{"took":436,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":62,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"3419505","_score":8.869896,"_source":{"product":"Checking or savings account","complaint_what_happened":"On Tuesday, XX/XX/2019 the bank, Current with mailing address listed as Finco Services , Inc., XXXX XXXX XXXX # XXXX, XXXX XXXX, NY XXXX sent me an email on or about XXXX XXXX CST stating that You are approved for instant deposits! Additionally the email stated that those funds will be available immediately. Despite taking Currents email in good faith, it has become clearly evident via a preponderance of evidence that both Current and XXXX XXXX XXXX located at XXXX XXXX XXXX XXXX, XXXX, OH XXXX intentionally violated the Dodd-Frank Wall Street Reform and Consumer Protection Act Titles X and XIV codified in relevant part at 12 U.S.C. 5301, 5481-5603, and in laws amended ( Title X ) ; and 12 U.S.C. 5481 note, 15 U.S.C. 1601 note, 1602, and 1631 et seq. ( Title XIV ) and have provided both regulatory bodies and their respective agents with a false certifications, fraud in the inducements or both with respect to their willingness to comply with statutory and regulatory oversight requirements on their own without the need of additional actionable regulatory oversight Additionally, in section 8 ( b ) ( 3 ) of the Federal Deposit Insurance Act ( 12 U.S.C. 1818 ( b ) ( 3 ) ), it provides that if the Board of Governors determines that a condition, practice, or activity of a depository institution subsidiary or functionally regulated subsidiary of a non-bank financial company supervised by the Board of Governors does not comply with the regulations or orders prescribed by the Board of Governors under this Act, or otherwise poses a threat to the financial stability of the United States, the Board of Governors may recommend, in writing, to the primary financial regulatory agency for the subsidiary that such agency initiate a supervisory action or enforcement proceeding. Furthermore there are provisions within 12 U.S.C. 5363 that provides for Acquisitions of Banks and Treatment as a Bank Holding Company for the purposes of section 3 of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1842 ). \n\nOn or about XX/XX/2019, I opened an account with XXXX XXXX and declined to opt into overdraft protection per the Opt-In Rule. My checking account balance at the end of the business on XX/XX/2019 was {$740.00}. There were no transactions made on my account by me or anyone else from that time until approximately noon on XX/XX/2019 when I attempted to make a debit card purchase and my transaction was declined. I found that to be highly irregular and logged into my mobile banking application with XXXX XXXX and noticed that my checking balance is - {$1900.00}. It showed a list of strange \" pending transactions '' that took my account from where legally and ethically it was at in the amount of {$740.00} to a high negative balance. On or about XX/XX/2019, Current using their elected electronic banking systems listed at least {$840.00} of valid deposits into my checking account within their bank that is not up to par or on the same levels as the go-to and industry gold standard of other electronic banking systems such as XXXX XXXX ( R ) with XXXX ( SM ). This electronic banking system did not allow for the transfer of funds that would cause overdraft in an account that did not opt-in to overdraft protection thus exposing them to tortuous liability whether that be initially a case of negligence or later found to be intentional as a result of the deliberate and willful actions chosen like that of XXXX XXXX XXXX and Current did and continue to do. \n\nThe Opt-In Rule, 12 CFR Part 1005 ( Regulation E ) at 1005.17 ( b ) ( 2 ), provides official interpretation of conditioning payment of other overdrafts on consumer 's  consent. This section requires banks to condition and decline the payment of any overdraft checks, ACH transactions, and other types of transactions on the consumer because the consumer has not affirmatively consented to the institution 's overdraft service for ATM and one-time debit card transactions. On XX/XX/2019, XXXX Bank willfully and deliberately violated this section of the law and changed my account from {$740.00} to XXXX. This violation came stemmed from an act of negligence on their part to maintain effective and efficient electronic banking systems and became libelous with intentional tortuous liability as a result of them willfully and deliberately using creative and artful means to cause me injury, knowingly violate 12 CFR Part 1005 and  erode more trust from not only the banking industry as a whole but specifically XXXX XXXX XXXX. \n\n12 CFR Part 1005 does not provide justification for violating the law by banks for any reason whatsoever and banks are actually the more egregious offender like that of contracts of adhesion but the intentional injury inflicted on my was likely from something that should have been commended for. Apparently, I randomly discovered via penetration testing a flaw within two banking systems that through my efforts and the methods that I used in particular, XXXX XXXX XXXX and I were actually able to stop and remedy this glitch that XXXX XXXX XXXX actually has an official and legal duty and obligation to correct, not me. XXXX XXXX XXXX apparently was either extremely cheap in acquiring their business assets like their software & information systems and/or seriously lacking in the acquisition and retention of skilled, competent, knowledgeable, ethical and professional personnel. \n\nAlso, in regards to Current bank, is it not customary, required and expect that desiring to and having opened an account that was and is listed specifically as a checking account that it be industry standard that the account have the ability to write actual checks regardless of whether the bank specifically provides customers checks as stated by one of their employees or whether they obtain them from a different vendor that could likely charge less and consumers wouldnt be subject to unfair business practices that could result from vertical and horizontal integration of products and apparently wouldnt be found to be uncommon at this particular bank. This bank took nearly 15 days for a check that was a mere {$900.00} ( which was made to feel like it was {>= $1,000,000} ) to be made available when they could have simply called the issuing bank verified the availability of funds and made them available to the consumer in less than a day like what can happen at Check Cashing locations and payday lenders whose operations are not always the most cost effective solution when compared with a legitimate bank. Having mentioned legitimate with respect to a bank, does the Patriot Act not mandate that certain information when opening account be verified by the bank prior to opening the account in order to prevent potential funding of terrorism? What if I can be used as a direct example of the deliberate failure by Current bank to properly and effectively check and require specific forms of government identification in order to open an account or them actually being able to technically and effectively verify a consumers social security number when that consumer in question has an actual credit freeze from a XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX and did not lift said freeze in order to confirm ones identity, verify that the information is indeed accurate or whether it is the actual individual in question opening the account or responsible for it. The internet can open a world of possibilities whether that the benefits or liabilities. In a world of call centers and those companies like XXXX and XXXX that are most definitely not your mom and pop there is something to be said about that personal and human relationship that allows for those smaller business to continue to operate and compete but also whereby one might consider the job of someone whose face they see everyday before they decide to eviscerate an company or not engage in economic Darwinism from being an organization that one uses personification on relationships to things like corporations or flags. In Native American culture when they hunt using bows and arrows and by tracking, such an act can becomes an acceptable Spiritual practice when the animal gives up its spirit to the hunter versus a truly skill less sportsman who uses trickery pheromones or guns with scopes that can see or shoot from miles away.\n\nWhile some may hold that some political, legal and most definitely Spiritual stances may be rather harsh, they are obviously missing human element that for many years within the his deceptive Republic has long been missing. The intentional withholding and/or the destructive of monetary funds can and has had a direct effect on the human species component of humanity with respect to things like life, health, safety, freedom, liberty as well as happiness. It should be assumed that at the time of birth into this world, choice of entry is not generally provided to infants. With that being said, things like food, shelter, water, clothing, healthcare, security are required in order to survive as well as thrive. While some may contend that these should be provided as basic human rights without cost regardless of quality as long as such are effective, they are nevertheless needed. Depriving someone of money to buy food to prevent malnutrition and starving, things like ruining ones credit report intentionally, in error or in the possibility of error by the involvement and placing the information of others at a level of regard to allow for negativity regardless of validity or in what public policy and popular public opinion might find that the responsible party for unfortunate creditworthiness lies no responsibility on the consumer by their direct or indirect but rather that of an other parties. If a consumer has historically met or went beyond expected debt repayment guidelines for the business standard business relationship and their employer terminated them unlawfully and their primary source of income was from wages is it their fault for the lack of accountability and an actual legitimate possibility of redress of grievances not just some mere window that is rather elaborate trickery that causes the statutory protections of other bedrock and fundamental protections that to become efficiently have existed for hundreds if not thousands of years or more throughout many countries and municipalities to become superfluous and eroded sacred common law that we cling to in times when unexpected and unprepared for events occur in the present that have a huge impact on the immediate future. An example of such is when proprietary and governmental organizations require certain information in order to do business whether there is choice or not in the matter and they have the legal and responsibility to perform certain duties.\n\nTwo agents that I met privately that were professionally employed by the XXXX XXXX XXXX made a comment that demonstrated officially agency policy regarding security clearances that was rather stupid and a determent. The listed the two major concerns to be drug use and financial or credit worthiness. Well with respect to drug use, I can see how an agency not specified charted with jurisdictional involvement in drug use to be ignorant. For professionals that understand and support drug use they understand that usage can reveal very quickly negative and unacceptable attributes and behaviors that might not reveal themselves until many years later or at a time when ones value as an asset becomes great enough where they become a liability for national security and beyond later. With respect to having relationships as a result of drug use, one might actually be mesmerized about how quickly certain individuals can be leveraged in support of locating those who wish to hide and those who wish to thrive. With respect to financial or credit worthiness being unable to pay ones debts should not immediately imply recklessness or responsibility for them happening at all or continuing. If certain agencies and organizations hold the belief that someone should accept any job or position to pay debts regardless of whether that debt is valid, then why should they expect one to stay at organization, be trusted to defend and enforce that which others are by no laughable means beyond reproach or be passionate and respected enough to perform at their highest levels as a result of many potentially inciting factors including compensation, benefits, enjoyment and work life-balance. However the main point that is being conveyed regarding the seriousness, reliability and reliance on financial metrics can jeopardize security clearances, equal housing opportunity, the ability to find employment with employers and even ability to become an employer for oneself by starting their own business and being able to receive financial credit or capital to startup that business. It allows the creation of such desperate cycle of bondage that is not truly conforming to term vicious cycle and challenges whether ones life on earth could be potentially XXXX. \n\nWith respect to Dodd Frank, it lists the term Too big to Fail. At what point is there a moral, ethical and legitimate reason for these colossal giants of adhesion due to their actual and potential powers, abilities and their actual and constructive utility does a regulatory agency or oversight authority feel it a statutory obligation to enter the fray on behalf of the consumer whether that be in support of that specific consumer or the macroeconomic applicability of consumer without being a party to what could be deemed conspiracy ( whether be one of silence or otherwise ) or what the military would consider dereliction of duty or abandoning ones post without being properly relieved whether be accidental and accountable or intentional and treasonous by a domestic enemy of the Constitution?\n\nThe Opt-In Rule, 12 CFR Part 1005 ( Regulation E ) at 1005.17 ( b ) ( 2 ), provides official interpretation of conditioning payment of other overdrafts on consumer 's  consent. This section requires banks to condition and decline the payment of any overdraft checks, ACH transactions, and other types of transactions on the consumer because the consumer has not affirmatively consented to the institution 's overdraft service for ATM and one-time debit card transactions. On XXXX XX/XX/XXXX, XXXX XXXX XXXX willfully and deliberately violated this section of the law and changed my account from {$740.00} to XXXX. This violation came stemmed from an act of negligence on their part to maintain effective and efficient electronic banking systems and became libelous with intentional tortuous liability as a result of them willfully and deliberately using creative and artful means to cause me injury, knowingly violate 12 CFR Part  1005 and erode more trust from not only the banking industry as a whole but specifically XXXX XXXX XXXX. \n\n12 CFR Part 1005 does not provide justification for violating the law by banks for any reason whatsoever and banks are actually the more egregious offender like that of contracts of adhesion but the intentional injury inflicted on my was likely from something that should have been commended for. Apparently, I randomly discovered via penetration testing a flaw within two banking systems that through my efforts and the methods that I used in particular, XXXX XXXX and I were actually able to stop and remedy this glitch that XXXX XXXX XXXX actually has an official and legal duty and obligation to correct, not me. XXXX XXXX XXXX apparently was either extremely cheap in acquiring their business assets like their software & information systems and/or seriously lacking in the acquisition and retention of skilled, competent, knowledgeable, ethical and professional personnel.","date_sent_to_company":"2019-10-27T05:31:08.000Z","issue":"Managing an account","sub_product":"Checking account","zip_code":"60660","tags":"Servicemember","has_narrative":true,"complaint_id":"3419505","timely":"No","company_response":"Closed with explanation","submitted_via":"Web","company":"FinCo Services Inc DBA Current","date_received":"2019-10-27T05:18:50.000Z","state":"IL","company_public_response":null,"sub_issue":"Banking errors"},"highlight":{"complaint_what_happened":["An example of such is when proprietary and governmental organizations require <em>certain</em> information in order to do business whether there is choice or not in the matter and they have the legal and responsibility to perform <em>certain</em> duties.\n\nTwo agents that I met privately that were professionally employed by the XXXX XXXX XXXX made a comment that demonstrated officially agency policy regarding <em>security</em> clearances that was rather stupid and a determent."]},"sort":[8.869896,"3419505"]},{"_index":"complaint-public-v1","_id":"11475115","_score":7.824381,"_source":{"product":"Debt collection","complaint_what_happened":"PORTFOLIO RECOVERY ASSOCIATES XXXX XXXX XXXX XXXXXXXX Date open : XX/XX/year> Acc status : collection Type of acct : debt buyer Original balance : {$2000.00} NOTICE OF DISPUTE ; DEMAND FOR VALIDATION AND PROOF OF CLAIM HAS NOT BEEN MET! \nTo Whom it May Concern Your company is illegally trying to collect and is furnishing false items that violates my consumer rights and FDCPA and FCRA. Be advised that your claim is disputed. Debt validation has to be provided in accordance with the Fair Debt Collection Practices Act, 15 USC {$1600.00} and as amended by adding the following new Title 8 US {$800.00} et seq., and the Fair Credit Billing Act, 15 USC. {$1600.00} et seq. All of which work in conjunction with each other, including the Truth In Lending Act ( TILA ) 15 USC 1601 et seq. It is not now, nor has it ever been, my intention to avoid paying any alleged obligation that is lawfully owed by the Claimant. \nIn order to make arrangements to pay an obligation which may be lawfully owed, please document and verify the \" debt '' by complying, in good faith, with this request for validation and return it to me, within thirty ( 30 ) days of receipt of this letter.\n\nThis is was NOT a request for \" verification '' or proof of Claimant mailing address or copies of bank statements you could find, but a request for VALIDATION and PROOF OF CLAIM made pursuant to the above named Titles and Sections. I respectfully request that your offices provide Claimant with competent evidence as per the attached \" Declaration and Proof of Claim '' that I have any legal obligation to pay you the unsubstantiated alleged debt. Furthermore you shall cease all verbal communication. No phone calls to the Claimant. \nAt this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus, such as, XXXX, XXXX and XXXX prior to validation and proof of claim of the disputed debt, this action might constitute fraud under both Federal and State Laws. Due to this fact ; if any negative mark is found on any of Claimant credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for the following : - Violation of the Fair Credit Reporting Act - Violation of the Fair Debt Collection Practices Act Defamation of Character - Violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341 ( Mail Fraud ) This debt is considered to be invalid and all collection of this alleged account be stopped until I receive proper validation and your offices provide Claimant with proof of claim of the disputed debt. Your offices have 30 days to produce the required documentation in accordance with FTC guidelines. During this validation period and proof of claim, if any action is taken which could be considered detrimental to any of Claimant credit reports, said action will be considered a \" dishonor '' and cause the self-executing contract portion of this notice to be implemented. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated. \nIf your offices fail to respond to this validation and proof of claim request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from Claimant credit file and a copy of such deletion request shall be sent to Claimant immediately.\n\nTitle 8 USC {$800.00}. Validation of debts [ 15 USC 1692g ] ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. \nXXXXXXXX XXXX XXXX XXXXXXXX : VERIFICATION. \nConfirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition. \nRULING 1002 - Requirement of the original An original writing, recording, or photograph is required in order to prove its content unless these rules or a federal statute provides otherwise. \nCounter Claim with Self-executing Contract If Respondent, such as by commission, omission, and otherwise : ( a ) Fails to provide VALIDATION and PROOF OF CLAIM within thirty ( 30 ) days ; ( b ) Makes a false representation of the character of the herein above-referenced alleged debt ; ( c ) Makes a false representation of the legal status of the herein above-referenced alleged debt ; ( d ) Makes any threat of action that can not legally be taken, in violation of any applicable law, such as, the law codified at the Fair Debt Collection Practices Act, will be construed to be Respondent 's tacit acceptance of the terms and condition stated herein.\n\nIn which case RESPONDENT agrees to : ( e ) Voluntarily report this account to all credit bureaus as \" paid as agreed ; '' and, ( f ) Voluntarily waive all claims against Claimant, their Agent or Heirs with prejudice ; and, ( g ) The matter regarding the alleged debt is finally and totally settled ; and, ( h ) Voluntarily admits the Claimant is the depositor for this account, that Respondent risked none of their assets at any time regarding this account and that they failed to disclose these material facts to Claimant ; and, ( i ) Voluntarily report the date of last activity on this account is the date of this notice.\n\nFurthermore, RESPONDENT 'S failure to \" Cease and Desist '' in accordance with the requirements of the FDCPA and other related law, and/or satisfy the above \" terms and conditions, \" its a XXXX for each violation. \nThis is a private communication and is intended to affect an out-of-court settlement of this matter. Conduct yourself accordingly. Should any provision on this agreement be found to not be enforceable by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become enforceable. \n\" Equality under the Law is XXXX and MANDATORY by Law '' NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL Applicable to all successors and assigns Silence is Acquiescence/Agreement/Dishonor CREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF CLAIM Please provide all of the following information and submit the appropriate forms and paperwork back to me along with an Affidavit signed In Accordance with 28 U.S.C. 1746 within 30 days from the date of your receipt of this request for validation and proof of claim.\n\n1.\n\nAlleged Name and Address of Creditor 2. Name on File of Alleged Debtor : 3. Alleged Account # : Amount of alleged debt : 5. Date that this alleged debt became/becomes payable : 6. Date of original charge off or delinquency : 7. Amount paid if debt was purchased : 8.\n\nPlease attach a copy of any signed agreement alleged debtor/claimant has made with debt collector, or other verifiable proof that debtor/claimant has a contractual obligation to pay debt collector.\n\n9. \nFurnish a copy of the original promissory note/agreement redacting my social security number to prevent identity theft and state that your client named above is the holder in due course of the note agreement and will produce the original forms for my own judges inspection should there be a trial to contest these matters.\n\n10. Produce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. Such as ; XXXX XXXX balance sheet ( XXXXXXXX XXXX XXXX XXXX XXXX, XXXX )XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt. \n12. Verified specifically, name ( s ) of person ( s ) assignd as Trustee to handle Corporations affairs and to be held accountable for the actions of the Corporation. Such as XXXX and subordinates responsible for debt collections.\n\n13. Verify as a third party debt collector, you have not purchased evidence of the alleged debt and are proceeding with collection activity in the name of the original maker of the note.\n\n14. Verify you know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity.\n\n15. Provide verification from the stated creditor that you are authorized to act for them.\n\n16. Verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing, which you know is false with the intention that others rely on the written communication to their detriment a violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341.\n\nDisputing the Debt,","date_sent_to_company":"2025-01-10T13:26:01.000Z","issue":"Attempts to collect debt not owed","sub_product":"I do not know","zip_code":"33313","tags":null,"has_narrative":true,"complaint_id":"11475115","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"Portfolio Recovery Associates, LLC","date_received":"2025-01-10T13:19:00.000Z","state":"FL","company_public_response":null,"sub_issue":"Debt was result of identity theft"},"highlight":{"complaint_what_happened":["Should any provision on this agreement be found to not be <em>enforceable</em> by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become <em>enforceable</em>."]},"sort":[7.824381,"11475115"]},{"_index":"complaint-public-v1","_id":"11456335","_score":7.82092,"_source":{"product":"Debt collection","complaint_what_happened":"To Wh\n\nom it May Concern Your company is illegally trying to collect and is furnishing false items that violates my consumer rights and FDCPA and FCRA. Be advised that your claim is disputed. Debt validation has to be provided in accordance with the Fair Debt Collection Practices Act, 15 USC {$1600.00} and as amended by adding the following new Title 8 US {$800.00} et seq., and the Fair Credit Billing Act, 15 USC. {$1600.00} et seq. All of which work in conjunction with each other, including the Truth In Lending Act ( TILA ) 15 USC 1601 et seq. It is not now, nor has it ever been, my intention to avoid paying any alleged obligation that is lawfully owed by the Claimant. In order to make arrangements to pay an obligation which may be lawfully owed, please document and verify the \" debt '' by complying, in good faith, with this request for validation and return it to me, within thirty ( 30 ) days of receipt of this letter. \nThis is was NOT a request for \" verification '' or proof of Claimant mailing address or copies of bank statements you could find, but a request for VALIDATION and PROOF OF CLAIM made pursuant to the above named Titles and Sections. I respectfully request that your offices provide Claimant with competent evidence as per the attached \" Declaration and Proof of Claim '' that I have any legal obligation to pay you the unsubstantiated alleged debt. Furthermore you shall cease all verbal communication. No phone calls to the Claimant. \nAt this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus, such as, XXXX, XXXX and XXXX prior to validation and proof of claim of the disputed debt, this action might constitute fraud under both Federal and State Laws. Due to this fact ; if any negative mark is found on any of Claimant credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for the following : - Violation of the Fair Credit Reporting Act - Violation of the Fair Debt Collection Practices Act Defamation of Character - Violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341 ( Mail Fraud ) This debt is considered to be invalid and all collection of this alleged account be stopped until I receive proper validation and your offices provide Claimant with proof of claim of the disputed debt. Your offices have 30 days to produce the required documentation in accordance with FTC guidelines. During this validation period and proof of claim, if any action is taken which could be considered detrimental to any of Claimant credit reports, said action will be considered a \" dishonor '' and cause the self-executing contract portion of this notice to be implemented. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated. \nIf your offices fail to respond to this validation and proof of claim request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from Claimant credit file and a copy of such deletion request shall be sent to Claimant immediately. \nTitle 8 USC {$800.00}. Validation of debts [ 15 USC 1692g ] ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. \nXXXXXXXX XXXX XXXX XXXXXXXX : VERIFICATION. \nConfirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition. \nRULING 1002 - Requirement of the original An original writing, recording, or photograph is required in order to prove its content unless these rules or a federal statute provides otherwise.\n\nCounter Claim with Self-executing Contract If Respondent, such as by commission, omission, and otherwise : ( a ) Fails to provide VALIDATION and PROOF OF CLAIM within thirty ( 30 ) days ; ( b ) Makes a false representation of the character of the herein above-referenced alleged debt ; ( c ) Makes a false representation of the legal status of the herein above-referenced alleged debt ; ( d ) Makes any threat of action that can not legally be taken, in violation of any applicable law, such as, the law codified at the Fair Debt Collection Practices Act, will be construed to be Respondent 's tacit acceptance of the terms and condition stated herein. \nIn which case RESPONDENT agrees to : ( e ) Voluntarily report this account to all credit bureaus as \" paid as agreed ; '' and, ( f ) Voluntarily waive all claims against Claimant, their Agent or Heirs with prejudice ; and, ( g ) The matter regarding the alleged debt is finally and totally settled ; and, ( h ) Voluntarily admits the Claimant is the depositor for this account, that Respondent risked none of their assets at any time regarding this account and that they failed to disclose these material facts to Claimant ; and, ( i ) Voluntarily report the date of last activity on this account is the date of this notice. \nFurthermore, RESPONDENT 'S failure to \" Cease and Desist '' in accordance with the requirements of the FDCPA and other related law, and/or satisfy the above \" terms and conditions, \" its a XXXX for each violation. \nThis is a private communication and is intended to affect an out-of-court settlement of this matter. Conduct yourself accordingly. Should any provision on this agreement be found to not be enforceable by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become enforceable. \n\" Equality under the Law is XXXX and MANDATORY by Law '' NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL Applicable to all successors and assigns Silence is Acquiescence/Agreement/Dishonor CREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF CLAIM Please provide all of the following information and submit the appropriate forms and paperwork back to me along with an Affidavit signed In Accordance with 28 U.S.C. 1746 within 30 days from the date of your receipt of this request for validation and proof of claim. \n1.\n\nAlleged Name and Address of Creditor 2.\n\nName on File of Alleged Debtor : 3.\n\nAlleged Account # : Amount of alleged debt : 5.\n\nDate that this alleged debt became/becomes payable : 6.\n\nDate of original charge off or delinquency : 7.\n\nAmount paid if debt was purchased : 8.\n\nPlease attach a copy of any signed agreement alleged debtor/claimant has made with debt collector, or other verifiable proof that debtor/claimant has a contractual obligation to pay debt collector.\n\n9.\n\nFurnish a copy of the original promissory note/agreement redacting my social security number to prevent identity theft and state that your client named above is the holder in due course of the note agreement and will produce the original forms for my own judges inspection should there be a trial to contest these matters. \n10. Produce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. Such as ; XXXX XXXX balance sheet ( XXXX # 's XXXX, XXXX, XXXX ), 1099 OID report, S-3/A registration statement, 424-B5 prospectus, RC-S & RC-B call schedules 11. Identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt. \n12. Verified specifically, name ( s ) of person ( s ) assignd as Trustee to handle Corporations affairs and to be held accountable for the actions of the Corporation. Such as CFO and subordinates responsible for debt collections. \n13. Verify as a third party debt collector, you have not purchased evidence of the alleged debt and are proceeding with collection activity in the name of the original maker of the note. \n14. Verify you know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity. \n15. Provide verification from the stated creditor that you are authorized to act for them. \n16. Verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing, which you know is false with the intention that others rely on the written communication to their detriment a violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341. \nDisputing the Debt,","date_sent_to_company":"2025-01-09T17:06:59.000Z","issue":"Attempts to collect debt not owed","sub_product":"Telecommunications debt","zip_code":"33313","tags":null,"has_narrative":true,"complaint_id":"11456335","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"Portfolio Recovery Associates, LLC","date_received":"2025-01-09T16:57:46.000Z","state":"FL","company_public_response":null,"sub_issue":"Debt was result of identity theft"},"highlight":{"complaint_what_happened":["Should any provision on this agreement be found to not be <em>enforceable</em> by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become <em>enforceable</em>."]},"sort":[7.82092,"11456335"]},{"_index":"complaint-public-v1","_id":"12148344","_score":7.8114605,"_source":{"product":"Debt collection","complaint_what_happened":"NOTICE OF DISPUTE ; DEMAND FOR VALIDATION AND PROOF OF CLAIM HAS NOT BEEN MET! \nTo Whom it May Concern Your company is illegally trying to collect and is furnishing false items that violates my consumer rights and FDCPA and FCRA. Be advised that your claim is disputed. Debt validation has to be provided in accordance with the Fair Debt Collection Practices Act, 15 USC {$1600.00} and as amended by adding the following new Title 8 US {$800.00} et seq., and the Fair Credit Billing Act, 15 USC. {$1600.00} et seq. All of which work in conjunction with each other, including the Truth In Lending Act ( TILA ) 15 USC 1601 et seq. It is not now, nor has it ever been, my intention to avoid paying any alleged obligation that is lawfully owed by the Claimant.