{"took":146,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":10,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"3353355","_score":26.720623,"_source":{"product":"Credit card or prepaid card","complaint_what_happened":"i got a notice that I had till XX/XX/XXXX to respond - i am working on my response since the problem is now going into it's second year and i paid the disputed amount to the store just to stop the penalties and late fees for an item i did not order, sent back and was charged for, i havve spent hours of time and postage in trying to get a resolution to their stealing my money and now want almost {$200.00} from me for an item i did not order, returned, and gave up and paid for - a bit {$9.00}. \nthis is shameful. \n\nYou have 60 days from when the company responded to your complaint to provide feedback. You now have until XX/XX/XXXX to complete it. \nCOMPLAINT ID XXXX-XXXX SUBMITTED ON XX/XX/XXXX PRODUCT Credit card or prepaid card ISSUE Advertising and marketing, including promotional offers","date_sent_to_company":"2019-08-27T19:19:23.000Z","issue":"Problem with a purchase shown on your statement","sub_product":"Store credit card","zip_code":"10003","tags":null,"has_narrative":true,"complaint_id":"3353355","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Bread Financial Holdings, Inc.","date_received":"2019-08-26T00:48:49.000Z","state":"NY","company_public_response":null,"sub_issue":"Credit card company isn't resolving a dispute about a purchase on your statement"},"highlight":{"complaint_what_happened":["i got a notice that I had till XX/XX/XXXX to respond - i am working on my response since the problem is now going into it's second year and i paid the <em>disputed</em> <em>amount</em> to the <em>store</em> <em>just</em> to <em>stop</em> the <em>penalties</em> and <em>late</em> <em>fees</em> for an item i did not order, sent back and was charged for, i havve spent hours of time and postage in trying to get a resolution to their stealing my money and now want almost {$200.00} from me for an item i did not order, returned, and gave up and paid for - a bit {$9.00}."],"sub_product":["<em>Store</em> credit card"],"sub_issue":["Credit card company isn't resolving a <em>dispute</em> about a purchase on your statement"]},"sort":[26.720623,"3353355"]},{"_index":"complaint-public-v1","_id":"8802355","_score":25.587767,"_source":{"product":"Credit card","complaint_what_happened":"In XXXX I was pressured at a Sephora store cashier, while making a purchase, to sign up for a store credit card. This card was issued by Comenity Capital Bank, part of Bread Financial. I used the card about twice since then and paid in full each time. In XX/XX/XXXX I paid in full a new bill with a charge I made of about {$290.00}, the company deemed the payment late and charged me penalties and fees totalling about 20 % of the original bill. I noticed this only the following month since I believed that I had paid the amount owed and did not charge anything further, by which time fees upon fees had also begun to be charged. I contacted the company requesting that these fees be reversed, but the company said it was their policy not to fully reverse them. I then protested the company 's business practices, asked that the card be cancelled, and informed the company that I would dispute any negative information reported to credit agencies. The company had begun harassing me with phone calls ( which I was able to stop ), monthly bills with fresh fees and penalties for not having paid the first fee imposed, and no sooner did I cancel the card than it also began reporting monthly delinquency to my credit agencies. All this even as I paid back in XXXX the amount in full that I had charged in the Sephora store. \nI have been notified by a credit monitoring service that this company is also reporting increasing debt owed to it, in addition to delinquency. \nNow my credit score is well on its way to ruin, what was previously near a perfect score ( well over 800 ) has now dropped to XXXX in just a couple of months, solely due to this company 's actions. This will have lasting ramifications on my financial future. \nI am now in a serious bind where, if I do not pay the increasing amounts that this company claims I owe them, my credit will be further ruined and there will be no recourse. I believe that this is highly usurious, that this company is preying on consumers and would like to know if any laws are being violated through this company 's predatory practices. \nIn its letter of acknowledgement of the cancellation of the card, this company openly informed me of its intention that they will continue to claim fees and to make regular communications to collect them, including negative credit reporting. As of today the company claims to the credit reporting agency that I have a {$290.00} outstanding debt to it, all of which would comprise fees charged. That represents already 100 % of the original amount I charged to the card. \nEven if I do this to end the harassment, it seems that it will already take me years to recover from this problem. I feel very exposed financially to this company and can not understand how signing up for a store card and making a small purchase can have such a result, and even though I have made full payment of the original charge and have cancelled the card.","date_sent_to_company":"2024-04-22T15:06:11.000Z","issue":"Fees or interest","sub_product":"Store credit card","zip_code":"10003","tags":null,"has_narrative":true,"complaint_id":"8802355","timely":"Yes","company_response":"Closed with monetary relief","submitted_via":"Web","company":"Bread Financial Holdings, Inc.","date_received":"2024-04-19T03:16:18.000Z","state":"NY","company_public_response":null,"sub_issue":"Problem with fees"},"highlight":{"complaint_what_happened":["In XXXX I was pressured at a Sephora <em>store</em> cashier, while making a purchase, to sign up for a <em>store</em> credit card. This card was issued by Comenity Capital Bank, part of Bread Financial. I used the card about twice since then and paid in full each time. In XX/XX/XXXX I paid in full a new bill with a charge I made of about {$290.00}, the company deemed the payment <em>late</em> and charged me <em>penalties</em> and <em>fees</em> totalling about 20 % of the original bill."],"issue":["<em>Fees</em> or interest"],"sub_product":["<em>Store</em> credit card"],"sub_issue":["Problem with <em>fees</em>"]},"sort":[25.587767,"8802355"]},{"_index":"complaint-public-v1","_id":"6402097","_score":8.960927,"_source":{"product":"Debt collection","complaint_what_happened":"I will include XXXX XXXX as part of this complaint so that they will receive copies of your correspondence and response. I am also e-mailing a copy of this complaint to XXXX XXXX XXXX and XXXX XXXX XXXX, XXXX. for their review. This matter is not going to go away because you respond citing some company policy or your own personal ideology and refuse to remove this account from my credit report. On or about XX/XX/XXXX, I received a dunning/collection letter from XXXX XXXX regarding the Macys XXXX XXXX credit card account On XX/XX/XXXX, Defendant mailed a debt validation request to XXXX XXXX via certified mail tracking number XXXX. On XX/XX/XXXX, XXXX XXXX received my debt validation request. I never received a response to my validation request which may be a violation of the FDCPA and 12 C.F.R. 106.34 ( a ) ( 1 ) and instead XXXX XXXX filed suit instead of responding. On XX/XX/XXXX, XXXX XXXX filed this civil suit/action against me on behalf of Department Stores National Bank in the State Court of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX On XX/XX/XXXX, I filed an answer to the lawsuit/complaint along with discovery motions/request Interrogatories, Request for the Production of Documents and Notice to Produce, and Request for Admissions. A copy of the Answer along with the discovery request was sent to you via certified mail tracking number XXXX. A copy of the Interrogatories, Request for the Production of Documents and Notice to Produce, and Request for Admissions. According to the post office, the package picked up at a postal facility by your agent, representative, or employee at XXXX XXXX  on XX/XX/XXXX. The thirty days to respond to the discovery request started on XX/XX/XXXX, and ended on XX/XX/XXXX. I never received a response to the discovery request. Pursuant to Georgia law O.C.G.A 9-11-33 ( a ) ( 2 ), 9-11-34 ( b ) ( 2 ), and 9-11-36 ( a ) ( 2 ), the party upon whom the discovery has been served shall serve a copy of the answers, and objections if any, within thirty ( 30 ) days after the service of the discovery request, except that a defendant may serve answers or objections within 45 days after service of the summons and complaint upon that defendant. The court may allow a shorter or longer time at the courts discretion. The party submitting the interrogatories may move for an order under subsection ( a ) of Code Section 9-11-37 with respect to any objection to or other failure to answer any discovery motion/request. Pursuant to O.C.G.A. 9-11-36 ( a ) ( 2 ) The matter is admitted unless, within 30 days after service of the request or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by his attorney. Any matter admitted under this Code section is conclusively established unless the court, on motion, permits withdrawal or amendment of the admission O.C.G.A. 9-11-36 ( b ). On XX/XX/XXXX, and XX/XX/XXXX. XXXX, I reached out to XXXX XXXX  office by e-mail pursuant to rule 6.4 ( b ) and prior to filing a motion to compel pursuant to XXXX. XXXX. On XX/XX/XXXX, I mailed a certified letter ( tracking number XXXX ) to XXXX XXXX office and the letter was delivered and received by your office on XXXX, XXXX. On XX/XX/XXXX, XXXX XXXX filed for voluntary dismissal without prejudice in the XXXX XXXX XXXX XXXX XXXX Georgia XXXX XXXX XXXX No XXXX. Now on XX/XX/XXXX, I received a XXXX letter from XXXX XXXX  listing Citibank N.A. instead of Department Stores National Bank or ( DSNB ) as the creditor. This is the same claim or action just listing a different creditor. On XX/XX/XXXX, I mailed a second request for validation to XXXX XXXX via certified mail tracking number XXXX. According to the post office the item was delivered on XX/XX/XXXX. On XX/XX/XXXX, I received an e-mail from XXXX of XXXX XXXX attorneys confirming receipt of the validation request. Good afternoon, Our office is in receipt of your request and is gathering the requested documents for your review. XXXX XXXX XXXX, XXXX. Lead Litigation GA Attorney XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, GA XXXX Phone : XXXX Ex. XXXX Fax : XXXX XXXX THIS COMMUNICATION IS FROM A DEBT COLLECTOR. PRIVILEGE AND CONFIDENTIALITY NOTICE : This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute, or copy this message and or any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by XXXX XXXX XXXX XXXX for damage arising in any way from its use. XXXX XXXX is a debt collector as defined by the Fair Debt Collection Practices Act ( FDCPA ) 15 U.S.C. 1692a ( 6 ) and is required to comply with the FDCPA. If the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, or that the consumer request the name and address of the original creditor, the debt collector must cease collection of the debt, or any 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 15 U.S.C. 1692g ( b ). The 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 15 U.S.C. 1692g ( c ). As of the date of this letter, no response or validation/verification has been received by me. Any failure by XXXX XXXX to comply with or any violation of the FDCPA by XXXX XXXX may result in XXXX XXXX being subject to civil liability as outlined in 15 U.S.C. XXXX. XXXX XXXX was notified and is aware that this is a second attempt to collect this alleged debt for the same account with Department Stores National Bank ( DSNB ) which is a subsidiary of Citibank N.A and that as of XX/XX/XXXX, XXXX has merged with Citibank. Any refiling or renewing of a case would be subject to XXXX. XXXX and O.C.G.A. XXXX. XXXX XXXX has received two requests for validation and has failed to respond to both of them. XXXX XXXX has had approximately ten months to respond to my request for validation. Dont you think if XXXX XXXX intended to collect this alleged debt that they would have responded to the validation request a required by law by now? As of the date of this letter, there has been no refiling of any lawsuit against me to collect this alleged debt. XXXX XXXX would have to consider all the things discussed in this letter when deciding whether or not it wants to refile the case in any court. XXXX XXXX would have to consider that if the Request for Admissions in the previous and now dismissed lawsuit is deemed admitted pursuant to Pursuant to XXXX. XXXX ( a ) ( XXXX ) and O.C.G.A. XXXX ( b ) then it will be difficult for you or XXXX XXXX to pursue a new claim because if certain admissions are deemed admitted then you will probably lose your case. XXXX XXXX is aware of this fact. XXXX XXXX had the option to motion the court to allow withdrawal of the admission and or work with me to resolve any issues with discovery instead XXXX XXXX chose to dismiss the lawsuit. In the event of any renewal or refiling of any lawsuit, XXXX XXXX would essentially be refiling the same claim involving the same parties. If you or your attorney admitted the previous case away for failing to respond, then it will be difficult to refile the case and win or be successful. It seems as if you dont think about this or take this into consideration when deciding not to delete this account from my credit report. Because you disagree with the decisions made by XXXX XXXX, the laws of the XXXX of Georgia, and the information that you have been provided is not reason or grounds for you to dismiss and ignore the information that you have been provided and make decision based on your personal ideology or beliefs under the guise of some unnamed/specified law, government regulation, or company policy where you do state the specific law and section of the law, the specific government regulation, or provide a copy of the company policy you are citing and relying upon. You only provide a selective cursory response on items that you want to respond to and its like your response is scripted. Additionally, it seems that you copy and paste previous responses. You position is As a credit provider, we are obligated to report the account accurately to the credit reporting agencies. This statement is designed to end any discussion regarding credit reporting and to justify not removing an item from a credit report and is misleading, while you are required by law to report accurate information to the credit reporting agencies, you are not required to report account to the credit reporting agencies. It seems as if this statement is crafted to make any credit reporting dispute go away. This statement also suggests that you have some kind of moral or ethical obligation and not a legal obligation to report this account to a credit bureau and suggest your decision not to delete this account from the credit report is a moral decision and not a legal one. DSNBs own customer agreement for the credit card states \" We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. We may report account information in your name and the names of authorized users. We may also obtain follow-up credit reports on you. If you think we reported incorrect information to a credit bureau, write us at the Customer Service address on the billing statement. We will investigate the matter. We will then tell you if we agree or disagree with you. If we agree with you, we will contact each credit bureau to which we reported and request a correction. If we disagree with you, we will tell you that. '' The card agreement states that DSNB can report information about a consumer and the account to a credit bureau if Citi chooses to do so however, the card agreement does not prohibit DSNB from updating or removing information about a consumer from a consumers credit file. Additionally, if DSNB were to assign or sell this account to a debt buyer or collection agency and that debt buyer or collection agency reported this account to the credit bureau, DSNB would be obligated or required by the FCRA to remove the account from my credit report because the FCRA prohibits duplicate accounts, or the same information or account being reported multiple times on a consumers credit report. DSNB also fails or neglects to mention that some debt collectors will offer to delete the account from a consumers credit report in exchange for payment especially if it is written in any settlement agreement or consent order. DSNB does not want to admit that credit reporting is nothing more than a debt collection tactic or practice which it sometimes uses to extort money ( in some cases more money than Plaintiff is entitled to ) out of consumers ( i.e. either pay us what we claim you owe us or well ruin your credit for seven years ). It seems DSNB as is not prohibited by contract, government regulations, or the law from removing Defendants account from his credit report with the three major credit bureaus out of revenge and spite because Citi did not get the outcome Citibank wanted in the Best Buy case and DSNB ( which is a subsidiary of Citibank ) most likely will not achieve the outcome DSNB desires in the Macys American Express credit card account case and some kind of righteous duty with the intent to annoy, harass, intimidate, embarrass, and humiliate me and is nothing more than an effort to make it difficult for me to apply for and/or obtain credit or to have to pay a higher interest rate if offered a line of credit is preventing DSNB from removing this account from Defendants credit report with the three major credit bureaus. If it is DSNB/Citibanks position that you are prohibited by law or government regulation from removing this account from my credit report, then you should have to identify any specific section of the FCRA or any other law or government regulation that would prohibit you from removing this account from my credit report and to provide any other information that you are relying upon. Based upon my information 15 U.S.C. 1681i and 15 U.S.C. 1681s-2 ( b ) there is no law or government regulation that would prohibit DSNB/Citibank from removing this account from my credit report. I have requested this information previously and DSNB/Citibank has refused to respond and only wants to respond to what it determines or decides it wants to respond to or address. This was also requested by me in the now dismissed collection lawsuit. It also seems that your decision is not based on the law but an alleged company policy. I would ask that you provide a full and complete copy of the policy you are referencing in your previous communications. Please dont carelessly or mindlessly state that the information requested is confidential and proprietary business information and can not be disclosed. In the event of any refiling of any lawsuit regarding this account and alleged debt I will include the request for this information in a Request for the Production of Documents pursuant to XXXX. XXXX. Any failure to respond appropriately to any discovery request is subject to a motion to compel pursuant to XXXX. XXXX. DSNB/Citibank has not been truthful in their previous responses to the CFPB and the XXXX  and there will be potential problems for you in the event of any refiling or renewing of this case. In your previous correspondence you claim that DSNB regularly reviews credit report data to determine if cardholders continue to qualify for their accounts. You also claim, \" Macys credit card account are reviewed on a regular basis to determine if an adjustment to the accounts credit limit is needed and to ensure the customer still meets the established eligibility requirements to maintain the card. You refuse to provide the eligibility requirements and credit criteria claiming, Our credit criteria is proprietary business information and can not be disclosed. I do not believe that you review accounts on a regular basis as you claim in your correspondence. On two occasions my credit limit was lowered as a result of your so-called review of my account which you claim that my credit limit was reduced due to the number of revolving accounts with high usage. This is not the whole and complete truth. DSNB has omitted an important fact that in XXXX of XXXX a late fee was assessed on the same day as the payment due date XX/XX/XXXX, and the late fee was eventually credited back to the account even though payment was made and did not post until the next day XX/XX/XXXX. The following month the credit limit was reduced by {$100.00}. The other time the credit limit was reduced was in was in XXXX of XXXX. On XX/XX/XXXX ( the same day as the payment due date ) a late fee was assessed to the account even though a payment was made but did not post to the account until the next day XX/XX/XXXX. Then I received a letter from DSNB dated XX/XX/XXXX, stating that my credit limit would be reduced by another {$100.00}. Based on my research it seems the only time my account was reviewed was after a late fee was assessed and that the credit limit reduction is in retaliation and response to a late fee being assessed to the account. In the now dismissed collection lawsuit DSNB was asked in a discovery filing interrogatory to identify each and every time my account was allegedly reviewed. DSNB and their attorney XXXX XXXX failed to respond to the discovery request. The failure to respond to the discovery request is probably one of the factors that lead to the decision by XXXX XXXX to dismiss the lawsuit. When DSNB conducted the review in XXXX of XXXX the Best Buy Visa credit card account was listed on my credit report as a negative item. DSNB was aware of this account being listed as a negative item on my credit report and did not use it as a reason or basis to not lower the credit limit {$100.00} instead, you used the reason number of account with high usage however, when you allegedly reviewed the account for renewal the Best Buy being listed as a negative item on my credit report was used as a basis and reason for not renewing my account. When you conducted the review of my account in XXXX of XXXX, you were made aware of the Best Buy account being a negative item on my credit report and instead of exercising your right to terminate use of the account without giving notice in advance ; unless we are required to give you notice by law. You also failed to explain why the decision was made to only lower the credit limit and how you determined the amount to lower the credit limit. This was addressed in the Interrogatories that were filed in the now dismissed lawsuit against me. In other words you failed to mitigate you damages. You will have to explain this in court. You allegedly reviewed the account again XXXX of XXXX, and then sent a letter dated XX/XX/XXXX, that my account would not be renewed beyond the expiration of the card. This time the Best Buy Visa credit card account being a negative item on my credit report was used as a reason to not renew my account beyond the expiration date of the card. You will have to explain this in the event of any refilling or relitigating of this case. XXXX XXXX is aware of this because it was included in the answer to the now dismissed collection lawsuit. This alleged review was conducted approximately nine months prior to the cards expiration and notice was not sent to me until approximately eight months prior to the cards expiration. According to the XX/XX/XXXX, XXXX XXXX letter that talks about XXXX conducting reviews of accounts the letter also states Under federal law, we must determine the applicants ability to repay credit. My account was left open and not closed until XX/XX/XXXX. After DSNB determined that I no longer qualified for the account and or no longer had the ability to repay credit my account was left open and DSNB allowed me to use the account until the expiration date. This will be a problem for DSNB/Citibank in the event of any litigation because you as a plaintiff have a duty and responsibility to mitigate your damages. As your agents, employees, and representatives love to cite the customer agreement that we have the right to limit or terminate use of your account without giving you notice in advance ; unless we are required to give you notice by law. You will be required to explain this in the event of any refiling or relitigating of this case. You will have to explain why you made the decision approximately nine months prior to the cards expiration and why you left the account open and allowed continued use of the card after determining that I no longer had the ability to repay credit until the card expired. This was included in the answer to the now dismissed collection lawsuit and XXXX XXXX is aware of this. Additionally, you charged {$41.00} late fees and interest for six months and then charged the account off after six months of receiving no payments because you were required to do so by law. If you determine that someone no longer has the ability to repay credit how is charging that person {$41.00} in late fees for six months or {$240.00} in late fees and interest going to incentivize or get someone to pay when they no longer have the ability to repay credit? The aforementioned issued are also addressed in the discovery request that were filed in the now dismissed collection lawsuit and you nor your attorney XXXX XXXX responded to the discovery request. You have repeatedly rejected any request by me to settle this case for less than the full balance, which in no way should be construed as an admission of liability or indebtedness by me. In the event of any refiling or renewal of this case, you may have to have to explain why you reject the request and then made a settlement offer in XXXX of XXXX giving me until XX/XX/XXXX, to respond. The letter also indicates if I choose not to accept the offer there may be other opportunities to settle may be available at a later date. And once again in a XXXX of XXXX correspondence by XXXX XXXX reject any offer to settle this account for less than the full balance, which in no way should be construed as an admission of liability or indebtedness by me. You also failed to make any reasonable efforts to collect this alleged debt and artificially inflated the balance with unnecessary interest, fees, and penalties. Then you made a settlement offer at the end of XXXX and approximately one month prior to you being required by law to charge off the account and when the late fees and interest stop. You issued a Macys store credit card that can only be used at Macys. When the account was opened the credit limit was {$800.00}. The credit limit has now been reduced to {$100.00}. The card has no expiration date and is still active. In the event of any renewal or refiling of the Macys XXXX  case you may have to explain this. Specifically, if I dont qualify and or dont have the ability to repay credit on the Macys XXXX  account how do you expect me to repay credit on this account and why you have not closed this account. This is a valid issue and defense. This information was included in the answer to the previous lawsuit that has since been dismissed. XXXX XXXX is and should be aware of this. You have lied about and denied and continue to deny and ignore the fact that the decision not renew the account is in retaliation to a dispute I had with Citibank ( which you were a subsidiary of ) regarding a Best Buy Visa credit card account even though the available evidence supports my claim of retaliation. First, we have the fact that my credit limit was reduced on two occasions as a result of and in retaliation to late fees being assessed to my account. Second, we have the fact that the Best Buy account being listed on my credit report as a negative item ( i.e., the serious delinquency item listed on my credit report reason ) on my credit report and was used as a reason for not renewing my account and included in the letter dated XX/XX/XXXX, informing me that my account would not account would not be renewed. Finally, we have the fact the Citibank ( which DSNB is or was a subsidiary of and has now merged with Citibank ) closed and refused to renew my XXXX XXXX XXXX credit card account and flat out admitted it was due to a to a charge-off of the Best Buy account. I am not asking you to address issues or concerns regarding other accounts but just merely stating the facts and using this information to prove my point or position. You have also omitted other important information from your correspondences with me, the CFPB, and the XXXX. In your XX/XX/XXXX, letter by XXXX XXXX, you state Our review of your account found the statement with the closing date of XX/XX/XXXX, your account had a balance of {$1400.00} with a minimum payment of {$44.00} due by XX/XX/XXXX. No payment was received for this balance and in accordance with the terms of the credit card agreement, each month the required minimum payment due was not received, the account was charged a late fee and interest charge. This continued until the account balance reach {$1900.00} and charged off on XX/XX/XXXX. This is somewhat misleading because you omit the fact that you are required by law to charge-off an account after you have not received any payments and the account is past due for over 180 days or six months. You also omit and fail to admit or mention that the account was closed and could not be