists from the claims made. ONLY a Beneficiary can assign such a role. However in this event ONLY a Self monopolized role of a Servicer Self Servicing a Role that is NOT true and then being the ONLY client of the Sub of trustee in this case EVEN Though on paper a Sub called XXXX XXXX XXXX acting for INVESTOR XXXX  I XXXX however this is NOT True. QLS \" only ' client is a Sub to a Sub to a transfer from 5 times back to end up in hands of non related parties and no underlying beneficiary. \n\nThe Note is no longer enforceable by any means. Rather than release the lien. A game is played that has now raised further illegal abuses to have occurred. That relates to an underground back door Deed Theft Ring happening and the \" Attorney 's hired '' by those fake claimed servicer 's are aiding the wrong party entirely to enter side dealings that compromise the integrity of our entire Court, and County Land Records. At this very time, those attorney firms associated with the Deed Theft Rings are these SAME Linked parties. My other property was purely fictional Bank came and pretended a sale auction occurred -- NO Sale Date had occurred however these Attorney 's aiding wrong parties are now \" feeding themselves '' in new paths to aid the Deed Theft Rings. That right now over 100 Properties the ones I 've personally investigated this week alone all relate to time barred, no real underlying creditors and now instead of the Servicer claims those employee 's of both Servicer AND AUCTION Co and that of the pretender Sub of Trustee 's are allowing fake trustee 's deeds to wrong parties. Relentless in being brainwashed to think they have a \" client '' that is an Investor Beneficiary however knowing that this would be IMPOSSIBLE. That it is believed that no good faith, no duty of fair dealings whatsoever are possible when dealing with theft of this magnitude and pay outs that allow the largest attorney firms to make a ton of money related to false pretenses and think they can rule the entire system with fake documents. When XXXX was recently assigned as \" attorney ' associated to be the backbone of XXXX XXXX XXXX - assigned to this file - having already laid hands on my other properties to which has entirely fake persons making up fake assignments - in this situation, both QLS and their role changing hats XXXX claim that they are all Exempt from ALL LAWS and any mistakes regardless of how BIG a mistake being made has only to land on Servicer 's back and that they can make any claims they want as playing role Trustee. However each time they are informed WRONG FIGURES - Failing and Omitted 7 years of payments, entirely made up forged affidavits, robo signers named as those in the XXXX agreements, continue to slander my title with false documents by fake persons, fake claims and having no real underlying client. QLS had stated that they will make sure to follow all laws under CA State as they are the Trustee and that is required however when pushed they claim \" Exemption '' from all laws. \n\nNow each CA Specific State law is not upheld. The NOD was filed defectively in the first place it is still and will forever be missing the \" XXXX '' as now it 's been nearly 5 years since that faulty NOD filed by XXXX 's inhouse council acting in all roles monopolized the system and had admitted that a mistake and misrepresenations were made at that time and thereafter. NOW a Posting of a Sale showing THAT MONEY IS OWED - no Debt is owed as this is Discharged after the 10 years in XX/XX/XXXX '. However this does not stop publishing of the same claimed debt. Now furthering was a Posting of a Notice of Sale by XXXX XXXX XXXX ACTING DECEPTIVELY - THIS INCLUDED MAILING TO WRONG ADDRESS. Skirting the proper notice. Then when informed of a dispute existing of figures, and of the debt - that informed QLS of the varied lies encountered along with each lawyers firm hired that no longer exist 3 entire different firms found 2 of which were acting illegally and were closed - however never reversing the faulty NOD. Now underneath the chain of title is fake forged notes, and forged assignments by non related parties. The chain includes some back-dated assignments to unrelated parties not even the same as \" who '' is now claimed or \" who '' was claimed the time involved. Both QLS and their Attorney firm named XXXX XXXX XXXX who \" SPS '' continues to reference as \" their '' attorney firm however XXXX states NO they are ONLY XXXX XXXX XXXX 's Attorney Firm and that any mistakes are not their concern if made by Servicer. This tossing back and forth is deceptive. XXXX does interject and advertise that they are hired by the Banks and Servicer 's however now appears that this is a Front. That the servicer 's believe that they are handling legal aspects however NO ONE IS. The laws continue to be shaded and disregarded. \nA letter was sent to all parties in XX/XX/XXXX, and XX/XX/XXXX on \" figures '' and loan history requests ; again answered with \" Omitted 7 years '' ; Request was made to reverse the faulty NOD ; The letter of XX/XX/XXXX addressed no response from QLS either as they stated they would confer and respond after the servicer response to make sure laws are followed then instead state ONLY DO AS INSTRUCTED by the Servicer - QLS then apparently SPS had instructed this firm to by pass the NOTICE Posting and fail to