\n\nIn order to make arrangements to pay an obligation which may be lawfully owed, please document and verify the \" debt '' by complying, in good faith, with this request for validation and return it to me, within XXXX ( XXXX ) days of receipt of this letter. \nThis is was NOT a request for \" verification '' or proof of Claimant mailing address or copies of bank statements you could find, but a request for VALIDATION and PROOF OF CLAIM made pursuant to the above named Titles and Sections. I respectfully request that your offices provide Claimant with competent evidence as per the attached \" Declaration and Proof of Claim '' that I have any legal obligation to pay you the unsubstantiated alleged debt. Furthermore you shall cease all verbal communication. No phone calls to the Claimant. \nAt this time I will also inform you that if your offices have reported invalidated information to any of the XXXX major Credit Bureaus, such as, XXXX, XXXX and XXXX prior to validation and proof of claim of the disputed debt, this action might constitute fraud under both Federal and State Laws. Due to this fact ; if any negative mark is found on any of Claimant credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for the following : - Violation of the Fair Credit Reporting Act - Violation of the Fair Debt Collection Practices Act Defamation of Character - Violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341 ( Mail Fraud ) This debt is considered to be invalid and all collection of this alleged account be stopped until I receive proper validation and your offices provide Claimant with proof of claim of the disputed debt. Your offices have 30 days to produce the required documentation in accordance with FTC guidelines. During this validation period and proof of claim, if any action is taken which could be considered detrimental to any of Claimant credit reports, said action will be considered a \" dishonor '' and cause the self-executing contract portion of this notice to be implemented. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated. \nIf your offices fail to respond to this validation and proof of claim request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from Claimant credit file and a copy of such deletion request shall be sent to Claimant immediately. \nTitle 8 USC {$800.00}. Validation of debts [ 15 USC 1692g ] ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. \nXXXX XXXX XXXX XXXXXXXX : VERIFICATION. \nConfirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition. \nRULING 1002 - Requirement of the original An original writing, recording, or photograph is required in order to prove its content unless these rules or a federal statute provides otherwise. \nCounter Claim with Self-executing Contract If Respondent, such as by commission, omission, and otherwise : ( a ) Fails to provide VALIDATION and PROOF OF CLAIM within XXXX ( XXXX ) days ; ( b ) Makes a false representation of the character of the herein above-referenced alleged debt ; ( c ) Makes a false representation of the legal status of the herein above-referenced alleged debt ; ( d ) Makes any threat of action that can not legally be taken, in violation of any applicable law, such as, the law codified at the Fair Debt Collection Practices Act, will be construed to be Respondent 's tacit acceptance of the terms and condition stated herein.\n\nIn which case RESPONDENT agrees to : ( XXXX ) Voluntarily report this account to all credit bureaus as \" paid as agreed ; '' and, ( f ) Voluntarily waive all claims against Claimant, their Agent or Heirs with prejudice ; and, ( XXXX ) The matter regarding the alleged debt is finally and totally settled ; and, ( h ) Voluntarily admits the Claimant is the depositor for this account, that Respondent risked none of their assets at any time regarding this account and that they failed to disclose these material facts to Claimant ; and, ( i ) Voluntarily report the date of last activity on this account is the date of this notice.\n\nFurthermore, RESPONDENT 'S failure to \" Cease and Desist '' in accordance with the requirements of the FDCPA and other related law, and/or satisfy the above \" terms and conditions, \" its a XXXX for each violation. \nThis is a private communication and is intended to affect an out-of-court settlement of this matter. Conduct yourself accordingly. Should any provision on this agreement be found to not be enforceable by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become enforceable.\n\n\" Equality under the Law is PARAMOUNT and MANDATORY by Law '' NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL Applicable to all successors and assigns Silence is Acquiescence/Agreement/Dishonor CREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF CLAIM Please provide all of the following information and submit the appropriate forms and paperwork back to me along with an Affidavit signed In Accordance with 28 U.S.C. XXXX within 30 days from the date of your receipt of this request for validation and proof of claim. \nXXXX. \nAlleged Name and Address of Creditor XXXX. \nName on File of Alleged Debtor : XXXX. \nAlleged Account # : Amount of alleged debt : XXXX. \nDate that this alleged debt became/becomes payable : XXXX. \nDate of original charge off or delinquency : XXXX. \nAmount paid if debt was purchased : XXXX. \nPlease attach a copy of any signed agreement alleged debtor/claimant has made with debt collector, or other verifiable proof that debtor/claimant has a contractual obligation to pay debt collector. \nXXXX. \nFurnish a copy of the original promissory note/agreement redacting my social security number to prevent identity theft and state that your client named above is the holder in due course of the note agreement and will produce the original forms for my own judges inspection should there be a trial to contest these matters. \nXXXX. Produce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. Such as ; XXXX XXXX balance sheet ( XXXX XXXX XXXX XXXXXXXX, XXXX, XXXX ), XXXX OID report, XXXX registration statement, XXXX prospectus, XXXX & XXXX call schedules XXXX. Identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt. \nXXXX. Verified specifically, name ( XXXX ) of person ( XXXX ) assignd as Trustee to handle Corporations affairs and to be held accountable for the actions of the Corporation. Such as CFO and subordinates responsible for debt collections. \nXXXX. Verify as a third party debt collector, you have not purchased evidence of the alleged debt and are proceeding with collection activity in the name of the original maker of the note. \nXXXX. Verify you know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity. \nXXXX. Provide verification from the stated creditor that you are authorized to act for them. \nXXXX. Verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing, which you know is false with the intention that others rely on the written communication to their detriment a violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341.\n\nDisputing the Debt,","date_sent_to_company":"2025-02-20T21:13:26.000Z","issue":"Attempts to collect debt not owed","sub_product":"I do not know","zip_code":"33313","tags":null,"has_narrative":true,"complaint_id":"12148344","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Portfolio Recovery Associates, LLC","date_received":"2025-02-20T21:05:10.000Z","state":"FL","company_public_response":null,"sub_issue":"Debt is not yours"},"highlight":{"complaint_what_happened":["Should any provision on this agreement be found to not be <em>enforceable</em> by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become <em>enforceable</em>."]},"sort":[7.8114605,"12148344"]},{"_index":"complaint-public-v1","_id":"11455395","_score":7.8114605,"_source":{"product":"Debt collection","complaint_what_happened":"XXXX # : XXXX Date open : XX/XX/2022 XXXX status : collection Type of acct : debt buyer Original balance : {$280.00} XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX NOTICE OF DISPUTE ; DEMAND FOR VALIDATION AND PROOF OF CLAIM HAS NOT BEEN MET! \nTo Whom it May Concern Your company is illegally trying to collect and is furnishing false items that violates my consumer rights and FDCPA and FCRA. Be advised that your claim is disputed. Debt validation has to be provided in accordance with the Fair Debt Collection Practices Act, 15 USC {$1600.00} and as amended by adding the following new Title 8 US {$800.00} et seq., and the Fair Credit Billing Act, 15 USC. {$1600.00} et seq. All of which work in conjunction with each other, including the Truth In Lending Act ( TILA ) 15 USC 1601 et seq. It is not now, nor has it ever been, my intention to avoid paying any alleged obligation that is lawfully owed by the Claimant. \nIn order to make arrangements to pay an obligation which may be lawfully owed, please document and verify the \" debt '' by complying, in good faith, with this request for validation and return it to me, within thirty ( XXXX ) days of receipt of this letter. \nThis is was NOT a request for \" verification '' or proof of Claimant mailing address or copies of bank statements you could find, but a request for VALIDATION and PROOF OF CLAIM made pursuant to the above named Titles and Sections. I respectfully request that your offices provide Claimant with competent evidence as per the attached \" Declaration and Proof of Claim '' that I have any legal obligation to pay you the unsubstantiated alleged debt. Furthermore you shall cease all verbal communication. No phone calls to the Claimant. \nAt this time I will also inform you that if your offices have reported invalidated information to any of the XXXX major Credit Bureaus, such as, XXXX, XXXX and XXXX prior to validation and proof of claim of the disputed debt, this action might constitute fraud under both Federal and State Laws. Due to this fact ; if any negative mark is found on any of Claimant credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for the following : - Violation of the Fair Credit Reporting Act - Violation of the Fair Debt Collection Practices Act Defamation of Character - Violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341 ( Mail Fraud ) This debt is considered to be invalid and all collection of this alleged account be stopped until I receive proper validation and your offices provide Claimant with proof of claim of the disputed debt. Your offices have XXXX  days to produce the required documentation in accordance with FTC guidelines. During this validation period and proof of claim, if any action is taken which could be considered detrimental to any of Claimant credit reports, said action will be considered a \" dishonor '' and cause the self-executing contract portion of this notice to be implemented. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated. \nIf your offices fail to respond to this validation and proof of claim request within XXXX days from the date of your receipt, all references to this account must be deleted and completely removed from Claimant credit file and a copy of such deletion request shall be sent to Claimant immediately. \nTitle 8 USC {$800.00}. Validation of debts [ 15 USC 1692g ] ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. \nXXXX 'S XXXX XXXX : VERIFICATION. \nConfirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition. \nRULING 1002 - Requirement of the original An original writing, recording, or photograph is required in order to prove its content unless these rules or a federal statute provides otherwise. \nCounter Claim with Self-executing Contract If Respondent, such as by commission, omission, and otherwise : ( a ) Fails to provide VALIDATION and PROOF OF CLAIM within thirty ( XXXX ) days ; ( b ) Makes a false representation of the character of the herein above-referenced alleged debt ; ( c ) Makes a false representation of the legal status of the herein above-referenced alleged debt ; ( d ) Makes any threat of action that can not legally be taken, in violation of any applicable law, such as, the law codified at the Fair Debt Collection Practices Act, will be construed to be Respondent 's tacit acceptance of the terms and condition stated herein. \nIn which case RESPONDENT agrees to : ( e ) Voluntarily report this account to all credit bureaus as \" paid as agreed ; '' and, ( f ) Voluntarily waive all claims against Claimant, their Agent or Heirs with prejudice ; and, ( g ) The matter regarding the alleged debt is finally and totally settled ; and, ( h ) Voluntarily admits the Claimant is the depositor for this account, that Respondent risked none of their assets at any time regarding this account and that they failed to disclose these material facts to Claimant ; and, ( i ) Voluntarily report the date of last activity on this account is the date of this notice. \nFurthermore, RESPONDENT 'S failure to \" Cease and Desist '' in accordance with the requirements of the FDCPA and other related law, and/or satisfy the above \" terms and conditions, \" its a XXXX for each violation. \nThis is a private communication and is intended to affect an out-of-court settlement of this matter. Conduct yourself accordingly. Should any provision on this agreement be found to not be enforceable by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become enforceable. \n\" Equality under the Law is XXXX and MANDATORY by Law '' NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL Applicable to all successors and assigns Silence is Acquiescence/Agreement/Dishonor CREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF CLAIM Please provide all of the following information and submit the appropriate forms and paperwork back to me along with an Affidavit signed In Accordance with 28 U.S.C. 1746 within XXXX days from the date of your receipt of this request for validation and proof of claim. \nXXXX. \nAlleged Name and Address of Creditor XXXX. \nName on File of Alleged Debtor : XXXX. \nAlleged Account # : Amount of alleged debt : XXXX. \nDate that this alleged debt became/becomes payable : XXXX. \nDate of original charge off or delinquency : XXXX. \nAmount paid if debt was purchased : XXXX. \nPlease attach a copy of any signed agreement alleged debtor/claimant has made with debt collector, or other verifiable proof that debtor/claimant has a contractual obligation to pay debt collector. \nXXXX. \nFurnish a copy of the original promissory note/agreement redacting my social security number to prevent identity theft and state that your client named above is the holder in due course of the note agreement and will produce the original forms for my own judges inspection should there be a trial to contest these matters. \nXXXX. Produce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. Such as ; XXXX XXXX balance sheet ( XXXX # 's XXXX, XXXX, XXXX ), XXXX OID report, XXXX registration statement, XXXX prospectus, XXXX & XXXX call schedules XXXX. Identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt. \nXXXX. Verified specifically, name ( XXXX ) of person ( XXXX ) assignd as Trustee to handle Corporations affairs and to be held accountable for the actions of the Corporation. Such as CFO and subordinates responsible for debt collections. \nXXXX. Verify as a third party debt collector, you have not purchased evidence of the alleged debt and are proceeding with collection activity in the name of the original maker of the note. \nXXXX. Verify you know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity. \nXXXX. Provide verification from the stated creditor that you are authorized to act for them. \nXXXX. Verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing, which you know is false with the intention that others rely on the written communication to their detriment a violation of United States Code TITLE XXXX8 PART 1 CHAPTER 63 1341.\n\nDisputing the Debt,","date_sent_to_company":"2025-01-09T17:14:56.000Z","issue":"Attempts to collect debt not owed","sub_product":"Other debt","zip_code":"33313","tags":null,"has_narrative":true,"complaint_id":"11455395","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Penn Credit Corporation","date_received":"2025-01-09T17:10:11.000Z","state":"FL","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":"Debt is not yours"},"highlight":{"complaint_what_happened":["Should any provision on this agreement be found to not be <em>enforceable</em> by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become <em>enforceable</em>."]},"sort":[7.8114605,"11455395"]},{"_index":"complaint-public-v1","_id":"11454573","_score":7.8114605,"_source":{"product":"Debt collection","complaint_what_happened":"XXXX # : XXXX Date open : XX/XX/2019 Acc status : collection Type of acct : XXXX XXXX  Original balance : {$350.00} PENN CREDIT CORPORATION XXXX XXXX XXXX XXXX Pennsylvania XXXX NOTICE OF DISPUTE ; DEMAND FOR VALIDATION AND PROOF OF CLAIM HAS NOT BEEN MET! \nTo Whom it May Concern Your company is illegally trying to collect and is furnishing false items that violates my consumer rights and FDCPA and FCRA. Be advised that your claim is disputed. Debt validation has to be provided in accordance with the Fair Debt Collection Practices Act, 15 USC {$1600.00} and as amended by adding the following new Title 8 US {$800.00} et seq., and the Fair Credit Billing Act, 15 USC. {$1600.00} et seq. All of which work in conjunction with each other, including the Truth In Lending Act ( TILA ) 15 USC 1601 et seq. It is not now, nor has it ever been, my intention to avoid paying any alleged obligation that is lawfully owed by the Claimant.\n\nIn order to make arrangements to pay an obligation which may be lawfully owed, please document and verify the \" debt '' by complying, in good faith, with this request for validation and return it to me, within thirty ( 30 ) days of receipt of this letter.\n\nThis is was NOT a request for \" verification '' or proof of Claimant mailing address or copies of bank statements you could find, but a request for VALIDATION and PROOF OF CLAIM made pursuant to the above named Titles and Sections. I respectfully request that your offices provide Claimant with competent evidence as per the attached \" Declaration and Proof of Claim '' that I have any legal obligation to pay you the unsubstantiated alleged debt. Furthermore you shall cease all verbal communication. No phone calls to the Claimant. \nAt this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus, such as, XXXX, XXXX and XXXX prior to validation and proof of claim of the disputed debt, this action might constitute fraud under both Federal and State Laws. Due to this fact ; if any negative mark is found on any of Claimant credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for the following : - Violation of the Fair Credit Reporting Act - Violation of the Fair Debt Collection Practices Act Defamation of Character - Violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341 ( Mail Fraud ) This debt is considered to be invalid and all collection of this alleged account be stopped until I receive proper validation and your offices provide Claimant with proof of claim of the disputed debt. Your offices have 30 days to produce the required documentation in accordance with FTC guidelines. During this validation period and proof of claim, if any action is taken which could be considered detrimental to any of Claimant credit reports, said action will be considered a \" dishonor '' and cause the self-executing contract portion of this notice to be implemented. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated.\n\nIf your offices fail to respond to this validation and proof of claim request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from Claimant credit file and a copy of such deletion request shall be sent to Claimant immediately.\n\nTitle 8 USC {$800.00}. Validation of debts [ 15 USC 1692g ] ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.\n\nBLACK 'S LAW DICTIONARY : VERIFICATION.\n\nConfirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition.\n\nRULING 1002 - Requirement of the original An original writing, recording, or photograph is required in order to prove its content unless these rules or a federal statute provides otherwise.\n\nCounter Claim with Self-executing Contract If Respondent, such as by commission, omission, and otherwise : ( a ) Fails to provide VALIDATION and PROOF OF CLAIM within thirty ( 30 ) days ; ( b ) Makes a false representation of the character of the herein above-referenced alleged debt ; ( c ) Makes a false representation of the legal status of the herein above-referenced alleged debt ; ( d ) Makes any threat of action that can not legally be taken, in violation of any applicable law, such as, the law codified at the Fair Debt Collection Practices Act, will be construed to be Respondent 's tacit acceptance of the terms and condition stated herein.\n\nIn which case RESPONDENT agrees to : ( e ) Voluntarily report this account to all credit bureaus as \" paid as agreed ; '' and, ( f ) Voluntarily waive all claims against Claimant, their Agent or Heirs with prejudice ; and, ( g ) The matter regarding the alleged debt is finally and totally settled ; and, ( h ) Voluntarily admits the Claimant is the depositor for this account, that Respondent risked none of their assets at any time regarding this account and that they failed to disclose these material facts to Claimant ; and, ( i ) Voluntarily report the date of last activity on this account is the date of this notice.\n\nFurthermore, RESPONDENT 'S failure to \" Cease and Desist '' in accordance with the requirements of the FDCPA and other related law, and/or satisfy the above \" terms and conditions, \" its a XXXX for each violation. \nThis is a private communication and is intended to affect an out-of-court settlement of this matter. Conduct yourself accordingly. Should any provision on this agreement be found to not be enforceable by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become enforceable. \n\" Equality under the Law is PARAMOUNT and MANDATORY by Law '' NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL Applicable to all successors and assigns Silence is Acquiescence/Agreement/Dishonor CREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF CLAIM Please provide all of the following information and submit the appropriate forms and paperwork back to me along with an Affidavit signed In Accordance with 28 U.S.C. 1746 within 30 days from the date of your receipt of this request for validation and proof of claim.\n\n1. \nAlleged Name and Address of Creditor 2.\n\nName on File of Alleged Debtor : 3.\n\nAlleged Account # : Amount of alleged debt : 5.\n\nDate that this alleged debt became/becomes payable : 6.\n\nDate of original charge off or delinquency : 7.\n\nAmount paid if debt was purchased : 8. \nPlease attach a copy of any signed agreement alleged debtor/claimant has made with debt collector, or other verifiable proof that debtor/claimant has a contractual obligation to pay debt collector. \n9. \nFurnish a copy of the original promissory note/agreement redacting my social security number to prevent identity theft and state that your client named above is the holder in due course of the note agreement and will produce the original forms for my own judges inspection should there be a trial to contest these matters. \n10. Produce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. Such as ; FR 2046 balance sheet ( XXXX # 's XXXX, XXXX, XXXX ), 1099 OID report, S-3/A registration statement, 424-B5 prospectus, RC-S & RC-B call schedules 11. Identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt. \n12. Verified specifically, name ( s ) of person ( s ) assignd as Trustee to handle Corporations affairs and to be held accountable for the actions of the Corporation. Such as CFO and subordinates responsible for debt collections.\n\n13. Verify as a third party debt collector, you have not purchased evidence of the alleged debt and are proceeding with collection activity in the name of the original maker of the note.\n\n14. Verify you know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity.\n\n15. Provide verification from the stated creditor that you are authorized to act for them.\n\n16. Verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing, which you know is false with the intention that others rely on the written communication to their detriment a violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341.\n\nDisputing the Debt,","date_sent_to_company":"2025-01-09T17:19:35.000Z","issue":"Attempts to collect debt not owed","sub_product":"Other debt","zip_code":"33313","tags":null,"has_narrative":true,"complaint_id":"11454573","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Penn Credit Corporation","date_received":"2025-01-09T17:15:52.000Z","state":"FL","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":"Debt is not yours"},"highlight":{"complaint_what_happened":["Should any provision on this agreement be found to not be <em>enforceable</em> by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become <em>enforceable</em>."]},"sort":[7.8114605,"11454573"]},{"_index":"complaint-public-v1","_id":"11454605","_score":7.7849293,"_source":{"product":"Debt collection","complaint_what_happened":"Acc # : XXXX Date open : XX/XX/year>XXXX  Acc status : collection Type of acct : debt buyer Original balance : XXXX ABSOLUTE RESOLUTIONS INVESTMENTS XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Ca XXXX NOTICE OF DISPUTE ; DEMAND FOR VALIDATION AND PROOF OF CLAIM HAS NOT BEEN MET! \nTo Whom it May Concern Your company is illegally trying to collect and is furnishing false items that violates my consumer rights and FDCPA and FCRA. Be advised that your claim is disputed. Debt validation has to be provided in accordance with the Fair Debt Collection Practices Act, 15 USC {$1600.00} and as amended by adding the following new Title 8 US {$800.00} et seq., and the Fair Credit Billing Act, 15 USC. {$1600.00} et seq. All of which work in conjunction with each other, including the Truth In Lending Act ( TILA ) 15 USC 1601 et seq. It is not now, nor has it ever been, my intention to avoid paying any alleged obligation that is lawfully owed by the Claimant. \nIn order to make arrangements to pay an obligation which may be lawfully owed, please document and verify the \" debt '' by complying, in good faith, with this request for validation and return it to me, within thirty ( 30 ) days of receipt of this letter. \nThis is was NOT a request for \" verification '' or proof of Claimant mailing address or copies of bank statements you could find, but a request for VALIDATION and PROOF OF CLAIM made pursuant to the above named Titles and Sections. I respectfully request that your offices provide Claimant with competent evidence as per the attached \" Declaration and Proof of Claim '' that I have any legal obligation to pay you the unsubstantiated alleged debt. Furthermore you shall cease all verbal communication. No phone calls to the Claimant. \nAt this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus, such as, XXXX, XXXX and XXXX prior to validation and proof of claim of the disputed debt, this action might constitute fraud under both Federal and State Laws. Due to this fact ; if any negative mark is found on any of Claimant credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for the following : - Violation of the Fair Credit Reporting Act - Violation of the Fair Debt Collection Practices Act Defamation of Character - Violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341 ( Mail Fraud ) This debt is considered to be invalid and all collection of this alleged account be stopped until I receive proper validation and your offices provide Claimant with proof of claim of the disputed debt. Your offices have 30 days to produce the required documentation in accordance with FTC guidelines. During this validation period and proof of claim, if any action is taken which could be considered detrimental to any of Claimant credit reports, said action will be considered a \" dishonor '' and cause the self-executing contract portion of this notice to be implemented. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated. \nIf your offices fail to respond to this validation and proof of claim request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from Claimant credit file and a copy of such deletion request shall be sent to Claimant immediately. \nTitle 8 USC {$800.00}. Validation of debts [ 15 USC 1692g ] ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. \nXXXXXXXX XXXX XXXX XXXXXXXX : VERIFICATION. \nConfirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition.\n\nRULING 1002 - Requirement of the original An original writing, recording, or photograph is required in order to prove its content unless these rules or a federal statute provides otherwise.\n\nCounter Claim with Self-executing Contract If Respondent, such as by commission, omission, and otherwise : ( a ) Fails to provide VALIDATION and PROOF OF CLAIM within thirty ( 30 ) days ; ( b ) Makes a false representation of the character of the herein above-referenced alleged debt ; ( c ) Makes a false representation of the legal status of the herein above-referenced alleged debt ; ( d ) Makes any threat of action that can not legally be taken, in violation of any applicable law, such as, the law codified at the Fair Debt Collection Practices Act, will be construed to be Respondent 's tacit acceptance of the terms and condition stated herein.\n\nIn which case RESPONDENT agrees to : ( e ) Voluntarily report this account to all credit bureaus as \" paid as agreed ; '' and, ( f ) Voluntarily waive all claims against Claimant, their\nAgent or Heirs with prejudice ; and, ( g ) The matter regarding the alleged debt is finally and totally settled ; and, ( h ) Voluntarily admits the Claimant is the depositor for this account, that Respondent risked none of their assets at any time regarding this account and that they failed to disclose these material facts to Claimant ; and, ( i ) Voluntarily report the date of last activity on this account is the date of this notice. \nFurthermore, RESPONDENT 'S failure to \" Cease and Desist '' in accordance with the requirements of the FDCPA and other related law, and/or satisfy the above \" terms and conditions, \" its a XXXX for each violation. \nThis is a private communication and is intended to affect an out-of-court settlement of this matter. Conduct yourself accordingly. Should any provision on this agreement be found to not be enforceable by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become enforceable. \n\" Equality under the Law is XXXX and MANDATORY by Law '' NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL Applicable to all successors and assigns Silence is Acquiescence/Agreement/Dishonor CREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF CLAIM Please provide all of the following information and submit the appropriate forms and paperwork back to me along with an Affidavit signed In Accordance with 28 U.S.C. 1746 within 30 days from the date of your receipt of this request for validation and proof of claim. \n1.\n\nAlleged Name and Address of Creditor 2.\n\nName on File of Alleged Debtor : 3.\n\nAlleged Account # : Amount of alleged debt : 5.\n\nDate that this alleged debt became/becomes payable : 6.\n\nDate of original charge off or delinquency : 7.\n\nAmount paid if debt was purchased : 8.\n\nPlease attach a copy of any signed agreement alleged debtor/claimant has made with debt collector, or other verifiable proof that debtor/claimant has a contractual obligation to pay debt collector.\n\n9.\n\nFurnish a copy of the original promissory note/agreement redacting my social security number to prevent identity theft and state that your client named above is the holder in due course of the note agreement and will produce the original forms for my own judges inspection should there be a trial to contest these matters. \n10. Produce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. Such as ; FR 2046 balance sheet ( XXXX # 's XXXX, XXXX, XXXX ), 1099 OID report, S-3/A registration statement, 424-B5 prospectus, RC-S & RC-B call schedules 11. Identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt. \n12. Verified specifically, name ( s ) of person ( s ) assignd as Trustee to handle Corporations affairs and to be held accountable for the actions of the Corporation. Such as CFO and subordinates responsible for debt collections.\n\n13. Verify as a third party debt collector, you have not purchased evidence of the alleged debt and are proceeding with collection activity in the name of the original maker of the note.\n\n14. Verify you know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity.\n\n15. Provide verification from the stated creditor that you are authorized to act for them.\n\n16. Verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing, which you know is false with the intention that others rely on the written communication to their detriment a violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341.\n\nDisputing the Debt,","date_sent_to_company":"2025-01-09T17:24:51.000Z","issue":"Attempts to collect debt not owed","sub_product":"I do not know","zip_code":"33313","tags":null,"has_narrative":true,"complaint_id":"11454605","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Absolute Resolutions Corp.","date_received":"2025-01-09T17:21:13.000Z","state":"FL","company_public_response":null,"sub_issue":"Debt is not yours"},"highlight":{"complaint_what_happened":["Should any provision on this agreement be found to not be <em>enforceable</em> by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become <em>enforceable</em>."]},"sort":[7.7849293,"11454605"]},{"_index":"complaint-public-v1","_id":"3576749","_score":7.1932,"_source":{"product":"Debt collection","complaint_what_happened":"NOTICE OF DISPUTE ; DEMAND FOR VALIDATION AND PROOF OF CLAIM To Whom it May Concern This letter is being sent to you in response to a computer generated, unsigned letter received by Claimant from your offices. Be advised that your claim is disputed and validation and proof of claim of the disputed debt is requested in accordance with the Fair Debt Collection Practices Act, 15 USC 1692 and as amended by adding the following new Title 8 USC 802 et seq., and the Fair Credit Billing Act, 15 USC. 1666 et seq. All of which work in conjunction with each other, including the Truth In Lending Act ( TILA ) 15 USC 1601 et seq. It is not now, nor has it ever been, my intention to avoid paying any obligation that is lawfully owed by the Claimant. In order to make arrangements to pay an obligation which may be lawfully owed, please document and verify the debt by complying, in good faith, with this request for validation and return it to me, within thirty ( 30 ) days of receipt of this letter. \n\nThis is NOT a request for verification or proof of Claimant mailing address, but a request for VALIDATION and PROOF OF CLAIM made pursuant to the above named Titles and Sections. I respectfully request that your offices provide Claimant with competent evidence as per the attached Declaration and Proof of Claim that I have any legal obligation to pay you the unsubstantiated alleged debt. Furthermore you shall cease all verbal communication. No phone calls to the Claimant.