used by me but not charged off so that you can continue to act as if the account is still open and assess late fees, penalties, and interest until the balance is paid in full because once the account is charged off ( after 180 days or six months ) the late fees and interest must stop. You wanted the ability to still assess late fees, penalties, and interest to the account. This was discussed and addressed by the answer to the now dismissed lawsuit and you will have to have to explain this in the event of any new litigation. You seem to have forgotten that I can demand a jury trial. Do you think that going in front of a jury and demanding that they give you late fees and interest for six months just because you can charge those fees when you made little to no effort to collect this alleged debt and after you determined that I no longer had the ability to repay credit. What are you are you accomplishing by charging by charging interest and late fees for six months just because you can and until you are required to charge off the account? In the event of any renewal or refiling of your claim the answer will be amended to include the fact this is your second attempt at filing the same claim against me and that you are subject to XXXX. XXXX. The discovery request will also be refiled. You should also be aware that some judges have issued standing orders and instructions regarding how cases are handled by that particular judge. One example is State Court of XXXX XXXX XXXX XXXX XXXX XXXX. Section seven of the order addresses extension of time and section seven addresses discovery. Extensions of time for discovery will be granted only upon consent motion or in exceptional cases in which the parties promptly commence and diligently pursue discovery yet are unable to complete discovery in the timeframe set forth above due to circumstances not reasonably anticipated at the time that the parties prepare and submit the Scheduling Order. Any motion for an extension of time for discovery must be filed with the Court prior to the expiration of the existing discovery period. A copy of the standing order is attached for your review. This case was NOT assigned to XXXX XXXX and this order did not apply. You are required to respond to the discovery request truthfully and accurately within the timeframe provided by law. Failure to respond or to respond truthfully and accurately could result in you having to pay expenses incurred by me to prove that you did not respond truthfully and accurately and any failure to respond at all could result in a motion to compel. XXXX XXXX is aware of this fact. This case has already been filed and then dismissed. If the case is refiled and then dismissed voluntarily again that will serve as an adjudication upon the merits ( and is the same as a dismissal with prejudice ) O.C.G.A. 9-11-41 ( a ) ( 3 ). In other words, you will be prohibited by law from filing any additional lawsuits, claims, or actions, regarding this account and alleged debt and then would have no means to collect this alleged debt and no remedies available to you. It would be a violation of the FDCPA for any debt collector to threaten to take any action that can not legally be taken or that is not intended to be taken 15 U.S.C. 1692e ( 5 ) or the use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer 15 U.S.C. 1692e ( 10 ). As previously stated, XXXX XXXX was sent a validation request on XX/XX/XXXX and it was received by them on XX/XX/XXXX. As of the date of this letter, no response other than the attorney acknowledging receipt of the request and stating that they are gathering the requested information and documents. XXXX XXXX is also aware of the previous lawsuit and will have to decide whether or not they will renew or refile this claim. Factors that could affect their decision include the failure to respond to the discovery request in the previous case and the defenses I have raised and outlined in this letter. You are not taking this fact into consideration when denying my request to delete this account from my credit report. You should be aware that XXXX XXXX and the XXXX XXXX XXXX XXXX XXXX XXXX of Georgia have copies of all of your correspondence and communications with me, the CFPB, and the XXXX  except any that were received after the case was dismissed. The documents were provided to the court by me because they were attached to the answer as exhibits. In the event of any new litigation all communications received after the answer was filed will be attached as exhibits to an amended answer. You should also be aware that any documents filed with the court are public records and can be made available to anyone who request them provided they pay any fees imposed by the court or court clerks office for researching and printing of the request documents. The XXXX XXXX XXXX XXXX XXXX XXXX of Georgia also uses an online system https : //www.peachcourt.com to file cases and to obtain documents filed in cases if available. Anyone can register and create a peachcourt account and obtain copies documents filed in cases if available for a per item fee. Attorneys are required to file all cases online using the peachcourt website. Attorneys will have unlimited access to all of the documents available on and through the peachcourt website. You also may use XXXX XXXX XXXX to look up information regarding cases. This is a free service for anyone to use and you dont have to register. This site will not provide you with access to documents filed in the case and will only provide you with a list of any actions, events, or filings in the case. If you were to hire a new attorney, you must make them aware of the fact that you previously filed a lawsuit and then dismissed it approximately three months later and the fact they you and your attorney failed to respond to the discovery request then that attorney will make a decision whether or not to represent you or not. If you fail to inform the attorney and provide the attorney with all information regarding the case and account and withhold or omit information the attorney could withdraw from your case and or dismiss any pending court action/litigation. In this case it would be a second notice of dismissal and would serve or operate as an adjudication upon the merits and would be the same as a dismissal with prejudice O.C.G.A. 9-11-41 ( a ) ( 3 ).","date_sent_to_company":"2023-01-05T17:36:15.000Z","issue":"Written notification about debt","sub_product":"Credit card debt","zip_code":"30066","tags":null,"has_narrative":true,"complaint_id":"6402097","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CITIBANK, N.A.","date_received":"2023-01-05T17:33:18.000Z","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":["You also omit and fail to admit or mention that the account was closed and could not be used by me but not charged off so that you can continue to act as if the account is still open and assess <em>late</em> <em>fees</em>, <em>penalties</em>, and interest until the balance is paid in full because once the account is charged off ( after 180 days or six months ) the <em>late</em> <em>fees</em> and interest must <em>stop</em>. You wanted the ability to still assess <em>late</em> <em>fees</em>, <em>penalties</em>, and interest to the account."]},"sort":[8.960927,"6402097"]},{"_index":"complaint-public-v1","_id":"6354302","_score":8.944302,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"On or about XX/XX/XXXX, I received a dunning/collection letter from XXXX XXXX regarding the XXXX  XXXX XXXX credit card account On XX/XX/XXXX, Defendant mailed a debt validation request to XXXX XXXX via certified mail tracking number XXXX. \nOn XX/XX/XXXX, XXXX XXXX received my debt validation request. \nI never received a response to my validation request which may be a violation of the FDCPA and 12 C.F.R. 106.34 ( a ) ( 1 ) and instead XXXX XXXX filed suit instead of responding. \nOn XX/XX/XXXX, XXXX XXXX filed this civil suit/action against me on behalf of Department XXXX XXXX XXXX  in the State Court of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX On XX/XX/XXXX, I filed an answer to the lawsuit/complaint along with discovery motions/request Interrogatories, Request for the Production of Documents and Notice to Produce, and Request for Admissions. A copy of the Answer along with the discovery request was sent to you via certified mail tracking number XXXX. A copy of the Interrogatories, Request for the Production of Documents and Notice to Produce, and Request for Admissions. \nAccording to the post office, the package picked up at a postal facility by your agent, representative, or employee at XXXX XXXX  on XX/XX/XXXX. \n\nThe thirty days to respond to the discovery request started on XX/XX/XXXX, and ended on XX/XX/XXXX. \n\nI never received a response to the discovery request. \n\nPursuant to Georgia law O.C.G.A 9-11-33 ( a ) ( 2 ), 9-11-34 ( b ) ( 2 ), and 9-11-36 ( a ) ( 2 ), the party upon whom the discovery has been served shall serve a copy of the answers, and objections if any, within thirty ( 30 ) days after the service of the discovery request, except that a defendant may serve answers or objections within 45 days after service of the summons and complaint upon that defendant. The court may allow a shorter or longer time at the courts discretion. The party submitting the interrogatories may move for an order under subsection ( a ) of Code Section 9-11-37 with respect to any objection to or other failure to answer any discovery motion/request.\n\nPursuant to O.C.G.A. 9-11-36 ( a ) ( 2 ) The matter is admitted unless, within 30 days after service of the request or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by his attorney. Any matter admitted under this Code section is conclusively established unless the court, on motion, permits withdrawal or amendment of the admission O.C.G.A. 9-11-36 ( b ). \n\nOn XX/XX/XXXX, and XX/XX/XXXX. XXXX, I reached out to XXXX  XXXX  office by e-mail pursuant to rule 6.4 ( b ) and prior to filing a motion to compel pursuant to O.C.G.A. 9-11-37. \n\nOn XX/XX/XXXX, I mailed a certified letter ( tracking number XXXX ) to XXXX XXXX office and the letter was delivered and received by your office on XXXX, XXXX. \n\nOn XX/XX/XXXX, XXXX XXXX filed for voluntary dismissal without prejudice in the XXXX XXXX XXXX XXXX XXXX Georgia XXXX XXXX XXXX No XXXX. \n\nNow on XX/XX/XXXX, I received a dunning letter from XXXX XXXX listing XXXX XXXX. instead of XXXX  XXXX XXXX Bank or ( XXXX ) as the creditor. This is the same claim or action just listing a different creditor. \n\nOn XX/XX/XXXX, I mailed a second request for validation to XXXX XXXX via certified mail tracking number XXXX. According to the post office the item was delivered on XX/XX/XXXX. \n\nOn XX/XX/XXXX, I received an e-mail from one of XXXX XXXX attorneys confirming receipt of the validation request. \n\nGood afternoon, Our office is in receipt of your request and is gathering the requested documents for your review. \n\nXXXX XXXX XXXX, XXXX. \nLead Litigation GA Attorney XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, GA XXXX Phone : XXXX Ex. XXXX Fax : XXXX XXXX THIS COMMUNICATION IS FROM A DEBT COLLECTOR. \nPRIVILEGE AND CONFIDENTIALITY NOTICE : This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute, or copy this message and or any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by XXXX XXXX XXXX XXXX for damage arising in any way from its use. \nXXXX XXXX is a debt collector as defined by the Fair Debt Collection Practices Act ( FDCPA ) 15 U.S.C. 1692a ( 6 ) and is required to comply with the FDCPA. \nIf the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, or that the consumer request the name and address of the original creditor, the debt collector must cease collection of the debt, or any 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 15 U.S.C. 1692g ( b ). \n\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 15 U.S.C. 1692g ( c ).\n\nAs of the date of this letter, no response or validation/verification has been received by me. \n\nAny failure by XXXX XXXX to comply with or any violation of the FDCPA by XXXX XXXX may result in XXXX XXXX being subject to civil liability as outlined in 15 U.S.C. 1692k. \n\nXXXX XXXX was notified and is aware that this is a second attempt to collect this alleged debt for the same account with XXXX  XXXX XXXX XXXX  ( XXXX  ) which is a subsidiary of XXXX XXXX and that as of XX/XX/XXXX, XXXX has merged with XXXX. \n\nAny refiling or renewing of a case would be subject to XXXX. XXXX and XXXX  XXXX. \n\nXXXX XXXX has received two requests for validation and has failed to respond to both of them. XXXX XXXX has had approximately ten months to respond to my request for validation. Dont you think if XXXX XXXX XXXX to collect this alleged debt that they would have responded to the validation request a required by law by now? \n\nAs of the date of this letter, there has been no refiling of any lawsuit against me to collect this alleged debt. XXXX XXXX would have to consider all the things discussed in this letter when deciding whether or not it wants to refile the case in any court. XXXX XXXX would have to consider that if the Request for Admissions in the previous and now dismissed lawsuit is deemed admitted pursuant to XXXX to XXXX. XXXX ( a ) ( XXXX ) and XXXX XXXXXXXX ( b ) then it will be difficult for you or XXXX XXXX to pursue a new claim because if certain admissions are deemed admitted then you will probably lose your case. XXXX XXXX is aware of this fact. XXXX XXXX had the option to motion the court to allow withdrawal of the admission and or work with me to resolve any issues with discovery instead XXXX XXXX chose to dismiss the lawsuit. In the event of any renewal or refiling of any lawsuit, XXXX XXXX would essentially be refiling the same claim involving the same parties. If you or your attorney admitted the previous case away for failing to respond, then it will be difficult to refile the case and win or be successful. It seems as if you dont think about this or take this into consideration when deciding not to delete this account from my credit report. \n\nBecause you disagree with the decisions made by XXXX XXXX, the laws of the State of Georgia, and the information that you have been provided is not reason or grounds for you to dismiss and ignore the information that you have been provided and make decision based on your personal ideology or beliefs under the guise of some unnamed/specified law, government regulation, or company policy where you do state the specific law and section of the law, the specific government regulation, or provide a copy of the company policy you are citing and relying upon. You only provide a selective cursory response on items that you want to respond to and its like your response is scripted. Additionally, it seems that you copy and paste previous responses. \n\nYou position is As a credit provider, we are obligated to report the account accurately to the credit reporting agencies. This statement is designed to end any discussion regarding credit reporting and to justify not removing an item from a credit report and is misleading, while you are required by law to report accurate information to the credit reporting agencies, you are not required to report account to the credit reporting agencies. It seems as if this statement is crafted to make any credit reporting dispute go away. This statement also suggests that you have some kind of moral or ethical obligation and not a legal obligation to report this account to a credit bureau and suggest your decision not to delete this account from the credit report is a moral decision and not a legal one. \nXXXX  own customer agreement for the credit card states \" We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. We may report account information in your name and the names of authorized users. We may also obtain follow-up credit reports on you. If you think we reported incorrect information to a credit bureau, write us at the Customer Service address on the billing statement. We will investigate the matter. We will then tell you if we agree or disagree with you. If we agree with you, we will contact each credit bureau to which we reported and request a correction. If we disagree with you, we will tell you that. '' The card agreement states that XXXX can report information about a consumer and the account to a credit bureau if XXXX chooses to do so however, the card agreement does not prohibit XXXX from updating or removing information about a consumer from a consumers credit file. Additionally, if XXXX were to assign or sell this account to a debt buyer or collection agency and that debt buyer or collection agency reported this account to the credit bureau, XXXX would be obligated or required by the FCRA to remove the account from my credit report because the FCRA prohibits duplicate accounts, or the same information or account being reported multiple times on a consumers credit report. XXXX also fails or neglects to mention that some debt collectors will offer to delete the account from a consumers credit report in exchange for payment especially if it is written in any settlement agreement or consent order. XXXX does not want to admit that credit reporting is nothing more than a debt collection tactic or practice which it sometimes uses to extort money ( in some cases more money than Plaintiff is entitled to ) out of consumers ( i.e. either pay us what we claim you owe us or well ruin your credit for seven years ). It seems XXXX  as is not prohibited by contract, government regulations, or the law from removing Defendants account from his credit report with the three major credit bureaus out of revenge and spite because XXXX did not get the outcome XXXX wanted in the XXXX XXXX case and XXXX  ( which is a subsidiary of XXXX ) most likely will not achieve the outcome XXXX desires in the XXXX XXXX XXXX credit card account case and some kind of righteous duty with the intent to annoy, harass, intimidate, embarrass, and humiliate me and is nothing more than an effort to make it difficult for me to apply for and/or obtain credit or to have to pay a higher interest rate if offered a line of credit is preventing XXXX  from removing this account from Defendants credit report with the three major credit bureaus. \nIf it is XXXX position that you are prohibited by law or government regulation from removing this account from my credit report, then you should have to identify any specific section of the FCRA or any other law or government regulation that would prohibit you from removing this account from my credit report and to provide any other information that you are relying upon. Based upon my information 15 U.S.C. 1681i and 15 U.S.C. 1681s-2 ( b ) there is no law or government regulation that would prohibit XXXX from removing this account from my credit report. I have requested this information previously and XXXX has refused to respond and only wants to respond to what it determines or decides it wants to respond to or address. This was also requested by me in the now dismissed collection lawsuit. \nIt also seems that your decision is not based on the law but an alleged company policy. I would ask that you provide a full and complete copy of the policy you are referencing in your previous communications. Please dont carelessly or mindlessly state that the information requested is confidential and proprietary business information and can not be disclosed. In the event of any refiling of any lawsuit regarding this account and alleged debt I will include the request for this information in a Request for the Production of Documents pursuant to XXXX. XXXX. Any failure to respond appropriately to any discovery request is subject to a motion to compel pursuant to XXXX. XXXX. \n\nXXXX has not been truthful in their previous responses to the CFPB and the XXXX  and there will be potential problems for you in the event of any refiling or renewing of this case. \n\nIn your previous correspondence you claim that XXXX regularly reviews credit report data to determine if cardholders continue to qualify for their accounts. You also claim, \" XXXX credit card account are reviewed on a regular basis to determine if an adjustment to the accounts credit limit is needed and to ensure the customer still meets the established eligibility requirements to maintain the card. You refuse to provide the eligibility requirements and credit criteria claiming, Our credit criteria is proprietary business information and can not be disclosed. I do not believe that you review accounts on a regular basis as you claim in your correspondence. \n\nOn two occasions my credit limit was lowered as a result of your so-called review of my account which you claim that my credit limit was reduced due to the number of revolving accounts with high usage. This is not the whole and complete truth. XXXX has omitted an important fact that in XXXX of XXXX a late fee was assessed on the same day as the payment due date XX/XX/XXXX, and the late fee was eventually credited back to the account even though payment was made and did not post until the next day XX/XX/XXXX. The following month the credit limit was reduced by {$100.00}. The other time the credit limit was reduced was in was in XXXX of XXXX. On XX/XX/XXXX ( the same day as the payment due date ) a late fee was assessed to the account even though a payment was made but did not post to the account until the next day XX/XX/XXXX. Then I received a letter from XXXX dated XX/XX/XXXX, stating that my credit limit would be reduced by another {$100.00}. Based on my research it seems the only time my account was reviewed was after a late fee was assessed and that the credit limit reduction is in retaliation and response to a late fee being assessed to the account. In the now dismissed collection lawsuit XXXX was asked in a discovery filing interrogatory to identify each and every time my account was allegedly reviewed. XXXX and their attorney XXXX XXXX failed to respond to the discovery request. The failure to respond to the discovery request is probably one of the factors that lead to the decision by XXXX XXXX to dismiss the lawsuit. \n\nWhen XXXX conducted the review in XXXX of XXXX the XXXX XXXX XXXX credit card account was listed on my credit report as a negative item. XXXX was aware of this account being listed as a negative item on my credit report and did not use it as a reason or basis to not lower the credit limit {$100.00} instead, you used the reason number of account with high usage however, when you allegedly reviewed the account for renewal the XXXX XXXX being listed as a negative item on my credit report was used as a basis and reason for not renewing my account. When you conducted the review of my account in XXXX of XXXX, you were made aware of the XXXX XXXX account being a negative item on my credit report and instead of exercising your right to terminate use of the account without giving notice in advance ; unless we are required to give you notice by law. You also failed to explain why the decision was made to only lower the credit limit and how you determined the amount to lower the credit limit. This was addressed in the Interrogatories that were filed in the now dismissed lawsuit against me. In other words you failed to mitigate you damages. You will have to explain this in court. \n\nYou allegedly reviewed the account again XXXX of XXXX, and then sent a letter dated XX/XX/XXXX, that my account would not be renewed beyond the expiration of the card. This time the XXXX XXXX XXXX credit card account being a negative item on my credit report was used as a reason to not renew my account beyond the expiration date of the card. You will have to explain this in the event of any refilling or relitigating of this case. XXXX XXXX is aware of this because it was included in the answer to the now dismissed collection lawsuit. \n\nThis alleged review was conducted approximately nine months prior to the cards expiration and notice was not sent to me until approximately eight months prior to the cards expiration. \n\nAccording to the XX/XX/XXXX, XXXX XXXX letter that talks about XXXX conducting reviews of accounts the letter also states Under federal law, we must determine the applicants ability to repay credit. My account was left open and not closed until XX/XX/XXXX. After XXXX determined that I no longer qualified for the account and or no longer had the ability to repay credit my account was left open and XXXX allowed me to use the account until the expiration date. This will be a problem for XXXX in the event of any litigation because you as a plaintiff have a duty and responsibility to mitigate your damages. As your agents, employees, and representatives love to cite the customer agreement that we have the right to limit or terminate use of your account without giving you notice in advance ; unless we are required to give you notice by law. You will be required to explain this in the event of any refiling or relitigating of this case. You will have to explain why you made the decision approximately nine months prior to the cards expiration and why you left the account open and allowed continued use of the card after determining that I no longer had the ability to repay credit until the card expired. This was included in the answer to the now dismissed collection lawsuit and XXXX XXXX is aware of this. Additionally, you charged {$41.00} late fees and interest for six months and then charged the account off after six months of receiving no payments because you were required to do so by law. If you determine that someone no longer has the ability to repay credit how is charging that person {$41.00} in late fees for six months or {$240.00} in late fees and interest going to incentivize or get someone to pay when they no longer have the ability to repay credit? \n\nThe aforementioned issued are also addressed in the discovery request that were filed in the now dismissed collection lawsuit and you nor your attorney XXXX XXXX responded to the discovery request. \n\nYou have repeatedly rejected any request by me to settle this case for less than the full balance, which in no way should be construed as an admission of liability or indebtedness by me. In the event of any refiling or renewal of this case, you may have to have to explain why you reject the request and then made a settlement offer in XXXX of XXXX giving me until XX/XX/XXXX, to respond. The letter also indicates if I choose not to accept the offer there may be other opportunities to settle may be available at a later date. And once again in a XXXX of XXXX correspondence by XXXX XXXX reject any offer to settle this account for less than the full balance, which in no way should be construed as an admission of liability or indebtedness by me. \n\nYou also failed to make any reasonable efforts to collect this alleged debt and artificially inflated the balance with unnecessary interest, fees, and penalties. Then you made a settlement offer at the end of XXXX and approximately one month prior to you being required by law to charge off the account and when the late fees and interest stop. \n\nYou issued a XXXX store credit card that can only be used at XXXX. When the account was opened the credit limit was {$800.00}. The credit limit has now been reduced to {$100.00}. The card has no expiration date and is still active. In the event of any renewal or refiling of the XXXX XXXX case you may have to explain this. Specifically, if I dont qualify and or dont have the ability to repay credit on the XXXX XXXX account how do you expect me to repay credit on this account and why you have not closed this account. This is a valid issue and defense. This information was included in the answer to the previous lawsuit that has since been dismissed. XXXX XXXX is and should be aware of this. \n\nYou have lied about and denied and continue to deny and ignore the fact that the decision not renew the account is in retaliation to a dispute I had with XXXX ( which you were a subsidiary of ) regarding a XXXX XXXX XXXX credit card account even though the available evidence supports my claim of retaliation. First, we have the fact that my credit limit was reduced on two occasions as a result of and in retaliation to late fees being assessed to my account. Second, we have the fact that the XXXX XXXX account being listed on my credit report as a negative item ( i.e., the serious delinquency item listed on my credit report reason ) on my credit report and was used as a reason for not renewing my account and included in the letter dated XX/XX/XXXX, informing me that my account would not account would not be renewed. Finally, we have the fact the XXXX ( which XXXX is or was a subsidiary of and has now merged with XXXX ) closed and refused to renew my XXXX XXXX XXXX credit card account and flat out admitted it was due to a to a charge-off of the XXXX XXXX account. I am not asking you to address issues or concerns regarding other accounts but just merely stating the facts and using this information to prove my point or position. \n\nYou have also omitted other important information from your correspondences with me, the CFPB, and the XXXX. \n\nIn your XX/XX/XXXX, letter by XXXX XXXX, you state Our review of your account found the statement with the closing date of XX/XX/XXXX, your account had a balance of {$1400.00} with a minimum payment of {$44.00} due by XX/XX/XXXX. No payment was received for this balance and in accordance with the terms of the credit card agreement, each month the required