Properly Notice Homeowner, then has informed them to ignore all pre-foreclosure procedures including excessively moving sale dates more than 3 times and without regards to any \" answer '' to any concerns raised. No answers come. No Accounting to match their made up claims. No true rights exist by such illegal means. A continued pattern that has caused the Commercial Crimes Division to become involved on my files as the FRAUD IS ALL OVER THE Place. A few attorney firms refused this file. NOT XXXX as they throw it to XXXX XXXX XXXX and claim they are not acting as Attorney 's so this means they can break all laws in such a role. \n\nNow QLS fails to answer AT ALL. ON XX/XX/XXXX a request was made for the full accounting and reinstatement figures under additional laws ; however XXXX and XXXX who share offices at times and other times separate themselves from any accountability by deflecting any means to by pass accountability to uphold laws. Now on XX/XX/XXXX attempts were made to XXXX for the pay off figures and instead of providing these figures, stated NO Such Department was operating as they were in the middle of a Move of \" that '' Department and at this time had no phones no internet and no access. That Department of payoffs and figures to cure the loan before a foreclosure was NOT AVAILABLE. Would not be available as they were at that time walking down the street hand carrying boxes. That this is the typically response it is always some \" other '' person or department and each call results in a claim someone will call back and not once has a call been returned. This has been a sham. That NO good faith is found. That at all times I could pay and afford my payments I was denied my rights, and I was lied to by \" each '' entity hired by this so called Servicer working on behalf of an \" unknown '' and impossible to know Beneficiary - however QLS continues to instruct XXXX XXXX to Publish that a Beneficiary is somehow directing all actions including that of Nationwide Posting by a 3rd party named as SOT Sub of Trustee who is self assigning their role without any real client. I am asking that a chance be given to allow fairness rather than steal my house of 12 years that I made EVERY GOOD EFFORT and Paid and my money was stolen right from me and now being aided by this Threat of Foreclosure from faulty schemes and failing to follow the laws. Not one entity has reviewed the CA laws including CC 2924g, 2924.17. or 18, and or any of the entire Civil Codes pertaining to heightened requirements of the XX/XX/XXXX ' enacted laws that were ignored at that time. Now running on a false and defective means to steal property without having a proper right, nor following any procedures set forth under the applicable laws. Not from the simple laws to the more complex security laws under the DOT noted under item 1 & 16 which claim all laws are to by upheld.","date_sent_to_company":"2017-10-11T16:47:07.000Z","issue":"False statements or representation","sub_product":"Mortgage debt","zip_code":"90740","tags":"Servicemember","has_narrative":true,"complaint_id":"2699252","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"SELECT PORTFOLIO SERVICING, INC.","date_received":"2017-10-11T16:47:05.000Z","state":"CA","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":"Attempted to collect wrong amount"},"highlight":{"complaint_what_happened":["A letter was <em>sent</em> to all parties in XX/XX/XXXX, and XX/XX/XXXX on \" figures '' and loan history requests ; again answered with \" Omitted 7 years '' ; Request was made to reverse the faulty NOD ; The letter of XX/XX/XXXX addressed no response from QLS either as they <em>stated</em> they would confer and respond after the servicer response to make sure laws are followed then instead <em>state</em> ONLY DO AS INSTRUCTED by the Servicer - QLS then apparently SPS had instructed this firm to by pass the <em>NOTICE</em> Posting and"]},"sort":[9.109028,"2699252"]}]},"aggregations":{"has_narrative":{"meta":{},"doc_count":38,"has_narrative":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":1,"key_as_string":"true","doc_count":38}]}},"product":{"doc_count":38,"product":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Debt collection","doc_count":20,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"I do not know","doc_count":6},{"key":"Mortgage debt","doc_count":6},{"key":"Credit card debt","doc_count":5},{"key":"Medical debt","doc_count":2},{"key":"Other debt","doc_count":1}]}},{"key":"Credit reporting or other personal consumer reports","doc_count":6,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit reporting","doc_count":6}]}},{"key":"Credit reporting, credit repair services, or other personal consumer reports","doc_count":4,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit reporting","doc_count":4}]}},{"key":"Credit card or prepaid card","doc_count":3,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"General-purpose credit card or charge card","doc_count":3}]}},{"key":"Mortgage","doc_count":2,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Conventional home mortgage","doc_count":1},{"key":"Home equity loan or line of credit (HELOC)","doc_count":1}]}},{"key":"Credit card","doc_count":1,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"General-purpose credit card or charge 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