\n\nAt this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus, such as, XXXX, XXXX  and XXXX  prior to validation and proof of claim of the disputed debt, this action might constitute fraud under both Federal and State Laws. Due to this fact ; if any negative mark is found on any of Claimant credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character Violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341 ( Mail Fraud ) This debt is considered to be invalid until I receive proper validation and your offices provide Claimant with proof of claim of the disputed debt. Your offices have 30 days to produce the required documentation in accordance with FTC guidelines. During this validation period and proof of claim, if any action is taken which could be considered detrimental to any of Claimant credit reports, said action will be considered a dishonor and cause the self-executing contract portion of this notice to be implemented. This includes listing any information to a credit reporting repository that could be inaccurate or invalidated. \n\nIf your offices fail to respond to this validation and proof of claim request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from Claimant credit file and a copy of such deletion request shall be sent to Claimant immediately.\n\nTitle 8 USC 809. Validation of debts [ 15 USC 1692g ] ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. \nBLACKS LAW DICTIONARY : VERIFICATION. Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition. \n\n\nCounter Claim with Self-executing Contract If Respondent, such as by commission, omission, and otherwise : Fails to provide VALIDATION and PROOF OF CLAIM within thirty ( 30 ) days ; Makes a false representation of the character of the herein above-referenced alleged debt ; Makes a false representation of the legal status of the herein above-referenced alleged debt ; Makes any threat of action that can not legally be taken, in violation of any applicable law, such as, the law codified at the Fair Debt Collection Practices Act, will be construed to be Respondents tacit acceptance of the terms and condition stated herein. In which case RESPONDENT agrees to : Voluntarily report this account to all credit bureaus as paid as agreed ; and, Voluntarily waive all claims against Claimant, their Agent or Heirs with prejudice ; and, The matter regarding the alleged debt is finally and totally settled ; and, Voluntarily admits the Claimant is the depositor for this account, that Respondent risked none of their assets at any time regarding this account and that they failed to disclose these material facts to Claimant ; and, Voluntarily report the date of last activity on this account is the date of this notice. \n\nFurthermore, RESPONDENTS failure to Cease and Desist in accordance with the requirements of the FDCPA and other related law, and/or satisfy the above terms and conditions, constitutes RESPONDENTS Breach of Duty and voluntary agreement to compensate Claimant, by certified mail, with a cashiers check within thirty ( 30 ) days of the date of billing by Claimant, their Agent or Heirs, in the following amounts : One Thousand Dollars ( {$1000.00} ) for each communication made to Claimant or their Agent or Heirs, whether telephonically or in writing, which is not in affidavit form, by a person who has first hand knowledge, regarding Respondents unsubstantiated claim ; and, Fifty Thousand Dollars ( {$50000.00} ) for each transaction initiated by Claimant where Claimants commercial ability is impeded due to you, your agents or assigns adverse credit reporting ; and, Five Thousand Dollars ( {$5000.00} ) for each court appearance Claimant, their Agent or Heirs makes in response to Respondents unsubstantiated claims ; and, RESPONDENT owes Claimant the balance equal to the purported credit limit on this account, plus interest and fees, for money lent ; and, Three times the alleged claim amount of eight thousand two hundred eighty five dollars and fifty seven cents ( {$8200.00} ) which equals ( {$24000.00} ) ; and, Five Thousand Dollars ( {$5000.00} ) per occurrence, for listing or reporting any information to a credit reporting repository which could be considered detrimental to Claimants credit history ; and, Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs ; fees and expenses incurred in defending against this and any and all continued collection attempts ( by anyone ) re the above-referenced alleged account RESPONDENT also agrees to : 1. Voluntarily authorize Claimant to record a UCC-1 on RESPONDENT as debtor to secure the debt owed Claimant ; and, 2. Voluntarily prove their claim as a RESPONDENT in possession of Claimant property in a involuntary bankruptcy proceeding process ; and, 3. Voluntarily compensate Claimant for ALL costs and attorneys/consultant fees ; and, 4. Resolve ALL claims by Claimant, against Respondent, et al, exclusively and finally through binding arbitration, if necessary, to enforce the above terms, conditions, fees, penalties and damages. Arbitration replaces the right to go to court except to confirm an arbitration award. The arbitration organization that is selected will apply its code or procedure in effect at the time the arbitration is filed, subject to this agreement. The arbitration will be conducted before a single arbitrator. The arbitrators authority is limited solely to the Claims between Claimant and Respondent alone. The arbitration will not be consolidated with any other arbitration proceeding. If Claimant prevails in the arbitration of any Claim against Respondent, Respondent will reimburse Claimant for any fees Claimant paid to the arbitration organization in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive any voluntary payment of Claimants claim against Respondent, in full, or any bankruptcy by Respondent.\n\nThis is a private communication and is intended to affect an out-of-court settlement of this matter. Conduct yourself accordingly. Should any provision on this agreement be found to not be enforceable by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become enforceable.\n\nEquality under the Law is PARAMOUNT and MANDATORY by Law NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL Applicable to all successors and assigns Silence is Acquiescence/Agreement/Dishonor Executed on this _________ day of ___________________, XXXX by, __________________________________ Firstname Middlename Lastname, Agent for FIRSTNAME MIDDLE LASTNAME You are the second party that has written a letter purporting to represent, or have as your client, ORIGINAL CREDITOR, the first was not registered as a debt collector in Florida and they have not answered the debt validation request presented to them. This is Notice that I do not recognize the Respondent from which the Claimant has received a computer generated debt collection attempt, and I must necessarily dispute part, or all, of the alleged debt until the following is received ...\n\nCREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF CLAIM Please provide all of the following information and submit the appropriate forms and paperwork back to me along with an Affidavit signed In Accordance with 28 U.S.C. 1746 within 30 days from the date of your receipt of this request for validation and proof of claim.\n\nAlleged Name and Address of Creditor Name on File of Alleged Debtor : Alleged Account # : Amount of alleged debt : Date that this alleged debt became/becomes payable : Date of original charge off or delinquency : Amount paid if debt was purchased : Please attach a copy of any signed agreement alleged debtor/claimant has made with debt collector, or other verifiable proof that debtor/claimant has a contractual obligation to pay debt collector.\n\nFurnish a copy of the original promissory note/agreement redacting my social security number to prevent identity theft and state that your client named above is the holder in due course of the note agreement and will produce the original for my own and a judges inspection should there be a trial to contest these matters.\n\nProduce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. Such as ; FR 2046 balance sheet ( OMB # s 2046, 2049, 2099 ), 1099 OID report, S-3/A registration statement, 424-B5 prospectus, RC-S & RC-B call schedules Identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt.\n\nVerified specifically, name ( s ) of person ( s ) assigned as Trustee to handle Corporations affairs and to be held accountable for the actions of the Corporation. Such as CFO and subordinates responsible for debt collections.\n\nVerify as a third party debt collector, you have not purchased evidence of the alleged debt and are proceeding with collection activity in the name of the original maker of the note.\n\nVerify you know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity.\n\nProvide verification from the stated creditor that you are authorized to act for them.\n\nVerify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing, which you know is false with the intention that others rely on the written communication to their detriment a violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341.","date_sent_to_company":"2020-03-23T16:41:51.000Z","issue":"Attempts to collect debt not owed","sub_product":"I do not know","zip_code":"30076","tags":null,"has_narrative":true,"complaint_id":"3576749","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"Bread Financial Holdings, Inc.","date_received":"2020-03-23T16:41:48.000Z","state":"GA","company_public_response":null,"sub_issue":"Debt is not yours"},"highlight":{"complaint_what_happened":["Should any provision on this agreement be found to not be <em>enforceable</em> by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become <em>enforceable</em>."]},"sort":[7.1932,"3576749"]},{"_index":"complaint-public-v1","_id":"3576905","_score":7.191043,"_source":{"product":"Debt collection","complaint_what_happened":"NOTICE OF DISPUTE ; DEMAND FOR VALIDATION AND PROOF OF CLAIM To Whom it May Concern This letter is being sent to you in response to a computer generated, unsigned letter received by Claimant from your offices. Be advised that your claim is disputed and validation and proof of claim of the disputed debt is requested in accordance with the Fair Debt Collection Practices Act, 15 USC 1692 and as amended by adding the following new Title 8 USC 802 et seq., and the Fair Credit Billing Act, 15 USC. 1666 et seq. All of which work in conjunction with each other, including the Truth In Lending Act ( TILA ) 15 USC 1601 et seq. It is not now, nor has it ever been, my intention to avoid paying any obligation that is lawfully owed by the Claimant. In order to make arrangements to pay an obligation which may be lawfully owed, please document and verify the debt by complying, in good faith, with this request for validation and return it to me, within thirty ( 30 ) days of receipt of this letter.\n\nThis is NOT a request for verification or proof of Claimant mailing address, but a request for VALIDATION and PROOF OF CLAIM made pursuant to the above named Titles and Sections. I respectfully request that your offices provide Claimant with competent evidence as per the attached Declaration and Proof of Claim that I have any legal obligation to pay you the unsubstantiated alleged debt. Furthermore you shall cease all verbal communication. No phone calls to the Claimant.\n\nAt this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus, such as, XXXX, XXXX  and XXXX  prior to validation and proof of claim of the disputed debt, this action might constitute fraud under both Federal and State Laws. Due to this fact ; if any negative mark is found on any of Claimant credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character Violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341 ( Mail Fraud ) This debt is considered to be invalid until I receive proper validation and your offices provide Claimant with proof of claim of the disputed debt. Your offices have 30 days to produce the required documentation in accordance with FTC guidelines. During this validation period and proof of claim, if any action is taken which could be considered detrimental to any of Claimant credit reports, said action will be considered a dishonor and cause the self-executing contract portion of this notice to be implemented. This includes listing any information to a credit reporting repository that could be inaccurate or invalidated. \n\nIf your offices fail to respond to this validation and proof of claim request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from Claimant credit file and a copy of such deletion request shall be sent to Claimant immediately.\n\nTitle 8 USC 809. Validation of debts [ 15 USC 1692g ] ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.\n\nBLACKS LAW DICTIONARY : VERIFICATION. Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition.\n\nCounter Claim with Self-executing Contract If Respondent, such as by commission, omission, and otherwise : Fails to provide VALIDATION and PROOF OF CLAIM within thirty ( 30 ) days ; Makes a false representation of the character of the herein above-referenced alleged debt ; Makes a false representation of the legal status of the herein above-referenced alleged debt ; Makes any threat of action that can not legally be taken, in violation of any applicable law, such as, the law codified at the Fair Debt Collection Practices Act, will be construed to be Respondents tacit acceptance of the terms and condition stated herein. In which case RESPONDENT agrees to : Voluntarily report this account to all credit bureaus as paid as agreed ; and, Voluntarily waive all claims against Claimant, their Agent or Heirs with prejudice ; and, The matter regarding the alleged debt is finally and totally settled ; and, Voluntarily admits the Claimant is the depositor for this account, that Respondent risked none of their assets at any time regarding this account and that they failed to disclose these material facts to Claimant ; and, Voluntarily report the date of last activity on this account is the date of this notice. \n\nFurthermore, RESPONDENTS failure to Cease and Desist in accordance with the requirements of the FDCPA and other related law, and/or satisfy the above terms and conditions, constitutes RESPONDENTS Breach of Duty and voluntary agreement to compensate Claimant, by certified mail, with a cashiers check within thirty ( 30 ) days of the date of billing by Claimant, their Agent or Heirs, in the following amounts : XXXX XXXX Dollars ( {$1000.00} ) for each communication made to Claimant or their Agent or Heirs, whether telephonically or in writing, which is not in affidavit form, by a person who has first hand knowledge, regarding Respondents unsubstantiated claim ; and, XXXX XXXX Dollars ( {$50000.00} ) for each transaction initiated by Claimant where Claimants commercial ability is impeded due to you, your agents or assigns adverse credit reporting ; and, XXXX XXXX Dollars ( {$5000.00} ) for each court appearance Claimant, their Agent or Heirs makes in response to Respondents unsubstantiated claims ; and, RESPONDENT owes Claimant the balance equal to the purported credit limit on this account, plus interest and fees, for money lent ; and, Three times the alleged claim amount of XXXX XXXX XXXX XXXX XXXX XXXX dollars and XXXX XXXX cents ( {$8200.00} ) which equals ( {$24000.00} ) ; and, XXXX XXXX Dollars ( {$5000.00} ) per occurrence, for listing or reporting any information to a credit reporting repository which could be considered detrimental to Claimants credit history ; and, Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs ; fees and expenses incurred in defending against this and any and all continued collection attempts ( by anyone ) re the above-referenced alleged account RESPONDENT also agrees to : 1. Voluntarily authorize Claimant to record a UCC-1 on RESPONDENT as debtor to secure the debt owed Claimant ; and, 2. Voluntarily prove their claim as a RESPONDENT in possession of Claimant property in a involuntary bankruptcy proceeding process ; and, 3. Voluntarily compensate Claimant for ALL costs and attorneys/consultant fees ; and, 4. Resolve ALL claims by Claimant, against Respondent, et al, exclusively and finally through binding arbitration, if necessary, to enforce the above terms, conditions, fees, penalties and damages. Arbitration replaces the right to go to court except to confirm an arbitration award. The arbitration organization that is selected will apply its code or procedure in effect at the time the arbitration is filed, subject to this agreement. The arbitration will be conducted before a single arbitrator. The arbitrators authority is limited solely to the Claims between Claimant and Respondent alone. The arbitration will not be consolidated with any other arbitration proceeding. If Claimant prevails in the arbitration of any Claim against Respondent, Respondent will reimburse Claimant for any fees Claimant paid to the arbitration organization in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive any voluntary payment of Claimants claim against Respondent, in full, or any bankruptcy by Respondent.\n\nThis is a private communication and is intended to affect an out-of-court settlement of this matter. Conduct yourself accordingly. Should any provision on this agreement be found to not be enforceable by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become enforceable.\n\nEquality under the Law is PARAMOUNT and MANDATORY by Law NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL Applicable to all successors and assigns Silence is Acquiescence/Agreement/Dishonor You are the second party that has written a letter purporting to represent, or have as your client, ORIGINAL CREDITOR, the first was not registered as a debt collector in Florida and they have not answered the debt validation request presented to them. This is Notice that I do not recognize the Respondent from which the Claimant has received a computer generated debt collection attempt, and I must necessarily dispute part, or all, of the alleged debt until the following is received ...\n\nCREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF CLAIM Please provide all of the following information and submit the appropriate forms and paperwork back to me along with an Affidavit signed In Accordance with 28 U.S.C. 1746 within 30 days from the date of your receipt of this request for validation and proof of claim.\n\nAlleged Name and Address of Creditor Name on File of Alleged Debtor : Alleged Account # : Amount of alleged debt : Date that this alleged debt became/becomes payable : Date of original charge off or delinquency : Amount paid if debt was purchased : Please attach a copy of any signed agreement alleged debtor/claimant has made with debt collector, or other verifiable proof that debtor/claimant has a contractual obligation to pay debt collector.\n\nFurnish a copy of the original promissory note/agreement redacting my social security number to prevent identity theft and state that your client named above is the holder in due course of the note agreement and will produce the original for my own and a judges inspection should there be a trial to contest these matters.\n\nProduce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. Such as ; FR 2046 balance sheet ( OMB # s 2046, 2049, 2099 ), 1099 OID report, S-3/A registration statement, 424-B5 prospectus, RC-S & RC-B call schedules Identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt.\n\nVerified specifically, name ( s ) of person ( s ) assigned as Trustee to handle Corporations affairs and to be held accountable for the actions of the Corporation. Such as CFO and subordinates responsible for debt collections.\n\nVerify as a third party debt collector, you have not purchased evidence of the alleged debt and are proceeding with collection activity in the name of the original maker of the note.\n\nVerify you know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity.\n\nProvide verification from the stated creditor that you are authorized to act for them.\n\nVerify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing, which you know is false with the intention that others rely on the written communication to their detriment a violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341.\n\nDisputing the Debt,","date_sent_to_company":"2020-03-23T17:22:47.000Z","issue":"Attempts to collect debt not owed","sub_product":"I do not know","zip_code":"30076","tags":null,"has_narrative":true,"complaint_id":"3576905","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"Bread Financial Holdings, Inc.","date_received":"2020-03-23T17:22:43.000Z","state":"GA","company_public_response":null,"sub_issue":"Debt is not yours"},"highlight":{"complaint_what_happened":["Should any provision on this agreement be found to not be <em>enforceable</em> by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become <em>enforceable</em>."]},"sort":[7.191043,"3576905"]},{"_index":"complaint-public-v1","_id":"3577098","_score":7.1841736,"_source":{"product":"Debt collection","complaint_what_happened":"NOTICE OF DISPUTE ; DEMAND FOR VALIDATION AND PROOF OF CLAIM To Whom it May Concern This letter is being sent to you in response to a computer generated, unsigned letter  received by Claimant from your offices. Be advised that your claim is disputed and validation and proof of claim of the disputed debt is requested in accordance with the Fair Debt Collection Practices Act, 15 USC 1692 and as amended by adding the following new Title 8 USC 802 et seq., and the Fair Credit Billing Act, 15 USC. 1666 et seq. All of which work in conjunction with each other, including the Truth In Lending Act ( TILA ) 15 USC 1601 et seq. It is not now, nor has it ever been, my intention to avoid paying any obligation that is lawfully owed by the Claimant. In order to make arrangements to pay an obligation which may be lawfully owed, please document and verify the debt by complying, in good faith, with this request for validation and return it to me, within thirty ( 30 ) days of receipt of this letter. \n\nThis is NOT a request for verification or proof of Claimant mailing address, but a request for VALIDATION and PROOF OF CLAIM made pursuant to the above named Titles and Sections. I respectfully request that your offices provide Claimant with competent evidence as per the attached Declaration and Proof of Claim that I have any legal obligation to pay you the unsubstantiated alleged debt. Furthermore you shall cease all verbal communication. No phone calls to the Claimant. \n\nAt this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus, such as, XXXX, XXXX  and XXXX prior to validation and proof of claim of the disputed debt, this action might constitute fraud under both Federal and State Laws. Due to this fact ; if any negative mark is found on any of Claimant credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character Violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341 ( Mail Fraud ) This debt is considered to be invalid until I receive proper validation and your offices provide Claimant with proof of claim of the disputed debt. Your offices have 30 days to produce the required documentation in accordance with FTC guidelines. During this validation period and proof of claim, if any action is taken which could be considered detrimental to any of Claimant credit reports, said action will be considered a dishonor and cause the self-executing contract portion of this notice to be implemented. This includes listing any information to a credit reporting repository that could be inaccurate or invalidated. \n\nIf your offices fail to respond to this validation and proof of claim request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from Claimant credit file and a copy of such deletion request shall be sent to Claimant immediately.\n\nTitle 8 USC 809. Validation of debts [ 15 USC 1692g ] ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.\n\nBLACKS LAW DICTIONARY : VERIFICATION. Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition. \n\n\nCounter Claim with Self-executing Contract If Respondent, such as by commission, omission, and otherwise : Fails to provide VALIDATION and PROOF OF CLAIM within thirty ( 30 ) days ; Makes a false representation of the character of the herein above-referenced alleged debt ; Makes a false representation of the legal status of the herein above-referenced alleged debt ; Makes any threat of action that can not legally be taken, in violation of any applicable law, such as, the law codified at the Fair Debt Collection Practices Act, will be construed to be Respondents tacit acceptance of the terms and condition stated herein. In which case RESPONDENT agrees to : Voluntarily report this account to all credit bureaus as paid as agreed ; and, Voluntarily waive all claims against Claimant, their Agent or Heirs with prejudice ; and, The matter regarding the alleged debt is finally and totally settled ; and, Voluntarily admits the Claimant is the depositor for this account, that Respondent risked none of their assets at any time regarding this account and that they failed to disclose these material facts to Claimant ; and, Voluntarily report the date of last activity on this account is the date of this notice.\n\nFurthermore, RESPONDENTS failure to Cease and Desist in accordance with the requirements of the FDCPA and other related law, and/or satisfy the above terms and conditions, constitutes RESPONDENTS Breach of Duty and voluntary agreement to compensate Claimant, by certified mail, with a cashiers check within thirty ( 30 ) days of the date of billing by Claimant, their Agent or Heirs, in the following amounts : XXXX XXXX Dollars ( {$1000.00} ) for each communication made to Claimant or their Agent or Heirs, whether telephonically or in writing, which is not in affidavit form, by a person who has first hand knowledge, regarding Respondents unsubstantiated claim ; and, XXXX XXXX Dollars ( {$50000.00} ) for each transaction initiated by Claimant where Claimants commercial ability is impeded due to you, your agents or assigns adverse credit reporting ; and, XXXX XXXX Dollars ( {$5000.00} ) for each court appearance Claimant, their Agent or Heirs makes in response to Respondents unsubstantiated claims ; and, RESPONDENT owes Claimant the balance equal to the purported credit limit on this account, plus interest and fees, for money lent ; and, Three times the alleged claim amount of XXXX XXXX XXXX XXXX XXXX XXXX dollars and XXXX XXXX cents ( {$8200.00} ) which equals ( {$24000.00} ) ; and, XXXX XXXX Dollars ( {$5000.00} ) per occurrence, for listing or reporting any information to a credit reporting repository which could be considered detrimental to Claimants credit history ; and, Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs ; fees and expenses incurred in defending against this and any and all continued collection attempts ( by anyone ) re the above-referenced alleged account RESPONDENT also agrees to : 1. Voluntarily authorize Claimant to record a UCC-1 on RESPONDENT as debtor to secure the debt owed Claimant ; and, 2. Voluntarily prove their claim as a RESPONDENT in possession of Claimant property in a involuntary bankruptcy proceeding process ; and, 3. Voluntarily compensate Claimant for ALL costs and attorneys/consultant fees ; and, 4. Resolve ALL claims by Claimant, against Respondent, et al, exclusively and finally through binding arbitration, if necessary, to enforce the above terms, conditions, fees, penalties and damages. Arbitration replaces the right to go to court except to confirm an arbitration award. The arbitration organization that is selected will apply its code or procedure in effect at the time the arbitration is filed, subject to this agreement. The arbitration will be conducted before a single arbitrator. The arbitrators authority is limited solely to the Claims between Claimant and Respondent alone. The arbitration will not be consolidated with any other arbitration proceeding. If Claimant prevails in the arbitration of any Claim against Respondent, Respondent will reimburse Claimant for any fees Claimant paid to the arbitration organization in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive any voluntary payment of Claimants claim against Respondent, in full, or any bankruptcy by Respondent.\n\nThis is a private communication and is intended to affect an out-of-court settlement of this matter. Conduct yourself accordingly. Should any provision on this agreement be found to not be enforceable by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become enforceable. \n\nEquality under the Law is PARAMOUNT and MANDATORY by Law NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL Applicable to all successors and assigns Silence is Acquiescence/Agreement/Dishonor Executed on this _________ day of ___________________, XXXX by, __________________________________ Firstname Middlename Lastname, Agent for FIRSTNAME MIDDLE LASTNAME You are the second party that has written a letter purporting to represent, or have as your client, ORIGINAL CREDITOR, the first was not registered as a debt collector in Florida and they have not answered the debt validation request presented to them. This is Notice that I do not recognize the Respondent from which the Claimant has received a computer generated debt collection attempt, and I must necessarily dispute part, or all, of the alleged debt until the following is received ...\n\nCREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF CLAIM Please provide all of the following information and submit the appropriate forms and paperwork back to me along with an Affidavit signed In Accordance with 28 U.S.C. 1746 within 30 days from the date of your receipt of this request for validation and proof of claim.\n\nAlleged Name and Address of Creditor Name on File of Alleged Debtor : Alleged Account # : Amount of alleged debt : Date that this alleged debt became/becomes payable : Date of original charge off or delinquency : Amount paid if debt was purchased : Please attach a copy of any signed agreement alleged debtor/claimant has made with debt collector, or other verifiable proof that debtor/claimant has a contractual obligation to pay debt collector.\n\nFurnish a copy of the original promissory note/agreement redacting my social security number to prevent identity theft and state that your client named above is the holder in due course of the note agreement and will produce the original for my own and a judges inspection should there be a trial to contest these matters.\n\nProduce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. Such as ; FR 2046 balance sheet ( OMB # s 2046, 2049, 2099 ), 1099 OID report, S-3/A registration statement, 424-B5 prospectus, RC-S & RC-B call schedules Identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt.\n\nVerified specifically, name ( s ) of person ( s ) assigned as Trustee to handle Corporations affairs and to be held accountable for the actions of the Corporation. Such as CFO and subordinates responsible for debt collections.\n\nVerify as a third party debt collector, you have not purchased evidence of the alleged debt and are proceeding with collection activity in the name of the original maker of the note.\n\nVerify you know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity.\n\nProvide verification from the stated creditor that you are authorized to act for them.\n\nVerify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing, which you know is false with the intention that others rely on the written communication to their detriment a violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341.","date_sent_to_company":"2020-03-23T16:41:43.000Z","issue":"Attempts to collect debt not owed","sub_product":"I do not know","zip_code":"30076","tags":null,"has_narrative":true,"complaint_id":"3577098","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"Portfolio Recovery Associates, LLC","date_received":"2020-03-23T16:25:00.000Z","state":"GA","company_public_response":null,"sub_issue":"Debt is not yours"},"highlight":{"complaint_what_happened":["Should any provision on this agreement be found to not be <em>enforceable</em> by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become <em>enforceable</em>."]},"sort":[7.1841736,"3577098"]},{"_index":"complaint-public-v1","_id":"3576826","_score":7.1841736,"_source":{"product":"Debt collection","complaint_what_happened":"NOTICE OF DISPUTE ; DEMAND FOR VALIDATION AND PROOF OF CLAIM To Whom it May Concern This letter is being sent to you in response to a computer generated, unsigned letter received by Claimant from your offices. Be advised that your claim is disputed and validation and proof of claim of the disputed debt is requested in accordance with the Fair Debt Collection Practices Act, 15 USC 1692 and as amended by adding the following new Title 8 USC 802 et seq., and the Fair Credit Billing Act, 15 USC. 1666 et seq. All of which work in conjunction with each other, including the Truth In Lending Act ( TILA ) 15 USC 1601 et seq. It is not now, nor has it ever been, my intention to avoid paying any obligation that is lawfully owed by the Claimant. In order to make arrangements to pay an obligation which may be lawfully owed, please document and verify the debt by complying, in good faith, with this request for validation and return it to me, within thirty ( 30 ) days of receipt of this letter. \n\nThis is NOT a request for verification or proof of Claimant mailing address, but a request for VALIDATION and PROOF OF CLAIM made pursuant to the above named Titles and Sections. I respectfully request that your offices provide Claimant with competent evidence as per the attached Declaration and Proof of Claim that I have any legal obligation to pay you the unsubstantiated alleged debt. Furthermore you shall cease all verbal communication. No phone calls to the Claimant. \n\nAt this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus, such as, XXXX XXXX and XXXX prior to validation and proof of claim of the disputed debt, this action might constitute fraud under both Federal and State Laws. Due to this fact ; if any negative mark is found on any of Claimant credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character Violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341 ( Mail Fraud ) This debt is considered to be invalid until I receive proper validation and your offices provide Claimant with proof of claim of the disputed debt. Your offices have 30 days to produce the required documentation in accordance with FTC guidelines. During this validation period and proof of claim, if any action is taken which could be considered detrimental to any of Claimant credit reports, said action will be considered a dishonor and cause the self-executing contract portion of this notice to be implemented. This includes listing any information to a credit reporting repository that could be inaccurate or invalidated. \n\nIf your offices fail to respond to this validation and proof of claim request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from Claimant credit file and a copy of such deletion request shall be sent to Claimant immediately. \n\nTitle 8 USC 809. Validation of debts [ 15 USC 1692g ] ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. \nBLACKS LAW DICTIONARY : VERIFICATION. Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition. \n\n\nCounter Claim with Self-executing Contract If Respondent, such as by commission, omission, and otherwise : Fails to provide VALIDATION and PROOF OF CLAIM within thirty ( 30 ) days ; Makes a false representation of the character of the herein above-referenced alleged debt ; Makes a false representation of the legal status of the herein above-referenced alleged debt ; Makes any threat of action that can not legally be taken, in violation of any applicable law, such as, the law codified at the Fair Debt Collection Practices Act, will be construed to be Respondents tacit acceptance of the terms and condition stated herein. In which case RESPONDENT agrees to : Voluntarily report this account to all credit bureaus as paid as agreed ; and, Voluntarily waive all claims against Claimant, their Agent or Heirs with prejudice ; and, The matter regarding the alleged debt is finally and totally settled ; and, Voluntarily admits the Claimant is the depositor for this account, that Respondent risked none of their assets at any time regarding this account and that they failed to disclose these material facts to Claimant ; and, Voluntarily report the date of last activity on this account is the date of this notice. \n\nFurthermore, RESPONDENTS failure to Cease and Desist in accordance with the requirements of the FDCPA and other related law, and/or satisfy the above terms and conditions, constitutes RESPONDENTS Breach of Duty and voluntary agreement to compensate Claimant, by certified mail, with a cashiers check within thirty ( 30 ) days of the date of billing by Claimant, their Agent or Heirs, in the following amounts : XXXX XXXX Dollars ( {$1000.00} ) for each communication made to Claimant or their Agent or Heirs, whether telephonically or in writing, which is not in affidavit form, by a person who has first hand knowledge, regarding Respondents unsubstantiated claim ; and, XXXX XXXX Dollars ( {$50000.00} ) for each transaction initiated by Claimant where Claimants commercial ability is impeded due to you, your agents or assigns adverse credit reporting ; and, XXXX XXXX Dollars ( {$5000.00} ) for each court appearance Claimant, their Agent or Heirs makes in response to Respondents unsubstantiated claims ; and, RESPONDENT owes Claimant the balance equal to the purported credit limit on this account, plus interest and fees, for money lent ; and, Three times the alleged claim amount of XXXX XXXX XXXX XXXX XXXX XXXX dollars and XXXX XXXX cents ( {$8200.00} ) which equals ( {$24000.00} ) ; and, XXXX XXXX Dollars ( {$5000.00} ) per occurrence, for listing or reporting any information to a credit reporting repository which could be considered detrimental to Claimants credit history ; and, Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs ; fees and expenses incurred in defending against this and any and all continued collection attempts ( by anyone ) re the above-referenced alleged account RESPONDENT also agrees to : 1. Voluntarily authorize Claimant to record a UCC-1 on RESPONDENT as debtor to secure the debt owed Claimant ; and, 2. Voluntarily prove their claim as a RESPONDENT in possession of Claimant property in a involuntary bankruptcy proceeding process ; and, 3. Voluntarily compensate Claimant for ALL costs and attorneys/consultant fees ; and, 4. Resolve ALL claims by Claimant, against Respondent, et al, exclusively and finally through binding arbitration, if necessary, to enforce the above terms, conditions, fees, penalties and damages. Arbitration replaces the right to go to court except to confirm an arbitration award. The arbitration organization that is selected will apply its code or procedure in effect at the time the arbitration is filed, subject to this agreement. The arbitration will be conducted before a single arbitrator. The arbitrators authority is limited solely to the Claims between Claimant and Respondent alone. The arbitration will not be consolidated with any other arbitration proceeding. If Claimant prevails in the arbitration of any Claim against Respondent, Respondent will reimburse Claimant for any fees Claimant paid to the arbitration organization in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive any voluntary payment of Claimants claim against Respondent, in full, or any bankruptcy by Respondent. \n\nThis is a private communication and is intended to affect an out-of-court settlement of this matter. Conduct yourself accordingly. Should any provision on this agreement be found to not be enforceable by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become enforceable. \n\nEquality under the Law is PARAMOUNT and MANDATORY by Law NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL Applicable to all successors and assigns Silence is Acquiescence/Agreement/Dishonor You are the second party that has written a letter purporting to represent, or have as your client, ORIGINAL CREDITOR, the first was not registered as a debt collector in Florida and they have not answered the debt validation request presented to them. This is Notice that I do not recognize the Respondent from which the Claimant has received a computer generated debt collection attempt, and I must necessarily dispute part, or all, of the alleged debt until the following is received ... \nCREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF CLAIM Please provide all of the following information and submit the appropriate forms and paperwork back to me along with an Affidavit signed In Accordance with 28 U.S.C. 1746 within 30 days from the date of your receipt of this request for validation and proof of claim. \nAlleged Name and Address of Creditor Name on File of Alleged Debtor : Alleged Account # : Amount of alleged debt : Date that this alleged debt became/becomes payable : Date of original charge off or delinquency : Amount paid if debt was purchased : Please attach a copy of any signed agreement alleged debtor/claimant has made with debt collector, or other verifiable proof that debtor/claimant has a contractual obligation to pay debt collector. \nFurnish a copy of the original promissory note/agreement redacting my social security number to prevent identity theft and state that your client named above is the holder in due course of the note agreement and will produce the original for my own and a judges inspection should there be a trial to contest these matters. \nProduce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. Such as ; FR 2046 balance sheet ( OMB # s 2046, 2049, 2099 ), 1099 OID report, S-3/A registration statement, 424-B5 prospectus, RC-S & RC-B call schedules Identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt. \n\nVerified specifically, name ( s ) of person ( s ) assigned as Trustee to handle Corporations affairs and to be held accountable for the actions of the Corporation. Such as CFO and subordinates responsible for debt collections. \nVerify as a third party debt collector, you have not purchased evidence of the alleged debt and are proceeding with collection activity in the name of the original maker of the note. \nVerify you know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity. \nProvide verification from the stated creditor that you are authorized to act for them. \nVerify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing, which you know is false with the intention that others rely on the written communication to their detriment a violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341.","date_sent_to_company":"2020-03-23T16:52:48.000Z","issue":"Attempts to collect debt not owed","sub_product":"I do not know","zip_code":"30076","tags":null,"has_narrative":true,"complaint_id":"3576826","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"ENCORE CAPITAL GROUP INC.","date_received":"2020-03-23T16:43:20.000Z","state":"GA","company_public_response":null,"sub_issue":"Debt is not yours"},"highlight":{"complaint_what_happened":["Should any provision on this agreement be found to not be <em>enforceable</em> by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become <em>enforceable</em>."]},"sort":[7.1841736,"3576826"]},{"_index":"complaint-public-v1","_id":"3351109","_score":7.1841736,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"This letter is being sent to you in response to a computer generated, unsigned letter dated XX/XX/XXXX (XXXX), letter received by Claimant from your offices. Be advised that your claim is disputed and validation and proof of claim of the disputed debt is requested in accordance with the Fair Debt Collection Practices Act, 15 USC § 1692 and as amended by adding the following new Title 8 USC § 802 et seq., and the Fair Credit Billing Act, 15 USC. § 1666 et seq. All of which work in conjunction with each other, including the Truth In Lending Act (TILA) 15 USC 1601 et seq. It is not now, nor has it ever been, my intention to avoid paying any obligation that is lawfully owed by the Claimant. In order to make arrangements to pay an obligation which may be lawfully owed, please document and verify the “debt” by complying, in good faith, with this request for validation and return it to me, within thirty (30) days of receipt of this letter.\nThis is NOT a request for “verification” or proof of Claimant mailing address, but a request for VALIDATION and PROOF OF CLAIM made pursuant to the above named Titles and Sections. I respectfully request that your offices provide Claimant with competent evidence as per the attached “Declaration and Proof of Claim” that I have any legal obligation to pay you the unsubstantiated alleged debt. Furthermore you shall cease all verbal communication. No phone calls to the Claimant.\nAt this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus, such as, XXXX, XXXX and XXXX  prior to validation and proof of claim of the disputed debt, this action might constitute fraud under both Federal and State Laws. Due to this fact; if any negative mark is found on any of Claimant credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for the following:\n– Violation of the Fair Credit Reporting Act\n– Violation of the Fair Debt Collection Practices Act\n– Defamation of Character\n– Violation of United States Code TITLE 18 PART 1 CHAPTER 63 § 1341 (Mail Fraud)\nThis debt is considered to be invalid until I receive proper validation and your offices provide Claimant with proof of claim of the disputed debt. Your offices have 30 days to produce the required documentation in accordance with FTC guidelines. During this validation period and proof of claim, if any action is taken which could be considered detrimental to any of Claimant credit reports, said action will be considered a “dishonor” and cause the self-executing contract portion of this notice to be implemented. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated.\nIf your offices fail to respond to this validation and proof of claim request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from Claimant credit file and a copy of such deletion request shall be sent to Claimant immediately.\nTitle 8 USC § 809. Validation of debts [15 USC 1692g]\n(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of\nDebt Validation Proof of Claim\nthe debt or any 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.\nXXXX XXXX XXXX:\nVERIFICATION. Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition.\nCounter Claim with Self-executing Contract\nIf Respondent, such as by commission, omission, and otherwise:\n(a) Fails to provide VALIDATION and PROOF OF CLAIM within thirty (30) days;\n(b) Makes a false representation of the character of the herein above-referenced alleged debt;\n(c) Makes a false representation of the legal status of the herein above-referenced alleged debt;\n(d) Makes any threat of action that cannot legally be taken, in violation of any applicable law, such as, the law codified at the Fair Debt Collection Practices Act,\nwill be construed to be Respondent’s tacit acceptance of the terms and condition stated herein. In which case RESPONDENT agrees to:\n(e) Voluntarily report this account to all credit bureaus as “paid as agreed;” and,\n(f) Voluntarily waive all claims against Claimant, their Agent or Heirs with prejudice; and,\n(g) The matter regarding the alleged debt is finally and totally settled; and,\n(h) Voluntarily admits the Claimant is the depositor for this account, that Respondent risked none of their assets at\nany time regarding this account and that they failed to disclose these material facts to Claimant; and,\n(i) Voluntarily report the date of last activity on this account is the date of this notice.\nFurthermore,\nrelated law, and/or satisfy the above “terms and conditions,” constitutes RESPONDENT’S “Breach of Duty” and voluntary agreement to compensate Claimant, by certified mail, with a cashier’s check within thirty (30) days of the date of billing by Claimant, their Agent or Heirs, in the following amounts:\nI) XXXX XXXX Dollars ($XXXX) for each communication made to Claimant or their Agent or Heirs, whether telephonically or in writing, which is not in affidavit form, by a person who has first hand knowledge, regarding Respondent’s unsubstantiated claim; and,\nII) XXXX XXXX  Dollars ($XXXX) for each transaction initiated by Claimant where Claimant’s commercial ability is impeded due to you, your agents’ or assigns adverse credit reporting; and,\nIII) XXXX XXXX Dollars ($XXXX) for each court appearance Claimant, their Agent or Heirs makes in response to Respondent’s unsubstantiated claims; and,\nIV) RESPONDENT owes Claimant the balance equal to the purported credit limit on this account, plus interest and fees, for money lent; and,\nV) Three times the alleged claim amount of XXXX XXXX XXXX XXXX XXXX XXXX XXXX dollars ($XXXX) which equals ($XXXX); and,\nVI) XXXX XXXX Dollars ($XXXX) per occurrence, for listing or reporting any information to a credit reporting repository which could be considered detrimental to Claimant’s credit history; and,\nVII) Punitive damages in the amount of ($XXXX); and\nVIII)Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs; fees and expenses incurred in defending against this and any and all continued collection attempts (by anyone) re the above- referenced alleged account\nRESPONDENT also agrees to:\n1. Voluntarily authorize Claimant to record a UCC-1 on RESPONDENT as debtor to secure the debt owed Claimant; and,\n2. Voluntarily prove their claim as a RESPONDENT in possession of Claimant property in a involuntary bankruptcy proceeding process; and,\n3. Voluntarily compensate Claimant for ALL costs and attorneys/consultant fees; and,\nRESPONDENT’S failure to “Cease and Desist” in accordance with the requirements of the FDCPA and other\nDebt Validation Proof of Claim\n4. Resolve ALL claims by Claimant, against Respondent, et al, exclusively and finally through binding arbitration, if necessary, to enforce the above terms, conditions, fees, penalties and damages. Arbitration replaces the right to go to court except to confirm an arbitration award. The arbitration organization that is selected will apply its code or procedure in effect at the time the arbitration is filed, subject to this agreement. The arbitration will be conducted before a single arbitrator. The arbitrator’s authority is limited solely to the Claims between Claimant and Respondent alone. The arbitration will not be consolidated with any other arbitration proceeding. If Claimant prevails in the arbitration of any Claim against Respondent, Respondent will reimburse Claimant for any fees Claimant paid to the arbitration organization in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive any voluntary payment of Claimant’s claim against Respondent, in full, or any bankruptcy by Respondent.\nThis is a private communication and is intended to affect an out-of-court settlement of this matter. Conduct yourself accordingly. Should any provision on this agreement be found to not be enforceable by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become enforceable.\n“Equality under the Law is PARAMOUNT and MANDATORY by Law”\nNOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL Applicable to all successors and assigns\nSilence is Acquiescence/Agreement/Dishonor\nExecuted on this XX/XX/XXXX by, XXXX XXXX Agent for\nXXXX XXXX. You are the second party that has written a letter purporting to represent, or have as your client, Chexsystem and or XXXX XXXX, the first was not registered as a debt collector in Maine and they have not answered the debt validation request presented from my client. This is Notice that I do not recognize the Respondent from which the Claimant has received a computer generated debt collection attempt letter and or document, and is my duties to represent my client and make sure that my client is not violated of their consumer rights. I am sending this letter in regards to disputing part, or all, of the alleged debt until the following is received...\nCREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF CLAIM, any original documents bearing wet signatures of my client.\nPlease provide all of the following information and submit the appropriate forms and paperwork back to me along with an Affidavit signed In Accordance with 28 U.S.C. § 1746 within 30 days from the date of your receipt of this request for validation and proof of claim.\n1. Alleged Name and Address of Creditor\n2. Name on File of Alleged Debtor:\n3. Alleged Account #:\n4. Amount of alleged debt:\n5. Date that this alleged debt became/becomes payable: \n6. Date of original charge off or delinquency: \n7. Amount paid if debt was purchased: \n8. Please attach a copy of any signed agreement alleged debtor/claimant has made with debt collector, or other verifiable proof that debtor/claimant has a contractual obligation to pay debt collector.\n9. Furnish a copy of the original promissory note/agreement redacting my social security number to prevent identity theft and state that your client named above is the holder in due course of the note agreement and will produce the original for my own and a judge’s inspection should there be a trial to contest these matters.\n   Debt Validation Proof of Claim\n10. Produce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. Such as; FR 2046 balance sheet (OMB #’s 2046, 2049, 2099), 1099 OID report, S-3/A registration statement, 424-B5 prospectus, RC-S & RC-B call schedules\n\n11. Identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt.\n12. Verified specifically, name(s) of person(s) assigned as Trustee to handle Corporations affairs and to be held accountable for the actions of the Corporation. Such as CFO and subordinates responsible for debt collections.\n13. Verify as a third party debt collector, you have not purchased evidence of the alleged debt and are proceeding with collection activity in the name of the original maker of the note.\n14. Verify you know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity.\n15. Provide verification from the stated creditor that you are authorized to act for them.\n16. Verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing, which you know is false with the intention that others rely on the written communication to their detriment a violation of United States Code TITLE 18 PART 1 CHAPTER 63 § 1341.\nDisputing the Debt,\nDated this XX/XX/XXXX.\nBy: XXXX XXXX","date_sent_to_company":"2019-08-23T18:53:12.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"30350","tags":null,"has_narrative":true,"complaint_id":"3351109","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Fidelity National Information Services, Inc. (FNIS)","date_received":"2019-08-23T02:23:31.000Z","state":"GA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Information belongs to someone else"},"highlight":{"complaint_what_happened":["Should any provision on this agreement be found to not be <em>enforceable</em> by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become <em>enforceable</em>."]},"sort":[7.1841736,"3351109"]},{"_index":"complaint-public-v1","_id":"3577112","_score":7.174699,"_source":{"product":"Debt collection","complaint_what_happened":"NOTICE OF DISPUTE ; DEMAND FOR VALIDATION AND PROOF OF CLAIM To Whom it May Concern This letter is being sent to you in response to a computer generated, unsigned letter received by Claimant from your offices. Be advised that your claim is disputed and validation and proof of claim of the disputed debt is requested in accordance with the Fair Debt Collection Practices Act, 15 USC 1692 and as amended by adding the following new Title 8 USC 802 et seq., and the Fair Credit Billing Act, 15 USC. 1666 et seq. All of which work in conjunction with each other, including the Truth In Lending Act ( TILA ) 15 USC 1601 et seq. It is not now, nor has it ever been, my intention to avoid paying any obligation that is lawfully owed by the Claimant. In order to make arrangements to pay an obligation which may be lawfully owed, please document and verify the debt by complying, in good faith, with this request for validation and return it to me, within thirty ( 30 ) days of receipt of this letter.\n\nThis is NOT a request for verification or proof of Claimant mailing address, but a request for VALIDATION and PROOF OF CLAIM made pursuant to the above named Titles and Sections. I respectfully request that your offices provide Claimant with competent evidence as per the attached Declaration and Proof of Claim that I have any legal obligation to pay you the unsubstantiated alleged debt. Furthermore you shall cease all verbal communication. No phone calls to the Claimant.\n\nAt this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus, such as, XXXX, XXXX and XXXX  prior to validation and proof of claim of the disputed debt, this action might constitute fraud under both Federal and State Laws. Due to this fact ; if any negative mark is found on any of Claimant credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character Violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341 ( Mail Fraud ) This debt is considered to be invalid until I receive proper validation and your offices provide Claimant with proof of claim of the disputed debt. Your offices have 30 days to produce the required documentation in accordance with FTC guidelines. During this validation period and proof of claim, if any action is taken which could be considered detrimental to any of Claimant credit reports, said action will be considered a dishonor and cause the self-executing contract portion of this notice to be implemented. This includes listing any information to a credit reporting repository that could be inaccurate or invalidated.\n\nIf your offices fail to respond to this validation and proof of claim request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from Claimant credit file and a copy of such deletion request shall be sent to Claimant immediately.\n\nTitle 8 USC 809. Validation of debts [ 15 USC 1692g ] ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.\n\nBLACKS LAW DICTIONARY : VERIFICATION. Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition.\n\nCounter Claim with Self-executing Contract If Respondent, such as by commission, omission, and otherwise : Fails to provide VALIDATION and PROOF OF CLAIM within thirty ( 30 ) days ; Makes a false representation of the character of the herein above-referenced alleged debt ; Makes a false representation of the legal status of the herein above-referenced alleged debt ; Makes any threat of action that can not legally be taken, in violation of any applicable law, such as, the law codified at the Fair Debt Collection Practices Act, will be construed to be Respondents tacit acceptance of the terms and condition stated herein. In which case RESPONDENT agrees to : Voluntarily report this account to all credit bureaus as paid as agreed ; and, Voluntarily waive all claims against Claimant, their Agent or Heirs with prejudice ; and, The matter regarding the alleged debt is finally and totally settled ; and, Voluntarily admits the Claimant is the depositor for this account, that Respondent risked none of their assets at any time regarding this account and that they failed to disclose these material facts to Claimant ; and, Voluntarily report the date of last activity on this account is the date of this notice.\n\nFurthermore, RESPONDENTS failure to Cease and Desist in accordance with the requirements of the FDCPA and other related law, and/or satisfy the above terms and conditions, constitutes RESPONDENTS Breach of Duty and voluntary agreement to compensate Claimant, by certified mail, with a cashiers check within thirty ( 30 ) days of the date of billing by Claimant, their Agent or Heirs, in the following amounts : XXXX XXXX Dollars ( {$1000.00} ) for each communication made to Claimant or their Agent or Heirs, whether telephonically or in writing, which is not in affidavit form, by a person who has first hand knowledge, regarding Respondents unsubstantiated claim ; and, XXXX XXXX Dollars ( {$50000.00} ) for each transaction initiated by Claimant where Claimants commercial ability is impeded due to you, your agents or assigns adverse credit reporting ; and, XXXX XXXX Dollars ( {$5000.00} ) for each court appearance Claimant, their Agent or Heirs makes in response to Respondents unsubstantiated claims ; and, RESPONDENT owes Claimant the balance equal to the purported credit limit on this account, plus interest and fees, for money lent ; and, Three times the alleged claim amount of XXXX XXXX XXXX XXXX XXXX XXXX dollars and XXXX XXXX cents ( {$8200.00} ) which equals ( {$24000.00} ) ; and, XXXX XXXX Dollars ( {$5000.00} ) per occurrence, for listing or reporting any information to a credit reporting repository which could be considered detrimental to Claimants credit history ; and, Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs ; fees and expenses incurred in defending against this and any and all continued collection attempts ( by anyone ) re the above-referenced alleged account RESPONDENT also agrees to : 1. Voluntarily authorize Claimant to record a UCC-1 on RESPONDENT as debtor to secure the debt owed Claimant ; and, 2. Voluntarily prove their claim as a RESPONDENT in possession of Claimant property in a involuntary bankruptcy proceeding process ; and, 3. Voluntarily compensate Claimant for ALL costs and attorneys/consultant fees ; and, 4. Resolve ALL claims by Claimant, against Respondent, et al, exclusively and finally through binding arbitration, if necessary, to enforce the above terms, conditions, fees, penalties and damages. Arbitration replaces the right to go to court except to confirm an arbitration award. The arbitration organization that is selected will apply its code or procedure in effect at the time the arbitration is filed, subject to this agreement. The arbitration will be conducted before a single arbitrator. The arbitrators authority is limited solely to the Claims between Claimant and Respondent alone. The arbitration will not be consolidated with any other arbitration proceeding. If Claimant prevails in the arbitration of any Claim against Respondent, Respondent will reimburse Claimant for any fees Claimant paid to the arbitration organization in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive any voluntary payment of Claimants claim against Respondent, in full, or any bankruptcy by Respondent.\n\nThis is a private communication and is intended to affect an out-of-court settlement of this matter. Conduct yourself accordingly. Should any provision on this agreement be found to not be enforceable by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become enforceable.\n\nEquality under the Law is PARAMOUNT and MANDATORY by Law NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL Applicable to all successors and assigns Silence is Acquiescence/Agreement/Dishonor You are the second party that has written a letter purporting to represent, or have as your client, ORIGINAL CREDITOR, the first was not registered as a debt collector in Florida and they have not answered the debt validation request presented to them. This is Notice that I do not recognize the Respondent from which the Claimant has received a computer generated debt collection attempt, and I must necessarily dispute part, or all, of the alleged debt until the following is received ...\n\nCREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF CLAIM Please provide all of the following information and submit the appropriate forms and paperwork back to me along with an Affidavit signed In Accordance with 28 U.S.C. 1746 within 30 days from the date of your receipt of this request for validation and proof of claim.\n\nAlleged Name and Address of Creditor Name on File of Alleged Debtor : Alleged Account # : Amount of alleged debt : Date that this alleged debt became/becomes payable : Date of original charge off or delinquency : Amount paid if debt was purchased : Please attach a copy of any signed agreement alleged debtor/claimant has made with debt collector, or other verifiable proof that debtor/claimant has a contractual obligation to pay debt collector.\n\nFurnish a copy of the original promissory note/agreement redacting my social security number to prevent identity theft and state that your client named above is the holder in due course of the note agreement and will produce the original for my own and a judges inspection should there be a trial to contest these matters.\n\nProduce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. Such as ; FR 2046 balance sheet ( OMB # s 2046, 2049, 2099 ), 1099 OID report, S-3/A registration statement, 424-B5 prospectus, RC-S & RC-B call schedules Identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt.\n\nVerified specifically, name ( s ) of person ( s ) assigned as Trustee to handle Corporations affairs and to be held accountable for the actions of the Corporation. Such as CFO and subordinates responsible for debt collections.\n\nVerify as a third party debt collector, you have not purchased evidence of the alleged debt and are proceeding with collection activity in the name of the original maker of the note.\n\nVerify you know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity.\n\nProvide verification from the stated creditor that you are authorized to act for them.\n\nVerify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing, which you know is false with the intention that others rely on the written communication to their detriment a violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341.\n\nDisputing the Debt,","date_sent_to_company":"2020-03-23T17:22:39.000Z","issue":"Attempts to collect debt not owed","sub_product":"I do not know","zip_code":"30076","tags":null,"has_narrative":true,"complaint_id":"3577112","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Resurgent Capital Services L.P.","date_received":"2020-03-23T17:16:52.000Z","state":"GA","company_public_response":null,"sub_issue":"Debt is not yours"},"highlight":{"complaint_what_happened":["Should any provision on this agreement be found to not be <em>enforceable</em> by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become <em>enforceable</em>."]},"sort":[7.174699,"3577112"]},{"_index":"complaint-public-v1","_id":"3577275","_score":7.161123,"_source":{"product":"Debt collection","complaint_what_happened":"NOTICE OF DISPUTE ; DEMAND FOR VALIDATION AND PROOF OF CLAIM To Whom it May Concern This letter is being sent to you in response to a computer generated, unsigned letter received by Claimant from your offices. Be advised that your claim is disputed and validation and proof of claim of t\n\nhe disputed debt is requested in accordance with the Fair Debt Collection Practices Act, 15 USC 1692 and as amended by adding the following new Title 8 USC 802 et seq., and the Fair Credit Billing Act, 15 USC. 1666 et seq. All of which work in conjunction with each other, including the Truth In Lending Act ( TILA ) 15 USC 1601 et seq. It is not now, nor has it ever been, my intention to avoid paying any obligation that is lawfully owed by the Claimant. In order to make arrangements to pay an obligation which may be lawfully owed, please document and verify the debt by complying, in good faith, with this request for validation and return it to me, within thirty ( 30 ) days of receipt of this letter. This is NOT a request for verification or proof of Claimant mailing address, but a request for VALIDATION and PROOF OF CLAIM made pursuant to the above named Titles and Sections. I respectfully request that your offices provide Claimant with competent evidence as per the attached Declaration and Proof of Claim that I have any legal obligation to pay you the unsubstantiated alleged debt. Furthermore you shall cease all verbal communication. No phone calls to the Claimant. \n\nAt this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus, such as, XXXX, XXXX and XXXX prior to validation and proof of claim of the disputed debt, this action might constitute fraud under both Federal and State Laws. Due to this fact ; if any negative mark is found on any of Claimant credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character Violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341 ( Mail Fraud ) This debt is considered to be invalid until I receive proper validation and your offices provide Claimant with proof of claim of the disputed debt. Your offices have 30 days to produce the required documentation in accordance with FTC guidelines. During this validation period and proof of claim, if any action is taken which could be considered detrimental to any of Claimant credit reports, said action will be considered a dishonor and cause the self-executing contract portion of this notice to be implemented. This includes listing any information to a credit reporting repository that could be inaccurate or invalidated.\n\nIf your offices fail to respond to this validation and proof of claim request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from Claimant credit file and a copy of such deletion request shall be sent to Claimant immediately.\n\nTitle 8 USC 809. Validation of debts [ 15 USC 1692g ] ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. \nBLACKS LAW DICTIONARY : VERIFICATION. Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition. \n\n\nCounter Claim with Self-executing Contract If Respondent, such as by commission, omission, and otherwise : Fails to provide VALIDATION and PROOF OF CLAIM within thirty ( 30 ) days ; Makes a false representation of the character of the  herein above-referenced alleged debt ; Makes a false representation of the legal status of the herein above-referenced alleged debt ; Makes any threat of action that can not legally be taken, in violation of any applicable law, such as, the law codified at the Fair Debt Collection Practices Act, will be construed to be Respondents tacit acceptance of the terms and condition stated herein. In which case RESPONDENT agrees to : Voluntarily report this account to all credit bureaus as paid as agreed ; and, Voluntarily waive all claims against Claimant, their Agent or Heirs with prejudice ; and, The matter regarding the alleged debt is finally and totally settled ; and, Voluntarily admits the Claimant is the depositor for this account, that Respondent risked none of their assets at any time regarding this account and that they failed to disclose these material facts to Claimant ; and, Voluntarily report the date of last activity on this account is the date of this notice. \n\nFurthermore, RESPONDENTS failure to Cease and Desist in accordance with the requirements of the FDCPA and other related law, and/or satisfy the above terms and conditions, constitutes RESPONDENTS Breach of Duty and voluntary agreement to compensate Claimant, by certified mail, with a cashiers check within thirty ( 30 ) days of the date of billing by Claimant, their Agent or Heirs, in the following amounts : One Thousand Dollars ( {$1000.00} ) for each communication made to Claimant or their Agent or Heirs, whether telephonically or in writing, which is not in affidavit form, by a person who has first hand knowledge, regarding Respondents unsubstantiated claim ; and, XXXX XXXX Dollars ( {$50000.00} ) for each transaction initiated by Claimant where Claimants commercial ability is impeded due to you, your agents or assigns adverse credit reporting ; and, XXXX XXXX Dollars ( {$5000.00} ) for each court appearance Claimant, their Agent or Heirs makes in response to Respondents unsubstantiated claims ; and, RESPONDENT owes Claimant the balance equal to the purported credit limit on this account, plus interest and fees, for money lent ; and, Three times the alleged claim amount of XXXX XXXX XXXX XXXX XXXX XXXX dollars and XXXX XXXX cents ( {$8200.00} ) which equals ( {$24000.00} ) ; and, XXXX XXXX Dollars ( {$5000.00} ) per occurrence, for listing or reporting any information to a credit reporting repository which could be considered detrimental to Claimants credit history ; and, Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs ; fees and expenses incurred in defending against this and any and all continued collection attempts ( by anyone ) re the above-referenced alleged account RESPONDENT also agrees to : 1. Voluntarily authorize Claimant to record a UCC-1 on RESPONDENT as debtor to secure the debt owed Claimant ; and, 2. Voluntarily prove their claim as a RESPONDENT in possession of Claimant property in a involuntary bankruptcy proceeding process ; and, 3. Voluntarily compensate Claimant for ALL costs and attorneys/consultant fees ; and, 4. Resolve ALL claims by Claimant, against Respondent, et al, exclusively and finally through binding arbitration, if necessary, to enforce the above terms, conditions, fees, penalties and damages. Arbitration replaces the right to go to court except to confirm an arbitration award. The arbitration organization that is selected will apply its code or procedure in effect at the time the arbitration is filed, subject to this agreement. The arbitration will be conducted before a single arbitrator. The arbitrators authority is limited solely to the Claims between Claimant and Respondent alone. The arbitration will not be consolidated with any other arbitration proceeding. If Claimant prevails in the arbitration of any Claim against Respondent, Respondent will reimburse Claimant for any fees Claimant paid to the arbitration organization in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive any voluntary payment of Claimants claim against Respondent, in full, or any bankruptcy by Respondent.\n\nThis is a private communication and is intended to affect an out-of-court settlement of this matter. Conduct yourself accordingly. Should any provision on this agreement be found to not be enforceable by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become enforceable. \n\nEquality under the Law is PARAMOUNT and MANDATORY by Law NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL Applicable to all successors and assigns Silence is Acquiescence/Agreement/Dishonor You are the second party that has written a letter purporting to represent, or have as your client, ORIGINAL CREDITOR, the first was not registered as a debt collector in Florida and they have not answered the debt validation request presented to them. This is Notice that I do not recognize the Respondent from which the Claimant has received a computer generated debt collection attempt, and I must necessarily dispute part, or all, of the alleged debt until the following is received ... \nCREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF CLAIM Please provide all of the following information and submit the appropriate forms and paperwork back to me along with an Affidavit signed In Accordance with 28 U.S.C. 1746 within 30 days from the date of your receipt of this request for validation and proof of claim. \nAlleged Name and Address of Creditor Name on File of Alleged Debtor : Alleged Account # : Amount of alleged debt : Date that this alleged debt became/becomes payable : Date of original charge off or delinquency : Amount paid if debt was purchased : Please attach a copy of any signed agreement alleged debtor/claimant has made with debt collector, or other verifiable proof that debtor/claimant has a contractual obligation to pay debt collector. \nFurnish a copy of the original promissory note/agreement redacting my social security number to prevent identity theft and state that your client named above is the holder in due course of the note agreement and will produce the original for my own and a judges inspection should there be a trial to contest these matters. \nProduce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. Such as ; FR 2046 balance sheet ( OMB # s 2046, 2049, 2099 ), 1099 OID report, S-3/A registration statement, 424-B5 prospectus, RC-S & RC-B call schedules Identify by name and address all persons, corporations,  associations, or any other parties having an interest in legal proceedings regarding the alleged debt.\n\nVerified specifically, name ( s ) of person ( s ) assigned as Trustee to handle Corporations affairs and to be held accountable for the actions of the Corporation. Such as CFO and subordinates responsible for debt collections. \nVerify as a third party debt collector, you have not purchased evidence of the alleged debt and are proceeding with collection activity in the name of the original maker of the note. \nVerify you know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity. \nProvide verification from the stated creditor that you are authorized to act for them. \nVerify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing, which you know is false with the intention that others rely on the written communication to their detriment a violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341.\n\nDisputing the Debt","date_sent_to_company":"2020-03-23T17:14:36.000Z","issue":"Attempts to collect debt not owed","sub_product":"Other debt","zip_code":"30076","tags":null,"has_narrative":true,"complaint_id":"3577275","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CCS Financial Services, Inc.","date_received":"2020-03-23T16:57:07.000Z","state":"GA","company_public_response":"Company believes the complaint is the result of a misunderstanding","sub_issue":"Debt is not yours"},"highlight":{"complaint_what_happened":["Should any provision on this agreement be found to not be <em>enforceable</em> by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become <em>enforceable</em>."]},"sort":[7.161123,"3577275"]},{"_index":"complaint-public-v1","_id":"2926300","_score":6.6611204,"_source":{"product":"Debt collection","complaint_what_happened":"NOTICE IN RESPONSE TO CFPB PLEASE ATTACH ANY, IF ANY DOCUMENTS THAT SUPPORT YOUR RESPONSE From : XXXX, XXXX SOC # XXXX DOB XX/XX/XXXX ADDRESS : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, FL XXXX Hereinafter collectively referred to as Claimant To : ADVANCED COLLECTION BUREAU Hereinafter collectively referred to as RESPONDENT, you, your company RE : Alleged account that is not mine XX/XX/XXXX NOTICE OF DISPUTE ; DEMAND FOR VALIDATION AND PROOF OF CLAIM To Whom it May Concern I RECENTLY PULLED MY CREDIT FILE AND SEEN THAT THIS ACCOUNT DOES NOT BELONG TO ME. Be advised that your claim is disputed and validation and proof of claim of the disputed debt is requested in accordance with the Fair Debt Collection Practices Act, 15 USC 1692 and as amended by adding the following new Title 8 USC 802 et seq., and the Fair Credit Billing Act, 15 USC. 1666 et seq. All of which work in conjunction with each other, including the Truth In Lending Act ( TILA ) 15 USC 1601 et seq. It is not now, nor has it ever been, my intention to avoid paying any obligation that is lawfully owed by the Claimant. In order to make arrangements to pay an obligation which may be lawfully owed, please document and verify the debt by complying, in good faith, with this request for validation and return it to me, within thirty ( 30 ) days of receipt of this letter.\n\nThis is NOT a request for verification or proof of Claimant mailing address, but a request for VALIDATION and PROOF OF CLAIM made pursuant to the above named Titles and Sections. I respectfully request that your offices provide Claimant with competent evidence as per the attached Declaration and Proof of Claim that I have any legal obligation to pay you the unsubstantiated alleged debt. Furthermore you shall cease all verbal communication. No phone calls to the Claimant.\n\nAt this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus, such as, XXXX, XXXX  and XXXX prior to validation and proof of claim of the disputed debt, this action might constitute fraud under both Federal and State Laws. Due to this fact ; if any negative mark is found on any of Claimant credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character Violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341 ( Mail Fraud ) This debt is considered to be invalid until I receive proper validation and your offices provide Claimant with proof of claim of the disputed debt. Your offices have 30 days to produce the required documentation in accordance with FTC guidelines. During this validation period and proof of claim, if any action is taken which could be considered detrimental to any of Claimant credit reports, said action will be considered a dishonor and cause the self-executing contract portion of this notice to be implemented. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated. \n\nIf your offices fail to respond to this validation and proof of claim request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from Claimant credit file and a copy of such deletion request shall be sent to Claimant immediately. Title 8 USC 809. Validation of debts [ 15 USC 1692g ] ( b ) If th\ne consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.\n\nXXXX LAW DICTIONARY : VERIFICATION. Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition.\n\nCounter Claim with Self-executing Contract If Respondent, such as by commission, omission, and otherwise : ( a ) Fails to provide VALIDATION and PROOF OF CLAIM within thirty ( 30 ) days ; ( b ) Makes a false representation of the character of the herein above-referenced alleged debt ; ( c ) Makes a false representation of the legal status of the herein above-referenced alleged debt ; ( d ) Makes any threat of action that can not legally be taken, in violation of any applicable law, such as, the law codified at the Fair Debt Collection Practices Act, will be construed to be Respondents tacit acceptance of the terms and condition stated herein. In which case RESPONDENT agrees to : ( e ) Voluntarily report this account to all credit bureaus as DELETED ; and, ( f ) Voluntarily waive all claims against Claimant, their Agent or Heirs with prejudice ; and, ( g ) The matter regarding the alleged debt is finally and totally DELETED ; and, ( h ) Voluntarily admits the Claimant is the depositor for this account, that Respondent risked none of their assets at any time regarding this account and that they failed to disclose these material facts to Claimant ; and, ( i ) Voluntarily report the date of last activity on this account is the date of this notice. \n\nFurthermore, RESPONDENTS failure to Cease and Desist in accordance with the requirements of the FDCPA and other related law, and/or satisfy the above terms and conditions, constitutes RESPONDENTS Breach of Duty and voluntary agreement to compensate Claimant, by certified mail, with a cashiers check within thirty ( 30 ) days of the date of billing by Claimant, their Agent or Heirs, in the following amounts : I ) XXXX XXXX Dollars ( {$1000.00} ) for each communication made to Claimant or their Agent or Heirs, whether telephonically or in writing, which is not in affidavit form, by a person who has first hand knowledge, regarding Respondents unsubstantiated claim ; and, II ) XXXX XXXX Dollars ( {$50000.00} ) for each transaction initiated by Claimant where Claimants commercial ability is impeded due to you, your agents or assigns adverse credit reporting ; and, III ) Five Thousand Dollars ( {$5000.00} ) for each court appearance Claimant, their Agent or Heirs makes in response to Respondents unsubstantiated claims ; and, IV )  RESPONDENT owes Claimant the balance equal to the purported credit limit on this account, plus interest and fees, for money lent ; and, V ) Three times the alleged claim amount of XXXX XXXX XXXX XXXX XXXX XXXX XXXX dollars ( {$160000.00} ) which equals ( {$490000.00} ) ; and, VI ) XXXX XXXX Dollars ( {$5000.00} ) per occurrence, for listing or reporting any information to a credit reporting repository which could be considered detrimental to Claimants credit history ; and, VII ) Punitive damages in the amount of ( {$270000.00} ) ; and VIII ) Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs ; fees and expenses incurred in defending against this and any and all continued collection attempts ( by anyone ) re the above-referenced alleged account RESPONDENT also agrees to : 1. Voluntarily authorize Claimant to record a UCC-1 on RESPONDENT as debtor to secure the debt owed Claimant ; and, 2. Voluntarily prove their claim as a RESPONDENT in possession of Claimant property in a involuntary bankruptcy proceeding process ; and, 3. Voluntarily compensate Claimant for ALL costs and attorneys/consultant fees ; and, 4. Resolve ALL claims by Claimant, against Respondent, et al, exclusively and finally through binding arbitration, if necessary, to enforce the above terms, conditions, fees, penalties and damages. Arbitration replaces the right to go to court except to confirm an arbitration award. The arbitration organization that is selected will apply its code or procedure in effect at the time the arbitration is filed, subject to this agreement. The arbitration will be conducted before a single arbitrator. The arbitrators authority is limited solely to the Claims between Claimant and Respondent alone. The arbitration will not be consolidated with any other arbitration proceeding. If Claimant prevails in the arbitration of any Claim against Respondent, Respondent will reimburse Claimant for any fees Claimant paid to the arbitration organization in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive any voluntary payment of Claimants claim against Respondent, in full, or any bankruptcy by Respondent.\n\nThis is a private communication and is intended to affect an out-of-court settlement of this matter. Conduct yourself accordingly. Should any provision on this agreement be found to not be enforceable by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become enforceable. Equality under the Law is PARAMOUNT and MANDATORY by Law NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL Applicable to all successors and assigns Silence is Acquiescence/Agreement/Dishonor Executed on this XX/XX/XXXX by, __________________________________ XXXX XXXX CREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF CLAIM Please provide all of the following information and submit the appropriate forms and paperwork back to me along with an Affidavit signed In Accordance with 28 U.S.C. 1746 within 30 days from the date of your receipt of this request for validation and proof of claim. 1. Alleged Name and Address of Creditor 2. Name on File of Alleged Debtor : 3. Alleged Account # : 4. Amount of alleged debt : 5. Date that this alleged debt became/becomes payable : 6. Date of original charge off or delinquency : 7. Amount paid if debt was purchased : 8. Please attach a copy of any signed agreement alleged debtor/claimant has made with debt collector, or other verifiable proof that debtor/claimant has a contractual obligation to pay debt collector. 9. Furnish a copy of the original agreement redacting my social security number to prevent identity theft and state that your client named above is the holder in due course of the note agreement and will produce the original for my own and a judges inspection should there be a trial to contest these matters. 10. Produce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. Such as ; FR 2046 balance sheet ( OMB # s 2046, 2049, 2099 ), 1099 OID report, S-3/A registration statement, 424-B5 prospectus, RC-S & RC-B c\nall schedules 11. Identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt.\n\n12. Verified specifically, name ( s ) of person ( s ) assigned as Trustee to handle Corporations affairs and to be held accountable for the actions of the Corporation. Such as CFO and subordinates responsible for debt collections.\n\n13. Verify as a third party debt collector, you have not purchased evidence of the alleged debt and are proceeding with collection activity in the name of the original maker of the note.\n\n14. Verify you know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity.\n\n15. Provide verification from the stated creditor that you are authorized to act for them.\n\n16. Verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing, which you know is false with the intention that others rely on the written communication to their detriment a violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341. \nDisputing the Debt, Dated : XX/XX/XXXX. \n\n\n\nBy : _____________________________________________ <XXXX XXXX> ( expressly all rights reserved ), Real  Party in Interest, Live breathing man.","date_sent_to_company":"2018-06-05T04:23:06.000Z","issue":"Attempts to collect debt not owed","sub_product":"I do not know","zip_code":"33025","tags":"Servicemember","has_narrative":true,"complaint_id":"2926300","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Advanced Collection Bureau, Inc.","date_received":"2018-06-05T00:12:09.000Z","state":"FL","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":"Debt was result of identity theft"},"highlight":{"complaint_what_happened":["Should any provision on this agreement be found to not be <em>enforceable</em> by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become <em>enforceable</em>."]},"sort":[6.6611204,"2926300"]},{"_index":"complaint-public-v1","_id":"8643133","_score":6.287897,"_source":{"product":"Debt collection","complaint_what_happened":"NOTICE From : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XX/XX/XXXX ADDRESS XXXX XXXX XXXX XXXX XXXX XXXX VT XXXX Hereinafter collectively referred to as Claimant To : Transworld Systems XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX, DE XXXX. \n( XXXX ) XXXX Hereinafter collectively referred to as RESPONDENT, you, your company RE : TRANSWORLD SYSTEM INC/ XXXX CFPB : XXXX RESONSE TO : XXXX XX/XX/XXXX NOTICE OF DISPUTE ; DEMAND FOR VALIDATION AND PROOF OF CLAIM To Whom it May Concern Your company have violated the provisions of section 605B, 623 ( a ) ( 6 ), or 615 ( f ), You have no prooofs to offer to support a dispute, and thus your asserton in the form of a polcie report is being used to obtain blockage, not contest the accuracy of its reportin Stating that you have reason to determine that you have made a misrepresentation of material fact relevant to the request to block ; c ) XXXX has reason to determine that you obtained possession of goods Respond As a victim of identity theft ( meaning Identity theft is a crime in which an imposter obtains key pieces of personal information, such as Social Security or driver 's license numbers, in order to impersonate someone else ) I have provided relevant information about my Identity Theft Report. FCRA 605B ( b ), 15 U.S.C. 1681c-2 ( b ). Such notification by a CRA triggers two obligations for the furnisher. First, under FCRA section 623 ( a ) ( 6 ) ( A ), you must not allowed the furnisher may not continue to report that information to any CRA. FCRA 623 ( a ) ( 6 ) ( A ), 15 U.S.C. 1681s- 2 ( a ) ( 6 ) ( A ). Second, under FCRA section 615 ( f ), it may not sell or transfer that debt to anyone else who would try to collect it. FCRA 615 ( f ), 15 U.S.C. 1681m ( f ) .As required by section 611 of the Fair Credit Reporting Act, 15 U.S.C . 1681i, a copy of which is enclosed, I am requesting that the item ( s ) be removed [ or request another specific change ] to correct the information. You have no way to ascertain the legitimacy of my action without investigating the items in question Please send me all document regarding such record, court documents ] supporting my position. ] Please reinvestigate [ this/these matter ( s ) ] and [ delete or correct ] the disputed item ( s ) as soon as possible Furthermore, This letter is being sent to you in response to a computer generated, unsigned letter dated XX/XX/XXXX ( XXXX ), letter received by Claimant from your offices. Be advised that your claim is disputed and validation and proof of claim of the disputed debt is requested in accordance with the Fair Debt Collection Practices Act, 15 USC 1692 and as amended by adding the following new Title 8 USC 802 et seq., and the Fair Credit Billing Act, 15 USC. 1666 et seq. All of which work in conjunction with each other, including the Truth In Lending Act ( TILA ) 15 USC 1601 et seq. It is not now, nor has it ever been, my intention to avoid paying any obligation that is lawfully owed by the Claimant. In order to make arrangements to pay an obligation which may be lawfully owed, please document and verify the debt by complying, in good faith, with this request for validation and return it to me, within thirty ( 30 ) days of receipt of this letter.\n\nThis is NOT a request for verification or proof of Claimant mailing address, but a request for VALIDATION and PROOF OF CLAIM made pursuant to the above named Titles and Sections. I respectfully request that your offices provide Claimant with competent evidence as per the attached Declaration and Proof of Claim that I have any legal obligation to pay you the unsubstantiated alleged debt. Furthermore you shall cease all verbal communication. No phone calls to the Claimant.\n\nAt this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus, such as, XXXX, XXXX and XXXX prior to validation and proof of claim of the disputed debt, this action might constitute fraud under both Federal and State Laws. Due to this fact ; if any negative mark is found on any of Claimant credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character Violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341 ( Mail Fraud ) This debt is considered to be invalid until I receive proper validation and your offices provide Claimant with proof of claim of the disputed debt. Your offices have 30 days to produce the required documentation in accordance with FTC guidelines. During this validation period and proof of claim, if any action is taken which could be considered detrimental to any of Claimant credit reports, said action will be considered a dishonor and cause the self-executing contract portion of this notice to be implemented. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated.\n\nIf your offices fail to respond to this validation and proof of claim request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from Claimant credit file and a copy of such deletion request shall be sent to Claimant immediately.\n\nTitle 8 USC 809. Validation of debts [ 15 USC 1692g ] ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.\n\nBLACKS LAW DICTIONARY : VERIFICATION. Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition.\n\nCounter Claim with Self-executing Contract If Respondent, such as by commission, omission, and otherwise : ( a ) Fails to provide VALIDATION and PROOF OF CLAIM within thirty ( 30 ) days ; ( b ) Makes a false representation of the character of the herein above-referenced alleged debt ; ( c ) Makes a false representation of the legal status of the herein above-referenced alleged debt ; ( d ) Makes any threat of action that can not legally be taken, in violation of any applicable law, such as, the law codified at the Fair Debt Collection Practices Act, will be construed to be Respondents tacit acceptance of the terms and condition stated herein. In which case RESPONDENT agrees to : ( e ) Voluntarily report this account to all credit bureaus as paid as agreed ; and, ( f ) Voluntarily waive all claims against Claimant, their Agent or Heirs with prejudice ; and, ( g ) The matter regarding the alleged debt is finally and totally settled ; and, ( h ) Voluntarily admits the Claimant is the depositor for this account, that Respondent risked none of their assets at any time regarding this account and that they failed to disclose these material facts to Claimant ; and, ( i ) Voluntarily report the date of last activity on this account is the date of this notice.\n\nFurthermore, RESPONDENTS failure to Cease and Desist in accordance with the requirements of the FDCPA and other related law, and/or satisfy the above terms and conditions, constitutes RESPONDENTS Breach of Duty and voluntary agreement to compensate Claimant, by certified mail, with a cashiers check within thirty ( 3XXXX ) days of the date of billing by Claimant, their Agent or Heirs, in the following amounts : I ) XXXX XXXX Dollars ( {$1000.00} ) for each communication made to Claimant or their Agent or Heirs, whether telephonically or in writing, which is not in affidavit form, by a person who has first hand knowledge, regarding Respondents unsubstantiated claim ; and, XXXX ) XXXX XXXX Dollars ( {$50000.00} ) for each transaction initiated by Claimant where Claimants commercial ability is impeded due to you, your agents or assigns adverse credit reporting ; and, XXXX ) XXXX XXXX Dollars ( {$5000.00} ) for each court appearance Claimant, their Agent or Heirs makes in response to Respondents unsubstantiated claims ; and, XXXX ) RESPONDENT owes Claimant the balance equal to the purported credit limit on this account, plus interest and fees, for money lent; and, V ) Three times the alleged claim amount of XXXX XXXX sixty-five XXXX XXXX XXXX XXXX dollars ( {$160000.00} ) which equals ( {$490000.00} ) ; and, VI ) XXXX XXXX Dollars ( {$5000.00} ) per occurrence, for listing or reporting any information to a credit reporting repository which could be considered detrimental to Claimants credit history ; and, XXXX ) Punitive damages in the amount of ( {$270000.00} ) ; and VIII ) Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs ; fees and expenses incurred in defending against this and any and all continued collection attempts ( by anyone ) re the above-referenced alleged account RESPONDENT also agrees to : 1 . Voluntarily authorize Claimant to record a UCC-1 on RESPONDENT as debtor to secure the debt owed Claimant ; and, 2. Voluntarily prove their claim as a RESPONDENT in possession of Claimant property in a involuntary bankruptcy proceeding process ; and, 3. Voluntarily compensate Claimant for ALL costs and attorneys/consultant fees ; and, 4. Resolve ALL claims by Claimant, against Respondent, et al, exclusively and finally through binding arbitration, if necessary, to enforce the above terms, conditions, fees, penalties and damages. Arbitration replaces the right to go to court except to confirm an arbitration award. The arbitration organization that is selected will apply its code or procedure in effect at the time the arbitration is filed, subject to this agreement. The arbitration will be conducted before a single arbitrator. The arbitrators authority is limited solely to the Claims between Claimant and Respondent alone. The arbitration will not be consolidated with any other arbitration proceeding. If Claimant prevails in the arbitration of any Claim against Respondent, Respondent will reimburse Claimant for any fees Claimant paid to the arbitration organization in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive any voluntary payment of Claimants claim against Respondent, in full, or any bankruptcy by Respondent.\n\nThis is a private communication and is intended to affect an out-of-court settlement of this matter. Conduct yourself accordingly. Should any provision on this agreement be found to not be enforceable by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become enforceable.\n\nEquality under the Law is PARAMOUNT and MANDATORY by Law NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL Applicable to all successors and assigns Silence is Acquiescence/Agreement/Dishonor You are the second party that has written a letter purporting to represent, or have as your client, COVE, the first was not registered as a debt collector in Vermont and they have not answered the debt validation request presented to them. This is Notice that I do not recognize the Respondent from which the Claimant has received a computer generated debt collection attempt, and I must necessarily dispute part, or all, of the alleged debt until the following is received...\n\nCREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF CLAIM Please provide all of the following information and submit the appropriate forms and paperwork back to me along with an Affidavit signed In Accordance with 28 U.S.C. 1746 within 30 days from the date of your receipt of this request for validation and proof of claim.\n\n1. Alleged Name and Address of Creditor 2. Name on File of Alleged Debtor : 3. Alleged Account # : 4. Amount of alleged debt : 5. Date that this alleged debt became/becomes payable : 6. Date of original charge off or delinquency : 7. Amount paid if debt was purchased : 8. Please attach a copy of any signed agreement alleged debtor/claimant has made with debt collector, or other verifiable proof that debtor/claimant has a contractual obligation to pay debt collector.\n\n9. Furnish a copy of the original promissory note/agreement redacting my social security number to prevent identity theft and state that your client named above is the holder in due course of the note agreement and will produce the original for my own and a judges inspection should there be a trial to contest these matters.\n\n10. Produce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. Such as ; FR 2046 balance sheet ( OMB # s 2046, 2049, 2099 ), 1099 OID report, S-3/A registration statement, 424-B5 prospectus, RC-S & RC-B call schedules 11. Identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt.\n\n12. Verified specifically, name ( s ) of person ( s ) assigned as Trustee to handle Corporations affairs and to be held accountable for the actions of the Corporation. Such as CFO and subordinates responsible for debt collections.\n\n13. Verify as a third party debt collector, you have not purchased evidence of the alleged debt and are proceeding with collection activity in the name of the original maker of the note.\n\n14. Verify you know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity.\n\n15. Provide verification from the stated creditor that you are authorized to act for them.\n\n16. Verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing, which you know is false with the intention that others rely on the written communication to their detriment a violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341.\n\nDisputing the Debt, Dated this XXXX day of XXXX, XXXX","date_sent_to_company":"2024-03-27T16:39:47.000Z","issue":"Attempts to collect debt not owed","sub_product":"I do not know","zip_code":"056XX","tags":null,"has_narrative":true,"complaint_id":"8643133","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TRANSWORLD SYSTEMS INC","date_received":"2024-03-27T16:33:31.000Z","state":"VT","company_public_response":null,"sub_issue":"Debt was result of identity theft"},"highlight":{"complaint_what_happened":["Should any provision on this agreement be found to not be <em>enforceable</em> by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become <em>enforceable</em>."]},"sort":[6.287897,"8643133"]},{"_index":"complaint-public-v1","_id":"3351163","_score":6.2012396,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"I have contacted this company through certified letters in XXXX of 2019. I have also contacted them on the phone and through mail. I haven't receive anything showing me a dispute or anything in that nature. By law i was suppose to receive something as early as 30 days after the first letter was sent in XXXX of 2019. I am sending this letter as of my final attempt to fairly allow you to do your job and kindly remove the errors that are reporting on my credit report. I've mentioned that i am a victim of identity theft. My information was also leaked in several breaches over the years but a recent one a few weeks in XXXX of 2019. Since it comes to my attention that you aren't responding maybe we should settle in court, which will work for me and i won't be wasting my time. I complied the evidence and paper work during the time when i sent in my letters and more. \n\nThis letter is being sent to you in response to a computer generated, unsigned letter dated XX/XX/2019 ( XXXX ), letter received by Claimant from your offices. Be advised that your claim is disputed and validation and proof of claim of the disputed debt is requested in accordance with the Fair Debt Collection Practices Act, 15 USC 1692 and as amended by adding the following new Title 8 USC 802 et seq., and the Fair Credit Billing Act, 15 USC. 1666 et seq. All of which work in conjunction with each other, including the Truth In Lending Act ( TILA ) 15 USC 1601 et seq. It is not now, nor has it ever been, my intention to avoid paying any obligation that is lawfully owed by the Claimant. In order to make arrangements to pay an obligation which may be lawfully owed, please document and verify the debt by complying, in good faith, with this request for validation and return it to me, within thirty ( 30 ) days of receipt of this letter. \nThis is NOT a request for verification or proof of Claimant mailing address, but a request for VALIDATION and PROOF OF CLAIM made pursuant to the above named Titles and Sections. I respectfully request that your offices provide Claimant with competent evidence as per the attached Declaration and Proof of Claim that I have any legal obligation to pay you the unsubstantiated alleged debt. Furthermore you shall cease all verbal communication. No phone calls to the Claimant.