minimum payment due was not received, the account was charged a late fee and interest charge. This continued until the account balance reach {$1900.00} and charged off on XX/XX/XXXX. This is somewhat misleading because you omit the fact that you are required by law to charge-off an account after you have not received any payments and the account is past due for over 180 days or six months. \n\nYou also omit and fail to admit or mention that the account was closed and could not be used by me but not charged off so that you can continue to act as if the account is still open and assess late fees, penalties, and interest until the balance is paid in full because once the account is charged off ( after 180 days or six months ) the late fees and interest must stop. You wanted the ability to still assess late fees, penalties, and interest to the account. This was discussed and addressed by the answer to the now dismissed lawsuit and you will have to have to explain this in the event of any new litigation. You seem to have forgotten that I can demand a jury trial. Do you think that going in front of a jury and demanding that they give you late fees and interest for six months just because you can charge those fees when you made little to no effort to collect this alleged debt and after you determined that I no longer had the ability to repay credit. What are you are you accomplishing by charging by charging interest and late fees for six months just because you can and until you are required to charge off the account? \n\nIn the event of any renewal or refiling of your claim the answer will be amended to include the fact this is your second attempt at filing the same claim against me and that you are subject to XXXX. XXXX. The discovery request will also be refiled. You should also be aware that some judges have issued standing orders and instructions regarding how cases are handled by that particular judge. One example is State Court of XXXX XXXX XXXX XXXX XXXX XXXX. Section seven of the order addresses extension of time and section seven addresses discovery. Extensions of time for discovery will be granted only upon consent motion or in exceptional cases in which the parties promptly commence and diligently pursue discovery yet are unable to complete discovery in the timeframe set forth above due to circumstances not reasonably anticipated at the time that the parties prepare and submit the XXXX XXXX. Any motion for an extension of time for discovery must be filed with the Court prior to the expiration of the existing discovery period. A copy of the standing order is attached for your review. This case was NOT assigned to XXXX XXXX and this order did not apply. You are required to respond to the discovery request truthfully and accurately within the timeframe provided by law. Failure to respond or to respond truthfully and accurately could result in you having to pay expenses incurred by me to prove that you did not respond truthfully and accurately and any failure to respond at all could result in a motion to compel. XXXX XXXX is aware of this fact. This case has already been filed and then dismissed. If the case is refiled and then dismissed voluntarily again that will serve as an adjudication upon the merits ( and is the same as a dismissal with prejudice ) O.C.G.A. 9-11-41 ( a ) ( 3 ). In other words, you will be prohibited by law from filing any additional lawsuits, claims, or actions, regarding this account and alleged debt and then would have no means to collect this alleged debt and no remedies available to you. It would be a violation of the FDCPA for any debt collector to threaten to take any action that can not legally be taken or that is not intended to be taken 15 U.S.C. 1692e ( 5 ) or the use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer 15 U.S.C. 1692e ( 10 ). \n\nAs previously stated, XXXX XXXX was sent a validation request on XX/XX/XXXX and it was received by them on XX/XX/XXXX. As of the date of this letter, no response other than the attorney acknowledging receipt of the request and stating that they are gathering the requested information and documents. \n\nXXXX XXXX is also aware of the previous lawsuit and will have to decide whether or not they will renew or refile this claim. Factors that could affect their decision include the failure to respond to the discovery request in the previous case and the defenses I have raised and outlined in this letter. You are not taking this fact into consideration when denying my request to delete this account from my credit report. \n\nYou should be aware that XXXX XXXX and the XXXX XXXX XXXX XXXX XXXX XXXX of Georgia have copies of all of your correspondence and communications with me, the CFPB, and the XXXX  except any that were received after the case was dismissed. The documents were provided to the court by me because they were attached to the answer as exhibits. In the event of any new litigation all communications received after the answer was filed will be attached as exhibits to an amended answer. You should also be aware that any documents filed with the court are public records and can be made available to anyone who request them provided they pay any fees imposed by the court or court clerks office for researching and printing of the request documents. The XXXX XXXX XXXX XXXX XXXX XXXX of Georgia also uses an online system https : //www.peachcourt.com to file cases and to obtain documents filed in cases if available. Anyone can register and create a peachcourt account and obtain copies documents filed in cases if available for a per item fee. Attorneys are required to file all cases online using the peachcourt website. Attorneys will have unlimited access to all of the documents available on and through the peachcourt website. You also may use XXXX XXXX XXXXXXXX to look up information regarding cases. This is a free service for anyone to use and you dont have to register. This site will not provide you with access to documents filed in the case and will only provide you with a list of any actions, events, or filings in the case. If you were to hire a new attorney, you must make them aware of the fact that you previously filed a lawsuit and then dismissed it approximately three months later and the fact they you and your attorney failed to respond to the discovery request then that attorney will make a decision whether or not to represent you or not. If you fail to inform the attorney and provide the attorney with all information regarding the case and account and withhold or omit information the attorney could withdraw from your case and or dismiss any pending court action/litigation. In this case it would be a second notice of dismissal and would serve or operate as an adjudication upon the merits and would be the same as a dismissal with prejudice O.C.G.A. 9-11-41 ( a ) ( 3 ).","date_sent_to_company":"2022-12-22T18:26:08.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"30066","tags":null,"has_narrative":true,"complaint_id":"6354302","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2022-12-22T18:25:54.000Z","state":"GA","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["You also omit and fail to admit or mention that the account was closed and could not be used by me but not charged off so that you can continue to act as if the account is still open and assess <em>late</em> <em>fees</em>, <em>penalties</em>, and interest until the balance is paid in full because once the account is charged off ( after 180 days or six months ) the <em>late</em> <em>fees</em> and interest must <em>stop</em>. You wanted the ability to still assess <em>late</em> <em>fees</em>, <em>penalties</em>, and interest to the account."]},"sort":[8.944302,"6354302"]},{"_index":"complaint-public-v1","_id":"6354301","_score":8.935771,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"On or about XX/XX/XXXX, I received a dunning/collection letter from XXXX XXXX regarding the XXXX  XXXX XXXX credit card account On XX/XX/XXXX, Defendant mailed a debt validation request to XXXX XXXX  via certified mail tracking number XXXX. \nOn XX/XX/XXXX, XXXX XXXX received my debt validation request. \nI never received a response to my validation request which may be a violation of the FDCPA and 12 C.F.R. 106.34 ( a ) ( 1 ) and instead XXXX XXXX filed suit instead of responding. \nOn XX/XX/XXXX, XXXX XXXX filed this civil suit/action against me on behalf of XXXX  XXXX XXXX XXXX  in the State Court of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX On XX/XX/XXXX, I filed an answer to the lawsuit/complaint along with discovery motions/request Interrogatories, Request for the Production of Documents and Notice to Produce, and Request for Admissions. A copy of the Answer along with the discovery request was sent to you via certified mail tracking number XXXX. A copy of the Interrogatories, Request for the Production of Documents and Notice to Produce, and Request for Admissions. \nAccording to the post office, the package picked up at a postal facility by your agent, representative, or employee at XXXX XXXX  on XX/XX/XXXX. \n\nThe thirty days to respond to the discovery request started on XX/XX/XXXX, and ended on XX/XX/XXXX. \n\nI never received a response to the discovery request. \n\nPursuant to Georgia law O.C.G.A 9-11-33 ( a ) ( 2 ), 9-11-34 ( b ) ( 2 ), and 9-11-36 ( a ) ( 2 ), the party upon whom the discovery has been served shall serve a copy of the answers, and objections if any, within thirty ( 30 ) days after the service of the discovery request, except that a defendant may serve answers or objections within 45 days after service of the summons and complaint upon that defendant. The court may allow a shorter or longer time at the courts discretion. The party submitting the interrogatories may move for an order under subsection ( a ) of Code Section 9-11-37 with respect to any objection to or other failure to answer any discovery motion/request. \n\nPursuant to O.C.G.A. 9-11-36 ( a ) ( 2 ) The matter is admitted unless, within 30 days after service of the request or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by his attorney. Any matter admitted under this Code section is conclusively established unless the court, on motion, permits withdrawal or amendment of the admission O.C.G.A. 9-11-36 ( b ). \n\nOn XX/XX/XXXX, and XX/XX/XXXX. XXXX, I reached out to XXXX XXXX office by e-mail pursuant to rule 6.4 ( b ) and prior to filing a motion to compel pursuant to O.C.G.A. 9-11-37. \n\nOn XX/XX/XXXX, I mailed a certified letter ( tracking number XXXX ) to XXXX XXXX office and the letter was delivered and received by your office on XXXX, XXXX. \n\nOn XX/XX/XXXX, XXXX XXXX filed for voluntary dismissal without prejudice in the XXXX XXXX XXXX XXXX XXXX Georgia XXXX XXXX XXXX No XXXX. \n\nNow on XX/XX/XXXX, I received a dunning letter from XXXX XXXX listing XXXX XXXX. instead of XXXX  XXXX XXXX XXXX  or ( XXXX ) as the creditor. This is the same claim or action just listing a different creditor. \n\nOn XX/XX/XXXX, I mailed a second request for validation to XXXX XXXX via certified mail tracking number XXXX. According to the post office the item was delivered on XX/XX/XXXX. \n\nOn XX/XX/XXXX, I received an e-mail from one of XXXX XXXX attorneys confirming receipt of the validation request. \n\nGood afternoon, Our office is in receipt of your request and is gathering the requested documents for your review. \n\nXXXX XXXX XXXX, XXXX. \nLead Litigation GA Attorney XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, GA XXXX Phone : XXXX Ex. XXXX Fax : XXXX XXXX THIS COMMUNICATION IS FROM A DEBT COLLECTOR. \nPRIVILEGE AND CONFIDENTIALITY NOTICE : This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute, or copy this message and or any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by XXXX XXXX XXXX XXXX for damage arising in any way from its use. \nXXXX XXXX is a debt collector as defined by the Fair Debt Collection Practices Act ( FDCPA ) 15 U.S.C. 1692a ( 6 ) and is required to comply with the FDCPA. \nIf the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, or that the consumer request the name and address of the original creditor, the debt collector must cease collection of the debt, or any 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 15 U.S.C. 1692g ( b ). \n\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 15 U.S.C. 1692g ( c ). \n\nAs of the date of this letter, no response or validation/verification has been received by me. \n\nAny failure by XXXX XXXX to comply with or any violation of the FDCPA by XXXX XXXX XXXX result in XXXX XXXX being subject to civil liability as outlined in 15 U.S.C. 1692k. \n\nXXXX XXXX was notified and is aware that this is a second attempt to collect this alleged debt for the same account with XXXX XXXX XXXX XXXX XXXX XXXX ) which is a subsidiary of XXXX XXXX and that as of XX/XX/XXXX, XXXX has merged with XXXX. \n\nAny refiling or renewing of a case would be subject to O.C.G.A. 9-2-61 and O.C.G.A. 9-11-41. \n\nXXXX XXXX has received two requests for validation and has failed to respond to both of them. XXXX XXXX has had approximately ten months to respond to my request for validation. Dont you think if XXXX XXXX intended to collect this alleged debt that they would have responded to the validation request a required by law by now? \n\nAs of the date of this letter, there has been no refiling of any lawsuit against me to collect this alleged debt. XXXX XXXX would have to consider all the things discussed in this letter when deciding whether or not it wants to refile the case in any court. XXXX XXXX would have to consider that if the Request for Admissions in the previous and now dismissed lawsuit is deemed admitted pursuant to Pursuant to O.C.G.A. 9-11-36 ( a ) ( 2 ) and O.C.G.A. 9-11-36 ( b ) then it will be difficult for you or XXXX XXXX to pursue a new claim because if certain admissions are deemed admitted then you will probably lose your case. XXXX XXXX is aware of this fact. XXXX XXXX had the option to motion the court to allow withdrawal of the admission and or work with me to resolve any issues with discovery instead XXXX XXXX chose to dismiss the lawsuit. In the event of any renewal or refiling of any lawsuit, XXXX XXXX would essentially be refiling the same claim involving the same parties. If you or your attorney admitted the previous case away for failing to respond, then it will be difficult to refile the case and win or be successful. It seems as if you dont think about this or take this into consideration when deciding not to delete this account from my credit report. \n\nBecause you disagree with the decisions made by XXXX XXXX, the laws of the State of Georgia, and the information that you have been provided is not reason or grounds for you to dismiss and ignore the information that you have been provided and make decision based on your personal ideology or beliefs under the guise of some unnamed/specified law, government regulation, or company policy where you do state the specific law and section of the law, the specific government regulation, or provide a copy of the company policy you are citing and relying upon. You only provide a selective cursory response on items that you want to respond to and its like your response is scripted. Additionally, it seems that you copy and paste previous responses. \n\nYou position is As a credit provider, we are obligated to report the account accurately to the credit reporting agencies. This statement is designed to end any discussion regarding credit reporting and to justify not removing an item from a credit report and is misleading, while you are required by law to report accurate information to the credit reporting agencies, you are not required to report account to the credit reporting agencies. It seems as if this statement is crafted to make any credit reporting dispute go away. This statement also suggests that you have some kind of moral or ethical obligation and not a legal obligation to report this account to a credit bureau and suggest your decision not to delete this account from the credit report is a moral decision and not a legal one. \nXXXX  own customer agreement for the credit card states \" We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. We may report account information in your name and the names of authorized users. We may also obtain follow-up credit reports on you. If you think we reported incorrect information to a credit bureau, write us at the Customer Service address on the billing statement. We will investigate the matter. We will then tell you if we agree or disagree with you. If we agree with you, we will contact each credit bureau to which we reported and request a correction. If we disagree with you, we will tell you that. '' The card agreement states that XXXX can report information about a consumer and the account to a credit bureau if XXXX chooses to do so however, the card agreement does not prohibit XXXX from updating or removing information about a consumer from a consumers credit file. Additionally, if XXXX were to assign or sell this account to a debt buyer or collection agency and that debt buyer or collection agency reported this account to the credit bureau, XXXX would be obligated or required by the FCRA to remove the account from my credit report because the FCRA prohibits duplicate accounts, or the same information or account being reported multiple times on a consumers credit report. XXXX also fails or neglects to mention that some debt collectors will offer to delete the account from a consumers credit report in exchange for payment especially if it is written in any settlement agreement or consent order. XXXX does not want to admit that credit reporting is nothing more than a debt collection tactic or practice which it sometimes uses to extort money ( in some cases more money than Plaintiff is entitled to ) out of consumers ( i.e. either pay us what we claim you owe us or well ruin your credit for seven years ). It seems XXXX  as is not prohibited by contract, government regulations, or the law from removing Defendants account from his credit report with the three major credit bureaus out of revenge and spite because XXXX did not get the outcome XXXX wanted in the XXXX XXXX case and XXXX  ( which is a subsidiary of XXXX ) most likely will not achieve the outcome XXXX desires in the XXXX XXXX XXXX credit card account case and some kind of righteous duty with the intent to annoy, harass, intimidate, embarrass, and humiliate me and is nothing more than an effort to make it difficult for me to apply for and/or obtain credit or to have to pay a higher interest rate if offered a line of credit is preventing XXXX  from removing this account from Defendants credit report with the three major credit bureaus. \nIf it is XXXX  position that you are prohibited by law or government regulation from removing this account from my credit report, then you should have to identify any specific section of the FCRA or any other law or government regulation that would prohibit you from removing this account from my credit report and to provide any other information that you are relying upon. Based upon my information 15 U.S.C. 1681i and 15 U.S.C. 1681s-2 ( b ) there is no law or government regulation that would prohibit XXXX from removing this account from my credit report. I have requested this information previously and XXXX has refused to respond and only wants to respond to what it determines or decides it wants to respond to or address. This was also requested by me in the now dismissed collection lawsuit. \nIt also seems that your decision is not based on the law but an alleged company policy. I would ask that you provide a full and complete copy of the policy you are referencing in your previous communications. Please dont carelessly or mindlessly state that the information requested is confidential and proprietary business information and can not be disclosed. In the event of any refiling of any lawsuit regarding this account and alleged debt I will include the request for this information in a Request for the Production of Documents pursuant to O.C.G.A. 9-11-33. Any failure to respond appropriately to any discovery request is subject to a motion to compel pursuant to O.C.G.A. 9-11-37. \n\nXXXX has not been truthful in their previous responses to the CFPB and the XXXX  and there will be potential problems for you in the event of any refiling or renewing of this case. \n\nIn your previous correspondence you claim that XXXX regularly reviews credit report data to determine if cardholders continue to qualify for their accounts. You also claim, \" XXXX credit card account are reviewed on a regular basis to determine if an adjustment to the accounts credit limit is needed and to ensure the customer still meets the established eligibility requirements to maintain the card. You refuse to provide the eligibility requirements and credit criteria claiming, Our credit criteria is proprietary business information and can not be disclosed. I do not believe that you review accounts on a regular basis as you claim in your correspondence. \n\nOn two occasions my credit limit was lowered as a result of your so-called review of my account which you claim that my credit limit was reduced due to the number of revolving accounts with high usage. This is not the whole and complete truth. XXXX has omitted an important fact that in XXXX of XXXX a late fee was assessed on the same day as the payment due date XX/XX/XXXX, and the late fee was eventually credited back to the account even though payment was made and did not post until the next day XX/XX/XXXX. The following month the credit limit was reduced by {$100.00}. The other time the credit limit was reduced was in was in XXXX of XXXX. On XX/XX/XXXX ( the same day as the payment due date ) a late fee was assessed to the account even though a payment was made but did not post to the account until the next day XX/XX/XXXX. Then I received a letter from XXXX dated XX/XX/XXXX, stating that my credit limit would be reduced by another {$100.00}. Based on my research it seems the only time my account was reviewed was after a late fee was assessed and that the credit limit reduction is in retaliation and response to a late fee being assessed to the account. In the now dismissed collection lawsuit XXXX was asked in a discovery filing interrogatory to identify each and every time my account was allegedly reviewed. XXXX and their attorney XXXX XXXX failed to respond to the discovery request. The failure to respond to the discovery request is probably one of the factors that lead to the decision by XXXX XXXX to dismiss the lawsuit. \n\nWhen XXXX conducted the review in XXXX of XXXX the XXXX XXXX XXXX credit card account was listed on my credit report as a negative item. XXXX was aware of this account being listed as a negative item on my credit report and did not use it as a reason or basis to not lower the credit limit {$100.00} instead, you used the reason number of account with high usage however, when you allegedly reviewed the account for renewal the XXXX XXXX being listed as a negative item on my credit report was used as a basis and reason for not renewing my account. When you conducted the review of my account in XXXX of XXXX, you were made aware of the XXXX XXXX account being a negative item on my credit report and instead of exercising your right to terminate use of the account without giving notice in advance ; unless we are required to give you notice by law. You also failed to explain why the decision was made to only lower the credit limit and how you determined the amount to lower the credit limit. This was addressed in the Interrogatories that were filed in the now dismissed lawsuit against me. In other words you failed to mitigate you damages. You will have to explain this in court. \n\nYou allegedly reviewed the account again XXXX of XXXX, and then sent a letter dated XX/XX/XXXX, that my account would not be renewed beyond the expiration of the card. This time the XXXX XXXX XXXX credit card account being a negative item on my credit report was used as a reason to not renew my account beyond the expiration date of the card. You will have to explain this in the event of any refilling or relitigating of this case. XXXX XXXX is aware of this because it was included in the answer to the now dismissed collection lawsuit. \n\nThis alleged review was conducted approximately nine months prior to the cards expiration and notice was not sent to me until approximately eight months prior to the cards expiration. \n\nAccording to the XX/XX/XXXX, XXXX XXXX letter that talks about XXXX conducting reviews of accounts the letter also states Under federal law, we must determine the applicants ability to repay credit. My account was left open and not closed until XX/XX/XXXX. After XXXX determined that I no longer qualified for the account and or no longer had the ability to repay credit my account was left open and XXXX allowed me to use the account until the expiration date. This will be a problem for XXXX in the event of any litigation because you as a plaintiff have a duty and responsibility to mitigate your damages. As your agents, employees, and representatives love to cite the customer agreement that we have the right to limit or terminate use of your account without giving you notice in advance ; unless we are required to give you notice by law. You will be required to explain this in the event of any refiling or relitigating of this case. You will have to explain why you made the decision approximately nine months prior to the cards expiration and why you left the account open and allowed continued use of the card after determining that I no longer had the ability to repay credit until the card expired. This was included in the answer to the now dismissed collection lawsuit and XXXX XXXX is aware of this. Additionally, you charged {$41.00} late fees and interest for six months and then charged the account off after six months of receiving no payments because you were required to do so by law. If you determine that someone no longer has the ability to repay credit how is charging that person {$41.00} in late fees for six months or {$240.00} in late fees and interest going to incentivize or get someone to pay when they no longer have the ability to repay credit? \n\nThe aforementioned issued are also addressed in the discovery request that were filed in the now dismissed collection lawsuit and you nor your attorney XXXX XXXX responded to the discovery request. \n\nYou have repeatedly rejected any request by me to settle this case for less than the full balance, which in no way should be construed as an admission of liability or indebtedness by me. In the event of any refiling or renewal of this case, you may have to have to explain why you reject the request and then made a settlement offer in XXXX of XXXX giving me until XX/XX/XXXX, to respond. The letter also indicates if I choose not to accept the offer there may be other opportunities to settle may be available at a later date. And once again in a XXXX of XXXX correspondence by XXXX XXXX reject any offer to settle this account for less than the full balance, which in no way should be construed as an admission of liability or indebtedness by me. \n\nYou also failed to make any reasonable efforts to collect this alleged debt and artificially inflated the balance with unnecessary interest, fees, and penalties. Then you made a settlement offer at the end of XXXX and approximately one month prior to you being required by law to charge off the account and when the late fees and interest stop. \n\nYou issued a XXXX store credit card that can only be used at XXXX. When the account was opened the credit limit was {$800.00}. The credit limit has now been reduced to {$100.00}. The card has no expiration date and is still active. In the event of any renewal or refiling of the XXXX XXXX case you may have to explain this. Specifically, if I dont qualify and or dont have the ability to repay credit on the XXXX XXXX account how do you expect me to repay credit on this account and why you have not closed this account. This is a valid issue and defense. This information was included in the answer to the previous lawsuit that has since been dismissed. XXXX XXXX is and should be aware of this. \n\nYou have lied about and denied and continue to deny and ignore the fact that the decision not renew the account is in retaliation to a dispute I had with XXXX ( which you were a subsidiary of ) regarding a XXXX XXXX XXXX credit card account even though the available evidence supports my claim of retaliation. First, we have the fact that my credit limit was reduced on two occasions as a result of and in retaliation to late fees being assessed to my account. Second, we have the fact that the XXXX XXXX account being listed on my credit report as a negative item ( i.e., the serious delinquency item listed on my credit report reason ) on my credit report and was used as a reason for not renewing my account and included in the letter dated XX/XX/XXXX, informing me that my account would not account would not be renewed. Finally, we have the fact the XXXX ( which XXXX is or was a subsidiary of and has now merged with XXXX ) closed and refused to renew my XXXX XXXX XXXX credit card account and flat out admitted it was due to a to a charge-off of the XXXX XXXX account. I am not asking you to address issues or concerns regarding other accounts but just merely stating the facts and using this information to prove my point or position. \n\nYou have also omitted other important information from your correspondences with me, the CFPB, and the XXXX. \n\nIn your XX/XX/XXXX, letter by XXXX XXXX, you state Our review of your account found the statement with the closing date of XX/XX/XXXX, your account had a balance of {$1400.00} with a minimum payment of {$44.00} due by XX/XX/XXXX. No payment was received for this balance and in accordance with the terms of the credit card agreement, each month the required minimum payment due was not received, the account was charged a late fee and interest charge. This continued until the account balance reach {$1900.00} and charged off on XX/XX/XXXX. This is somewhat misleading because you omit the fact that you are required by law to charge-off an account after you have not received any payments and the account is past due for over 180 days or six months. \n\nYou also omit and fail to admit or mention that the account was closed and could not be used by me but not charged off so that you can continue to act as if the account is still open and assess late fees, penalties, and interest until the balance is paid in full because once the account is charged off ( after 180 days or six months ) the late fees and interest must stop. You wanted the ability to still assess late fees, penalties, and interest to the account. This was discussed and addressed by the answer to the now dismissed lawsuit and you will have to have to explain this in the event of any new litigation. You seem to have forgotten that I can demand a jury trial. Do you think that going in front of a jury and demanding that they give you late fees and interest for six months just because you can charge those fees when you made little to no effort to collect this alleged debt and after you determined that I no longer had the ability to repay credit. What are you are you accomplishing by charging by charging interest and late fees for six months just because you can and until you are required to charge off the account? \n\nIn the event of any renewal or refiling of your claim the answer will be amended to include the fact this is your second attempt at filing the same claim against me and that you are subject to O.C.G.A. 9-11-41. The discovery request will also be refiled. You should also be aware that some judges have issued standing orders and instructions regarding how cases are handled by that particular judge. One example is State Court of XXXX XXXX XXXX XXXX XXXX XXXX. Section seven of the order addresses extension of time and section seven addresses discovery. Extensions of time for discovery will be granted only upon consent motion or in exceptional cases in which the parties promptly commence and diligently pursue discovery yet are unable to complete discovery in the timeframe set forth above due to circumstances not reasonably anticipated at the time that the parties prepare and submit the Scheduling Order. Any motion for an extension of time for discovery must be filed with the Court prior to the expiration of the existing discovery period. A copy of the standing order is attached for your review. This case was NOT assigned to XXXX XXXX and this order did not apply. You are required to respond to the discovery request truthfully and accurately within the timeframe provided by law. Failure to respond or to respond truthfully and accurately could result in you having to pay expenses incurred by me to prove that you did not respond truthfully and accurately and any failure to respond at all could result in a motion to compel. XXXX XXXX is aware of this fact. This case has already been filed and then dismissed. If the case is refiled and then dismissed voluntarily again that will serve as an adjudication upon the merits ( and is the same as a dismissal with prejudice ) O.C.G.A. 9-11-41 ( a ) ( 3 ). In other words, you will be prohibited by law from filing any additional lawsuits, claims, or actions, regarding this account and alleged debt and then would have no means to collect this alleged debt and no remedies available to you. It would be a violation of the FDCPA for any debt collector to threaten to take any action that can not legally be taken or that is not intended to be taken 15 U.S.C. 1692e ( 5 ) or the use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer 15 U.S.C. 1692e ( 10 ). \n\nAs previously stated, XXXX XXXX was sent a validation request on XX/XX/XXXX and it was received by them on XX/XX/XXXX. As of the date of this letter, no response other than the attorney acknowledging receipt of the request and stating that they are gathering the requested information and documents. \n\nXXXX XXXX is also aware of the previous lawsuit and will have to decide whether or not they will renew or refile this claim. Factors that could affect their decision include the failure to respond to the discovery request in the previous case and the defenses I have raised and outlined in this letter. You are not taking this fact into consideration when denying my request to delete this account from my credit report. \n\nYou should be aware that XXXX XXXX and the State Court of Cobb County State of Georgia have copies of all of your correspondence and communications with me, the CFPB, and the XXXX  except any that were received after the case was dismissed. The documents were provided to the court by me because they were attached to the answer as exhibits. In the event of any new litigation all communications received after the answer was filed will be attached as exhibits to an amended answer. You should also be aware that any documents filed with the court are public records and can be made available to anyone who request them provided they pay any fees imposed by the court or court clerks office for researching and printing of the request documents. The XXXX XXXX XXXX XXXX XXXX XXXX of Georgia also uses an online system XXXX XXXX XXXX to file cases and to obtain documents filed in cases if available. Anyone can register and create a peachcourt account and obtain copies documents filed in cases if available for a per item fee. Attorneys are required to file all cases online using the peachcourt website. Attorneys will have unlimited access to all of the documents available on and through the peachcourt website. You also may use XXXX XXXX XXXX to look up information regarding cases. This is a free service for anyone to use and you dont have to register. This site will not provide you with access to documents filed in the case and will only provide you with a list of any actions, events, or filings in the case. If you were to hire a new attorney, you must make them aware of the fact that you previously filed a lawsuit and then dismissed it approximately three months later and the fact they you and your attorney failed to respond to the discovery request then that attorney will make a decision whether or not to represent you or not. If you fail to inform the attorney and provide the attorney with all information regarding the case and account and withhold or omit information the attorney could withdraw from your case and or dismiss any pending court action/litigation. In this case it would be a second notice of dismissal and would serve or operate as an adjudication upon the merits and would be the same as a dismissal with prejudice O.C.G.A. 9-11-41 ( a ) ( 3 ).","date_sent_to_company":"2022-12-22T18:26:08.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"30066","tags":null,"has_narrative":true,"complaint_id":"6354301","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2022-12-22T18:25:54.000Z","state":"GA","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["You also omit and fail to admit or mention that the account was closed and could not be used by me but not charged off so that you can continue to act as if the account is still open and assess <em>late</em> <em>fees</em>, <em>penalties</em>, and interest until the balance is paid in full because once the account is charged off ( after 180 days or six months ) the <em>late</em> <em>fees</em> and interest must <em>stop</em>. You wanted the ability to still assess <em>late</em> <em>fees</em>, <em>penalties</em>, and interest to the account."]},"sort":[8.935771,"6354301"]},{"_index":"complaint-public-v1","_id":"6354176","_score":8.934843,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"On or about XX/XX/XXXX, I received a dunning/collection letter from XXXX XXXX regarding the XXXX XXXX  XXXX credit card account On XX/XX/XXXX, Defendant mailed a debt validation request to XXXX XXXX via certified mail tracking number XXXX. \nOn XX/XX/XXXX, XXXX XXXX received my debt validation request. \nI never received a response to my validation request which may be a violation of the FDCPA and 12 C.F.R. 106.34 ( a ) ( 1 ) and instead XXXX XXXX filed suit instead of responding. \nOn XX/XX/XXXX, XXXX XXXX filed this civil suit/action against me on behalf of XXXX XXXX XXXX XXXX in the State Court of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX On XX/XX/XXXX, I filed an answer to the lawsuit/complaint along with discovery motions/request Interrogatories, Request for the Production of Documents and Notice to Produce, and Request for Admissions. A copy of the Answer along with the discovery request was sent to you via certified mail tracking number XXXX. A copy of the Interrogatories, Request for the Production of Documents and Notice to Produce, and Request for Admissions. \nAccording to the post office, the package picked up at a postal facility by your agent, representative, or employee at XXXX XXXX on XXXX XXXX XXXX  \nThe thirty days to respond to the discovery request started on XX/XX/XXXX, and ended on XX/XX/XXXX. \n\nI never received a response to the discovery request. \n\nPursuant to Georgia law XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX a ) ( XXXX ), the party upon whom the discovery has been served shall serve a copy of the answers, and objections if any, within thirty ( 30 ) days after the service of the discovery request, except that a defendant may serve answers or objections within 45 days after service of the summons and complaint upon that defendant. The court may allow a shorter or longer time at the courts discretion. The party submitting the interrogatories may move for an order under subsection ( a ) of Code Section 9-11-37 with respect to any objection to or other failure to answer any discovery motion/request. \n\nPursuant to XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ) The matter is admitted unless, within 30 days after service of the request or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by his attorney. Any matter admitted under this Code section is conclusively established unless the court, on motion, permits withdrawal or amendment of the admission XXXX XXXX XXXX XXXX XXXX \n\nOn XX/XX/XXXX, and XX/XX/XXXX. XXXX, I reached out to RAS LaVrars office by e-mail pursuant to rule XXXX ( b ) and prior to filing a motion to compel pursuant to XXXX. XXXX. \n\nOn XX/XX/XXXX, I mailed a certified letter ( tracking number XXXX ) to XXXX XXXX office and the letter was delivered and received by your office on XXXX, XXXX. \n\nOn XX/XX/XXXX, XXXX XXXX filed for voluntary dismissal without prejudice in the XXXX XXXX XXXX XXXX XXXX Georgia Civil Action File No XXXX. \n\nNow on XX/XX/XXXX, I received a dunning letter from XXXX XXXX listing XXXX XXXX. instead of Department XXXX XXXX Bank or ( XXXX ) as the creditor. This is the same claim or action just listing a different creditor. \n\nOn XX/XX/XXXX, I mailed a second request for validation to XXXX XXXX via certified mail tracking number XXXX. According to the post office the item was delivered on XX/XX/XXXX. \n\nOn XX/XX/XXXX, I received an e-mail from XXXX of XXXX XXXX attorneys confirming receipt of the validation request. \n\nGood afternoon, Our office is in receipt of your request and is gathering the requested documents for your review. \n\nXXXX XXXX XXXX, XXXX. \nLead Litigation GA Attorney XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, GA XXXX Phone : XXXX Ex. XXXX Fax : XXXX XXXX THIS COMMUNICATION IS FROM A DEBT COLLECTOR. \nPRIVILEGE AND CONFIDENTIALITY NOTICE : This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute, or copy this message and or any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by XXXX XXXX XXXX XXXX for damage arising in any way from its use. \nXXXX XXXX is a debt collector as defined by the Fair Debt Collection Practices Act ( FDCPA ) XXXX U.S.C. XXXX ( XXXX ) and is required to comply with the FDCPA. \nIf the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, or that the consumer request the name and address of the original creditor, the debt collector must cease collection of the debt, or any 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 15 U.S.C. 1692g ( b ). \n\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 15 U.S.C. 1692g ( c ). \n\nAs of the date of this letter, no response or validation/verification has been received by me. \n\nAny failure by XXXX XXXX to comply with or any violation of the FDCPA by XXXX XXXX XXXX result in XXXX XXXX  being subject to civil liability as outlined in 15 U.S.C. 1692k. \n\nXXXX XXXX was notified and is aware that this is a second attempt to collect this alleged debt for the same account with Department XXXXXXXX XXXX XXXX XXXX XXXX  ) which is a subsidiary of XXXX XXXX and that as of XX/XX/XXXX, XXXX has merged with XXXX. \n\nAny refiling or renewing of a case would be subject to XXXX. XXXX and XXXX XXXX \n\nXXXX XXXX has received two requests for validation and has failed to respond to both of them. XXXX XXXX has had approximately ten months to respond to my request for validation. Dont you think if XXXX XXXX XXXX to collect this alleged debt that they would have responded to the validation request a required by law by now? \n\nAs of the date of this letter, there has been no refiling of any lawsuit against me to collect this alleged debt. XXXX XXXX would have to consider all the things discussed in this letter when deciding whether or not it wants to refile the case in any court. XXXX XXXX would have to consider that if the Request for Admissions in the previous and now dismissed lawsuit is deemed admitted pursuant to Pursuant to XXXX. XXXX ( a ) ( XXXX ) anXXXX XXXX XXXX  ( b ) then it will be difficult for you or XXXX XXXX to pursue a new claim because if certain admissions are deemed admitted then you will probably lose your case. XXXX XXXX is aware of this fact. XXXX XXXX had the option to motion the court to allow withdrawal of the admission and or work with me to resolve any issues with discovery instead XXXX XXXX chose to dismiss the lawsuit. In the event of any renewal or refiling of any lawsuit, XXXX XXXX would essentially be refiling the same claim involving the same parties. If you or your attorney admitted the previous case away for failing to respond, then it will be difficult to refile the case and win or be successful. It seems as if you dont think about this or take this into consideration when deciding not to delete this account from my credit report. \n\nBecause you disagree with the decisions made by XXXX XXXX, the laws of the State of Georgia, and the information that you have been provided is not reason or grounds for you to dismiss and ignore the information that you have been provided and make decision based on your personal ideology or beliefs under the guise of some unnamed/specified law, government regulation, or company policy where you do state the specific law and section of the law, the specific government regulation, or provide a copy of the company policy you are citing and relying upon. You only provide a selective cursory response on items that you want to respond to and its like your response is scripted. Additionally, it seems that you copy and paste previous responses. \n\nYou position is As a credit provider, we are obligated to report the account accurately to the credit reporting agencies. This statement is designed to end any discussion regarding credit reporting and to justify not removing an item from a credit report and is misleading, while you are required by law to report accurate information to the credit reporting agencies, you are not required to report account to the credit reporting agencies. It seems as if this statement is crafted to make any credit reporting dispute go away. This statement also suggests that you have some kind of moral or ethical obligation and not a legal obligation to report this account to a credit bureau and suggest your decision not to delete this account from the credit report is a moral decision and not a legal one.\n\nDSNBs own customer agreement for the credit card states \" We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. We may report account information in your name and the names of authorized users. We may also obtain follow-up credit reports on you. If you think we reported incorrect information to a credit bureau, write us at the Customer Service address on the billing statement. We will investigate the matter. We will then tell you if we agree or disagree with you. If we agree with you, we will contact each credit bureau to which we reported and request a correction. If we disagree with you, we will tell you that. '' The card agreement states that XXXX can report information about a consumer and the account to a credit bureau if XXXX chooses to do so however, the card agreement does not prohibit XXXX from updating or removing information about a consumer from a consumers credit file. Additionally, if XXXX were to assign or sell this account to a debt buyer or collection agency and that debt buyer or collection agency reported this account to the credit bureau, XXXX would be obligated or required by the FCRA to remove the account from my credit report because the FCRA prohibits duplicate accounts, or the same information or account being reported multiple times on a consumers credit report. XXXX also fails or neglects to mention that some debt collectors will offer to delete the account from a consumers credit report in exchange for payment especially if it is written in any settlement agreement or consent order. XXXX does not want to admit that credit reporting is nothing more than a debt collection tactic or practice which it sometimes uses to extort money ( in some cases more money than Plaintiff is entitled to ) out of consumers ( i.e. either pay us what we claim you owe us or well ruin your credit for seven years ). It seems XXXX as is not prohibited by contract, government regulations, or the law from removing Defendants account from his credit report with the three major credit bureaus out of revenge and spite because XXXX did not get the outcome XXXX wanted in the XXXX XXXX case and XXXX  ( which is a subsidiary of XXXX ) most likely will not achieve the outcome XXXX desires in the XXXX XXXX XXXX credit card account case and some kind of righteous duty with the intent to annoy, harass, intimidate, embarrass, and humiliate me and is nothing more than an effort to make it difficult for me to apply for and/or obtain credit or to have to pay a higher interest rate if offered a line of credit is preventing XXXX from removing this account from Defendants credit report with the three major credit bureaus. \nIf it is XXXX position that you are prohibited by law or government regulation from removing this account from my credit report, then you should have to identify any specific section of the FCRA or any other law or government regulation that would prohibit you from removing this account from my credit report and to provide any other information that you are relying upon. Based upon my information 15 U.S.C. 1681i and 15 U.S.C. 1681s-2 ( b ) there is no law or government regulation that would prohibit XXXX from removing this account from my credit report. I have requested this information previously and XXXX has refused to respond and only wants to respond to what it determines or decides it wants to respond to or address. This was also requested by me in the now dismissed collection lawsuit. \nIt also seems that your decision is not based on the law but an alleged company policy. I would ask that you provide a full and complete copy of the policy you are referencing in your previous communications. Please dont carelessly or mindlessly state that the information requested is confidential and proprietary business information and can not be disclosed. In the event of any refiling of any lawsuit regarding this account and alleged debt I will include the request for this information in a Request for the Production of Documents pursuant to XXXX. XXXX. Any failure to respond appropriately to any discovery request is subject to a motion to compel pursuant to XXXX. XXXX. \n\nXXXX has not been truthful in their previous responses to the CFPB and the XXXX and there will be potential problems for you in the event of any refiling or renewing of this case. \n\nIn your previous correspondence you claim that XXXX regularly reviews credit report data to determine if cardholders continue to qualify for their accounts. You also claim, \" XXXX credit card account are reviewed on a regular basis to determine if an adjustment to the accounts credit limit is needed and to ensure the customer still meets the established eligibility requirements to maintain the card. You refuse to provide the eligibility requirements and credit criteria claiming, Our credit criteria is proprietary business information and can not be disclosed. I do not believe that you review accounts on a regular basis as you claim in your correspondence. \n\nOn two occasions my credit limit was lowered as a result of your so-called review of my account which you claim that my credit limit was reduced due to the number of revolving accounts with high usage. This is not the whole and complete truth. XXXX has omitted an important fact that in XXXX of XXXX a late fee was assessed on the same day as the payment due date XX/XX/XXXX, and the late fee was eventually credited back to the account even though payment was made and did not post until the next day XX/XX/XXXX. The following month the credit limit was reduced by {$100.00}. The other time the credit limit was reduced was in was in XXXX of XXXX. On XX/XX/XXXX ( the same day as the payment due date ) a late fee was assessed to the account even though a payment was made but did not post to the account until the next day XX/XX/XXXX. Then I received a letter from XXXX dated XX/XX/XXXX, stating that my credit limit would be reduced by another {$100.00}. Based on my research it seems the only time my account was reviewed was after a late fee was assessed and that the credit limit reduction is in retaliation and response to a late fee being assessed to the account. In the now dismissed collection lawsuit XXXX was asked in a discovery filing interrogatory to identify each and every time my account was allegedly reviewed. XXXX and their attorney XXXX XXXX failed to respond to the discovery request. The failure to respond to the discovery request is probably one of the factors that lead to the decision by XXXX XXXX to dismiss the lawsuit. \n\nWhen XXXX conducted the review in XXXX of XXXX the XXXX XXXX XXXX credit card account was listed on my credit report as a negative item. XXXX was aware of this account being listed as a negative item on my credit report and did not use it as a reason or basis to not lower the credit limit {$100.00} instead, you used the reason number of account with high usage however, when you allegedly reviewed the account for renewal the XXXX XXXX being listed as a negative item on my credit report was used as a basis and reason for not renewing my account. When you conducted the review of my account in XXXX of XXXX, you were made aware of the XXXX XXXX account being a negative item on my credit report and instead of exercising your right to terminate use of the account without giving notice in advance ; unless we are required to give you notice by law. You also failed to explain why the decision was made to only lower the credit limit and how you determined the amount to lower the credit limit. This was addressed in the Interrogatories that were filed in the now dismissed lawsuit against me. In other words you failed to mitigate you damages. You will have to explain this in court. \n\nYou allegedly reviewed the account again XXXX of XXXX, and then sent a letter dated XX/XX/XXXX, that my account would not be renewed beyond the expiration of the card. This time the XXXX XXXX XXXX credit card account being a negative item on my credit report was used as a reason to not renew my account beyond the expiration date of the card. You will have to explain this in the event of any refilling or relitigating of this case. XXXX XXXX is aware of this because it was included in the answer to the now dismissed collection lawsuit. \n\nThis alleged review was conducted approximately nine months prior to the cards expiration and notice was not sent to me until approximately eight months prior to the cards expiration. \n\nAccording to the XX/XX/XXXX, XXXX XXXX letter that talks about XXXX conducting reviews of accounts the letter also states Under federal law, we must determine the applicants ability to repay credit. My account was left open and not closed until XX/XX/XXXX. After XXXX determined that I no longer qualified for the account and or no longer had the ability to repay credit my account was left open and XXXX allowed me to use the account until the expiration date. This will be a problem for XXXX in the event of any litigation because you as a plaintiff have a duty and responsibility to mitigate your damages. As your agents, employees, and representatives love to cite the customer agreement that we have the right to limit or terminate use of your account without giving you notice in advance ; unless we are required to give you notice by law. You will be required to explain this in the event of any refiling or relitigating of this case. You will have to explain why you made the decision approximately nine months prior to the cards expiration and why you left the account open and allowed continued use of the card after determining that I no longer had the ability to repay credit until the card expired. This was included in the answer to the now dismissed collection lawsuit and XXXX XXXX is aware of this. Additionally, you charged {$41.00} late fees and interest for six months and then charged the account off after six months of receiving no payments because you were required to do so by law. If you determine that someone no longer has the ability to repay credit how is charging that person {$41.00} in late fees for six months or {$240.00} in late fees and interest going to incentivize or get someone to pay when they no longer have the ability to repay credit? \n\nThe aforementioned issued are also addressed in the discovery request that were filed in the now dismissed collection lawsuit and you nor your attorney XXXX XXXX responded to the discovery request. \n\nYou have repeatedly rejected any request by me to settle this case for less than the full balance, which in no way should be construed as an admission of liability or indebtedness by me. In the event of any refiling or renewal of this case, you may have to have to explain why you reject the request and then made a settlement offer in XXXX of XXXX giving me until XX/XX/XXXX, to respond. The letter also indicates if I choose not to accept the offer there may be other opportunities to settle may be available at a later date. And once again in a XXXX of XXXX correspondence by XXXX XXXX reject any offer to settle this account for less than the full balance, which in no way should be construed as an admission of liability or indebtedness by me. \n\nYou also failed to make any reasonable efforts to collect this alleged debt and artificially inflated the balance with unnecessary interest, fees, and penalties. Then you made a settlement offer at the end of XXXX and approximately one month prior to you being required by law to charge off the account and when the late fees and interest stop. \n\nYou issued a XXXX store credit card that can only be used at XXXX. When the account was opened the credit limit was {$800.00}. The credit limit has now been reduced to {$100.00}. The card has no expiration date and is still active. In the event of any renewal or refiling of the XXXX XXXX case you may have to explain this. Specifically, if I dont qualify and or dont have the ability to repay credit on the XXXX XXXX account how do you expect me to repay credit on this account and why you have not closed this account. This is a valid issue and defense. This information was included in the answer to the previous lawsuit that has since been dismissed. XXXX XXXX is and should be aware of this. \n\nYou have lied about and denied and continue to deny and ignore the fact that the decision not renew the account is in retaliation to a dispute I had with XXXX ( which you were a subsidiary of ) regarding a XXXX XXXX XXXX credit card account even though the available evidence supports my claim of retaliation. First, we have the fact that my credit limit was reduced on two occasions as a result of and in retaliation to late fees being assessed to my account. Second, we have the fact that the XXXX XXXX account being listed on my credit report as a negative item ( i.e., the serious delinquency item listed on my credit report reason ) on my credit report and was used as a reason for not renewing my account and included in the letter dated XX/XX/XXXX, informing me that my