\n\nAt this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus, such as, XXXX, XXXX  and XXXX prior to validation and proof of claim of the disputed debt, this action might constitute fraud under both Federal and State Laws. Due to this fact ; if any negative mark is found on any of Claimant credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character Violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341 ( Mail Fraud ) This debt is considered to be invalid until I receive proper validation and your offices provide Claimant with proof of claim of the disputed debt. Your offices have 30 days to produce the required documentation in accordance with FTC guidelines. During this validation period and proof of claim, if any action is taken which could be considered detrimental to any of Claimant credit reports, said action will be considered a dishonor and cause the self-executing contract portion of this notice to be implemented. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated. \nIf your offices fail to respond to this validation and proof of claim request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from Claimant credit file and a copy of such deletion request shall be sent to Claimant immediately.\n\nTitle 8 USC 809. Validation of debts [ 15 USC 1692g ] ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of Debt Validation Proof of Claim XXXX XXXX the debt or any 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. \nXXXX XXXX XXXX  : VERIFICATION. Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition.\n\nCounter Claim with Self-executing Contract If Respondent, such as by commission, omission, and otherwise : ( a ) Fails to provide VALIDATION and PROOF OF CLAIM within thirty ( 30 ) days ; ( b ) Makes a false representation of the character of the herein above-referenced alleged debt ; ( c ) Makes a false representation of the legal status of the herein above-referenced alleged debt ; ( d ) Makes any threat of action that can not legally be taken, in violation of any applicable law, such as, the law codified at the Fair Debt Collection Practices Act, will be construed to be Respondents tacit acceptance of the terms and condition stated herein. In which case RESPONDENT agrees to : ( e ) Voluntarily report this account to all credit bureaus as paid as agreed ; and, ( f ) Voluntarily waive all claims against Claimant, their Agent or Heirs with prejudice ; and, ( g ) The matter regarding the alleged debt is finally and totally settled ; and, ( h ) Voluntarily admits the Claimant is the depositor for this account, that Respondent risked none of their assets at any time regarding this account and that they failed to disclose these material facts to Claimant ; and, ( i ) Voluntarily report the date of last activity on this account is the date of this notice. \nFurthermore, related law, and/or satisfy the above terms and conditions, constitutes RESPONDENTS Breach of Duty and voluntary agreement to compensate Claimant, by certified mail, with a cashiers check within thirty ( 30 ) days of the date of billing by Claimant, their Agent or Heirs, in the following amounts : I ) XXXX XXXX Dollars ( {$1000.00} ) for each communication made to Claimant or their Agent or Heirs, whether telephonically or in writing, which is not in affidavit form, by a person who has first hand knowledge, regarding Respondents unsubstantiated claim ; and, II ) XXXX XXXX Dollars ( {$50000.00} ) for each transaction initiated by Claimant where Claimants commercial ability is impeded due to you, your agents or assigns adverse credit reporting ; and, III ) XXXX XXXX Dollars ( {$5000.00} ) for each court appearance Claimant, their Agent or Heirs makes in response to Respondents unsubstantiated claims ; and, IV ) RESPONDENT owes Claimant the balance equal to the purported credit limit on this account, plus interest and fees, for money lent ; and, V ) Three times the alleged claim amount of XXXX XXXX XXXX XXXX XXXX XXXX XXXX dollars ( {$160000.00} ) which equals ( {$490000.00} ) ; and, VI ) XXXX XXXX Dollars ( {$5000.00} ) per occurrence, for listing or reporting any information to a credit reporting repository which could be considered detrimental to Claimants credit history ; and, VII ) Punitive damages in the amount of ( {$270000.00} ) ; and VIII ) Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs ; fees and expenses incurred in defending against this and any and all continued collection attempts ( by anyone ) re the above- referenced alleged account RESPONDENT also agrees to : 1. Voluntarily authorize Claimant to record a UCC-1 on RESPONDENT as debtor to secure the debt owed Claimant ; and, 2. Voluntarily prove their claim as a RESPONDENT in possession of Claimant property in a involuntary bankruptcy proceeding process ; and, 3. Voluntarily compensate Claimant for ALL costs and attorneys/consultant fees ; and, RESPONDENTS failure to Cease and Desist in accordance with the requirements of the FDCPA and other Debt Validation Proof of Claim XXXX XXXX 4. Resolve ALL claims by Claimant, against Respondent, et al, exclusively and finally through binding arbitration, if necessary, to enforce the above terms, conditions, fees, penalties and damages. Arbitration replaces the right to go to court except to confirm an arbitration award. The arbitration organization that is selected will apply its code or procedure in effect at the time the arbitration is filed, subject to this agreement. The arbitration will be conducted before a single arbitrator. The arbitrators authority is limited solely to the Claims between Claimant and Respondent alone. The arbitration will not be consolidated with any other arbitration proceeding. If Claimant prevails in the arbitration of any Claim against Respondent, Respondent will reimburse Claimant for any fees Claimant paid to the arbitration organization in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive any voluntary payment of Claimants claim against Respondent, in full, or any bankruptcy by Respondent.\n\nThis is a private communication and is intended to affect an out-of-court settlement of this matter. Conduct yourself accordingly. Should any provision on this agreement be found to not be enforceable by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become enforceable.\n\nEquality under the Law is PARAMOUNT and MANDATORY by Law NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL Applicable to all successors and assigns Silence is Acquiescence/Agreement/Dishonor Executed on this XX/XX/XXXX by, XXXX XXXX You are the second party that has written a letter purporting to represent, or have as your client, XXXX XXXX Bank, the first was not registered as a debt collector in Maine and they have not answered the debt validation request presented to them. This is Notice that I do not recognize the Respondent from which the Claimant has received a computer generated debt collection attempt, and I must necessarily dispute part, or all, of the alleged debt until the following is received ...\n\nCREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF CLAIM Please provide all of the following information and submit the appropriate forms and paperwork back to me along with an Affidavit signed In Accordance with 28 U.S.C. 1746 within 30 days from the date of your receipt of this request for validation and proof of claim. \n1. Alleged Name and Address of Creditor 2. Name on File of Alleged Debtor : 3. Alleged Account # : 4. Amount of alleged debt : 5. Date that this alleged debt became/becomes payable : 6. Date of original charge off or delinquency : 7. Amount paid if debt was purchased : 8. Please attach a copy of any signed agreement alleged debtor/claimant has made with debt collector, or other verifiable proof that debtor/claimant has a contractual obligation to pay debt collector.\n\n9. Furnish a copy of the original promissory note/agreement redacting my social security number to prevent identity theft and state that your client named above is the holder in due course of the note agreement and will produce the original for my own and a judges inspection should there be a trial to contest these matters.\n\nDebt Validation Proof of Claim 10. Produce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. Such as ; FR 2046 balance sheet ( OMB # s 2046, 2049, 2099 ), 1099 OID report, S-3/A registration statement, 424-B5 prospectus, RC-S & RC-B call schedules 11. Identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt.\n\n12. Verified specifically, name ( s ) of person ( s ) assigned as Trustee to handle Corporations affairs and to be held accountable for the actions of the Corporation. Such as CFO and subordinates responsible for debt collections.\n\n13. Verify as a third party debt collector, you have not purchased evidence of the alleged debt and are proceeding with collection activity in the name of the original maker of the note.\n\n14. Verify you know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity. \n15. Provide verification from the stated creditor that you are authorized to act for them.\n\n16. Verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing, which you know is false with the intention that others rely on the written communication to their detriment a violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341.\n\nDisputing the Debt, Dated this XXXX  day of XXXX, 2019. \nBy : XXXX ERRONEOUS/IDENTITY THEFT/ : XXXX - SAGESTREAM - XXXX XXXX 1.  XXXX XXXX # XXXX 2. XXXX XXXX # XXXX 3. DEPT OF ED/XXXX # XXXX XXXX. 5.  XXXX XXXX # XXXX 6. DEPT OF ED/XXXX  # XXXX 7. DEPT OF ED/XXXX # XXXX 8. DEPT OF ED/XXXX  # XXXX 9. DEPT OF ED/XXXX  # XXXX 10. DEPT OF ED/XXXX  # XXXX 11. DEPT OF ED/XXXX # XXXX 12. DEPT OF ED/XXXX  # XXXX 13.  INCORRECT ADDRESS : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX FL XXXX.","date_sent_to_company":"2019-08-23T07:57:10.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"30350","tags":null,"has_narrative":true,"complaint_id":"3351163","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"ID Analytics, Inc.","date_received":"2019-08-23T03:57:08.000Z","state":"GA","company_public_response":null,"sub_issue":"Information belongs to someone else"},"highlight":{"complaint_what_happened":["Should any provision on this agreement be found to not be <em>enforceable</em> by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become <em>enforceable</em>."]},"sort":[6.2012396,"3351163"]},{"_index":"complaint-public-v1","_id":"3351162","_score":6.2012396,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"I have contacted this company through certified letters in XXXX of 2019. I have also contacted them on the phone and through mail. I haven't receive anything showing me a dispute or anything in that nature. By law i was suppose to receive something as early as 30 days after the first letter was sent in XXXX of 2019. I am sending this letter as of my final attempt to fairly allow you to do your job and kindly remove the errors that are reporting on my credit report. I've mentioned that i am a victim of identity theft. My information was also leaked in several breaches over the years but a recent one a few weeks in XXXX of 2019. Since it comes to my attention that you aren't responding maybe we should settle in court, which will work for me and i won't be wasting my time. I complied the evidence and paper work during the time when i sent in my letters and more. \n\nThis letter is being sent to you in response to a computer generated, unsigned letter dated XX/XX/2019 XXXX XXXX ), letter received by Claimant from your offices. Be advised that your claim is disputed and validation and proof of claim of the disputed debt is requested in accordance with the Fair Debt Collection Practices Act, 15 USC 1692 and as amended by adding the following new Title 8 USC 802 et seq., and the Fair Credit Billing Act, 15 USC. 1666 et seq. All of which work in conjunction with each other, including the Truth In Lending Act ( TILA ) 15 USC 1601 et seq. It is not now, nor has it ever been, my intention to avoid paying any obligation that is lawfully owed by the Claimant. In order to make arrangements to pay an obligation which may be lawfully owed, please document and verify the debt by complying, in good faith, with this request for validation and return it to me, within thirty ( 30 ) days of receipt of this letter. \nThis is NOT a request for verification or proof of Claimant mailing address, but a request for VALIDATION and PROOF OF CLAIM made pursuant to the above named Titles and Sections. I respectfully request that your offices provide Claimant with competent evidence as per the attached Declaration and Proof of Claim that I have any legal obligation to pay you the unsubstantiated alleged debt. Furthermore you shall cease all verbal communication. No phone calls to the Claimant. \nAt this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus, such as, XXXX, XXXX and XXXX prior to validation and proof of claim of the disputed debt, this action might constitute fraud under both Federal and State Laws. Due to this fact ; if any negative mark is found on any of Claimant credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character Violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341 ( Mail Fraud ) This debt is considered to be invalid until I receive proper validation and your offices provide Claimant with proof of claim of the disputed debt. Your offices have 30 days to produce the required documentation in accordance with FTC guidelines. During this validation period and proof of claim, if any action is taken which could be considered detrimental to any of Claimant credit reports, said action will be considered a dishonor and cause the self-executing contract portion of this notice to be implemented. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated. \nIf your offices fail to respond to this validation and proof of claim request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from Claimant credit file and a copy of such deletion request shall be sent to Claimant immediately.\n\nTitle 8 USC 809. Validation of debts [ 15 USC 1692g ] ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of Debt Validation Proof of Claim XXXX XXXX the debt or any 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. \nBLACKS LAW DICTIONARY : VERIFICATION. Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition. \nCounter Claim with Self-executing Contract If Respondent, such as by commission, omission, and otherwise : ( a ) Fails to provide VALIDATION and PROOF OF CLAIM within thirty ( 30 ) days ; ( b ) Makes a false representation of the character of the herein above-referenced alleged debt ; ( c ) Makes a false representation of the legal status of the herein above-referenced alleged debt ; ( d ) Makes any threat of action that can not legally be taken, in violation of any applicable law, such as, the law codified at the Fair Debt Collection Practices Act, will be construed to be Respondents tacit acceptance of the terms and condition stated herein. In which case RESPONDENT agrees to : ( e ) Voluntarily report this account to all credit bureaus as paid as agreed ; and, ( f ) Voluntarily waive all claims against Claimant, their Agent or Heirs with prejudice ; and, ( g ) The matter regarding the alleged debt is finally and totally settled ; and, ( h ) Voluntarily admits the Claimant is the depositor for this account, that Respondent risked none of their assets at any time regarding this account and that they failed to disclose these material facts to Claimant ; and, ( i ) Voluntarily report the date of last activity on this account is the date of this notice.\n\nFurthermore, related law, and/or satisfy the above terms and conditions, constitutes RESPONDENTS Breach of Duty and voluntary agreement to compensate Claimant, by certified mail, with a cashiers check within thirty ( 30 ) days of the date of billing by Claimant, their Agent or Heirs, in the following amounts : I ) XXXX XXXX Dollars ( {$1000.00} ) for each communication made to Claimant or their Agent or Heirs, whether telephonically or in writing, which is not in affidavit form, by a person who has first hand knowledge, regarding Respondents unsubstantiated claim ; and, II ) XXXX XXXX Dollars ( {$50000.00} ) for each transaction initiated by Claimant where Claimants commercial ability is impeded due to you, your agents or assigns adverse credit reporting ; and, III XXXX XXXX XXXX Dollars ( {$5000.00} ) for each court appearance Claimant, their Agent or Heirs makes in response to Respondents unsubstantiated claims ; and, IV ) RESPONDENT owes Claimant the balance equal to the purported credit limit on this account, plus interest and fees, for money lent ; and, V ) Three times the alleged claim amount of XXXX XXXX XXXX XXXX XXXX XXXX XXXX dollars ( {$160000.00} ) which equals ( {$490000.00} ) ; and, VI ) XXXX XXXX Dollars ( {$5000.00} ) per occurrence, for listing or reporting any information to a credit reporting repository which could be considered detrimental to Claimants credit history ; and, VII ) Punitive damages in the amount of ( {$270000.00} ) ; and VIII ) Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs ; fees and expenses incurred in defending against this and any and all continued collection attempts ( by anyone ) re the above- referenced alleged account RESPONDENT also agrees to : 1. Voluntarily authorize Claimant to record a UCC-1 on RESPONDENT as debtor to secure the debt owed Claimant ; and, 2. Voluntarily prove their claim as a RESPONDENT in possession of Claimant property in a involuntary bankruptcy proceeding process ; and, 3. Voluntarily compensate Claimant for ALL costs and attorneys/consultant fees ; and, RESPONDENTS failure to Cease and Desist in accordance with the requirements of the FDCPA and other Debt Validation Proof of Claim Ernie Samuel 4. Resolve ALL claims by Claimant, against Respondent, et al, exclusively and finally through binding arbitration, if necessary, to enforce the above terms, conditions, fees, penalties and damages. Arbitration replaces the right to go to court except to confirm an arbitration award. The arbitration organization that is selected will apply its code or procedure in effect at the time the arbitration is filed, subject to this agreement. The arbitration will be conducted before a single arbitrator. The arbitrators authority is limited solely to the Claims between Claimant and Respondent alone. The arbitration will not be consolidated with any other arbitration proceeding. If Claimant prevails in the arbitration of any Claim against Respondent, Respondent will reimburse Claimant for any fees Claimant paid to the arbitration organization in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive any voluntary payment of Claimants claim against Respondent, in full, or any bankruptcy by Respondent.\n\nThis is a private communication and is intended to affect an out-of-court settlement of this matter. Conduct yourself accordingly. Should any provision on this agreement be found to not be enforceable by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become enforceable. \nEquality under the Law is PARAMOUNT and MANDATORY by Law NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL Applicable to all successors and assigns Silence is Acquiescence/Agreement/Dishonor Executed on this XXXX XXXX of XXXX, 2019 by, XXXX XXXX You are the second party that has written a letter purporting to represent, or have as your client, XXXX XXXX XXXX, the first was not registered as a debt collector in Maine and they have not answered the debt validation request presented to them. This is Notice that I do not recognize the Respondent from which the Claimant has received a computer generated debt collection attempt, and I must necessarily dispute part, or all, of the alleged debt until the following is received ... \nCREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF CLAIM Please provide all of the following information and submit the appropriate forms and paperwork back to me along with an Affidavit signed In Accordance with 28 U.S.C. 1746 within 30 days from the date of your receipt of this request for validation and proof of claim.\n\n1. Alleged Name and Address of Creditor 2. Name on File of Alleged Debtor : 3. Alleged Account # : 4. Amount of alleged debt : 5. Date that this alleged debt became/becomes payable : 6. Date of original charge off or delinquency : 7. Amount paid if debt was purchased : 8. Please attach a copy of any signed agreement alleged debtor/claimant has made with debt collector, or other verifiable proof that debtor/claimant has a contractual obligation to pay debt collector.\n\n9. Furnish a copy of the original promissory note/agreement redacting my social security number to prevent identity theft and state that your client named above is the holder in due course of the note agreement and will produce the original for my own and a judges inspection should there be a trial to contest these matters. \nDebt Validation Proof of Claim 10. Produce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. Such as ; FR 2046 balance sheet ( OMB # s 2046, 2049, 2099 ), 1099 OID report, S-3/A registration statement, 424-B5 prospectus, RC-S & RC-B call schedules 11. Identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt.\n\n12. Verified specifically, name ( s ) of person ( s ) assigned as Trustee to handle Corporations affairs and to be held accountable for the actions of the Corporation. Such as CFO and subordinates responsible for debt collections.\n\n13. Verify as a third party debt collector, you have not purchased evidence of the alleged debt and are proceeding with collection activity in the name of the original maker of the note. \n14. Verify you know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity.\n\n15. Provide verification from the stated creditor that you are authorized to act for them.\n\n16. Verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing, which you know is false with the intention that others rely on the written communication to their detriment a violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341.\n\nDisputing the Debt, Dated this XXXX day of XXXX, 2019. \nBy : XXXX ERRONEOUS/IDENTITY THEFT/ : XXXX - XXXX - LEXIS NEXIS 1.  XXXX XXXX # XXXX 2. XXXX XXXX # XXXX 3. DEPT OF ED/XXXX # XXXX XXXX. 5.  XXXX XXXX # XXXX 6. DEPT OF ED/XXXX # XXXX 7. DEPT OF ED/XXXX # XXXX 8. DEPT OF ED/XXXX # XXXX 9. DEPT OF ED/XXXX # XXXX 10. DEPT OF ED/XXXX   # XXXX 11. DEPT OF ED/XXXX # XXXX 12. DEPT OF ED/XXXX # XXXX 13. INCORRECT ADDRESS : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX FL XXXX.","date_sent_to_company":"2019-08-23T07:57:10.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"30350","tags":null,"has_narrative":true,"complaint_id":"3351162","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"LEXISNEXIS","date_received":"2019-08-23T03:57:08.000Z","state":"GA","company_public_response":null,"sub_issue":"Information belongs to someone else"},"highlight":{"complaint_what_happened":["Should any provision on this agreement be found to not be <em>enforceable</em> by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become <em>enforceable</em>."]},"sort":[6.2012396,"3351162"]},{"_index":"complaint-public-v1","_id":"18273604","_score":5.9067554,"_source":{"product":"Debt collection","complaint_what_happened":"National Credit Adjust XXXX XXXX XXXX XXXX XXXX XXXX National credit adjust Account : # XXXX Date XX/XX/XXXX Account type : debt buyer Status : Collection account. {$500.00} past due as of XX/XX/XXXX Hereinafter collectively referred to as RESPONDENT, you, your company NOTICE OF DISPUTE ; DEMANDS FOR VALIDATION AND PROOF OF CLAIM HAS NOT BEEN MET! \n\nTo Whom it May Concern This letter is being sent to you in response to the debt validation claim XX/XX/XXXX, received By the claimant by your offices. Be advised that your claim is still disputed and you fail to validate and prove the claim of the disputed. \ndebt validation has not been met in accordance with the Fair Debt Collection Practices Act, 15 USC {$1600.00} and as amended by adding the following new Title 8 US {$800.00} et seq., and the Fair Credit Billing Act, 15 USC. {$1600.00} et seq. All of which work in conjunction with each other, including the Truth In Lending Act ( TILA ) 15 USC 1601 et seq. It is not now, nor has it ever been, my intention to avoid paying any obligation that is lawfully owned by the Claimant. In order to make arrangements to pay an obligation which may be lawfully owed. \n\nThis is was NOT a request for \" verification '' or proof of Claimant mailing address or computer generated of bank statements you could find, but a request for VALIDATION and PROOF OF CLAIM made pursuant to the above named Titles and Sections. I respectfully was requesting that your offices provided Claimant with competent evidence as per the attached \" Declaration and Proof of Claim '' that I have any legal obligation to pay you the unsubstantiated alleged debt. Furthermore you shall cease all verbal communication. No phone calls to the Claimant. At this time I will also inform you that if your offices have reported invalidated information to any of the XXXX major Credit Bureaus, such as, XXXX XXXX XXXX XXXX prior to validation and proof of claim of the disputed debt, this action might constitute fraud under both Federal and State Laws. \n\nDue to this fact ; if any negative mark is found on any of Claimant credit reporting by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for the following : - Violation of the Fair Credit Reporting Act - Violation of the Fair Debt Collection Practices Act Defamation of Character - Violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341 ( Mail Fraud ) This debt is considered to be invalid your company was unable to send proper validation and your offices did not provide Claimant with proof of claim of the disputed debt. Your offices have to produce the required documentation in accordance with FTC guidelines. During this validation period and proof of claim, if any action is taken which could be considered detrimental to any of Claimant credit reports, said action will be considered a \" dishonor '' and cause the self-executing contract portion of this notice to be implemented. This includes listing any information to a credit reporting repository that could be inaccurate or invalidated. \n\nYour office has failed to respond to this validation and proof of claim request within 30 days timeframe from the previous date of your receipt, all references to this account must be deleted and completely removed from Claimant credit file and a copy of such deletion request shall be sent to Claimant immediately. \n\nTitle 8 USC {$800.00}. Validation of debts [ 15 USC 1692g ] ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. \n\nXXXXXXXX XXXX XXXX XXXX : VERIFICATION. \nConfirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition. \nRULING 1002- Requirement of the original An original writing, recording, or photograph is required in order to prove its content unless these rules or a federal statute provides otherwise. \nCounter Claim with Self-executing Contract If Respondent, such as by commission, omission, and otherwise : ( a ) Fails to provide VALIDATION and PROOF OF CLAIM within thirty ( 30 ) days timeframe of the 1st letter sent; ( b ) Makes a false representation of the character of the herein above-referenced alleged debt ; ( c ) Makes a false representation of the legal status of the herein above-referenced alleged debt ; ( d ) Makes any threat of action that can not legally be taken, in violation of any applicable law, such as, the law codified at the Fair Debt Collection Practices Act, will be construed to be Respondent 's tacit acceptance of the terms and condition stated herein.\n\nIn which case RESPONDENT agrees to : ( e ) Voluntarily report this account to all credit bureaus as \" paid as agreed ; '' and, ( f ) Voluntarily waive all claims against Claimant, their Agent or Heirs with prejudice ; and, ( g ) The matter regarding the alleged debt is finally and totally settled ; and, ( h ) Voluntarily admits the Claimant is the depositor for this account, that Respondent risked none of their assets at any time regarding this account and that they failed to disclose these material facts to Claimant ; and, ( i ) Voluntarily report the date of last activity on this account is the date of this notice.\n\nFurthermore, RESPONDENT 'S failure to \" Cease and Desist '' in accordance with the requirements of the FDCPA and other related law, and/or satisfy the above \" terms and conditions, \" constitutes RESPONDENT 'S `` Breach of Duty '' and voluntary agreement to compensate Claimant, by certified mail, with a cashier 's check within thirty ( 30 ) days of the date of billing by Claimant, their Agent or Heirs, in the following amounts : XXXX ) XXXX XXXX Dollars ( {$1000.00} ) for each communication made to Claimant or their Agent or Heirs, whether telephonically or in writing, which is not in affidavit form, by a person who has first hand knowledge, regarding Respondent 's unsubstantiated claim ; and, XXXX XXXX Dollars XXXX ) ( {$1000.00} ) for each transaction initiated by Claimant where Claimant 's commercial ability is impeded due to you, your agents ' or assigns adverse credit reporting ; and, XXXX ) XXXX XXXX Dollars ( {$5000.00} ) for each court appearance Claimant, their Agent or Heirs makes in response XXXX ) XXXX ) to Respondent 's unsubstantiated claims ; and, RESPONDENT owes Claimant the balance equal to the purported credit limit on this account, plus interest and 6 ) 7 ) 8 ) 9 ) fees, for money lent; and, Three times the alleged claim amount of XXXX XXXX and XXXX dollars. \n( {$500.00} ) which equals ( {$1500.00} ) ; and, XXXX XXXX Dollars ( {$5000.00} ) per occurrence, for listing or reporting any information to a credit reporting XXXX ) repository which could be considered detrimental to Claimant 's credit history ; and, XXXX ) Punitive damages in the amount of ( {$500.00} ) ; and RESPONPENT also agrees to : 1. Voluntarily authorize Claimant to record a UCC-1 on RESPONDENT as debtor to secure the debt owed Claimant ; and, 2. Voluntarily prove their claim as a RESPONDENT in possession of Claimant property in a involuntary bankruptcy proceeding process ; and, 3. Voluntarily compensate Claimant for ALL costs and attorneys/consultant fees ; and, 4. Resolve ALL claims by Claimant, against Respondent, et al, exclusively and finally through binding arbitration, if necessary, to enforce the above terms, conditions, fees, penalties and damages. Arbitration replaces the right to go to court except to confirm an arbitration award. The arbitration organization that is selected will apply its code or procedure in effect at the time the arbitration is filed, subject to this agreement. The arbitration will be conducted before a single arbitrator. The arbitrator 's authority is limited solely to the Claims between Claimant and Respondent alone. The arbitration will not be consolidated with any other arbitration proceeding. If Claimant prevails in the arbitration of any Claim against Respondent, Respondent will reimburse Claimant for any fees Claimant paid to the arbitration organization in connection with the arbitration. Any decision rendered in such arbitration proceedings Will be final and birding on the parties, and judgment may be entered in a court of competent jurisdiction. This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive any voluntary payment of Claimant 's claim against Respondent, in full, or any bankruptcy by Respondent. \nThis is a private communication and is intended to affect an out-of-court settlement of this matter. Conduct yourself accordingly. Should any provision on this agreement be found to not be enforceable by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become enforceable.\n\n\" Equality under the Law is PARAMOUNT and MANDATORY by Law '' NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL Applicable to all successors and assigns Silence is Acquiescence/Agreement/Dishonor Executed on this 30 day of XXXX, XXXX by, ____________________ You are the second party that has written a letter purporting to represent, or have as your client, XXXX XXXX XXXX, the first was not registered as a debt collector in Florida and they have not answered the debt validation request presented to them. This is Notice that I do not recognize the Respondent from which the Claimant has received a computer generated debt collection attempt, and I must necessarily dispute part, or all, of the alleged debt until the following is received CREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF CLAIM Your company failed to provide all of the following information and submit the appropriate forms and paperwork back to me along with an Affidavit signed In Accordance with 28 U.S.C. 1746 within 30 days from the date of first letter that was sent with receipt with the request for validation and proof of claim. \nXXXX. \nAlleged Name and Address of Creditor XXXX. \nName on File of Alleged Debtor : 3. \nAlleged Account # : Amount of alleged debt : XXXX. \nDate that this alleged debt became/becomes payable : XXXX. \nDate of original charge off or delinquency : XXXX. \nAmount paid if debt was purchased : XXXX. \nPlease attach a copy of any signed agreement alleged debtor/claimant has made with debt collector, or other verifiable proof that debtor/claimant has a contractual obligation to pay debt collector. \nXXXX. \nFurnish a copy of the original promissory note/agreement redacting my social security number to prevent identity theft and state that your client named above is the holder in due course of the note agreement and will produce the original for my own and a judge 's inspection should there be a trial to contest these matters. \nXXXX. Produce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. Such as ; FR 2046 balance sheet ( XXXX # 's XXXX, XXXX, XXXX ), 1099 OID report, S-3/A registration statement, XXXX prospectus, XXXX & XXXX call schedules XXXX. Identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt. \nXXXX. Verified specifically, name ( XXXX ) of person ( XXXX ) assignd as Trustee to handle Corporations affairs and to be held accountable for the actions of the Corporation. Such as CFO and subordinates responsible for debt collections. \nXXXX. Verify as a third party debt collector, you have not purchased evidence of the alleged debt and are proceeding with collection activity in the name of the original maker of the note. \nXXXX. Verify you know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity. \nXXXX. Provide verification from the stated creditor that you are authorized to act for them. \nXXXX. Verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing, which you know is false with the intention that others rely on the written communication to their detriment a violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341.