account would not account would not be renewed. Finally, we have the fact the XXXX ( which XXXX is or was a subsidiary of and has now merged with XXXX ) closed and refused to renew my XXXX XXXX XXXX credit card account and flat out admitted it was due to a to a charge-off of the XXXX XXXX account. I am not asking you to address issues or concerns regarding other accounts but just merely stating the facts and using this information to prove my point or position. \n\nYou have also omitted other important information from your correspondences with me, the CFPB, and the XXXX \n\nIn your XX/XX/XXXX, letter by XXXX XXXX, you state Our review of your account found the statement with the closing date of XX/XX/XXXX, your account had a balance of {$1400.00} with a minimum payment of {$44.00} due by XX/XX/XXXX. No payment was received for this balance and in accordance with the terms of the credit card agreement, each month the required minimum payment due was not received, the account was charged a late fee and interest charge. This continued until the account balance reach {$1900.00} and charged off on XX/XX/XXXX. This is somewhat misleading because you omit the fact that you are required by law to charge-off an account after you have not received any payments and the account is past due for over 180 days or six months. \n\nYou also omit and fail to admit or mention that the account was closed and could not be used by me but not charged off so that you can continue to act as if the account is still open and assess late fees, penalties, and interest until the balance is paid in full because once the account is charged off ( after 180 days or six months ) the late fees and interest must stop. You wanted the ability to still assess late fees, penalties, and interest to the account. This was discussed and addressed by the answer to the now dismissed lawsuit and you will have to have to explain this in the event of any new litigation. You seem to have forgotten that I can demand a jury trial. Do you think that going in front of a jury and demanding that they give you late fees and interest for six months just because you can charge those fees when you made little to no effort to collect this alleged debt and after you determined that I no longer had the ability to repay credit. What are you are you accomplishing by charging by charging interest and late fees for six months just because you can and until you are required to charge off the account? \n\nIn the event of any renewal or refiling of your claim the answer will be amended to include the fact this is your second attempt at filing the same claim against me and that you are subject to XXXX. XXXX. The discovery request will also be refiled. You should also be aware that some judges have issued standing orders and instructions regarding how cases are handled by that particular judge. One example is State Court of XXXX XXXX XXXX XXXX XXXX XXXX. Section seven of the order addresses extension of time and section seven addresses discovery. Extensions of time for discovery will be granted only upon consent motion or in exceptional cases in which the parties promptly commence and diligently pursue discovery yet are unable to complete discovery in the timeframe set forth above due to circumstances not reasonably anticipated at the time that the parties prepare and submit the Scheduling Order. Any motion for an extension of time for discovery must be filed with the Court prior to the expiration of the existing discovery period. A copy of the standing order is attached for your review. This case was NOT assigned to XXXX XXXX and this order did not apply. You are required to respond to the discovery request truthfully and accurately within the timeframe provided by law. Failure to respond or to respond truthfully and accurately could result in you having to pay expenses incurred by me to prove that you did not respond truthfully and accurately and any failure to respond at all could result in a motion to compel. XXXX XXXX is aware of this fact. This case has already been filed and then dismissed. If the case is refiled and then dismissed voluntarily again that will serve as an adjudication upon the merits ( and is the same as a dismissal with prejudice ) XXXX XXXX XXXX a ) ( 3 ). In other words, you will be prohibited by law from filing any additional lawsuits, claims, or actions, regarding this account and alleged debt and then would have no means to collect this alleged debt and no remedies available to you. It would be a violation of the FDCPA for any debt collector to threaten to take any action that can not legally be taken or that is not intended to be taken 15 U.S.C. 1692e ( 5 ) or the use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer 15 U.S.C. 1692e ( 10 ). \n\nAs previously stated, XXXX XXXX was sent a validation request on XX/XX/XXXX and it was received by them on XX/XX/XXXX. As of the date of this letter, no response other than the attorney acknowledging receipt of the request and stating that they are gathering the requested information and documents. \n\nXXXX XXXX is also aware of the previous lawsuit and will have to decide whether or not they will renew or refile this claim. Factors that could affect their decision include the failure to respond to the discovery request in the previous case and the defenses I have raised and outlined in this letter. You are not taking this fact into consideration when denying my request to delete this account from my credit report. \n\nYou should be aware that XXXX XXXX and the State Court of XXXX XXXX XXXX of Georgia have copies of all of your correspondence and communications with me, the CFPB, and the XXXX except any that were received after the case was dismissed. The documents were provided to the court by me because they were attached to the answer as exhibits. In the event of any new litigation all communications received after the answer was filed will be attached as exhibits to an amended answer. You should also be aware that any documents filed with the court are public records and can be made available to anyone who request them provided they pay any fees imposed by the court or court clerks office for researching and printing of the request documents. The State Court of Cobb County State of Georgia also uses an online system XXXX XXXX XXXXXXXX to file cases and to obtain documents filed in cases if available. Anyone can register and create a peachcourt account and obtain copies documents filed in cases if available for a per item fee. Attorneys are required to file all cases online using the peachcourt website. Attorneys will have unlimited access to all of the documents available on and through the peachcourt website. You also may use XXXX XXXX XXXX  to look up information regarding cases. This is a free service for anyone to use and you dont have to register. This site will not provide you with access to documents filed in the case and will only provide you with a list of any actions, events, or filings in the case. If you were to hire a new attorney, you must make them aware of the fact that you previously filed a lawsuit and then dismissed it approximately three months later and the fact they you and your attorney failed to respond to the discovery request then that attorney will make a decision whether or not to represent you or not. If you fail to inform the attorney and provide the attorney with all information regarding the case and account and withhold or omit information the attorney could withdraw from your case and or dismiss any pending court action/litigation. In this case it would be a second notice of dismissal and would serve or operate as an adjudication upon the merits and would be the same as a dismissal with prejudice XXXX. 9-11-41 ( a ) ( 3 ).","date_sent_to_company":"2022-12-22T18:25:35.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"30066","tags":null,"has_narrative":true,"complaint_id":"6354176","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2022-12-22T18:17:28.000Z","state":"GA","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["You also omit and fail to admit or mention that the account was closed and could not be used by me but not charged off so that you can continue to act as if the account is still open and assess <em>late</em> <em>fees</em>, <em>penalties</em>, and interest until the balance is paid in full because once the account is charged off ( after 180 days or six months ) the <em>late</em> <em>fees</em> and interest must <em>stop</em>. You wanted the ability to still assess <em>late</em> <em>fees</em>, <em>penalties</em>, and interest to the account."]},"sort":[8.934843,"6354176"]},{"_index":"complaint-public-v1","_id":"3395793","_score":7.5931573,"_source":{"product":"Student loan","complaint_what_happened":"Official Navient Complaint Student loans for accelerated BS program at XXXX  XXXX University went into repayment on XX/XX/XXXX. \n\nAfter receiving notice my Student loan grace period was ending soon, I went online on XX/XX/XXXX to the FAFSA website to find re-payment options. \n\nI was confused and intimidated, I filled out the IDR plan application and used the IRS data retrieval tool to submit the required support documents, I allowed FAFSA to choose the best payment plan option for me. \n\nThe very next day, XX/XX/XXXX, I received a bill for {$350.00}, due to my service provider, Navient, on XX/XX/XXXX I felt panicked. My poor financial state and lack of consistent income was not something I saw ending in the near future. I thought maybe my application had been processed, and this was the best offer I was going to get. Desperate, I contacted my service provider Navient, that very same day. \n\nI tried to describe my situation to the Navient representative who answered the phone. I wanted to know if she knew the status of my application and asked her to advise me on my options. \n\nBecause of my own ignorance, and overwhelming intimidation at dealing with this large loan, while in such a horrible financial state, I trusted that with the detailed information I offered, I would be given the advice that would help me to pay my loan, and that my best interest would be considered. \n\nI cant paraphrase the conversation, as it was a long time ago, but I asked a lot of questions, and my take away from the suggestions offered was that the IDR plan was a bad choice and given my situation, the lowest paying option would be the graduated repayment plan. ( Now that I have taken the time to better understand the whole student loan situation and the options, I realize how the graduated option, was neither the cheapest payment/month and was the absolute worst option possible. ) Wanting to get a plan in place, I took the Navient Rep advice and was enrolled in the graduated payment plan, on  XX/XX/XXXX. My first payment would still be on XX/XX/XXXX, but the amount would be {$120.00}. \n\nEven though in XXXX, Navient had sent confirmation that they knew my email had changed, most of the emails they sent, often used my old email address. Because I thought the phone conversation was reliable, and the information I was given had included the IDR plan options, I had not expected that on XX/XX/XXXX, I would receive an email notifying me that I was accepted into the REPAYE plan, and my monthly payment would be {$00.00} ... so I had no knowledge of this. \n\nI didnt know that the reason my XX/XX/XXXX bill was {$0.00}, because I had been accepted into the REPAYE plan, and when my XXXX  bill was also {$0.00}, again I panicked, thinking I had made some huge mistake. \n\nConcerned about the {$0.00} bills, I called Navient on XX/XX/XXXX. I did not understand what was going on and knew that interest would be a building issue. Confident that the advice given to me by the Navient rep on XX/XX/XXXX was valid, and without the knowledge of the aforementioned change into the REPAYE plan, my concerns continued to build. Again, I turned to Navient for helpful advice. \n\nOn XX/XX/XXXX, I called Navient. The rep did little to clarify my options or defining my, then-current, repayment status. Not realizing that my interest would be capitalized, or that I was choosing to opt for the REPAYE plan benefits, that may have helped me to avoid huge penalties, I have suffered, I agreed to re-enter the graduated repayment plan.\n\nThe graduated plan is in no way a smart move. My best guess is that it exists for people who need a lower payment, that does not qualify for any of the IDR options. Now that I have educated myself on payment options, pushing me toward this option is ethically questionable. I thought they were trying to help.\n\nThese practices alone are deplorable, I would think that at some time, my desire to pay my bill, would encourage some ethical support from Navient, but I have lost any hope of that happening, as every time I trust them to act with integrity, I get taken advantage of. \n\nI was paying the XXXX month in the graduated repayment plan and there be little or no change in the principle for months at a time In XX/XX/XXXX, I took on a contract delivery job to help in my still desperate financial situation. The delivery program had a deal with a rental car service that allowed drivers to rent cars at a discounted rate. But even with a discounted rate, simple math made it clear that monthly car payments and insurance would be cheaper than what I was paying out in a month for rentals. Plus, I couldnt get a parking pass for a rental car, and I got more than one parking ticket. \n\nThat said in XXXX, I had to ask Navient for a deferment, ( hindsight- if I would have stayed in the REPAYE plan I would not have had to ask for the deferment that is just one of the stresses that I would have forgone, had just one person listened to me, my situation, and cared enough to better inform me. ) When I got hit with my interest being capitalized a third time, this time for $ XXXX, in XX/XX/XXXX, the intimidation I had for the loan program was replaced with my personal survival and learning how to stop my credit situation from taking over my life. \n\nMy first plan of action was to dent the principle that even though I had been paying on these loans while I was still in school, never seemed to decrease, only increased at times of capitalization. \n\nI was paying the total I owed every month, when I looked at my loans, ( 6 of them ), in detail, I realized that depending on what day of the month I paid my bill, my monthly payment may not even cover the accrued interest on the account, much less contribute to my principle. \n\nI became hyper-vigilant and dedicated a notebook to record my every payment, starting in XX/XX/XXXX. The way that Student Loans are designed, they make it impossible to get ahead of it. I have had loans in the past. Now that I understand the dynamic, I may have never gone back to school. Even if I pay more than I owe. I get charged interest every single day, and they will not apply the overpayment to future interest. It is scandalous. But that is my fault I just wanted to go to school, I shouldve been more cautious.\n\nI finally cracked the code, even if I couldnt afford it, I started paying a little extra to reduce my principle. Sometimes it would only be a dollar, sometimes, I couldnt afford it, but I made sure that I at least covered the interest owed at the time of payment. It was a lot of work. I would have to go to the website, figure out the minimum payment due for each loan, make sure that was covered, and then figure out the interest, etc. \n\nIt was going great, but then I quit my part time job in XX/XX/XXXX, and now I was forced to educate myself on the IDR repayment plans, as I had heard ads that there were options for people in my situation. \n\nIt took a while, but as I understood it the REPAYE plan was ideal and suited to someone in my exact situation. On XXXX, I went to the fasfa website, this time confident of my intention and eligibility. I again used the IRS data retrieval tool to submit the required documents. \n\nI was devastated to see that I had been enrolled in that program in XXXX of XXXX, and until that moment had not realized that I had ever even actually been enrolled in that plan. If anyone had told me, it was not something I understood. I took a closer look at my loan history and saw that I had in fact suffered capitalized interest on XX/XX/XXXX, after the phone conversation with the Navient rep. \n\nNavient had put me in the graduated plan, but for some reason, the FAFSA website was telling me I missed the XXXX deadline to update my information for the repayment plan. I was furious. Some of this is my fault for allowing my ignorance to encourage me to procrastinate and deny that I needed to get a handle on this part of my life ; but I was in shock that Navient, and even worse, the government would allow these horrible business practices. \n\nI started going over my loans with a fine-tooth comb and found more than one issue that I felt needed to be addressed. Besides the issues I saw with past instances I was concerned that I had not yet received confirmation of my approval for the IDR repayment plan I applied for almost a month before. So, on XX/XX/XXXX, at XXXX XXXX  PST, I called Navient and spoke with Navient employee # XXXX, who told me that I should address my disputes in an email and send it through the Navient website. \n\nI sent an email through the website portal, which is the only way to communicate online. It is important to note here that I do not receive a record of the documents that I send to Navient, and the docs they send are only available for 8 to 12 months. I have kept my own record of correspondence but given there is a sent folder that is supposed to store my messages to them, that never reveals my communication, it is more than discouraging, it is shady. One time I even asked for a copy of the correspondence I sent them, and they refused to send them to me, I have a record of that communication as well.\n\nMy application for the REPAYE plan was approved on XX/XX/XXXX, the same day as my phone call. Which makes me think that they wouldve just continued to ignore it until I mentioned it. My IDR plan would start on XX/XX/XXXX, in the amount of {$55.00}. \n\nIn the many issues I have with Navient, there was one regarding the failure to note payments made on XX/XX/XXXX and XX/XX/XXXX, as they were shown paid out of my checking account but not reflected in my account payment history. I did see that there were refunds issues close to those amounts and dates. I have a number that identifies this issue. \n\nThe reply I received to this issue was astonishing. I was told that Navient is required to apply the payment to the principal balance that was disbursed in the last 120 days if certain conditions were not met, ( then they list the conditions. ).\n\nThe problem with this excuse is that I made a number of payments within 120 days of disbursements, while in school, yet this was the only time that they followed through on this requirement. Its like they pick and choose whatever they want to do whenever they want to do it. It isnt right, its confusing, and they are being careless with peoples lives. Further, they give minimum effort and do the very least possible when correcting the huge mistakes, they made. \n\nOn XX/XX/XXXX I wrote Navient about this issue in careful detail, and on XX/XX/XXXX, I called Navient at XXXX XXXX, in response to a voicemail, that said I should contact, a specific person, at a specific extension, to address my many concerns. The voicemail was left at XXXX XXXX, earlier that same day. When I called, I got a recording that said to leave my name and number, and someone would call the next day. \n\nOn XX/XX/XXXX, after I had not received a callback, I called at XXXX, XXXX, and one more time a few minutes later, always greeted with the aforementioned recording. \n\nFrustrated with not only the past payment issue, but also with the fact that I now have received my bill due in XXXX, XXXX, and XXXX, and the amounts due were not the {$55.00}, that the REPAYE acceptance letter had promised, rather almost double. The amounts due on the printable account information from the website, didn't match the amounts requested in emails from Navient and both were more than the {$55.00}. \n\nI called the regular number for Navient and talked to XXXX. His first comment was, your account is all over the place, not super-encouraging from a financial institution that holds my loan. He put me on hold for a bit and came back to tell me that a regular agent, such as himself, could not help me. That my issues had been escalated to an XXXX case agent, he didnt know what XXXX meant, unlike the regular line that was open later, this special department closed at XXXX  XXXX. \n\nOn XX/XX/XXXX, XXXX, the same agent that I had been trying to reach, called at XXXX XXXX, I was busy and said I would call her back at the number she gave me. When I called the number at XXXX XXXX, I kept getting a recording that said the number I was calling was not a valid extension. I tried 6 times. I finally waited for the next available agent. \n\nI finally got a hold of the right person. I brought up my issues. She offered to go back and apply all my payments as refunds, after telling me there was no chance that I would be worse off for having her take this action. She assured me it could only be better. I told her to do it, ONLY if there were no consequences. It was clear that I wanted no more surprises or shady dealings. Additionally, when I mentioned the conflicted payments amounts from printable account information, emails, and the {$55.00}. She was surprised and wanted to know when I received the {$55.00} quote. She had also included student loans that I had paid off from XXXX in the totals she was quoting me over the phone. It was clear my loans were being carelessly managed. \n\nDuring the same phone call, I requested specific information to be mailed, including subsidy information and asked for a follow-up phone call. I received neither. After she applied all my payments made while in school as refunds, the capitalized interest from coming out grace increased by {$100.00}. Her promise that I would not be paying interest was not true, and I paid as much if not more interest due to the change. \n\nI dont see where I was really benefited, and it may have made it worse. Moreover, the numbers in my payment history are allocated a bit differently. I don't see that my fees were refunded, and because they backdated my payments to the date when the money was disbursed, the interest that accrues daily is sky high when the first payment not processed as a refund is received, so my whole payment gets put toward interest. \n\nAfter realizing that no matter what, Navient will abuse me, I have spent so much time making sure that I don't get taken advantage of. Altogether, I have spent hours, weeks, months, trying to figure out how to get ahead of this. It has taken me over 3 hours just to sit down and draft this letter. It is astonishing that these practices are allowed in a civilized society. I have given Navient the benefit of the doubt and every time I think this time will be ok, it is not. \n\nIn this complaint process you asked which of the following choices best explains my issue. I wish I was able to choose multiple answers. In addition to what I have included so far, a recent review of my credit report shows incorrect information from Navient. I am not even going to bother notifying them, because I have wasted enough of my time trying to get them to do the right thing. \n\nI know this is lengthy, I tried to keep it to the point. Please contact me for any clarification.","date_sent_to_company":"2019-10-04T08:57:25.000Z","issue":"Dealing with your lender or servicer","sub_product":"Federal student loan servicing","zip_code":"94609","tags":null,"has_narrative":true,"complaint_id":"3395793","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Navient Solutions, LLC.","date_received":"2019-10-04T07:46:33.000Z","state":"CA","company_public_response":null,"sub_issue":"Received bad information about your loan"},"highlight":{"complaint_what_happened":["how to <em>stop</em> my credit situation from taking over my life."]},"sort":[7.5931573,"3395793"]},{"_index":"complaint-public-v1","_id":"6312305","_score":6.805496,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"TransUnion is communicating with me in Spanish when I don't speak Spanish. I have previously asked and requested that TransUnion communicate with me in English however, they refuse to honor my request. \n\nI don't believe that TransUnion is investigating my complaint and is only offering a cursory response just to say it responded. TransUnion is allowing the source to just say that the information is being reported is accurate with out any evidence. TransUnion is ignoring any evidence and documents that I provide claiming that the documents that I provided were reviewed but did not meet TransUnion 's criteria to update/delete the account not the Fair Credit Reporting Act ( FCRA ). In other words TransUnion decided that the documents were insufficient and that they will not delete the account and this decision is not based on the FCRA. \n\nOn or about XX/XX/XXXX, I received a dunning/collection letter from XXXX XXXX regarding the XXXX XXXXXXXX XXXX credit card account. \n\nOn XX/XX/XXXX, Defendant mailed a debt validation request to XXXX XXXX via certified mail tracking number XXXX. \n\nOn XX/XX/XXXX, XXXX XXXX received my debt validation request. \nI never received a response to my validation request which may be a violation of the FDCPA and 12 C.F.R. 106.34 ( a ) ( 1 ). \n\nOn XX/XX/XXXX, XXXX XXXX filed this civil suit/action against me on behalf of XXXX XXXXXXXX XXXXXXXX XXXX in the State Court of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX On XX/XX/XXXX, I filed an answer to the lawsuit/complaint along with discovery motions/request Interrogatories, Request for the Production of Documents and Notice to Produce, and Request for Admissions. A copy of the Answer along with the discovery request was sent to you via certified mail tracking number XXXX. A copy of the Interrogatories, Request for the Production of Documents and Notice to Produce, and Request for Admissions. \nAccording to the post office, the package picked up at a postal facility by your agent, representative, or employee at XXXXXXXX XXXX on XX/XX/XXXX. \n\nThe thirty days to respond to the discovery request started on XX/XX/XXXX, and ended on XX/XX/XXXX. \n\nI never received a response to the discovery request. \n\nPursuant to Georgia law O.C.G.A 9-11-33 ( a ) ( 2 ), 9-11-34 ( b ) ( 2 ), and 9-11-36 ( a ) ( 2 ), the party upon whom the discovery has been served shall serve a copy of the answers, and objections if any, within thirty ( 30 ) days after the service of the discovery request, except that a defendant may serve answers or objections within 45 days after service of the summons and complaint upon that defendant. The court may allow a shorter or longer time at the courts discretion. The party submitting the interrogatories may move for an order under subsection ( a ) of Code Section 9-11-37 with respect to any objection to or other failure to answer any discovery motion/request. \n\nPursuant to O.C.G.A. 9-11-36 ( a ) ( 2 ) The matter is admitted unless, within 30 days after service of the request or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by his attorney. Any matter admitted under this Code section is conclusively established unless the court, on motion, permits withdrawal or amendment of the admission O.C.G.A. 9-11-36 ( b ). \n\nOn XX/XX/XXXX, and XX/XX/XXXX. XXXX, I reached out to XXXX XXXX office by e-mail pursuant to rule 6.4 ( b ) and prior to filing a motion to compel pursuant to O.C.G.A. 9-11-37. \n\nOn XX/XX/XXXX, I mailed a certified letter ( tracking number XXXX ) to XXXX XXXX office and the letter was delivered and received by your office on XXXX, XXXX. \n\nOn XX/XX/XXXX, XXXX XXXX filed for voluntary dismissal without prejudice in the XXXX XXXX XXXX XXXX XXXX Georgia XXXX XXXX XXXX No XXXX. \n\nNow on XX/XX/XXXX, I received a XXXX letter from XXXX XXXX  listing XXXX XXXX. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX as the creditor. This is the same claim or action just listing a different creditor. \n\nOn XX/XX/XXXX, I mailed a second request for validation to XXXX XXXX via certified mail tracking number XXXX. According to the post office the item was delivered on XX/XX/XXXX. \n\nOn XX/XX/XXXX, I received an e-mail from one of XXXX XXXX attorneys confirming receipt of the validation request. \n\nGood afternoon, Our office is in receipt of your request and is gathering the requested documents for your review. \n\nXXXX XXXX XXXX, XXXX. \nLead Litigation GA Attorney XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, GA XXXX Phone : XXXX Ex. XXXX Fax : XXXX XXXX THIS COMMUNICATION IS FROM A DEBT COLLECTOR. \nPRIVILEGE AND CONFIDENTIALITY NOTICE : This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute, or copy this message and or any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by XXXX XXXX XXXX XXXX for damage arising in any way from its use. \n\nXXXX XXXX is a debt collector as defined by the Fair Debt Collection Practices Act ( FDCPA ) 15 U.S.C. 1692a ( 6 ) and is required to comply with the FDCPA. \nIf the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, or that the consumer request the name and address of the original creditor, the debt collector must cease collection of the debt, or any 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 15 U.S.C. 1692g ( b ).\n\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 15 U.S.C. 1692g ( c ).\n\nAs of the date of this letter, no response or validation/verification has been received by me. \n\nAny failure by XXXX XXXX to comply with or any violation of the FDCPA by XXXX XXXX may result in XXXX XXXX  being subject to civil liability as outlined in 15 U.S.C. XXXX. \n\nXXXX XXXX was notified and is aware that this is a second attempt to collect this alleged debt for the same account with XXXX XXXX XXXX XXXX XXXX XXXX XXXX which is a subsidiary of XXXX XXXX and that as of XX/XX/XXXX, XXXX has merged with XXXX. \n\nAny refiling or renewing of a case would be subject to O.C.G.A. 9-2-61 and O.C.G.A. 9-11-41. \n\nXXXX XXXX has received two requests for validation and has failed to respond to both of them. XXXX XXXX has had approximately ten months to respond to my request for validation. Dont you think if XXXX XXXX intended to collect this alleged debt that they would have responded to the validation request a required by law by now? \n\nAs of the date of this letter, there has been no refiling of any lawsuit against me to collect this alleged debt. XXXX XXXX would have to consider all the things discussed in this letter when deciding whether or not it wants to refile the case in any court. XXXX XXXX would have to consider that if the Request for Admissions in the previous and now dismissed lawsuit is deemed admitted pursuant to Pursuant to O.C.G.A. 9-11-36 ( a ) ( 2 ) and O.C.G.A. 9-11-36 ( b ) then it will be difficult for you or XXXX XXXX to pursue a new claim because if certain admissions are deemed admitted then you will probably lose your case. XXXX XXXX is aware of this fact. XXXX XXXX had the option to motion the court to allow withdrawal of the admission and or work with me to resolve any issues with discovery instead XXXX XXXX chose to dismiss the lawsuit. In the event of any renewal or refiling of any lawsuit, XXXX XXXX would essentially be refiling the same claim involving the same parties. If you or your attorney admitted the previous case away for failing to respond, then it will be difficult to refile the case and win or be successful. It seems as if you dont think about this or take this into consideration when deciding not to delete this account from my credit report. \n\nBecause you disagree with the decisions made by XXXX XXXX, the laws of the State of Georgia, and the information that you have been provided is not reason or grounds for you to dismiss and ignore the information that you have been provided and make decision based on your personal ideology or beliefs under the guise of some unnamed/specified law, government regulation, or company policy where you do state the specific law and section of the law, the specific government regulation, or provide a copy of the company policy you are citing and relying upon. You only provide a selective cursory response on items that you want to respond to and its like your response is scripted. Additionally, it seems that you copy and paste previous responses. \n\nYou position is As a credit provider, we are obligated to report the account accurately to the credit reporting agencies. This statement is designed to end any discussion regarding credit reporting and to justify not removing an item from a credit report and is misleading, while you are required by law to report accurate information to the credit reporting agencies, you are not required to report account to the credit reporting agencies. It seems as if this statement is crafted to make any credit reporting dispute go away. This statement also suggests that you have some kind of moral or ethical obligation and not a legal obligation to report this account to a credit bureau and suggest your decision not to delete this account from the credit report is a moral decision and not a legal one. \nXXXX  own customer agreement for the credit card states \" We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. We may report account information in your name and the names of authorized users. We may also obtain follow-up credit reports on you. If you think we reported incorrect information to a credit bureau, write us at the Customer Service address on the billing statement. We will investigate the matter. We will then tell you if we agree or disagree with you. If we agree with you, we will contact each credit bureau to which we reported and request a correction. If we disagree with you, we will tell you that. '' The card agreement states that XXXX can report information about a consumer and the account to a credit bureau if XXXX chooses to do so however, the card agreement does not prohibit XXXX from updating or removing information about a consumer from a consumers credit file. Additionally, if XXXX were to assign or sell this account to a debt buyer or collection agency and that debt buyer or collection agency reported this account to the credit bureau, XXXX would be obligated or required by the FCRA to remove the account from my credit report because the FCRA prohibits duplicate accounts, or the same information or account being reported multiple times on a consumers credit report. XXXX also fails or neglects to mention that some debt XXXX will offer to delete the account from a consumers credit report in exchange for payment especially if it is written in any settlement agreement or consent order. XXXX does not want to admit that credit reporting is nothing more than a debt collection tactic or practice which it sometimes uses to extort money ( in some cases more money than Plaintiff is entitled to ) out of consumers ( i.e. either pay us what we claim you owe us or well ruin your credit for seven years ). It seems XXXX  as is not prohibited by contract, government regulations, or the law from removing Defendants account from his credit report with the three major credit bureaus out of revenge and spite because XXXX did not get the outcome XXXX wanted in the XXXX XXXX case and XXXX ( which is a subsidiary of XXXX ) most likely will not achieve the outcome XXXX desires in the XXXX XXXX XXXX credit card account case and some kind of righteous duty with the intent to annoy, harass, intimidate, embarrass, and humiliate me and is nothing more than an effort to make it difficult for me to apply for and/or obtain credit or to have to pay a higher interest rate if offered a line of credit is preventing XXXX  from removing this account from Defendants credit report with the three major credit bureaus. \nIf it is XXXX position that you are prohibited by law or government regulation from removing this account from my credit report, then you should have to identify any specific section of the FCRA or any other law or government regulation that would prohibit you from removing this account from my credit report and to provide any other information that you are relying upon. Based upon my information 15 U.S.C. 1681i and 15 U.S.C. 1681s-2 ( b ) there is no law or government regulation that would prohibit XXXX from removing this account from my credit report. I have requested this information previously and XXXX has refused to respond and only wants to respond to what it determines or decides it wants to respond to or address. This was also requested by me in the now dismissed collection lawsuit. \nIt also seems that your decision is not based on the law but an alleged company policy. I would ask that you provide a full and complete copy of the policy you are referencing in your previous communications. Please dont carelessly or mindlessly state that the information requested is confidential and proprietary business information and can not be disclosed. In the event of any refiling of any lawsuit regarding this account and alleged debt I will include the request for this information in a Request for the Production of Documents pursuant to O.C.G.A. 9-11-33. Any failure to respond appropriately to any discovery request is subject to a motion to compel pursuant to O.C.G.A. 9-11-37. \n\nXXXX has not been truthful in their previous responses to the CFPB and the XXXX and there will be potential problems for you in the event of any refiling or renewing of this case. \n\nIn your previous correspondence you claim that XXXX regularly reviews credit report data to determine if cardholders continue to qualify for their accounts. You also claim, \" XXXX credit card account are reviewed on a regular basis to determine if an adjustment to the accounts credit limit is needed and to ensure the customer still meets the established eligibility requirements to maintain the card. You refuse to provide the eligibility requirements and credit criteria claiming, Our credit criteria is proprietary business information and can not be disclosed. I do not believe that you review accounts on a regular basis as you claim in your correspondence. \n\nOn two occasions my credit limit was lowered as a result of your so-called review of my account which you claim that my credit limit was reduced due to the number of revolving accounts with high usage. This is not the whole and complete truth. XXXX has omitted an important fact that in XXXX of XXXX a late fee was assessed on the same day as the payment due date XX/XX/XXXX, and the late fee was eventually credited back to the account even though payment was made and did not post until the next day XX/XX/XXXX. The following month the credit limit was reduced by {$100.00}. The other time the credit limit was reduced was in was in XXXX of XXXX. On XX/XX/XXXX ( the same day as the payment due date ) a late fee was assessed to the account even though a payment was made but did not post to the account until the next day XX/XX/XXXX. Then I received a letter from XXXX dated XX/XX/XXXX, stating that my credit limit would be reduced by another {$100.00}. Based on my research it seems the only time my account was reviewed was after a late fee was assessed and that the credit limit reduction is in retaliation and response to a late fee being assessed to the account. In the now dismissed collection lawsuit XXXX was asked in a discovery filing interrogatory to identify each and every time my account was allegedly reviewed. XXXX and their attorney XXXX XXXX failed to respond to the discovery request. The failure to respond to the discovery request is probably XXXX of the factors that lead to the decision by XXXX XXXX to dismiss the lawsuit. \n\nWhen XXXX conducted the review in XXXX of XXXX the XXXX XXXX XXXX credit card account was listed on my credit report as a negative item. XXXX was aware of this account being listed as a negative item on my credit report and did not use it as a reason or basis to not lower the credit limit {$100.00} instead, you used the reason number of account with high usage however, when you allegedly reviewed the account for renewal the XXXX XXXX being listed as a negative item on my credit report was used as a basis and reason for not renewing my account. When you conducted the review of my account in XXXX of XXXX, you were made aware of the XXXX XXXX account being a negative item on my credit report and instead of exercising your right to terminate use of your account without giving you notice in advance ; unless we are required to give you notice by law. You also failed to explain why the decision was made to only lower the credit limit and how you determined the amount to lower the credit limit. This was addressed in the Interrogatories that were filed in the now dismissed lawsuit against me. In other words you failed to mitigate you damages. You will have to explain this in court. \n\nYou allegedly reviewed the account again XXXX of XXXX, and then sent a letter dated XX/XX/XXXX, that my account would not be renewed beyond the expiration of the card. This time the XXXX XXXX XXXX credit card account being a negative item on my credit report was used as a reason to not renew my account beyond the expiration date of the card. You will have to explain this in the event of any refilling or relitigating of this case. XXXX XXXX is aware of this because it was included in the answer to the now dismissed collection lawsuit. \n\nThis alleged review was conducted approximately nine months prior to the cards expiration and notice was not sent to me until approximately eight months prior to the cards expiration. \n\nAccording to the XX/XX/XXXX, XXXX XXXX letter that talks about XXXX conducting reviews of accounts the letter also states XXXX federal law, we must determine the applicants ability to repay credit. My account was left open and not closed until XX/XX/XXXX. After XXXX determined that I no longer qualified for the account and or no longer had the ability to repay credit my account was left open and XXXX allowed me to use the account until the expiration date. This will be a problem for XXXX XXXX XXXX event of any litigation because you as a plaintiff have a duty and responsibility to mitigate your damages. As your agents, employees, and representatives love to cite the customer agreement that we have the right to limit or terminate use of your account without giving you notice in advance ; unless we are required to give you notice by law. You will be required to explain this in the event of any refiling or relitigating of this case. You will have to explain why you made the decision approximately nine months prior to the cards expiration and why you left the account open and allowed continued use of the card after determining that I no longer had the ability to repay credit until the card expired. This was included in the answer to the now dismissed collection lawsuit and XXXX XXXX is aware of this. \n\nThe aforementioned issued are also addressed in the discovery request that were filed in the now dismissed collection lawsuit and you nor your attorney XXXX XXXX responded to the discovery request. \n\nYou have repeatedly rejected any request by me to settle this case for less than the full balance, which in no way should be construed as an admission of liability or indebtedness by me. In the event of any refiling or renewal of this case, you may have to have to explain why you reject the request and then made a settlement offer in XXXX of XXXX giving me until XX/XX/XXXX, to respond. The letter also indicates if I choose not to accept the offer there may be other opportunities to settle may be available at a later date. And once again in a XXXX of XXXX correspondence by XXXX XXXX reject any offer to settle this account for less than the full balance, which in no way should be construed as an admission of liability or indebtedness by me. \n\nYou also failed to make any reasonable efforts to collect this alleged debt and artificially inflated the balance with unnecessary interest, fees, and penalties. Then you made a settlement offer at then end of XXXX and approximately one month prior to you being required by law to charge off the account and when the late fees and interest stop. \n\nYou issued a XXXX store credit card that can only be used at XXXX. When the account was opened the credit limit was {$800.00}. The credit limit has now been reduced to {$100.00}. The card has no expiration date and is still active. In the event of any renewal or refiling of the XXXX XXXX case you may have to explain this. Specifically, if I dont qualify and or dont have the ability to repay credit on the XXXX XXXX account how do you expect me to repay credit on this account and why you have not closed this account. This is a valid issue and defense. This information was included in the answer to the previous lawsuit that has since been dismissed. XXXX XXXX is and should be aware of this. \n\nYou have lied about and denied and continue to deny and ignore the fact that the decision not renew the account is in retaliation to a dispute I had with XXXX ( which you were a subsidiary of ) regarding a XXXX XXXX XXXX credit card account even though the available evidence supports my claim of retaliation. First, we have the fact that my credit limit was reduced on two occasions as a result of and in retaliation to late fees being assessed to my account. Second, we have the fact that the XXXX XXXX account being listed on my credit report as a negative item ( i.e., the serious delinquency item listed on my credit report reason ) on my credit report and was used as a reason for not renewing my account and included in the letter dated XX/XX/XXXX, informing me that my account would not account would not be renewed. Finally, we have the fact the XXXX ( which XXXX is or was a subsidiary of and has now merged with XXXX ) closed and refused to renew my XXXX XXXX XXXX credit card account and flat out admitted it was due to a to a charge-off of the XXXX XXXX account. I am not asking you to address issues or concerns regarding other accounts but just merely stating the facts and using this information to prove my point or position. \n\nYou have also omitted other important information from your correspondences with me, the CFPB, and the XXXX \n\nIn your XX/XX/XXXX, letter by XXXX XXXX, you state Our review of your account found the statement with the closing date of XX/XX/XXXX, your account had a balance of {$1400.00} with a minimum payment of {$44.00} due by XX/XX/XXXX. No payment was received for this balance and in accordance with the terms of the credit card agreement, each month the required minimum payment due was not received, the account was charged a late fee and interest charge. This continued until the account balance reach {$1900.00} and charged off on XX/XX/XXXX. This is somewhat misleading because you omit the fact that you are required by law to charge off an account after you have not received any payments and the account is past due for over 180 days or six months. \n\nIn the event of any renewal or refiling of your claim the answer will be amended to include the fact this is your second attempt at filing the same claim against me and that you are subject to O.C.G.A. 9-11-41. The discovery request will also be refiled. You should also be aware that some judges have issued standing orders and instructions regarding how cases are handled by that particular judge. One example is State Court of XXXX XXXX XXXX XXXX XXXX XXXX. Section seven of the order addresses extension of time and section seven addresses discovery. Extensions of time for discovery will be granted only upon consent motion or in exceptional cases in which the parties promptly commence and diligently pursue discovery yet are unable to complete discovery in the timeframe set forth above due to circumstances not reasonably anticipated at the time that the parties prepare and submit the Scheduling Order. Any motion for an extension of time for discovery must be filed with the Court prior to the expiration of the existing discovery period. A copy of the standing order is attached for your review. This case was NOT assigned to XXXX XXXX and this order did not apply. You are required to respond to the discovery request truthfully and accurately within the timeframe provided by law. Failure to respond or to respond truthfully and accurately could result in you having to pay expenses incurred by me to prove that you did not respond truthfully and accurately and any failure to respond at all could result in a motion to compel. XXXX XXXX is aware of this fact. This case has already been filed and then dismissed. If the case is refiled and then dismissed voluntarily dismissed again that will serve as an adjudication upon the merits ( and is the same as a dismissal with prejudice ) O.C.G.A. 9-11-41 ( a ) ( 3 ). In other words, you will be prohibited by law from filing any additional lawsuits, claims, or actions, regarding this account and alleged debt and then would have no means to collect this alleged debt and no remedies available to you. It would be a violation of the FDCPA for any debt collector to threaten to take any action that can not legally be taken or that is not intended to be taken 15 U.S.C. 1692e ( 5 ) or the use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer 15 U.S.C. 1692e ( 10 ). \n\nAs previously stated, XXXX XXXX was sent a validation request on XX/XX/XXXX and it was received by them on XX/XX/XXXX. As of the date of this letter, no response other than the attorney acknowledging receipt of the request and stating that they are gathering the requested information and documents. \n\nXXXX XXXX is also aware of the previous lawsuit and will have to decide whether or not they will renew or refile this claim. Factors that could affect their decision include the failure to respond to the discovery request in the previous case and the defenses I have raised and outlined in this letter. You are not taking this fact into consideration when denying my request to delete this account from my credit report. \n\nYou should be aware that XXXX XXXX and the XXXX XXXX XXXX XXXX XXXX XXXX of Georgia have copies of all of your correspondence and communications with me, the CFPB, and the XXXXXXXX  except any that were received after the case was dismissed. The documents were provided to the court by me because they were attached to the answer as exhibits. In the event of any new litigation all communications received after the answer was filed will be attached as exhibits to an amended answer. You should also be aware that any documents filed with the court are public records and can be made available to anyone who request them provided they pay any fees imposed by the court or court clerks office for researching and printing of the request documents. The XXXX XXXX XXXX XXXX XXXX XXXX XXXX Georgia also uses an online system XXXX XXXX XXXXXXXX to file cases and to obtain documents filed in cases if available. Anyone can register and create a peachcourt account and obtain copies documents filed in cases if available for a per item fee. Attorneys are required to file all cases online using the peachcourt website. Attorneys will have unlimited access to all of the documents available on and through the peachcourt website. You also may use XXXX XXXX XXXX to look up information regarding cases. This is a free service for anyone to use and you dont have to register. This site will not provide you with access to documents filed in the case and will only provide you with a list of any actions, events, or filings in the case. If you were to hire a new attorney, you must make them aware of the fact that you previously filed a lawsuit and then dismissed it approximately three months later and the fact they you and your attorney failed to respond to the discovery request then that attorney will make a decision whether or not to represent you or not. If you fail to inform the attorney and provide the attorney with all information regarding the case and account and withhold or omit information the attorney could withdraw from your case.","date_sent_to_company":"2022-12-12T18:28:54.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"30066","tags":null,"has_narrative":true,"complaint_id":"6312305","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2022-12-12T18:28:42.000Z","state":"GA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["You also failed to make any reasonable efforts to collect this alleged debt and artificially inflated the balance with unnecessary interest, <em>fees</em>, and <em>penalties</em>. Then you made a settlement offer at then end of XXXX and approximately one month prior to you being required by law to charge off the account and when the <em>late</em> <em>fees</em> and interest <em>stop</em>. \n\nYou issued a XXXX <em>store</em> credit card that can only be used at XXXX. When the account was opened the credit limit was {$800.00}."]},"sort":[6.805496,"6312305"]},{"_index":"complaint-public-v1","_id":"6312060","_score":6.797428,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"TransUnion is communicating with me in XXXX when I don't speak XXXX. I have previously asked and requested that TransUnion communicate with me in English however, they refuse to honor my request. \n\nI don't believe that TransUnion is investigating my complaint and is only offering a cursory response just to say it responded. TransUnion is allowing the source to just say that the information is being reported is accurate with out any evidence. TransUnion is ignoring any evidence and documents that I provide claiming that the documents that I provided were reviewed but did not meet TransUnion 's criteria to update/delete the account not the Fair Credit Reporting Act ( FCRA ). In other words TransUnion decided that the documents were insufficient and that they will not delete the account and this decision is not based on the FCRA. \n\nOn or about XX/XX/XXXX, I received a dunning/collection letter from XXXX XXXX regarding the XXXX  XXXX XXXX credit card account. \n\nOn XX/XX/XXXX, XXXX mailed a debt validation request to XXXX XXXX via certified mail tracking number XXXX. \n\nOn XX/XX/XXXX, XXXX XXXX received my debt validation request. \nI never received a response to my validation request which may be a violation of the FDCPA and 12 C.F.R. 106.34 ( a ) ( 1 ). \n\nOn XX/XX/XXXX, XXXX XXXX filed this civil suit/action against me on behalf of Department XXXX XXXX XXXX in the State Court XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX On XX/XX/XXXX, I filed an answer to the lawsuit/complaint along with discovery motions/request Interrogatories, Request for the Production of Documents and Notice to Produce, and Request for Admissions. A copy of the Answer along with the discovery request was sent to you via certified mail tracking number XXXX. A copy of the Interrogatories, Request for the Production of Documents and Notice to Produce, and Request for Admissions. \nAccording to the post office, the package picked up at a postal facility by your agent, representative, or employee at XXXXXXXX XXXX on XX/XX/XXXX. \n\nThe thirty days to respond to the discovery request started on XX/XX/XXXX, and ended on XX/XX/XXXX. \n\nI never received a response to the discovery request. \n\nPursuant to Georgia law O.C.G.A 9-11-33 ( a ) ( 2 ), 9-11-34 ( b ) ( 2 ), and 9-11-36 ( a ) ( 2 ), the party upon whom the discovery has been served shall serve a copy of the answers, and objections if any, within thirty ( 30 ) days after the service of the discovery request, except that a defendant may serve answers or objections within 45 days after service of the summons and complaint upon that defendant. The court may allow a shorter or longer time at the courts discretion. The party submitting the interrogatories may move for an order under subsection ( a ) of Code Section 9-11-37 with respect to any objection to or other failure to answer any discovery motion/request. \n\nPursuant to O.C.G.A. 9-11-36 ( a ) ( 2 ) The matter is admitted unless, within 30 days after service of the request or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by his attorney. Any matter admitted under this Code section is conclusively established unless the court, on motion, permits withdrawal or amendment of the admission O.C.G.A. 9-11-36 ( b ). \n\nOn XX/XX/XXXX, and XX/XX/XXXX. XXXX, I reached out to XXXX XXXX office by e-mail pursuant to rule 6.4 ( b ) and prior to filing a motion to compel pursuant to O.C.G.A. 9-11-37. \n\nOn XX/XX/XXXX, I mailed a certified letter ( tracking number XXXX ) to XXXX XXXX office and the letter was delivered and received by your office on XXXX, XXXX. \n\nOn XX/XX/XXXX, XXXX XXXX filed for voluntary dismissal without prejudice in the XXXX XXXX XXXX XXXX XXXX Georgia XXXX XXXX XXXX No XXXX. \n\nNow on XX/XX/XXXX, I received a XXXX letter from XXXX XXXX listing XXXX XXXX. instead of XXXX  XXXX XXXXXXXX XXXX or ( XXXX ) as the creditor. This is the same claim or action just listing a different creditor. \n\nOn XX/XX/XXXX, I mailed a second request for validation to XXXX XXXX via certified mail tracking number XXXX. According to the post office the item was delivered on XX/XX/XXXX. \n\nOn XX/XX/XXXX, I received an e-mail from one of XXXX XXXX attorneys confirming receipt of the validation request. \n\nGood afternoon, Our office is in receipt of your request and is gathering the requested documents for your review. \n\nXXXX XXXX XXXX, XXXX. \nLead Litigation GA Attorney XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, GA XXXX Phone : XXXX Ex. XXXX Fax : XXXX XXXX THIS COMMUNICATION IS FROM A DEBT COLLECTOR. \nPRIVILEGE AND CONFIDENTIALITY NOTICE : This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute, or copy this message and or any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by XXXX XXXX XXXX XXXX for damage arising in any way from its use. \n\nXXXX XXXX is a debt collector as defined by the Fair Debt Collection Practices Act ( FDCPA ) 15 U.S.C. 1692a ( 6 ) and is required to comply with the FDCPA. \nIf the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, or that the consumer request the name and address of the original creditor, the debt collector must cease collection of the debt, or any 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 15 U.S.C. 1692g ( b ).\n\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 15 U.S.C. 1692g ( c ).