\n\nDisputing the Debt, Fact, The Truth in Lending Act is intended to inform consumers about the cost of credit.\n\nFact, The Truth in Lending Act is intended to protect consumers against abuse and deceit by creditors and I have been abused and deceived so be it.\n\nFact, Affiant is aware and has proof in attachment labeled as exhibit A that corporation name is in violation of 15 USC 1692. ( C ) ( A ). A debt collector may not communicate with a consumer in connection with the collection of any debt.\n\nFact, Affiant is aware and has proof in attachment labeled as exhibit A that corporation name is in violation of 15 USC 1692. ( B ) ( 2 ). Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall not state that such consumer owes any debt.\n\nFact, Affiant is aware and has proof in attachment labeled as exhibit A that corporation name is in violation of 15 USC 1692. ( B ) ( 5 ). Not use any language or symbol on any envelope or in the contents of any Fact, Affiant is aware and has proof in attachment labeled as exhibit A that corporation name is in violation of 15 USC 1692. ( D ) ( 2 ). The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.\n\nFact, Affiant is aware and has proof in attachment labeled as exhibit A that corporation name is in violation of 15 USC 1692. ( B ) ( 5 ). Not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt.\n\nFact, affiant is aware 15 usc 1692i Authorization of Actions that you in are fact a debt buyer have no legal action you can take especially knowing your buying alleged bad debt you do not have the rights to collect attempts or take legal action. \nFact affiant Is aware and has proof buying debt violates 15 usc 6801 protection of nonpublic personal information ( a ) Privacy obligation policy It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic per- sonal information. \n( b ) Financial institutions safeguards In furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards.\n\nFact affiant is aware of violations towards 15 usc 6803 disclosure of institution privacy policy disclosing nonpublic personal information to affiliates and nonaffiliated third parties, consistent with section 6802 of this title, including the categories of information that may be disclosed ; ( 2 ) disclosing nonpublic personal information of persons who have ceased to be customers of the financial institution. \nFact affiant is aware of violations","date_sent_to_company":"2025-12-24T16:24:50.000Z","issue":"Attempts to collect debt not owed","sub_product":"I do not know","zip_code":"33351","tags":null,"has_narrative":true,"complaint_id":"18273604","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"National Credit Adjusters, LLC","date_received":"2025-12-24T16:11:14.000Z","state":"FL","company_public_response":null,"sub_issue":"Debt was result of identity theft"},"highlight":{"complaint_what_happened":["Should any provision on this agreement be found to not be <em>enforceable</em> by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become <em>enforceable</em>."]},"sort":[5.9067554,"18273604"]},{"_index":"complaint-public-v1","_id":"3366240","_score":5.8236556,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"I've mention in the previous certified letters that i am a victim of identity theft, and i my personal information has been leaked on several occasions within more than a decade. I don't use my credit. I know that these accounts aren't mine my name XXXX XXXX is tied up with someone else that has the same exact name as me that you guys are mistaking me for. I've mentioned this several months ago and it seems that you guys aren't fixing the situation with the incorrect addresses & erroneous accounts that you've placed on my credit causing problems, distress in my life. I have listed the erroneous accounts & erroneous addresses which aren't mine. This is the final attempt and i will be pursuing litigation here shortly upon your response. I am only allowing 3 business days to attempt an internal investigation on this dispute. It has been more than 30, 60, 90, 120 days so you are at fault and violating my rights through FACTA, FCRA sections ( FCRA Section 623 ), the accounts and student loans were removed but re-inserted, by law a removed item from my credit report without notifying me in writing within five business days, i'm suing you for violating FCRA Part ( A ) ( 5 ) ( B ) which carries a fine of {$1000.00}. fail to respond to your written disputes within 30 days, a 15-day extension may be granted if they receive information from the creditor within the first 30 days, i can sue you for violating FCRA Section 611 Part ( A ) ( 1 ) which carries a fine of {$1000.00} per e-age your account by updating the date of last activity on your credit report in the hopes of keeping negative information on your account longer, i can sue you for violating FCRA Section 605, which carries a fine of {$1000.00} per violation. The credit history inaccurately, i can sue you for defamation, and financial injury. In The US Court of Appeals, XXXX Circuit, No. 00-15946, Nelson vs. Chase Manhattan for precedent. This violation carries a fine of {$1000.00} per violation. You pull my credit report without my permission, i can sue for injury to my credit report and credit score, which carries a fine of {$1000.00}. ( FRA Section 604 ( A ) ( 3 ). This letter is being sent to you in response to a computer  generated, unsigned letter dated XX/XX/XXXX ( DF793 ), letter received by Claimant from your offices. Be advised that your claim is disputed and validation and proof of claim of the disputed debt is requested in accordance with the Fair Debt Collection Practices Act, 15 USC 1692 and as amended by adding the following new Title 8 USC 802 et seq., and the Fair Credit Billing Act, 15 USC. 1666 et seq. All of which work in conjunction with each other, including the Truth In Lending Act ( TILA ) 15 USC 1601 et seq. It is not now, nor has it ever been, my intention to avoid paying any obligation that is lawfully owed by the Claimant. In order to make arrangements to pay an obligation which may be lawfully owed, please document and verify the debt by complying, in good faith, with this request for validation and return it to me, within thirty ( 30 ) days of receipt of this letter. This is NOT a request for verification or proof of Claimant mailing address, but a request for VALIDATION and PROOF OF CLAIM made pursuant to the above named Titles and Sections. I respectfully request that your offices provide Claimant with competent evidence as per the attached Declaration and Proof of Claim that I have any legal obligation to pay you the unsubstantiated alleged debt. Furthermore you shall cease all verbal communication. No phone calls to the Claimant. At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus, such as, Equifax, XXXX and XXXX prior to validation and proof of claim of the disputed debt, this action might constitute fraud under both Federal and State Laws. Due to this fact ; if any  negative mark is found on any of Claimant credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character Violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341 ( Mail Fraud ) This debt is considered to be invalid until I receive proper validation and your offices provide Claimant with proof of claim of the disputed debt. Your offices have 30 days to produce the required documentation in accordance with FTC guidelines. During this validation period and proof of claim, if any action is taken which could be considered detrimental to any of Claimant credit reports, said action will be considered a dishonor and cause the self-executing contract portion of this notice to be implemented. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated. If your offices fail to respond to this validation and proof of claim request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from Claimant credit file and a copy of such deletion request shall be sent to Claimant immediately. Title 8 USC 809. Validation of debts [ 15 USC 1692g ] ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of Debt Validation Proof of Claim the debt or any 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. XXXX XXXX   XXXX : VERIFICATION. Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition. Counter Claim with Self-executing Contract If Respondent, such as by commission, omission, and otherwise : ( a ) Fails to provide VALIDATION and PROOF OF CLAIM within thirty ( 30 ) days ; ( b ) Makes a false representation of the character of the herein above-referenced alleged debt ; ( c ) Makes a false representation of the legal status of the herein above-referenced alleged debt ; ( d ) Makes any threat of action that can not legally be taken, in violation of any applicable law, such as, the law codified at the Fair Debt Collection Practices Act, will be construed to be Respondents tacit acceptance of the terms and condition stated herein. In which case RESPONDENT agrees to : ( e ) Voluntarily report this account to all credit bureaus as paid as agreed ; and, ( f ) Voluntarily waive all claims against Claimant, their Agent or Heirs with prejudice ; and, ( g ) The matter regarding the alleged debt is finally and totally settled ; and, ( h ) Voluntarily admits the Claimant is the depositor for this account, that Respondent risked none of their assets at any time regarding this account and that they failed to disclose these material facts to Claimant ; and, ( i ) Voluntarily report the date of last activity on this account is the date of this notice. Furthermore, related law, and/or satisfy the above terms and conditions, constitutes RESPONDENTS Breach of Duty and voluntary agreement to compensate Claimant, by certified mail, with a cashiers check within thirty ( 30 ) days of the date of billing by Claimant, their Agent or Heirs, in the following amounts : I ) XXXX XXXX   XXXX ( {$1000.00} ) for each communication made to Claimant or their Agent or Heirs, whether telephonically or in writing, which is not in affidavit form, by a person who has first hand knowledge, regarding Respondents unsubstantiated claim ; and, II ) XXXX XXXX XXXX ( {$50000.00} ) for each transaction initiated by Claimant where Claimants commercial ability is impeded  due to you, your agents or assigns adverse credit reporting ; and, III ) XXXX XXXX XXXX ( {$5000.00} ) for each court appearance Claimant, their Agent or Heirs makes in response to Respondents unsubstantiated claims ; and, IV ) RESPONDENT owes Claimant the balance equal to the purported credit limit on this account, plus interest and fees, for money lent ; and, V ) Three times the alleged claim amount of XXXX XXXX XXXX XXXX XXXX XXXX XXXX dollars ( {$160000.00} ) which equals ( {$490000.00} ) ; and, VI ) XXXX XXXX XXXX  ( {$5000.00} ) per occurrence, for listing or reporting any information to a credit reporting repository which could be considered detrimental to Claimants credit history ; and, VII ) Punitive damages in the amount of ( {$270000.00} ) ; and VIII ) Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs ; fees and expenses incurred in defending against this and any and all continued collection attempts ( by anyone ) re the above- referenced alleged account RESPONDENT also agrees to : 1. Voluntarily authorize Claimant to record a UCC-1 on RESPONDENT as debtor to secure the debt owed Claimant ; and, 2. Voluntarily prove their claim as a RESPONDENT in possession of Claimant property in a involuntary bankruptcy proceeding process ; and, 3. Voluntarily compensate Claimant for ALL costs and attorneys/consultant fees ; and, RESPONDENTS failure to Cease and Desist in accordance with the requirements of the FDCPA and other Debt Validation Proof of Claim 4. Resolve ALL claims by Claimant, against Respondent, et al, exclusively and finally through binding arbitration, if necessary, to enforce the above terms, conditions, fees, penalties and damages. Arbitration replaces the right to go to court except to confirm an arbitration award. The arbitration organization that is selected will apply its code or procedure in effect at the time the arbitration is filed, subject to this agreement. The arbitration will be conducted before a single arbitrator. The arbitrators authority is limited solely to the Claims between Claimant and Respondent alone. The arbitration will not be consolidated with any other arbitration proceeding. If Claimant prevails in the arbitration of any Claim against Respondent, Respondent will reimburse Claimant for any fees Claimant paid to the arbitration organization in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive any voluntary payment of Claimants claim against Respondent, in full, or any bankruptcy by Respondent. This is a private communication and is intended to affect an out-of-court settlement of this matter. Conduct yourself accordingly. Should any provision on this agreement be found to not be enforceable by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become enforceable. Equality under the Law is PARAMOUNT and MANDATORY by Law NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL Applicable to all successors and assigns Silence is Acquiescence/Agreement/Dishonor Executed on this XXXX day of XXXX, XXXX by, XXXX XXXX You are the second party that has written a letter purporting to represent, or have as your client, XXXX XXXX XXXX, the first was not registered as a debt collector in Maine and they have not answered the debt validation request presented to them. This is Notice that I do not recognize the Respondent from which the Claimant has received a computer generated debt collection attempt, and I must necessarily dispute part, or all, of the alleged debt until the following is received ... CREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF CLAIM Please provide all of the following information and submit the appropriate forms and paperwork back to me along with an Affidavit signed In Accordance with 28 U.S.C. 1746 within 30 days from the date of your receipt of this request for validation and proof of claim. 1. Alleged Name and Address of Creditor 2. Name on File of Alleged Debtor : 3. Alleged Account # : 4. Amount of alleged debt : 5. Date that this alleged debt became/becomes payable : 6. Date of original charge off or delinquency : 7. Amount paid if debt was purchased : 8. Please attach a copy of any signed agreement alleged debtor/claimant has made with debt collector, or other verifiable proof that debtor/claimant has a contractual obligation to pay debt collector. 9. Furnish a copy of the original promissory note/agreement redacting my social security number to prevent identity theft and state that your client named above is the holder in due course of the note agreement and will produce the original for my own and a judges inspection should there be a trial to contest these matters. Debt Validation Proof of Claim Mertha 10. Produce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. Such as ; FR 2046 balance sheet ( OMB # s 2046, 2049, 2099 ), 1099 OID report, S-3/A registration statement, 424-B5 prospectus, RC-S & RC-B call schedules 11. Identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt. 12. Verified specifically, name ( s ) of person ( s ) assigned as Trustee to handle Corporations affairs and to be held accountable for the actions of the Corporation. Such as CFO and subordinates responsible for debt collections. 13. Verify as a third party debt collector, you have not purchased evidence of the alleged debt and are proceeding with collection activity in the name of the original maker of the note. 14. Verify you know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity. 15. Provide verification from the stated creditor that you are authorized to act for them. 16. Verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing, which you know is false with the intention that others rely on the written  communication to their detriment a violation of United States Code TITLE 18 PART 1 CHAPTER XXXX XXXX. Disputing the Debt, Dated this XXXX  day of XXXX, XXXX. By : XXXX XXXX XXXX. Erroneous Account : XXXX/DEPT Of Ed {$6600.00}, # {$6300.00}, # {$4500.00}, # {$3500.00}.","date_sent_to_company":"2019-09-07T05:49:16.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"33023","tags":null,"has_narrative":true,"complaint_id":"3366240","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2019-09-07T01:49:13.000Z","state":"FL","company_public_response":null,"sub_issue":"Account information incorrect"},"highlight":{"complaint_what_happened":["Should any provision on this agreement be found to not be <em>enforceable</em> by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become <em>enforceable</em>."]},"sort":[5.8236556,"3366240"]},{"_index":"complaint-public-v1","_id":"3367188","_score":5.815608,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"I've mentioned this several months ago and it seems that you guys aren't fixing the situation with the incorrect addresses & erroneous accounts that you've placed on my credit causing problems, distress in my life. I have listed the erroneous accounts & erroneous addresses which aren't mine. This is the final attempt and i will be pursuing litigation here shortly upon your response. I am only allowing 3 business days to attempt an internal investigation on this dispute. It has been more than 30, 60, 90, 120 days so you are at fault and violating my rights through FACTA, FCRA sections ( FCRA Section 623 ), the accounts and student loans were removed but re-inserted, by law a removed item from my credit report without notifying me in writing within five business days, i'm suing you for violating FCRA Part ( A ) ( 5 ) ( B ) which carries a fine of {$1000.00}. fail to respond to your written disputes within 30 days, a 15-day extension may be granted if they receive information from the creditor within the first 30 days, i can sue you for violating FCRA Section 611 Part ( A ) ( 1 ) which carries a fine of {$1000.00} per e-age your account by updating the date of last activity on your credit report in the hopes of keeping negative information on your account longer, i can sue you for violating FCRA Section 605, which carries a fine of {$1000.00} per violation. The credit history inaccurately, i can sue you for defamation, and financial injury. In The US Court of Appeals, Ninth Circuit, No. 00-15946, XXXX vs. XXXX XXXX for precedent. This violation carries a fine of {$1000.00} per violation. You pull my credit report without my permission, i can sue for injury to my credit report and credit score, which carries a fine of {$1000.00}. ( FRA Section 604 ( A ) ( 3 ). This letter is being sent to you in response to a computer generated, unsigned letter dated XX/XX/XXXX ( XXXX ), letter received by Claimant from your offices. Be advised that your claim is disputed and validation and proof of claim of the disputed debt is requested in accordance with the Fair Debt Collection Practices Act, 15 USC 1692 and as amended by adding the following new Title 8 USC 802 et seq., and the Fair Credit Billing Act, 15 USC. 1666 et seq. All of which work in conjunction with each other, including the Truth In Lending Act ( TILA ) 15 USC 1601 et seq. It is not now, nor has it ever been, my intention to avoid paying any obligation that is lawfully owed by the Claimant. In order to make arrangements to pay an obligation which may be lawfully owed, please document and verify the debt by complying, in good faith, with this request for validation and return it to me, within thirty ( 30 ) days of receipt of this letter. This is NOT a request for verification or proof of Claimant mailing address, but a request for VALIDATION and PROOF OF CLAIM made pursuant to the above named Titles and Sections. I respectfully request that your offices provide Claimant with competent evidence as per the attached Declaration and Proof of Claim that I have any legal obligation to pay you the unsubstantiated alleged debt. Furthermore you shall cease all verbal communication. No phone calls to the Claimant. At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus, such as, Equifax, XXXX and XXXX  prior to validation and proof of claim of the disputed debt, this action might constitute fraud under both Federal and State Laws. Due to this fact ; if any negative mark is found on any of Claimant credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character Violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341 ( Mail Fraud ) This debt is considered to be invalid until I receive proper validation and your offices provide Claimant with proof of claim of the disputed debt. Your offices have 5 days to produce the required documentation in accordance with FTC guidelines. During this validation period and proof of claim, if any action is taken which could be considered detrimental to any of Claimant credit reports, said action will be considered a dishonor and cause the self-executing contract portion of this notice to be implemented. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated. If your offices fail to respond to this validation and proof of claim request within 3 days from the date of your receipt as an internal dispute, all references to this account must be deleted and completely removed from Claimant credit file and a copy of such deletion request shall be sent to Claimant immediately. Title 8 USC 809. Validation of debts [ 15 USC 1692g ] ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of Debt Validation Proof of Claim the debt or any 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. XXXX XXXX XXXX : VERIFICATION. Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition. Counter Claim with Self-executing Contract If Respondent, such as by commission, omission, and otherwise : ( a ) Fails to provide VALIDATION and PROOF OF CLAIM within thirty ( 30 ) days ; ( b ) Makes a false representation of the character of the herein above-referenced alleged debt ; ( c ) Makes a false representation of the legal status of the herein above-referenced alleged debt ; ( d ) Makes any threat of action that can not legally be taken, in violation of any applicable law, such as, the law codified at the Fair Debt Collection Practices Act, will be construed to be Respondents tacit acceptance of the terms and condition stated herein. In which case RESPONDENT agrees to : ( e ) Voluntarily report this account to all credit bureaus as paid as agreed ; and, ( f ) Voluntarily waive all claims against Claimant, their Agent or Heirs with prejudice ; and, ( g ) The matter regarding the alleged debt is finally and totally settled ; and, ( h ) Voluntarily admits the Claimant is the depositor for this account, that Respondent risked none of their assets at any time regarding this account and that they failed to disclose these material facts to Claimant ; and, ( i ) Voluntarily report the date of last activity on this account is the date of this notice. Furthermore, related law, and/or satisfy the above terms and conditions, constitutes RESPONDENTS Breach of Duty and voluntary agreement to compensate Claimant, by certified mail, with a cashiers check within thirty ( 30 ) days of the date of billing by Claimant, their Agent or Heirs, in the following amounts : I ) XXXX XXXX Dollars ( {$1000.00} ) for each communication made to Claimant or their Agent or Heirs, whether telephonically or in writing, which is not in affidavit form, by a person who has first hand knowledge, regarding Respondents unsubstantiated claim ; and, II ) XXXX XXXX Dollars ( {$50000.00} ) for each transaction initiated by Claimant where Claimants commercial ability is impeded due to you, your agents or assigns adverse credit reporting ; and, III ) XXXX XXXX Dollars ( {$5000.00} ) for each court appearance Claimant, their Agent or Heirs makes in response to Respondents unsubstantiated claims ; and, IV ) RESPONDENT owes Claimant the balance equal to the purported credit limit on this account, plus interest and fees, for money lent ; and, V ) Three times the alleged claim amount of XXXX XXXX XXXX XXXX XXXX XXXX XXXX dollars ( {$160000.00} ) which equals ( {$490000.00} ) ; and, VI ) XXXX XXXX Dollars ( {$5000.00} ) per occurrence, for listing or reporting any information to a credit reporting repository which could be considered detrimental to Claimants credit history ; and, VII ) Punitive damages in the amount of ( {$270000.00} ) ; and VIII ) Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs ; fees and expenses incurred in defending against this and any and all continued collection attempts ( by anyone ) re the above- referenced alleged account RESPONDENT also agrees to : 1. Voluntarily authorize Claimant to record a UCC-1 on RESPONDENT as debtor to secure the debt owed Claimant ; and, 2. Voluntarily prove their claim as a RESPONDENT in possession of Claimant property in a involuntary bankruptcy proceeding process ; and, 3. Voluntarily compensate Claimant for ALL costs and attorneys/consultant fees ; and, RESPONDENTS failure to Cease and Desist in accordance with the requirements of the FDCPA and other Debt Validation Proof of Claim 4. Resolve ALL claims by Claimant, against Respondent, et al, exclusively and finally through binding arbitration, if necessary, to enforce the above terms, conditions, fees, penalties and damages. Arbitration replaces the right to go to court except to confirm an arbitration award. The arbitration organization that is selected will apply its code or procedure in effect at the time the arbitration is filed, subject to this agreement. The arbitration will be conducted before a single arbitrator. The arbitrators authority is limited solely to the Claims between Claimant and Respondent alone. The arbitration will not be consolidated with any other arbitration proceeding. If Claimant prevails in the arbitration of any Claim against Respondent, Respondent will reimburse Claimant for any fees Claimant paid to the arbitration organization in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive any voluntary payment of Claimants claim against Respondent, in full, or any bankruptcy by Respondent. This is a private communication and is intended to affect an out-of-court settlement of this matter. Conduct yourself accordingly. Should any provision on this agreement be found to not be enforceable by order of a court of competent jurisdiction, it  shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become enforceable. Equality under the Law is PARAMOUNT and MANDATORY by Law NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL Applicable to all successors and assigns Silence is Acquiescence/Agreement/Dishonor Executed on this XX/XX/XXXX by, XXXX You are the second party that has written a letter purporting to represent, or have as your client, XXXX XXXX XXXX, the first was not registered as a debt collector in Maine and they have not answered the debt validation request presented to them. This is Notice that I do not recognize the Respondent from which the Claimant has received a computer generated debt collection attempt, and I must necessarily dispute part, or all, of the alleged debt until the following is received ... CREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF CLAIM Please provide all of the following information and submit the appropriate forms and paperwork back to me along with an Affidavit signed In Accordance with 28 U.S.C. 1746 within 30 days from the date of your receipt of this request for validation and proof of claim. 1. Alleged Name and Address of Creditor 2. Name on File of Alleged Debtor : 3. Alleged Account # : 4. Amount of alleged debt : 5. Date that this alleged debt became/becomes payable : 6. Date of original charge off or delinquency : 7. Amount paid if debt was purchased : 8. Please attach a copy of any signed  agreement alleged debtor/claimant has made with debt collector, or other verifiable proof that debtor/claimant has a contractual obligation to pay debt collector. 9. Furnish a copy of the original promissory note/agreement redacting my social security number to prevent identity theft and state that your client named above is the holder in due course of the note agreement and will produce the original for my own and a judges inspection should there be a trial to contest these matters. Debt Validation Proof of Claim XXXX XXXX XXXX 10. Produce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. Such as ; FR 2046 balance sheet ( OMB # s 2046, 2049, 2099 ), 1099 OID report, S-3/A registration statement, 424-B5 prospectus, RC-S & RC-B call schedules 11. Identify by name and address all persons,  corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt. 12. Verified specifically, name ( s ) of person ( s ) assigned as Trustee to handle Corporations affairs and to be held accountable for the actions of the Corporation. Such as CFO and subordinates responsible for debt collections. 13. Verify as a third party debt collector, you have not purchased evidence of the alleged debt and are proceeding with collection activity in the name of the original maker of the note. 14. Verify you know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity. 15. Provide verification from the stated creditor that you are authorized to act for them. 16. Verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing, which you know is false with the intention that others rely on the written communication to their detriment a violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341. Disputing the Debt, Dated thisXX/XX/XXXX. XXXX XXXX XXXX. \nFAULEND ACCOUNT : EQUIFAX 1. XXXX/DEPT OF EDU","date_sent_to_company":"2019-09-08T09:04:15.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"33023","tags":null,"has_narrative":true,"complaint_id":"3367188","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2019-09-08T08:48:44.000Z","state":"FL","company_public_response":null,"sub_issue":"Information belongs to someone else"},"highlight":{"complaint_what_happened":["Should any provision on this agreement be found to not be <em>enforceable</em> by order of a court of competent jurisdiction, it  shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become <em>enforceable</em>."]},"sort":[5.815608,"3367188"]},{"_index":"complaint-public-v1","_id":"3351161","_score":5.815608,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"I have contacted this company through certified letters in XX/XX/2019. I have also contacted them on the phone and through mail. I haven't receive anything showing me a dispute or anything in that nature. By law i was suppose to receive something as early as 30 days after the first letter was sent in XX/XX/2019. I am sending this letter as of my final attempt to fairly allow you to do your job and kindly remove the errors that are reporting on my credit report. I've mentioned that i am a victim of identity theft. My information was also leaked in several breaches over the years but a recent one a few weeks in XX/XX/2019. Since it comes to my attention that you aren't responding maybe we should settle in court, which will work for me and i won't be wasting my time. I complied the evidence and paper work during the time when i sent in my letters and more. \n\nThis letter is being sent to you in response to a computer generated, unsigned letter dated XX/XX/2019 ( XXXX ),  letter received by Claimant from your offices. Be advised that your claim is disputed and validation and proof of claim of the disputed debt is requested in accordance with the Fair Debt Collection Practices Act, 15 USC 1692 and as amended by adding the following new Title 8 USC 802 et seq., and the Fair Credit Billing Act, 15 USC. 1666 et seq. All of which work in conjunction with each other, including the Truth In Lending Act ( TILA ) 15 USC 1601 et seq. It is not now, nor has it ever been, my intention to avoid paying any obligation that is lawfully owed by the Claimant. In order to make arrangements to pay an obligation which may be lawfully owed, please document and verify the debt by complying, in good faith, with this request for validation and return it to me, within thirty ( 30 ) days of receipt of this letter.\n\nThis is NOT a request for verification or proof of Claimant mailing address, but a request for VALIDATION and PROOF OF CLAIM made pursuant to the above named Titles and Sections. I respectfully request that your offices provide Claimant with competent evidence as per the attached Declaration and Proof of Claim that I have any legal obligation to pay you the unsubstantiated alleged debt. Furthermore you shall cease all verbal communication. No phone calls to the Claimant.\n\nAt this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus, such as, XXXX, XXXX and XXXX prior to validation and proof of claim of the disputed debt, this action might constitute fraud under both Federal and State Laws. Due to this fact ; if any negative mark is found on any of Claimant credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character Violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341 ( Mail Fraud ) This debt is considered to be invalid until I receive proper validation and your offices provide Claimant with proof of claim of the disputed debt. Your offices have 30 days to produce the required documentation in accordance with FTC guidelines. During this validation period and proof of claim, if any action is taken which could be considered detrimental to any of Claimant credit reports, said action will be considered a dishonor and cause the self-executing contract portion of this notice to be implemented. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated.\n\nIf your offices fail to respond to this validation and proof of claim request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from Claimant credit file and a copy of such deletion request shall be sent to Claimant immediately.