\n\nAs of the date of this letter, no response or validation/verification has been received by me. \n\nAny failure by XXXX XXXX to comply with or any violation of the FDCPA by XXXX XXXX XXXX result in XXXX XXXX being subject to civil liability as outlined in 15 U.S.C. 1692k. \n\nXXXX XXXX was notified and is aware that this is a second attempt to collect this alleged debt for the same account with XXXX  XXXX XXXX XXXX XXXX XXXX XXXX which is a subsidiary of XXXX XXXX and that as of XX/XX/XXXX, XXXX has merged with XXXX. \n\nAny refiling or renewing of a case would be subject to O.C.G.A. 9-2-61 and O.C.G.A. 9-11-41. \n\nXXXX XXXX has received two requests for validation and has failed to respond to both of them. XXXX XXXX has had approximately ten months to respond to my request for validation. Dont you think if XXXX XXXX XXXX to collect this alleged debt that they would have responded to the validation request a required by law by now? \n\nAs of the date of this letter, there has been no refiling of any lawsuit against me to collect this alleged debt. XXXX XXXX would have to consider all the things discussed in this letter when deciding whether or not it wants to refile the case in any court. XXXX XXXX would have to consider that if the Request for Admissions in the previous and now dismissed lawsuit is deemed admitted pursuant to Pursuant to O.C.G.A. 9-11-36 ( a ) ( 2 ) and O.C.G.A. 9-11-36 ( b ) then it will be difficult for you or XXXX XXXX to pursue a new claim because if certain admissions are deemed admitted then you will probably lose your case. XXXX XXXX is aware of this fact. XXXX XXXX had the option to motion the court to allow withdrawal of the admission and or work with me to resolve any issues with discovery instead XXXX XXXX chose to dismiss the lawsuit. In the event of any renewal or refiling of any lawsuit, XXXX XXXX would essentially be refiling the same claim involving the same parties. If you or your attorney admitted the previous case away for failing to respond, then it will be difficult to refile the case and win or be successful. It seems as if you dont think about this or take this into consideration when deciding not to delete this account from my credit report. \n\nBecause you disagree with the decisions made by XXXX XXXX, the laws of the State of Georgia, and the information that you have been provided is not reason or grounds for you to dismiss and ignore the information that you have been provided and make decision based on your personal ideology or beliefs under the guise of some unnamed/specified law, government regulation, or company policy where you do state the specific law and section of the law, the specific government regulation, or provide a copy of the company policy you are citing and relying upon. You only provide a selective cursory response on items that you want to respond to and its like your response is scripted. Additionally, it seems that you copy and paste previous responses. \n\nYou position is As a credit provider, we are obligated to report the account accurately to the credit reporting agencies. This statement is designed to end any discussion regarding credit reporting and to justify not removing an item from a credit report and is misleading, while you are required by law to report accurate information to the credit reporting agencies, you are not required to report account to the credit reporting agencies. It seems as if this statement is crafted to make any credit reporting dispute go away. This statement also suggests that you have some kind of moral or ethical obligation and not a legal obligation to report this account to a credit bureau and suggest your decision not to delete this account from the credit report is a moral decision and not a legal one. \nXXXXs own customer agreement for the credit card states \" We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. We may report account information in your name and the names of authorized users. We may also obtain follow-up credit reports on you. If you think we reported incorrect information to a credit bureau, write us at the Customer Service address on the billing statement. We will investigate the matter. We will then tell you if we agree or disagree with you. If we agree with you, we will contact each credit bureau to which we reported and request a correction. If we disagree with you, we will tell you that. '' The card agreement states that XXXX can report information about a consumer and the account to a credit bureau if XXXX chooses to do so however, the card agreement does not prohibit XXXX from updating or removing information about a consumer from a consumers credit file. Additionally, if XXXX were to assign or sell this account to a debt buyer or collection agency and that debt buyer or collection agency reported this account to the credit bureau, XXXX would be obligated or required by the FCRA to remove the account from my credit report because the FCRA prohibits duplicate accounts, or the same information or account being reported multiple times on a consumers credit report. XXXX also fails or neglects to mention that some debt collectors will offer to delete the account from a consumers credit report in exchange for payment especially if it is written in any settlement agreement or consent order. XXXX does not want to admit that credit reporting is nothing more than a debt collection tactic or practice which it sometimes uses to extort money ( in some cases more money than Plaintiff is entitled to ) out of consumers ( i.e. either pay us what we claim you owe us or well ruin your credit for seven years ). It seems XXXX as is not prohibited by contract, government regulations, or the law from removing Defendants account from his credit report with the three major credit bureaus out of revenge and spite because XXXX did not get the outcome XXXX wanted in the XXXX XXXX case and XXXX XXXX  which is a subsidiary of XXXX ) most likely will not achieve the outcome XXXX desires in the XXXX XXXX XXXX credit card account case and some kind of righteous duty with the intent to annoy, harass, intimidate, embarrass, and humiliate me and is nothing more than an effort to make it difficult for me to apply for and/or obtain credit or to have to pay a higher interest rate if offered a line of credit is preventing XXXX from removing this account from Defendants credit report with the three major credit bureaus. \nIf it is XXXX position that you are prohibited by law or government regulation from removing this account from my credit report, then you should have to identify any specific section of the FCRA or any other law or government regulation that would prohibit you from removing this account from my credit report and to provide any other information that you are relying upon. Based upon my information 15 U.S.C. 1681i and 15 U.S.C. 1681s-2 ( b ) there is no law or government regulation that would prohibit XXXX from removing this account from my credit report. I have requested this information previously and XXXX has refused to respond and only wants to respond to what it determines or decides it wants to respond to or address. This was also requested by me in the now dismissed collection lawsuit. \nIt also seems that your decision is not based on the law but an alleged company policy. I would ask that you provide a full and complete copy of the policy you are referencing in your previous communications. Please dont carelessly or mindlessly state that the information requested is confidential and proprietary business information and can not be disclosed. In the event of any refiling of any lawsuit regarding this account and alleged debt I will include the request for this information in a Request for the Production of Documents pursuant to O.C.G.A. 9-11-33. Any failure to respond appropriately to any discovery request is subject to a motion to compel pursuant to O.C.G.A. 9-11-37. \n\nXXXX has not been truthful in their previous responses to the CFPB and the XXXX and there will be potential problems for you in the event of any refiling or renewing of this case. \n\nIn your previous correspondence you claim that XXXX regularly reviews credit report data to determine if cardholders continue to qualify for their accounts. You also claim, \" XXXX credit card account are reviewed on a regular basis to determine if an adjustment to the accounts credit limit is needed and to ensure the customer still meets the established eligibility requirements to maintain the card. You refuse to provide the eligibility requirements and credit criteria claiming, Our credit criteria is proprietary business information and can not be disclosed. I do not believe that you review accounts on a regular basis as you claim in your correspondence. \n\nOn two occasions my credit limit was lowered as a result of your so-called review of my account which you claim that my credit limit was reduced due to the number of revolving accounts with high usage. This is not the whole and complete truth. XXXX has omitted an important fact that in XXXX of XXXX a late fee was assessed on the same day as the payment due date XX/XX/XXXX, and the late fee was eventually credited back to the account even though payment was made and did not post until the next day XX/XX/XXXX. The following month the credit limit was reduced by {$100.00}. The other time the credit limit was reduced was in was in XXXX of XXXX. On XX/XX/XXXX ( the same day as the payment due date ) a late fee was assessed to the account even though a payment was made but did not post to the account until the next day XX/XX/XXXX. Then I received a letter from XXXX dated XX/XX/XXXX, stating that my credit limit would be reduced by another {$100.00}. Based on my research it seems the only time my account was reviewed was after a late fee was assessed and that the credit limit reduction is in retaliation and response to a late fee being assessed to the account. In the now dismissed collection lawsuit XXXX was asked in a discovery filing interrogatory to identify each and every time my account was allegedly reviewed. XXXX and their attorney XXXX XXXX failed to respond to the discovery request. The failure to respond to the discovery request is probably one of the factors that lead to the decision by XXXX XXXX to dismiss the lawsuit. \n\nWhen XXXX conducted the review in XXXX of XXXX the XXXX XXXX XXXX credit card account was listed on my credit report as a negative item. XXXX was aware of this account being listed as a negative item on my credit report and did not use it as a reason or basis to not lower the credit limit {$100.00} instead, you used the reason number of account with high usage however, when you allegedly reviewed the account for renewal the XXXX XXXX being listed as a negative item on my credit report was used as a basis and reason for not renewing my account. When you conducted the review of my account in XXXX of XXXX, you were made aware of the XXXX XXXX account being a negative item on my credit report and instead of exercising your right to terminate use of your account without giving you notice in advance ; unless we are required to give you notice by law. You also failed to explain why the decision was made to only lower the credit limit and how you determined the amount to lower the credit limit. This was addressed in the Interrogatories that were filed in the now dismissed lawsuit against me. In other words you failed to mitigate you damages. You will have to explain this in court. \n\nYou allegedly reviewed the account again XXXX of XXXX, and then sent a letter dated XX/XX/XXXX, that my account would not be renewed beyond the expiration of the card. This time the XXXX XXXX XXXX credit card account being a negative item on my credit report was used as a reason to not renew my account beyond the expiration date of the card. You will have to explain this in the event of any refilling or relitigating of this case. XXXX XXXX is aware of this because it was included in the answer to the now dismissed collection lawsuit. \n\nThis alleged review was conducted approximately nine months prior to the cards expiration and notice was not sent to me until approximately eight months prior to the cards expiration. \n\nAccording to the XX/XX/XXXX, XXXX XXXX letter that talks about XXXX conducting reviews of accounts the letter also states Under federal law, we must determine the applicants ability to repay credit. My account was left open and not closed until XX/XX/XXXX. After XXXX determined that I no longer qualified for the account and or no longer had the ability to repay credit my account was left open and XXXX allowed me to use the account until the expiration date. This will be a problem for XXXX in the event of any litigation because you as a plaintiff have a duty and responsibility to mitigate your damages. As your agents, employees, and representatives love to cite the customer agreement that we have the right to limit or terminate use of your account without giving you notice in advance ; unless we are required to give you notice by law. You will be required to explain this in the event of any refiling or relitigating of this case. You will have to explain why you made the decision approximately nine months prior to the cards expiration and why you left the account open and allowed continued use of the card after determining that I no longer had the ability to repay credit until the card expired. This was included in the answer to the now dismissed collection lawsuit and XXXX XXXX is aware of this. \n\nThe aforementioned issued are also addressed in the discovery request that were filed in the now dismissed collection lawsuit and you nor your attorney XXXX XXXX responded to the discovery request. \n\nYou have repeatedly rejected any request by me to settle this case for less than the full balance, which in no way should be construed as an admission of liability or indebtedness by me. In the event of any refiling or renewal of this case, you may have to have to explain why you reject the request and then made a settlement offer in XXXX of XXXX giving me until XX/XX/XXXX, to respond. The letter also indicates if I choose not to accept the offer there may be other opportunities to settle may be available at a later date. And once again in a XXXX of XXXX correspondence by XXXX XXXX reject any offer to settle this account for less than the full balance, which in no way should be construed as an admission of liability or indebtedness by me. \n\nYou also failed to make any reasonable efforts to collect this alleged debt and artificially inflated the balance with unnecessary interest, fees, and penalties. Then you made a settlement offer at then end of XXXX and approximately one month prior to you being required by law to charge off the account and when the late fees and interest stop. \n\nYou issued a XXXX store credit card that can only be used at XXXX. When the account was opened the credit limit was {$800.00}. The credit limit has now been reduced to {$100.00}. The card has no expiration date and is still active. In the event of any renewal or refiling of the XXXX XXXX case you XXXX have to explain this. Specifically, if I dont qualify and or dont have the ability to repay credit on the XXXX XXXX account how do you expect me to repay credit on this account and why you have not closed this account. This is a valid issue and defense. This information was included in the answer to the previous lawsuit that has since been dismissed. XXXX XXXX is and should be aware of this. \n\nYou have lied about and denied and continue to deny and ignore the fact that the decision not renew the account is in retaliation to a dispute I had with XXXX ( which you were a subsidiary of ) regarding a XXXX XXXX XXXX credit card account even though the available evidence supports my claim of retaliation. First, we have the fact that my credit limit was reduced on two occasions as a result of and in retaliation to late fees being assessed to my account. Second, we have the fact that the XXXX XXXX account being listed on my credit report as a negative item ( i.e., the serious delinquency item listed on my credit report reason ) on my credit report and was used as a reason for not renewing my account and included in the letter dated XX/XX/XXXX, informing me that my account would not account would not be renewed. Finally, we have the fact the XXXX ( which XXXX is or was a subsidiary of and has now merged with XXXX ) closed and refused to renew my XXXX XXXX XXXX credit card account and flat out admitted it was due to a to a charge-off of the XXXX XXXX account. I am not asking you to address issues or concerns regarding other accounts but just merely stating the facts and using this information to prove my point or position. \n\nYou have also omitted other important information from your correspondences with me, the CFPB, and the XXXX \n\nIn your XX/XX/XXXX, letter by XXXX XXXX, you state Our review of your account found the statement with the closing date of XX/XX/XXXX, your account had a balance of {$1400.00} with a minimum payment of {$44.00} due by XX/XX/XXXX. No payment was received for this balance and in accordance with the terms of the credit card agreement, each month the required minimum payment due was not received, the account was charged a late fee and interest charge. This continued until the account balance reach {$1900.00} and charged off on XX/XX/XXXX. This is somewhat misleading because you omit the fact that you are required by law to charge off an account after you have not received any payments and the account is past due for over 180 days or six months. \n\nIn the event of any renewal or refiling of your claim the answer will be amended to include the fact this is your second attempt at filing the same claim against me and that you are subject to O.C.G.A. 9-11-41. The discovery request will also be refiled. You should also be aware that some judges have issued standing orders and instructions regarding how cases are handled by that particular judge. One example is State Court of XXXX XXXX XXXX XXXX XXXX XXXX. Section seven of the order addresses extension of time and section seven addresses discovery. Extensions of time for discovery will be granted only upon consent motion or in exceptional cases in which the parties promptly commence and diligently pursue discovery yet are unable to complete discovery in the timeframe set forth above due to circumstances not reasonably anticipated at the time that the parties prepare and submit the Scheduling Order. Any motion for an extension of time for discovery must be filed with the Court prior to the expiration of the existing discovery period. A copy of the standing order is attached for your review. This case was NOT assigned to XXXX XXXX and this order did not apply. You are required to respond to the discovery request truthfully and accurately within the timeframe provided by law. Failure to respond or to respond truthfully and accurately could result in you having to pay expenses incurred by me to prove that you did not respond truthfully and accurately and any failure to respond at all could result in a motion to compel. XXXX XXXX is aware of this fact. This case has already been filed and then dismissed. If the case is refiled and then dismissed voluntarily dismissed again that will serve as an adjudication upon the merits ( and is the same as a dismissal with prejudice ) O.C.G.A. 9-11-41 ( a ) ( 3 ). In other words, you will be prohibited by law from filing any additional lawsuits, claims, or actions, regarding this account and alleged debt and then would have no means to collect this alleged debt and no remedies available to you. It would be a violation of the FDCPA for any debt collector to threaten to take any action that can not legally be taken or that is not intended to be taken 15 U.S.C. 1692e ( 5 ) or the use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer 15 U.S.C. 1692e ( 10 ). \n\nAs previously stated, XXXX XXXX was sent a validation request on XX/XX/XXXX and it was received by them on XX/XX/XXXX. As of the date of this letter, no response other than the attorney acknowledging receipt of the request and stating that they are gathering the requested information and documents. \n\nXXXX XXXX is also aware of the previous lawsuit and will have to decide whether or not they will renew or refile this claim. Factors that could affect their decision include the failure to respond to the discovery request in the previous case and the defenses I have raised and outlined in this letter. You are not taking this fact into consideration when denying my request to delete this account from my credit report. \n\nYou should be aware that XXXX XXXX and the XXXX XXXX XXXX XXXX XXXX XXXX of Georgia have copies of all of your correspondence and communications with me, the CFPB, and the XXXX  except any that were received after the case was dismissed. The documents were provided to the court by me because they were attached to the answer as exhibits. In the event of any new litigation all communications received after the answer was filed will be attached as exhibits to an amended answer. You should also be aware that any documents filed with the court are public records and can be made available to anyone who request them provided they pay any fees imposed by the court or court clerks office for researching and printing of the request documents. The XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX also uses an online system XXXX XXXX XXXXXXXX to file cases and to obtain documents filed in cases if available. Anyone can register and create a peachcourt account and obtain copies documents filed in cases if available for a per item fee. Attorneys are required to file all cases online using the peachcourt website. Attorneys will have unlimited access to all of the documents available on and through the peachcourt website. You also may use XXXX XXXX XXXX to look up information regarding cases. This is a free service for anyone to use and you dont have to register. This site will not provide you with access to documents filed in the case and will only provide you with a list of any actions, events, or filings in the case. If you were to hire a new attorney, you must make them aware of the fact that you previously filed a lawsuit and then dismissed it approximately three months later and the fact they you and your attorney failed to respond to the discovery request then that attorney will make a decision whether or not to represent you or not. If you fail to inform the attorney and provide the attorney with all information regarding the case and account and withhold or omit information the attorney could withdraw from your case.","date_sent_to_company":"2022-12-12T18:28:35.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"30066","tags":null,"has_narrative":true,"complaint_id":"6312060","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2022-12-12T18:10:32.000Z","state":"GA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["You also failed to make any reasonable efforts to collect this alleged debt and artificially inflated the balance with unnecessary interest, <em>fees</em>, and <em>penalties</em>. Then you made a settlement offer at then end of XXXX and approximately one month prior to you being required by law to charge off the account and when the <em>late</em> <em>fees</em> and interest <em>stop</em>. \n\nYou issued a XXXX <em>store</em> credit card that can only be used at XXXX. When the account was opened the credit limit was {$800.00}."]},"sort":[6.797428,"6312060"]},{"_index":"complaint-public-v1","_id":"2680977","_score":5.4330044,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"Okay just to be clear I have filed complaints since about 7 months ago with every federal, state, local,  house, goveneor, sheriff, chief, representatives and more I had sent out over 5000 emails,  an according t my XXXX bill I had made over 20,000 in the last two months alone. Denial letters from free legal services from missiouri and arkansas, denial from help from victiums of crimes special programs and denial from attorney generals and on and on and on. \n\nOk it kind of a long story it actually starts almost five months ago, lets just say since five months ago we have suffered hacking and scammers, and idenity theft and it was bad for a while we were  and are almosr 7000 in debt just from that alone not including everything on my credit record with is almost 70,000 which I thnk some is my student loans. Well after afew weeks the calmed down a bit.\nWell about a week  a month after that, I had to stop working because of my health being so XXXX so I havent worked in almost 4 months now and still waiting on XXXX to kick it.  \nWell we ended up having to get  another vehicle,  cause of my appointsments and hospital visits it wasnt working out with husbands shedule. And he was goning to lose his job if we kept at it\nSo on XX/XX/XXXX we finally got someone to give us a chance with a truck which my husband used for work sometimes.\nWell that was the first time XXXX XXXX lied to me, when they called me about being approved for sure I was told all we had to do was come and sign the papers and it was going to be XXXX  Dollars Down.  No more than that, I thought thank god,\nWell of course I still had not be released to go back to work yet not sure when I am going back honestly,  my health is XXXX XXXX, andy ways  about  a week of having the truck it started acting up they were very slow to respond abut the issue and it took  almost two weeks for them to actually do something about it.\n\nWell XX/XX/XXXX I told my husband since we were so far in debt with everything with the scamming and hacking that we was not going to have to file for bankcruptcy and I had researched online that we can file for a petition of affirmation of  automatitc stay of assets which would help keep the only assets we had\nWell I went online which since we had got hacked, and scammed and the idenity theft I had set up proxy, vpns, IP addresses,  and emails and everything it was that bad. \n\nWell I was online again looking for free legal help to fill the  paperwork out and were to get the forms from online frokm the district courst of missouri and I filled it all out the waviers for the courts cost and fees and everything else then was told that it  would be filed on XX/XX/XXXX and that afternoon was told go aheaed and send out to the dealerships and in a few days we finish the rest of the procedure and it was gonna cost like XXXX dollars well with me not working I had just got my last check and all  ihad left ws XXXX so I gave him that through online transfer. \n\nSo the next day XX/XX/XXXX at around XXXX we heard a tow truck outside and my husband went to look and their they were taking his truck, we had not received one call, one , text, or email or any notice that this was happening at all.   My husband jumped in my car and drove two hours away to talk to them to see what was going on and when he got there they \n\nTHE FINACE SIDE OF THE COMPANY TOLD HIM HE COULD HAVE THE TRUCK BACK IF HE PAID THEM XXXX FOR TOWING IT.   \nWELL WHY HE WAS OUT THERE I HAD GONE ONLINE AND FILIED OUT COMPLAINTS I KNOW THEY ARE IN THE WRONG FOR DOING THAT. \n\nWELL THAT SAME DAY I TALKED TO THE GM XXXX WHICH TOOK ME 8 TIMES TO GET HIM BECAUSE XXXX I THINK HER NAME WAS OR XXXX KEPT LYING TO ME WHEN I ASKE TO SPEAK TO THE GM SHE SAID SHE WAS AND THAT IS NOT HOW SHE INTRADUCED HERESLF ON THE PHONE WHEN ANSERING PLUS I HAD TALKE D TO HER MANY TIMES BEFORE.\n\nHAD TO GO THROUGH CUSTOMER SERVICE LINE AND ASK FOR GM FINALLY GOT  HIM XXXX\n\nAND HE SAID THAT BECAUSE FO THE COMPLAINTS I HAD SUBMITTED THATS WHY THEY TOOK THE TRUCK AND IT WAS BEING REVIEWED BY THEIR SUPPOSEDLY TEAM OF LEGAL REPRESENTATIVES. \n\nYET THEY TOLD MY HUSBAND THAT THEY RECEIVED THE PAPERS ABOUT THE BANK RUPTCY AND THAT IS THE REASON WHY THEY TOOKT THE TRUCK BACK.\n\nCONFLICTING STORIES THERE,  WELL SINCE THEN I HAVE BEEN ONLINE TRYING TO LEARN HOW TO UPGRADE TO EFILE WELL THAT WAS A WEEK WASTED TO COME AND FIND OUT I CANT WHEN I HAVE DOCUMENTS FROM ONLINE SHOWING AND STATING ON HOW YOU CAN IF YOU REPRESENTING YOURSELF PRO SE\n\nWELL IN THAT TIME THEY BARLY SPOKE TO ME THEY TALKED TO MY HUSBAND THOUGH.  WELL THRUSDAY HE TALKED TO THEM LATE EVENING  AND THEY TOLD HIM THAT IF I DROPPED THE LAWSUIT THAT THEY WOULD RETURN THE TRUCK BACK TO US AND WOULD BE CHARGED FOR THE TOWING\n\nFUNNY THING IS ABOUT THE WHOLE THING I NEVER FILED YET I GOT SOME HELP AND WE WERE HAVING SOMEONE SERVED A DEMAND LETTER WITH ONE OF THE BARGGININGS WAST TO RETURN THE TRUCK.\n\nSO APPARENTLY HE HAS BEEN TALKING TO XXXX, AND XXXX, AND XXXX AT XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX AR. XXXX XXXX\n\nWELL THE NEXT DAY I SENT VIA EMAIL AND ONLINE FAX TO HEADQUARTERS WELL WHAT THEY SHOW ONLINE AS HEADQUARTERS AND SENT TO THE XXXX NUMBER EMAIL EVEN THOUGH IST XXXX AR. XX/XX/XXXX EMAIL AS WELL. \n\n I  WLL ATTACH COPY OF THAT AS WELL, WELL DIDNT HEAR NOTHING AND MY HUSBAND ASKED ME TO CALL THEM SO  I DID STARTING AT XXXX XXXX TILL  ABOUT XXXX AT NIGHT WHEN I CALLED THEY HUNG UP, PUT ME ON HOLD FOREVER AND THEN HANG UP TAKE MESSAGE FOR XXXX AND SAID HE WAS BUSY AND DIDNT EVER CALL BACK AT ALL I CALLED EVERY NAME ON LIST TO CORP. OFFICE IN XXXX, IN AND LEFT MESSAGE STATING I SENT EMAIL EXKPLAING THE REASON WE WAS FILING AND THERE WAS NO LAWSUIT AND THAT ALL WE WANTED WAS WHAT WE ASKED FOR.   THEN  ABOUT XXXX XXXX XXXX FINALLY ANSERED THE DOOR HE \n\nSTATED TO ME HE TEXTED MY HUSBAD THAT MORING AND TOLD HIM THAT HE WOUDLNT KNOW TILL XXXX\nAND THAT HE MIGHT HAVE TO BE PUT INTO ANOTHER VEHICAL NOT THE TRUCK.\n\nNOW, I WAS VERY MAD SINCE FRIDAY I HAVE DONE NOTHING BUT RESEARCH AND RESEARCH AND I FOUND OUT A LOT OF THINGS \n\nWHICH ALL GO AGAINST OUR CIVIL RIGHTS, AND POOR WORK ETHICS ON THEIR POINT OF VEIW, \nNOW THEY TOLD MY HUSBAND THAT THE ONLY HE COULD HAVE HIS THINGS OUT OF THE CAR WAS TO GIVE BACK THE OTHER KEY .\n\nWELL LIKE I SAID I HVE RESEARCHED XX/XX/XXXX, XXXX XXXX AND I HAVE FOUND OUT A LOT ABOUT THIS COMPANY AND I ALSO HAVE AT LEAST OVER 25000 DOWNLOADS OF MISSIOURI,  ARKANSAS, AND XXXX  LAWS ON CIVIL RIGHS, CIVIL RIGHTS AND AUTOMOBILES AND CIVIL RIGHT AND REPOSSIONS AS WELL.\n\nI HAVE OVER 100 TABS SAVED ON PHONE AND LAPTOP AND DOCUMENTS ABOUIT THIS COMPANY, MANY LAWSUITS AND LOTS OF UNFAIR PRACTICES AND AND REPOSSESIONS AND MORE, \n\nI WILL ONLY SEND CERTAIN THINGS PRETAING TO THIS MOSTLY .\n\nEverything here I have got off their websites, contracts  as employees, share holders,  and more mainly going to focus on the problem at hand and I have read and downloaded all the law archives from Missouri, Arkansas, Indianan. I have read and downloaded the laws pertaining to civil rights, repossession and arbritaration laws as well and I  have downloaded the Byrider Franchising hand book 0n how they are to run the the XXXX XXXX XXXX XXXX stores the chains of commands policy they are to follow and more and I also have clips of the contract as well\nWHICH THE CONTRACT AND THEIR POLICYS CONTRADICT THEMSELVES AND THEY DID NOT FOLLOW ANY OF THE PROCEDURES ON CONTRACT OR HANDBOOK. Portioning to this mess.\n\nLike I mentioned before we were victims of crime again which was reported but of course due to lack of man power which was lied. XXXX  police officer said and time and no leads  cant do much about that problem at all, but the company XXXX XXXX would not even hear our story or didnt take any compassion to our situations.\n\n\nLISTED BELOW IS EVERYONE I HAD CALLED AND LEFT MESSAGES AND EMAILED AND FAXED LETTERS TO SEE ABOUT GETTING THIS CLEARED UP WITH OF COURSE NO RESPONSE FROM ANY OF THE MEMBERS WAS TOLD BY THE  EMPLOYEES OUT OF XXXX AR. XXXX XXXX THEY WERE NOT ALLOWED TO SPEAK TO US YET THEY CONTINUED COMMUICATION WITH MY HUSBAND NOT MUCH BUT MORE SO HIM THEN ME AND I AM THE BUYER\n\nSO ONLINE WHEN YOU LOOK UP MAIN HEADQUARTERS FOR XXXX XXXX THIS IS WHAT COMES UP //.\n\nXXXX XXXX\t\t\t\t\tAKA----XXXX \n\nXXXX AR XXXX XXXX XXXX XXXX XXXX XXXX\n\n\nXXXX XXXX XXXX HEADQUARTERS              AFTER YOU REWORD THINGS COMES UP\nXXXX XXXX XXXX XXXX XXXX IN XXXX\nPhone--XXXX XXXX XXXX\nFax--XXXX XXXX XXXX\nEmail--XXXX\n\nSO THE WEBSITE IT GIVES A LIST OF NAMES OF SUPPOSEDLY THE PEOPLE RUNNING THIS LOCATION::\nXXXX XXXX PRESIDENT-- LEFT 6 MESSAGES ON VOICEMAIL, XX/XX/XXXX XX/XX/XXXXXX/XX/XXXX\n\nXXXX XXXX--CONSUMER AFFAIRS SPECIALIST ( WHICH THAT IS WHAT I WAS TOLD WHO I NEEDED TO SPEAK WITH)---XX/XX/XXXX    LEFT 15 VOICE MAILS\n\nXXXX XXXX--DIRCTOR OF SALES--XX/XX/XXXX  LEFT 8 MESSAGES\n\nXXXX XXXX XXXX-- XX/XX/XXXX  LEFT 4 VOICEMAILS\n\nXXXX XXXX-- LEFT 4 VOICEMAILS XX/XX/XXXX \nXXXX XXXX--XX/XX/XXXX LEFT 3 VOICEMAILS XXXX XXXX XXXX--XX/XX/XXXX LEFT 3 VOICEMAILS\n\nXXXX  XXXX--XX/XX/XXXX LEFT 5 VOICEMAILS XXXX XXXX--XX/XX/XXXX  LEFT 2 VOICEMAILS\n\nXXXX XXXX XXXX XXXX--XX/XX/XXXX  LEFT 6 VOICEMAILS\n\nSUPPOSEDLY EMAIL FOR OFFICE IS ----XXXX  WHICH GOES TO XXXX AR.   AND CUSTOMER SERVICE EMAIL IS XXXX\nWHICH IM SURE GOES TO XXXX AR. LOCATION AS WELL\n\nTHAT WAS ALL DAY SATURDAY I TRIED CALLING CORP OFFICE AND ONLY SENT OUT ONCE THE EMAIL TO THE EMAILS ON WEBSITES AND FAXED TO THE FAX NUMBERS AS WELL\n\nXXXX \nXXXX AR XXXX XXXX XXXX XXXX XXXX XXXX \nXXXX I THINK HE A GM XXXX XXXX XXXX XXXX AND I THINK XXXX\n\nHAVE ALL SAID DIFFERENT STORIES TO ME WHEN AND IF THEY ANSWERED OR TOOK MY CALLS \n\nAND HAD TOLD MY HUSBAND MANY DIFFERENT STORIES AS WELL VERY CONFLICTING STORIES\n\n\n\nWELL I FOUND OUT\nXXXX CUSTOMER SERVICE IS LINKED TO BOTH PLACES AND TRANSFERS CALLS ONLY TO XXXX AR   I CALLED THEM 25 TIMES  XXXX\n\nSO I WAS MAD, MY HUSBAND WAS MAD CAUSE THEY KEEP LYING TO US AND TELLING US DIFFERENT STORIES.. SO I DID DIGGING AROUND ON EACH PERSON AND THE COMPANY ITSELF AND I DOWNLOAD ALL PUBLIC ARCHIEVES  OF THE LAWS FOR CONSUMERS AND BUSINESS AND ARBRITRATION LAWS AS WELL AND I WIL COPY AND PASTE WHAT I HAD SEND LINKS DOCUMENTS AND PICTURES TO BACK UP MY FINDINGS \n\nAND I ALSO CAME ACROSS THEIR FRANCISHING HAND BOOK ON HOW THEY ARE TO RUN THEIR BUSINESS AND HOW THEY TARGET PEOPLE WHO ARE FINIANCALLLY UNSTABLE AND LIE TO THEM AND CHARGING HOW MUCH INTERSET THEY WANT NO MORE THOUGH THAN  35% AND MORE I HAVE DOWNLOAD COMPLAINTS OF THINGS THEY HAVE DONE SIMILAR TO THIS AND NO BODY REALLY DONE MUCH\n\nI AM REQUESTING TWO THINGS AT THIS TIME\n\nFRIST IS THE TRUCK BACK WITH TITLE NO MORE LEASE AT ALL OR NEW TRUCK \n\nSECOND AND I WONT THIS IS A SUIT BROUGHT ON THEM AS WELL OR BEING DECEITFUL AND MISLEADING AND BREAKING LAWS AND MORE BAD BUSINESS JUDGEMENTS AS WELL.\n\nSO WHEN YOU XXXX XXXX  HEADDQUARTERS IT COMES UP XXXX IN AND THAT I FOUND LIKE I SAID GOES ROUTED TO XXXX  AR,\n\nI HAVE A PICTURE OF THAT, WHEN YOU ENTER THE WEBSITE AND PICK A LOCATON AND CHOOSE INDIANA  WELLL XXXX  IN LOCATION DONT COME UP HAVE PICTURE AS WELL.\n\n\nLIKE I SAID I DID A LOT OF DIGGING AROUND ON THESE PEOPLE I ACTUALLY HAVE HOME ADDRESSESS AND PHONE NMBERS HOME ONES AND CELLS AND SOCIAL MEDIA WEBSITES THEY CONNECTED TO AS WELL AND MUCH  MORE FAKE WEBSITES, NUMBERS GENERATED TO FULL CONSUMERS INTO BELIVING THEY CALLING CUSTOMER SERVICE BUT NOT THEY JUST CALLING THE STORE THEY HAVING A PROBLEM WITH AND GET TRANSFERRED AROUND FOUND ALSO THAT IF YOU GO TO \n\nXXXX---DIRECT WEBSITE AND MAKE A PAYMENT AND THEY DONT TELL YOU THIS AND I DONT TRUST IT AT ALL SO I DIDNT MAKE A PAYMENT IT TAKES YOU TO A THIRD PARTY WEBSITE NOT EVEN CALLED XXXX OR ANYTHING TO DO WITH XXXX WEBSITES.\n\nALSO FOUND OUT THAT XXXX XXXX IS NOT REGISTERED WITH THE FEDERAL BANK RESERVERS I CHECKED NOT ON THERE NOR IS BYRIDER OR XXXX OR SOME OF THE OTHER NAMES I TRIED TO ENTER AS WELL\n\nI WILL SUBMIT THAT ALL AS WELL. THEY ARE APPARENTLY REGISTERED AND IN.GOV WITH 4 DIFFERENT NUMBERS AS WELL AND DIFFERENT ADDRESSES AND NAMES AND CONTACTS WHICH I DID TRY TO REACH OUT TO AND NOTHING I WILL ATTACH ALL THAT AS WELL.  \n\n XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, FL, XXXX----XXXX XXXX, XXXX XXXX (State or Other Jurisdiction of Incorporation or Organization)   XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, Florida XXXX (Address of Principal Executive Offices, Including Zip Code) (XXXX) XXXX (Registrants Telephone Number, Including Area Code)    XXXX XXXX \n\n\nTHIS RIGHT HERE HIS JUST ONE OF THE REGISTRATION NUMBERS THEY HAVE NOT TO THE ADDRESS THAT THEY SAY IS CORP OFFICE HEADQUARTES DONT EVEN MATCH UP\n\nXXXX XXXX XXXX XXXX XXXX. is an entity registered at Indiana with company number XXXX. Company is incorporated onXX/XX/XXXX. Current status of the company is Merged. The company's agentis XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX, IN, XXXX - XXXX, USA The company's secretaryis XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX, IN, XXXX, USA The company's presidentis XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX, IN, XXXX, USA\nCompany information\n\nFrom  \n\n\nXXXX XXXX XXXX XXXX XXXX IS THE SERVING AGENT WHOM I WOULD LIKE SERVED AND EVERYONE ELSE SERVED AS WELL THEY ALL LIE \n\nAgent\nName\tXXXX XXXX XXXX\nAddress\tXXXX XXXX XXXX., XXXX, IN, XXXX - XXXX, USA\nSecretary\nName\tXXXX XXXX XXXX\nAddress\tXXXX XXXX XXXX XXXX, XXXX, IN, XXXX, USA\nP\n\nFrom  \n\n\nTHIS IS FROM PAGE 9 TABLE OF CONTENTS REVIEW \n\nThe Company utilizes its Loss Prevention and Recovery Department (the LPR) to perform on-site audits of branch compliance with \nCompany underwriting guidelines. XXXX audits Company branches on a schedule that is variable depending on the size of the branch, length of \ntime a branch has been open, current tenure of the Branch Manager, previous branch audit score and current and historical branch profitability. \nXXXX reports directly to the Accounting and Administrative Management of the Company. The Company believes that an independent review \nand audit of its branches that is not tied to the sales function of the Company is imperative in order to assure the information obtained is \nimpartial.  \n\nTHIS IS FROM PAGE 9 AS WELL CALLED MONITORING AND ENFORCEMENT OF CONTRACTS\n\nThe Companys Management Information Services personnel maintain a number of reports to monitor compliance by customers with their \nobligations under Contracts and direct loans made by the Company. These reports may be accessed on a real-time basis throughout the \nCompany by management personnel, including Branch Managers and staff, at computer terminals located in the main office and each branch \noffice. These reports include delinquency aging reports, customer promises reports, vehicle information reports, purchase reports, dealer \nanalysis reports, static pool reports, and repossession reports.  \nA delinquency report is an aging report that provides basic information regarding each account and indicates accounts that are past due. The \nreport includes information such as the account number, address of the customer, home and work phone numbers of the customer, original term \nof the Contract, number of remaining payments, outstanding balance, due dates, date of last payment, number of days past due, scheduled \npayment amount, amount of last payment, total past due, and special payment arrangements or agreements.  \nAny account that is less than 120 days old is included on the delinquency report on the first day that the Contract is contractually past due. \nOnce an account becomes 30 days past due, repossession proceedings are implemented unless the customer provides the Company with an \nacceptable explanation for the delinquency and displays a willingness and the ability to make the payment, and commits to a plan to return the \naccount to current status. When an account is 60 days past due, the Company ceases recognition of income on the Contract and repossession \nproceedings are initiated. At 120 days delinquent, if the vehicle has not yet been repossessed, the account is written off. Once a vehicle has \nbeen repossessed, the related loan balance no longer appears on the delinquency report. Instead, the vehicle appears on the Companys \nrepossession report and is sold, either at auction or to an automobile dealer.  \n\nWhen an account becomes delinquent, the Company immediately contacts the customer to determine the reason for the delinquency and to \ndetermine if appropriate arrangements for payment can be made. If payment arrangements acceptable to the Company can be made, the \ninformation is entered in its database and is used to generate a Promises Report, which is utilized by the Companys collection staff for \naccount follow up.  \n\nThe Company prepares a repossession report that provides information regarding repossessed vehicles and aids the Company in disposing of \nrepossessed vehicles. In addition to information regarding the customer, this report provides information regarding the date of repossession, \ndate the vehicle was sold, number of days it was held in inventory prior to sale, year, make and model of the vehicle, mileage, payoff amount \non the Contract, XXXX book value, XXXX XXXX value, suggested sale price, location of the vehicle, original dealer and condition of the \nvehicle, as well as notes other information that may be helpful to the Company.  \nThe Company also prepares a dealer analysis report that provides information regarding each dealer from which it purchases Contracts. This \nreport allows the Company to analyze the volume of business done with each dealer and the terms on which it has purchased Contracts from \nsuch dealer.  \n\nThe Companys policy is to aggressively pursue legal remedies to collect deficiencies from customers. Oral requests for payment are made \nbeginning when an account becomes 11 days delinquent. When an account becomes 30 days delinquent and the customer has not made \npayment arrangements acceptable to the Company or has failed to respond to the requests for payment, a repossession request form is prepared \nby the responsible branch office employee for approval by the Branch Manager for the vicinity in which the borrower lives. Once the \nrepossession request has been approved, first by the Branch Manager and second by the applicable District  \n   \n\n\nTHIS STATES HOW ANYONE IN THE COMPANY CAN ACCESS ALL INFORMATION ALTER INFORMATION BASICALLY DO WHATEVER THEY WANT, NOT PRIVACY \n\nComputerized Information System  \nThe Company utilizes integrated computer systems developed by XXXX to assist in responding to customer inquiries and to monitor the \nperformance of its Contract and direct loan portfolio and the performance of individual customers under Contracts. All Company personnel are \nprovided with real-time access to information from a single shared database. The Company has created specialized programs to automate the \ntracking of Contracts and direct loans from inception. The Companys computer network encompasses both its corporate headquarters and its \nbranch office locations. See Monitoring and Enforcement of Contracts above for a summary of the different reports prepared by the \n\n\n\n\nTHIS THEY VIOLADATED AS WELL  FALSE IMPLICATIONS  PAGE 11\n\n Fair Debt Collection Practices Act. The Fair Debt Collection Practices Act (FDCPA) and applicable state law counterparts \nprohibit the Company from contacting customers during certain times and at certain places, from using certain threatening practices \nand from making false implications when attempting to collect a debt.  \n  \n\nNO PRIVACY WITH INTERGRATED DATABASE BUT IT SAYS THEY HAVE TO KEEP OUR STUFF PRIVATE THEY DONT PAGE 11 AS WELL\n\n Fair Debt Collection Practices Act. The Fair Debt Collection Practices Act (FDCPA) and applicable state law counterparts \nprohibit the Company from contacting customers during certain times and at certain places, from using certain threatening practices \nand from making false implications when attempting to collect a debt.  \n  \n\nSTATES THEY MAY NOT INTERFER  PAGE 12\n\nBankruptcy. Federal bankruptcy and related state laws may interfere with or affect the Companys ability to recover collateral or \nenforce a deficiency judgment.  \n\n\nNEXT IS ABOUT HOW EMPLOYESS ARE TO HANDLE THINGS AND WHO HANDLES THEM AND THE PROCDURES AND THE DO AND DONTS  ASLO PAGE 12, 13, 14, 15 ,16.17:::IPAGE 14 STATES THAT AS SOON AS THEY REPOSSES A VEHICLE ITS TOOK TO AUTION RIGHT AWAY\n\n\nThe auction proceeds we receive from the sale of repossessed vehicles and other recoveries are subject to fluctuation due to economic \nand other factors beyond our control.  \nIf we repossess a vehicle securing a Contract, we typically have it transported to an automobile auction for sale. Auction proceeds from the sale \nof repossessed vehicles and other recoveries are usually not sufficient to cover the outstanding balance of the Contract, and the resulting \ndeficiency is charged off. In addition, there is, on average, approximately a 30-day lapse between the time we repossess a vehicle and the time \nit is sold by a dealer or at auction. The proceeds we receive from such sales depend upon various factors, including the supply of, and demand \nfor, used vehicles at the time of sale. Such supply and demand are dependent on many  \n   \nHERE IT STATES WRONGFUL REPOSSETIONS, BANRUPTCY VIOLATOINS AND MORE\n\nWe are subject to risks associated with litigation.  \nAs a consumer finance company, we are subject to various consumer claims and litigation seeking damages and statutory penalties, based \nupon, among other things:  \n   \n   \n   \n   \n   \n   \n   \n   \n   \n12  \n   \n  usury laws;  \n   \n  disclosure inaccuracies;  \n   \n  wrongful repossession;  \n   \n  violations of bankruptcy stay provisions;  \n   \n  certificate of title disputes;  \n   \n  fraud;  \n   \n  breach of contract; and  \n   \n  discriminatory treatment of credit applicants.  \n\n\nSome litigation against us could take the form of class action complaints by consumers. As the assignee of Contracts originated by dealers, we \nmay also be named as a co-defendant in lawsuits filed by consumers principally against dealers. The damages and penalties claimed by \nconsumers in these types of actions can be substantial. The relief requested by the plaintiffs varies but may include requests for compensatory, \nstatutory and punitive damages. We also are periodically subject to other kinds of litigation typically experienced by businesses such as ours, \nincluding employment disputes and breach of contract claims. No assurances can be given that we will not experience material financial losses \nin the future as a result of litigation or other legal proceedings.  \n\nPAGES 17-21 SAYS THE HAVE TO PRACTICE PROPER COLLECTION POLICES WHICH THEY DID NOT::\n  licensing requirements;  \n  requirements for maintenance of proper records;  \n  payment of required fees to certain states;  \n  maximum interest rates that may be charged on loans to finance new and used vehicles;  \n  debt collection practices;  \n  proper disclosure to customers regarding financing terms;  \n  privacy regarding certain customer data;  \n  interest rates on loans to customers;  \n  telephone solicitation of direct loan customers; and  \n  collection of debts from loan customers who have filed bankruptcy.  \n\n\nAGAIN ON PAGE 18  INTERGRATED DATABASE\n\nWe may experience problems with our integrated computer systems or be unable to keep pace with developments in technology.  \nWe use various technologies in our business, including telecommunication, data processing, and integrated computer systems. Technology \nchanges rapidly. Our ability to compete successfully with other financing companies may depend on our ability to efficiently and cost-\neffectively implement technological changes. Moreover, to keep pace with our competitors, we may be required to invest in technological \nchanges that do not necessarily improve our profitability.  \nWe utilize integrated computer systems to respond to customer inquiries and to monitor the performance of our Contract and direct loan \nportfolios and the performance of individual customers under our Contracts and direct loans. Problems with our systems operations could \nadversely impact our ability to monitor our portfolios or collect amounts due under our Contracts and direct loans, which could have a material \nadverse effect on our financial condition and results of operations. \n\n\nOKAY THIS ON PAGE 97 OF THEIR POLICY HANDBOOK CALLED GOVERNING LAW.\n\n16. GOVERNING LAW.  \n(a) The validity, interpretation, construction and performance of this Agreement shall be governed by the internal laws of the State \nof Florida, except that Section 16(b) shall be construed in accordance with the Federal Arbitration Act if arbitration is chosen by the Employee \nas the method of dispute resolution.  \n(b) Any dispute arising out of this Agreement shall, at the Employees election, be determined by either (i) arbitration under the \nrules of the American Arbitration Association then in effect (but subject to any evidentiary standards set forth in this Agreement), in which \nboth parties shall be bound by the arbitration award, or (ii) by litigation. Whether the dispute is to be settled by arbitration or litigation, the \nvenue for the arbitration or litigation shall be Tampa, Florida. The parties consent to personal jurisdiction in each trial court in the selected \nvenue having subject matter jurisdiction notwithstanding their residence or situs, and each party irrevocably consents to service of process in \nthe manner provided hereunder for the giving of notices.  \n\n\n  \n(b) Any dispute arising out of this Agreement shall, at the Employees election, be determined by either (i) arbitration under the \nrules of the American Arbitration Association then in effect (but subject to any evidentiary standards set forth in this Agreement), in which \nboth parties shall be bound by the arbitration award, or (ii) by litigation. Whether the dispute is to be settled by arbitration or litigation, the \nvenue for the arbitration or litigation shall be Tampa, Florida. The parties consent to personal jurisdiction in each trial court in the selected \nvenue having subject matter jurisdiction notwithstanding their residence or situs, and each party irrevocably consents to service of process in \nthe manner provided hereunder for the giving of notices.\n\nTHESE NEXT FEW PAGES 115 10 125 ARE THE AUTOMOBILE DEALER RETAIL AGREEMENT PLANS:::\n\nThe undersigned Dealer proposes to sell to the undersigned XXXX XXXX XXXX. (XXXX), from time to time, Promissory Notes, Security \nAgreements, Retail Installment contracts, Conditional Sales Contracts, or other instruments hereinafter referred to as Contracts, evidencing \ninstallment payment obligations owing Dealer arising from the time sale of motor vehicle(s) and secured by such Contracts. It is understood \nthat XXXX shall have the sole discretion to determine which Contracts it will purchase from Dealer.  \n   \nIndemnity : As a separate and cumulative obligation, Dealer shall defend and hold XXXX harmless from any and all claims, defenses, \noffsets, damages, suits, administrative or other proceedings, cost (including reasonable attorneys fees), expenses, losses, and liabilities. \n(Collectively Claims) arising out of connected with or relating to the Contract or the goods or services sold there under. Timing of \nindemnification is within 7 days of demand by XXXX. \n\nXXXX XXXX XXXX. (hereinafter referred to as XXXX XXXX XXXX. or the Company) requires ethical conduct in the practice of \nfinancial management in all aspects of business activities.  \nThe XXXX XXXX XXXX. Code of Ethical Conduct for Financial Managers applies to all senior officers serving in a financial role. The Chief \nExecutive Officer, Chief Financial Officer and Controller, as well as certain other senior financial officers, hold an elevated role in corporate \ngovernance and are expected to act in accordance with the highest standards of personal and professional integrity, to comply with all \napplicable laws, rules, and regulations, to preserve and protect shareholders interests, and to abide by the XXXX XXXX XXXX. Code of \nBusiness Conduct and Ethics and other policies and procedures adopted by XXXX XXXX XXXX. that govern the conduct of its employees. \nThis Code of Ethical Conduct is intended to supplement the XXXX XXXX XXXX. Code of Business Conduct and Ethics.  \nAs the Chief Executive Officer, Chief Financial Officer, Controller, or other senior financial officer, I certify to you that I adhere to and \nadvocate the following principles governing my professional and ethical conduct in the fulfillment of my responsibilities. I agree to:  \n   \n  a. Comply with the Companys internal policies and procedures; \nb. Act at all times in accordance with the Companys Code of Business Conduct and Ethics which has been provided to me and with \nwhich I will comply; \nc. Engage in and promote honesty, integrity and ethical conduct, including the ethical handling of actual or apparent conflicts of \ninterest between personal and professional relationships; \nd. Provide accurate, complete, objective, timely and understandable financial disclosures in regards to internal reports as well as \nd\ndocuments filed or submitted to the Securities and Exchange Commission, any governmental, private or public regulatory agency, \nor used in public communications; \ne. Comply with applicable federal, state, provincial, and/or local governmental laws, rules and regulations, as well as appropriate \nprivate and public regulatory agencies; \nf. Respect the confidentiality of information acquired in the course of performing my work responsibilities except when authorized or \notherwise legally obligated to disclose such information; \ng. Act in good faith, responsibly, with due care, competence and diligence, without misrepresenting or omitting material facts or \nallowing my independent judgment to be compromised; \n  h. Avoid using confidential information acquired in the course of performing my job responsibilities for personal advantage; \n\n\nTHEY HAVE FIVE PAGES OF DEALERSHIPS THEY GET THERE CARS FROM PAGES ON PAGES ON HOW THEY KEEP FROM PAYING TAXES AND GET EXTRA MONEY THEY ARE CROOKS AND THEY ARE ALL THROUGH ONE MAIN GUY XXXX XXXX XXXX.  \n\nXXXX IS NOT EVEN A REAL BANK THEY GET THEIR MONEY FROM OTHER PLACES\nTHEY STOLE FROM US\n\n\nTHE MAIN STORES COMPANYS WE HAVING ISSUES WITH WILL BE LISTED FIRST ALL THE REST ARE POSSIBLE PLACES WHERE SUPPOSEDLY THEY ARE WHICH ONLINE AND ON SOME OF THEIR WEBSITES THEY ARE LISTED ON ONE OF THE TWO ADDRESSES LISTED FIRST.    ALSO NAMES OF SOME OF THE ASSOCIATES THAT WERE THE MAIN ISSUE ARE LOCATED AT THE XXXX AR LOCATION,  THE ONES TO INDIANA ARE NOT EVEN AT THAT LOCATION I FOUND OUT\n\nXXXX XXXX\nXXXX XXXX XXXX XXXX XXXX AR XXXX\nXXXX\n\nTHE FOLLOWING PEOPLE WHO DID THIS AND HAVE NOT CONTACTED US LIED TO US AND REFUSED TO TALK TO US AND TOLD US","date_sent_to_company":"2017-09-21T19:11:20.000Z","issue":"Struggling to pay your loan","sub_product":"Lease","zip_code":"65616","tags":"Servicemember","has_narrative":true,"complaint_id":"2680977","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Byrider Franchising, LLC","date_received":"2017-09-21T16:54:45.000Z","state":"MO","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":"Lender trying to repossess or disable the vehicle"},"highlight":{"complaint_what_happened":["The damages and <em>penalties</em> claimed by \nconsumers in these types of actions can be substantial. The relief requested by the plaintiffs varies but may include requests for compensatory, \nstatutory and punitive damages. We also are periodically subject to other kinds of litigation typically experienced by businesses such as ours, \nincluding employment <em>disputes</em> and breach of contract claims."]},"sort":[5.4330044,"2680977"]}]},"aggregations":{"has_narrative":{"meta":{},"doc_count":10,"has_narrative":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":1,"key_as_string":"true","doc_count":10}]}},"product":{"doc_count":10,"product":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit reporting, credit repair services, or other personal consumer reports","doc_count":5,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit reporting","doc_count":5}]}},{"key":"Credit card","doc_count":1,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Store credit card","doc_count":1}]}},{"key":"Credit card or prepaid card","doc_count":1,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Store credit card","doc_count":1}]}},{"key":"Debt collection","doc_count":1,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit card debt","doc_count":1}]}},{"key":"Student loan","doc_count":1,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Federal student loan servicing","doc_count":1}]}},{"key":"Vehicle loan or lease","doc_count":1,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Lease","doc_count":1}]}}]}},"issue":{"doc_count":10,"issue":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Problem with a credit reporting company's investigation into an existing problem","doc_count":5,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Their investigation did not fix an error on your report","doc_count":5}]}},{"key":"Dealing with your lender or servicer","doc_count":1,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Received bad information about your loan","doc_count":1}]}},{"key":"Fees or interest","doc_count":1,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Problem with fees","doc_count":1}]}},{"key":"Problem with a purchase shown on your statement","doc_count":1,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit card company isn't resolving a dispute about a purchase on your statement","doc_count":1}]}},{"key":"Struggling to pay your loan","doc_count":1,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Lender trying to repossess or disable the vehicle","doc_count":1}]}},{"key":"Written notification about debt","doc_count":1,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Didn't receive enough information to verify debt","doc_count":1}]}}]}},"timely":{"doc_count":10,"timely":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Yes","doc_count":10}]}},"company_response":{"doc_count":10,"company_response":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Closed with explanation","doc_count":7},{"key":"Closed with non-monetary relief","doc_count":2},{"key":"Closed with monetary relief","doc_count":1}]}},"submitted_via":{"doc_count":10,"submitted_via":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Web","doc_count":10}]}},"company":{"doc_count":10,"company":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"EQUIFAX, INC.","doc_count":3},{"key":"Bread Financial Holdings, Inc.","doc_count":2},{"key":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","doc_count":2},{"key":"Byrider Franchising, LLC","doc_count":1},{"key":"CITIBANK, N.A.","doc_count":1},{"key":"Navient Solutions, LLC.","doc_count":1}]}},"state":{"doc_count":10,"state":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"GA","doc_count":6},{"key":"NY","doc_count":2},{"key":"CA","doc_count":1},{"key":"MO","doc_count":1}]}},"company_public_response":{"doc_count":10,"company_public_response":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","doc_count":3},{"key":"Company believes it acted appropriately as authorized by contract or law","doc_count":1}]}},"tags":{"doc_count":10,"tags":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Servicemember","doc_count":1}]}}},"_meta":{"license":"CC0","last_updated":"2026-07-14T12:00:00-05:00","last_indexed":"2026-07-14T12:00:00-05:00","total_record_count":16441818,"is_data_stale":false,"has_data_issue":false,"break_points":{}}}