\n\nTitle 8 USC 809. Validation of debts [ 15 USC 1692g ] ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of Debt Validation Proof of Claim XXXX XXXX the debt or any 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. \nBLACKS LAW DICTIONARY : VERIFICATION. Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition. \nCounter Claim with Self-executing Contract If Respondent, such as by commission, omission, and otherwise : ( a ) Fails to provide VALIDATION and PROOF OF CLAIM within thirty ( 30 ) days ; ( b ) Makes a false representation of the character of the herein above-referenced alleged debt ; ( c ) Makes a false representation of the legal status of the herein above-referenced alleged debt ; ( d ) Makes any threat of action that can not legally be taken, in violation of any applicable law, such as, the law codified at the Fair Debt Collection Practices Act, will be construed to be Respondents tacit acceptance of the terms and condition stated herein. In which case RESPONDENT agrees to : ( e ) Voluntarily report this account to all credit bureaus as paid as agreed ; and, ( f ) Voluntarily waive all claims against Claimant, their Agent or Heirs with prejudice ; and, ( g ) The matter regarding the alleged debt is finally and totally settled ; and, ( h ) Voluntarily admits the Claimant is the depositor for this account, that Respondent risked none of their assets at any time regarding this account  and that they failed to disclose these material facts to Claimant ; and, ( i ) Voluntarily report the date of last activity on this account is the date of this notice. \nFurthermore, related law, and/or satisfy the above terms and conditions, constitutes RESPONDENTS Breach of Duty and voluntary agreement to compensate Claimant, by certified mail, with a cashiers check within thirty ( 30 ) days of the date of billing by Claimant, their Agent or Heirs, in the following amounts : I ) XXXX XXXX Dollars ( {$1000.00} ) for each communication made to Claimant or their Agent or Heirs, whether telephonically or in writing, which is not in affidavit form, by a person who has first hand knowledge, regarding Respondents unsubstantiated claim ; and, II ) XXXX XXXX Dollars ( {$50000.00} ) for each transaction initiated by Claimant where Claimants commercial ability is impeded due to you, your agents or assigns adverse credit reporting ; and, III ) XXXX XXXX Dollars ( {$5000.00} ) for each court appearance Claimant, their Agent or Heirs makes in response to Respondents unsubstantiated claims ; and, IV )  RESPONDENT owes Claimant the balance equal to the purported credit limit on this account, plus interest and fees, for money lent ; and, V ) Three times the alleged claim amount of XXXX XXXX XXXX XXXX XXXX XXXX XXXX dollars ( {$160000.00} ) which equals ( {$490000.00} ) ; and, VI ) XXXX XXXX Dollars ( {$5000.00} ) per occurrence, for listing or reporting any information to a credit reporting repository which could be considered detrimental to Claimants credit history ; and, VII ) Punitive damages in the amount of ( {$270000.00} ) ; and VIII ) Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs ; fees and expenses incurred in defending against this and any and all continued collection attempts ( by anyone ) re the above- referenced alleged account RESPONDENT also agrees to : 1. Voluntarily authorize Claimant to record a UCC-1 on RESPONDENT as debtor to secure the debt owed Claimant ; and, 2. Voluntarily prove their claim as a RESPONDENT in possession of Claimant property in a involuntary bankruptcy proceeding process ; and, 3. Voluntarily compensate Claimant for ALL costs and attorneys/consultant fees ; and, RESPONDENTS failure to Cease and Desist in accordance with the requirements of the FDCPA and other Debt Validation Proof of Claim XXXX XXXX 4. Resolve ALL claims by Claimant, against Respondent, et al, exclusively and finally through binding arbitration, if necessary, to enforce the above terms, conditions, fees, penalties and damages. Arbitration replaces the right to go to court except to confirm an arbitration award. The arbitration organization that is selected will apply its code or procedure in effect at the time the arbitration is filed, subject to this agreement. The arbitration will be conducted before a single arbitrator. The arbitrators authority is limited solely to the Claims between Claimant and Respondent alone. The arbitration will not be consolidated with any other arbitration proceeding. If Claimant prevails in the arbitration of any Claim against Respondent, Respondent will reimburse Claimant for  any fees Claimant paid to the arbitration organization in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive any voluntary payment of Claimants claim against Respondent, in full, or any bankruptcy by Respondent.\n\nThis is a private communication and is intended to affect an out-of-court settlement of this matter. Conduct yourself accordingly. Should any provision on this agreement be found to not be enforceable by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become enforceable. \nEquality under the Law is PARAMOUNT and MANDATORY by Law NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL Applicable to all successors and assigns Silence is Acquiescence/Agreement/Dishonor Executed on this 22 day of XX/XX/2019 by, XXXX XXXX You are the second party that has written a letter purporting to represent, or have as your client, XXXX XXXX XXXX, the first was not registered as a debt collector in Maine and they have not answered the debt validation request presented to them. This is Notice that I do not recognize the Respondent from which the Claimant has received a computer generated debt collection attempt, and I must necessarily dispute part, or all, of the alleged debt until the following is received ... \nCREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF CLAIM Please provide all of the following information and submit the appropriate forms and paperwork back to me along with an Affidavit signed In Accordance with 28 U.S.C. 1746 within 30 days from the date of your receipt of this request for validation and proof of claim.\n\n1. Alleged Name and Address of Creditor 2. Name on File of Alleged Debtor : 3. Alleged Account # : 4. Amount of alleged debt : 5. Date that this alleged debt became/becomes payable : 6. Date of original charge off or delinquency : 7. Amount paid if debt was purchased : 8. Please attach a copy of any signed agreement alleged debtor/claimant has made with debt collector, or other verifiable proof that debtor/claimant has a contractual obligation to pay debt collector.\n\n9. Furnish a copy of the original promissory note/agreement redacting my social security number to prevent identity theft and state that your client named above is the holder in due course of the note agreement and will produce the original for my own and a judges inspection should there be a trial to contest these matters.\n\nDebt Validation Proof of Claim 10. Produce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. Such as ; FR 2046 balance sheet ( OMB # s 2046, 2049, 2099 ), 1099 OID report, S-3/A registration statement, 424-B5 prospectus, RC-S & RC-B call schedules 11. Identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt.\n\n12. Verified specifically, name ( s ) of person ( s ) assigned as Trustee to handle Corporations affairs and to be held accountable for the actions of the Corporation. Such as CFO and subordinates responsible for debt collections.\n\n13. Verify as a third party debt collector, you have not purchased evidence of the alleged debt and are proceeding with collection activity in the name of the original maker of the note.\n\n14. Verify you know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity.\n\n15. Provide verification from the stated creditor that you are authorized to act for them.\n\n16. Verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing, which you know is false with the intention that others rely on the written communication to their detriment a violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341.\n\nDisputing the Debt, Dated this XX/XX/2019. \nBy : XXXX ERRONEOUS/IDENTITY THEFT/ : INNOVIS - XXXX - XXXX XXXX 1. XXXX XXXX # XXXX 2.  XXXX XXXX # XXXX 3. DEPT OF ED/XXXX # XXXX 4. 5.  XXXX XXXX # XXXX 6. DEPT OF ED/XXXX  # XXXX 7.  DEPT OF ED/XXXX  # XXXX 8. DEPT OF ED/XXXX # XXXX 9. DEPT OF ED/XXXX # XXXX 10. DEPT OF  ED/XXXX # XXXX 11. DEPT OF ED/XXXX # XXXX 12. DEPT OF ED/XXXX  # XXXX 13. INCORRECT ADDRESS : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX FL XXXX.","date_sent_to_company":"2019-08-23T07:57:05.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"30350","tags":null,"has_narrative":true,"complaint_id":"3351161","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Innovis","date_received":"2019-08-23T02:50:26.000Z","state":"GA","company_public_response":null,"sub_issue":"Information belongs to someone else"},"highlight":{"complaint_what_happened":["Should any provision on this agreement be found to not be <em>enforceable</em> by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become <em>enforceable</em>."]},"sort":[5.815608,"3351161"]},{"_index":"complaint-public-v1","_id":"3366242","_score":5.807811,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"I've mention in the previous certified letters that i am a victim of identity theft, and i my personal information has been leaked on several occasions within more than a decade. I don't use my credit. I know that these accounts aren't mine my name XXXX XXXX is tied up with someone else that has the same exact name as me that you guys are mistaking me for. I've mentioned this several months ago and it seems that you guys aren't fixing the situation with the incorrect addresses & erroneous accounts that you've placed on my credit causing problems, distress in my life. I have listed the erroneous accounts & erroneous addresses which aren't mine. This is the final attempt and i will be pursuing litigation here shortly upon your response. I am only allowing 3 business days to attempt an internal investigation on this dispute. It has been more than 30, 60, 90, 120 days so you are at fault and violating my rights through FACTA,  FCRA sections ( FCRA Section 623 ), the accounts and student loans were removed but re-inserted, by law a removed item from my credit report without notifying me in writing within five business days, i'm suing you for violating FCRA Part ( A ) ( 5 ) ( B ) which carries a fine of {$1000.00}. fail to respond to your written disputes within 30 days, a 15-day extension may be granted if they receive information from the creditor within the first 30 days, i can sue you for violating FCRA Section 611 Part ( A ) ( 1 ) which carries a fine of {$1000.00} per e-age your account by updating the date of last activity on your credit report in the hopes of keeping negative information on your account longer, i can sue you for violating FCRA Section 605, which carries a fine of {$1000.00} per violation. The credit history inaccurately, i can sue you for defamation, and financial injury. In The US Court of Appeals, XXXX Circuit, No. 00-15946, Nelson vs. Chase Manhattan for precedent. This violation carries a fine of {$1000.00} per violation. You pull my credit report without my  permission, i can sue for injury to my credit report and credit score, which carries a fine of {$1000.00}. ( FRA Section 604 ( A ) ( 3 ). This letter is being sent to you in response to a computer generated, unsigned letter dated XX/XX/XXXX ( XXXX ), letter received by Claimant from your offices. Be advised that your claim is disputed and validation and proof of claim of the disputed debt is requested in accordance with the Fair Debt Collection Practices Act, 15 USC 1692 and as amended by adding the following new Title 8 USC 802 et seq., and the Fair Credit Billing Act, 15 USC. 1666 et seq. All of which work in conjunction with each other, including the Truth In Lending Act ( TILA ) 15 USC 1601 et seq. It is not now, nor has it ever been, my intention to avoid paying any obligation that is lawfully owed by the Claimant. In order to make arrangements to pay an obligation which may be lawfully owed, please document and verify the debt by complying, in good faith, with this request for validation and return it to me, within thirty ( 30 ) days of receipt of this letter. This is NOT a request for verification or proof of Claimant mailing address, but a request for VALIDATION and PROOF OF CLAIM made pursuant to the above named Titles and Sections. I respectfully request that your offices provide Claimant with competent evidence as per the attached Declaration and Proof of Claim that I have any legal obligation to pay you the unsubstantiated alleged debt. Furthermore you shall cease all verbal communication. No phone calls to the Claimant. At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus, such as, Equifax, XXXX and XXXX prior to validation and proof of claim of the disputed debt, this action might constitute fraud under both Federal and State Laws. Due to this fact ; if any negative mark is found on any of Claimant credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character Violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341 ( Mail Fraud ) This debt is considered to be invalid until I receive proper validation and your offices provide Claimant with proof of claim of the disputed debt. Your offices have 30 days to produce the required documentation in accordance with FTC guidelines. During this validation period and proof of claim, if any action is taken which could be considered detrimental to any of Claimant credit reports, said action will be considered a dishonor and cause the self-executing contract portion of this notice to be implemented. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated. If your offices fail to respond to this validation and proof of claim request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from Claimant credit file and a copy of such deletion request shall be sent to Claimant immediately. Title 8 USC 809. Validation of debts [ 15 USC 1692g ] ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of Debt Validation Proof of Claim the debt or any 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. XXXX XXXX XXXX : VERIFICATION. Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition. Counter Claim with Self-executing Contract If Respondent, such as by commission, omission, and otherwise : ( a ) Fails to provide VALIDATION and PROOF OF CLAIM within thirty ( 30 ) days ; ( b ) Makes a false representation of the character of the herein above-referenced alleged debt ; ( c ) Makes a false representation of the legal status of the herein above-referenced alleged debt ; ( d ) Makes any threat of action that can not legally be taken, in violation of any applicable law, such as, the law codified at the Fair Debt Collection Practices Act, will be construed to be Respondents tacit acceptance of the terms and condition stated herein. In which case RESPONDENT agrees to : ( e ) Voluntarily report this account to all credit bureaus as paid as agreed ; and, ( f ) Voluntarily waive all claims against Claimant, their Agent or Heirs with prejudice ; and, ( g ) The matter regarding the alleged debt is finally and totally settled ; and, ( h ) Voluntarily admits the Claimant is the depositor for this account, that Respondent risked none of their assets at any time regarding this account and that they failed to disclose these material facts to Claimant ; and, ( i ) Voluntarily report the date of last activity on this account is the date of this notice. Furthermore, related law, and/or satisfy the above terms and conditions, constitutes RESPONDENTS Breach of Duty and voluntary agreement to compensate Claimant, by certified mail, with a cashiers check within thirty ( 30 ) days of the date of billing by Claimant, their Agent or Heirs, in the following amounts : I ) XXXX XXXX XXXX ( {$1000.00} ) for each communication made to Claimant or their Agent or Heirs, whether telephonically or in writing, which is not in affidavit form, by a person who has first hand knowledge, regarding Respondents unsubstantiated claim ; and, II ) XXXX XXXX XXXX ( {$50000.00} ) for each transaction initiated by Claimant where Claimants commercial ability is impeded due to you, your agents or assigns adverse credit reporting ; and, III ) XXXX XXXX XXXX ( {$5000.00} ) for each court appearance Claimant, their Agent or Heirs makes in response to Respondents unsubstantiated claims ; and, IV ) RESPONDENT owes Claimant the balance equal to the purported credit limit on this account, plus interest and fees, for money lent ; and, V ) Three times the alleged claim amount of XXXX XXXX XXXX XXXX XXXX XXXX XXXX dollars ( {$160000.00} ) which equals ( {$490000.00} ) ; and, VI ) XXXX XXXX XXXX ( {$5000.00} ) per occurrence, for listing or reporting any information to a credit reporting repository which could be considered detrimental to Claimants credit history ; and, VII ) Punitive damages in the amount of ( {$270000.00} ) ; and VIII ) Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs ; fees and expenses incurred in defending against this and any and all continued collection attempts ( by anyone ) re the above- referenced alleged account RESPONDENT also agrees to : 1. Voluntarily authorize Claimant to record a UCC-1 on RESPONDENT as debtor to secure the debt owed Claimant ; and, 2. Voluntarily prove their claim as a RESPONDENT in possession of Claimant property in a involuntary bankruptcy proceeding process ; and, XXXX. Voluntarily compensate Claimant for ALL costs and attorneys/consultant fees ; and, RESPONDENTS failure to Cease and Desist in accordance with the requirements of the FDCPA and other Debt Validation Proof of Claim 4. Resolve ALL claims by Claimant, against Respondent, et al, exclusively and finally through binding arbitration, if necessary, to enforce the above terms, conditions, fees, penalties and damages. Arbitration replaces the right to go to court except to confirm an arbitration award. The arbitration organization that is selected will apply its code or procedure in effect at the time the arbitration is filed, subject to this agreement. The arbitration will be conducted before a single arbitrator. The arbitrators authority is limited solely to the Claims between Claimant and Respondent alone. The arbitration will not be consolidated with any other arbitration proceeding. If Claimant prevails in the arbitration of any Claim against Respondent, Respondent will reimburse Claimant for any fees Claimant paid to the arbitration organization in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive any voluntary payment of Claimants claim against Respondent, in full, or any bankruptcy by Respondent. This is a private communication and is intended to affect an out-of-court settlement of this matter. Conduct yourself accordingly. Should any provision on this agreement be found to not be enforceable by order of a court of competent jurisdiction, it shall not  adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become enforceable. Equality under the Law is PARAMOUNT and MANDATORY by Law NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL Applicable to all successors and assigns Silence is Acquiescence/Agreement/Dishonor Executed on this XXXX day of XXXX, XXXX by, XXXX XXXX You are the second party that has written a letter purporting to represent, or have as your client, XXXX XXXX XXXX, the first was not registered as a debt collector in Maine and they have not answered the debt validation request presented to them. This is Notice that I do not recognize the Respondent from which the Claimant has received a computer generated debt collection attempt, and I must necessarily dispute part, or all, of the alleged debt until the following is received ... CREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF CLAIM Please provide all of the following information and submit the appropriate forms and paperwork back to me along with an Affidavit signed In Accordance with 28 U.S.C. 1746 within 30 days from the date of your receipt of this request for validation and proof of claim. 1. Alleged Name and Address of Creditor 2. Name on File of Alleged Debtor : 3. Alleged Account # : 4. Amount of alleged debt : 5. Date that this alleged debt became/becomes payable : 6. Date of original charge off or delinquency : 7. Amount paid if debt was purchased : 8. Please attach a copy of any signed agreement alleged debtor/claimant has made with debt collector, or other verifiable proof that debtor/claimant has a contractual obligation to pay debt collector. 9. Furnish a copy of the original promissory note/agreement redacting my social security number to prevent identity theft and state that your client named above is the holder in due course of the note agreement and will produce the original for my own and a judges inspection should there be a trial to contest these matters. Debt Validation Proof of Claim Mertha 10. Produce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. Such as ; FR 2046 balance sheet ( OMB # s 2046, 2049, 2099 ), 1099 OID report, S-3/A registration statement, 424-B5 prospectus, RC-S & RC-B call schedules 11. Identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt. 12. Verified specifically, name ( s ) of person ( s ) assigned as Trustee to handle Corporations affairs and to be held accountable for the actions of the Corporation. Such as CFO and subordinates responsible for debt collections. 13. Verify as a third party debt collector, you have not purchased evidence of the alleged debt and are proceeding with collection activity in the name of the original maker of the note. 14. Verify you  know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity. 15. Provide verification from the stated creditor that you are authorized to act for them. 16. Verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing, which you know is false with the intention that others rely on the written communication to their detriment a violation of United States Code TITLE 18 PART 1 CHAPTER XXXX XXXX. Disputing the Debt, Dated this XXXX day of XXXX, XXXX. By : XXXX XXXX XXXX. Erroneous Account : XXXX/DEPT Of Ed {$6600.00}, # {$6300.00}, # {$4500.00}, # {$3500.00}.","date_sent_to_company":"2019-09-07T05:49:16.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"33023","tags":null,"has_narrative":true,"complaint_id":"3366242","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2019-09-07T01:49:13.000Z","state":"FL","company_public_response":null,"sub_issue":"Account information incorrect"},"highlight":{"complaint_what_happened":["Should any provision on this agreement be found to not be <em>enforceable</em> by order of a court of competent jurisdiction, it shall not  adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become <em>enforceable</em>."]},"sort":[5.807811,"3366242"]},{"_index":"complaint-public-v1","_id":"3367189","_score":5.7971168,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"I've mentioned this several months ago and it seems that you guys aren't fixing the situation with the incorrect addresses & erroneous accounts that you've placed on my credit causing problems, distress in my life. I have listed the erroneous accounts & erroneous addresses which aren't mine. This is the final attempt and i will be pursuing litigation here shortly upon your response. I am only allowing 3 business days to attempt an internal investigation on this dispute. It has been more than 30, 60, 90, 120 days so you are at fault and violating my rights through FACTA, FCRA sections ( FCRA Section 623 ), the accounts and student loans were removed but re-inserted, by law a removed item from my credit report without notifying me in writing within five business days, i'm suing you for violating FCRA Part ( A ) ( 5 ) ( B ) which carries a fine of {$1000.00}. fail to respond to your written disputes within 30 days, a 15-day extension may be granted if they receive information from the creditor within the first 30 days, i can sue you for violating FCRA Section 611 Part ( A ) ( 1 ) which carries a fine of {$1000.00} per e-age your account by updating the date of last activity on your credit report in the hopes of keeping negative information on your account longer, i can sue you for violating FCRA Section 605, which carries a fine of {$1000.00} per violation. The credit history inaccurately, i can sue you for defamation, and financial injury. In The US Court of Appeals, Ninth Circuit, No. 00-15946, Nelson vs. Chase Manhattan for  precedent. This violation carries a fine of {$1000.00} per violation. You pull my credit report without my permission, i can sue for injury to my credit report and credit score, which carries a fine of {$1000.00}. ( FRA Section 604 ( A ) ( 3 ). This letter is being sent to you in response to a computer generated, unsigned letter dated XX/XX/XXXX ( XXXX ), letter received by Claimant from your offices. Be advised that your claim is disputed and validation and proof of claim of the disputed debt is requested in accordance with the Fair Debt Collection Practices Act, 15 USC 1692 and as amended by adding the following new Title 8 USC 802 et seq., and the Fair Credit Billing Act, 15 USC. 1666 et seq. All of which work in conjunction with each other, including the Truth In Lending Act ( TILA ) 15 USC 1601 et seq. It is not now, nor has it ever been, my intention to avoid paying any obligation that is lawfully owed by the Claimant. In order to make arrangements to pay an obligation which may be lawfully owed, please document and verify the debt by complying, in good faith, with this request for validation and return it to me, within thirty ( 30 ) days of receipt of this letter. This is NOT a request for verification or proof of Claimant mailing address, but a request for VALIDATION and PROOF OF CLAIM made pursuant to the above named Titles and Sections. I respectfully request that your offices provide Claimant with competent evidence as per the attached Declaration and Proof of Claim that I have any legal obligation to pay you the unsubstantiated alleged debt. Furthermore you shall cease all verbal communication. No phone calls to the Claimant. At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus, such as, Equifax, XXXX and XXXX prior to validation and proof of claim of the disputed debt, this action might constitute fraud under both Federal and State Laws. Due to this fact ; if any negative mark is found on any of Claimant credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character Violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341 ( Mail Fraud ) This debt is considered to be invalid until I receive proper validation and your offices provide Claimant with proof of claim of the disputed debt. Your offices have 5 days to produce the required documentation in accordance with FTC guidelines. During this validation period and proof of claim, if any action is taken which could be considered detrimental to any of Claimant credit reports, said action will be considered a dishonor and cause the self-executing contract portion of this notice to be implemented. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated. If your offices fail to respond to this validation and proof of claim request within 3 days from the date of your receipt as an internal dispute, all references to this account must be deleted and completely removed from Claimant credit file and a copy of such deletion request shall be sent to Claimant immediately. Title 8 USC 809. Validation of debts [ 15 USC 1692g ] ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of Debt Validation Proof of Claim the debt or any 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. BLACKS LAW DICTIONARY : VERIFICATION. Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition. Counter Claim with Self-executing Contract If Respondent, such as by commission, omission, and otherwise : ( a ) Fails to provide VALIDATION and PROOF OF CLAIM within thirty ( 30 ) days ; ( b ) Makes a false representation of the character of the herein above-referenced alleged debt ; ( c ) Makes a false representation of the legal status of the herein above-referenced alleged debt ; ( d ) Makes any threat of action that can not legally be taken, in violation of any applicable law, such as, the law codified at the Fair Debt Collection Practices Act, will be construed to be Respondents tacit acceptance of the terms and condition stated herein. In which case RESPONDENT agrees to : ( e ) Voluntarily report this account to all credit bureaus as paid as agreed ; and, ( f ) Voluntarily waive all claims against Claimant, their Agent or Heirs with prejudice ; and, ( g ) The matter regarding the alleged debt is finally and totally settled ; and, ( h ) Voluntarily admits the Claimant is the depositor for this account, that Respondent risked none of their assets at any time regarding this account and that they failed to disclose these material facts to Claimant ; and, ( i ) Voluntarily report the date of last activity on this account is the date of this notice. Furthermore, related law, and/or satisfy the above terms and conditions, constitutes RESPONDENTS Breach of Duty and voluntary agreement to compensate Claimant, by certified mail, with a cashiers check within thirty ( 30 ) days of the date of billing by Claimant, their Agent or Heirs, in the following  amounts : I ) XXXX XXXX Dollars ( {$1000.00} ) for each communication made to Claimant or their Agent or Heirs, whether telephonically or in writing, which is not in affidavit form, by a person who has first hand knowledge, regarding Respondents unsubstantiated claim ; and, II ) XXXX XXXX Dollars ( {$50000.00} ) for each transaction initiated by Claimant where Claimants commercial ability is impeded due to you, your agents or assigns adverse credit reporting ; and, III ) XXXX XXXX Dollars ( {$5000.00} ) for each court appearance Claimant, their Agent or Heirs makes in response to Respondents unsubstantiated claims ; and, IV ) RESPONDENT owes Claimant the balance equal to the purported credit limit on this account, plus interest and fees, for money lent ; and, V ) Three times the alleged claim amount of XXXX XXXX XXXX XXXX XXXX XXXX XXXX dollars ( {$160000.00} ) which equals ( {$490000.00} ) ; and, VI ) XXXX XXXX Dollars ( {$5000.00} ) per occurrence, for listing or reporting any information to a credit reporting repository which could be considered detrimental to Claimants credit history ; and, VII ) Punitive damages in the amount of ( {$270000.00} ) ; and VIII ) Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs ; fees and expenses incurred in defending against this and any and all continued collection attempts ( by anyone ) re the above- referenced alleged account RESPONDENT also agrees to : 1. Voluntarily authorize Claimant to record a UCC-1 on RESPONDENT as debtor to secure the debt owed Claimant ; and, 2. Voluntarily prove their claim as a RESPONDENT in possession of Claimant property in a involuntary bankruptcy proceeding process ; and, 3. Voluntarily compensate Claimant for ALL costs and attorneys/consultant fees ; and, RESPONDENTS failure to Cease and Desist in accordance with the requirements of the FDCPA and other Debt Validation Proof of Claim 4. Resolve ALL claims by Claimant, against Respondent, et al, exclusively and finally through binding arbitration, if necessary, to enforce the above terms, conditions, fees, penalties and damages. Arbitration replaces the right to go to court except to confirm an arbitration award. The arbitration organization that is selected will apply its code or procedure in effect at the time the arbitration is filed, subject to this agreement. The arbitration will be conducted before a single arbitrator. The arbitrators authority is limited solely to the Claims between Claimant and Respondent alone. The arbitration will not be consolidated with any other arbitration proceeding. If Claimant prevails in the arbitration of any Claim against Respondent, Respondent  will reimburse Claimant for any fees Claimant paid to the arbitration organization in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive any voluntary payment of Claimants claim against Respondent, in full, or any bankruptcy by Respondent. This is a private communication and is intended to affect an out-of-court settlement of this matter. Conduct yourself accordingly. Should any provision on this agreement be found to not be enforceable by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become enforceable. Equality under the Law is PARAMOUNT and MANDATORY by Law NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL Applicable to all successors and assigns Silence is Acquiescence/Agreement/Dishonor Executed on this XXXX day of XXXX, XXXX by, XXXX You are the second party that has written a letter purporting to represent, or have as your client, XXXX XXXX XXXX, the first was not registered as a debt collector in Maine and they have not answered the debt validation request presented to them. This is Notice that I do not recognize the Respondent from which the Claimant has received a computer generated debt collection attempt, and I must necessarily dispute part, or all, of the alleged debt until the following is received ... CREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF CLAIM Please provide all of the following information and submit the appropriate forms and paperwork back to me along with an Affidavit signed In Accordance with 28 U.S.C. 1746 within 30 days from the date of your receipt of this request for validation and proof of claim. 1. Alleged Name and Address of Creditor 2. Name on File of Alleged Debtor : 3. Alleged Account # : 4. Amount of alleged debt : 5. Date that this alleged debt became/becomes payable : 6. Date of original charge off or delinquency : 7. Amount paid if debt was purchased : 8. Please attach a copy of any signed agreement alleged debtor/claimant has made with debt collector, or other verifiable proof that debtor/claimant has a contractual obligation to pay debt collector. 9. Furnish a copy of the original promissory note/agreement redacting my social security number to prevent identity theft and state that your client named above is the holder in due course of the note agreement and will produce the original for my own and a judges inspection should there be a trial to contest these matters. Debt Validation Proof of Claim XXXX XXXX XXXX 10. Produce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. Such as ; FR 2046 balance sheet ( OMB # s 2046, 2049, 2099 ),  1099 OID report, S-3/A registration statement, 424-B5 prospectus, RC-S & RC-B call schedules 11. Identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt. 12. Verified specifically, name ( s ) of person ( s ) assigned as Trustee to handle Corporations affairs and to be held accountable for the actions of the Corporation.  Such as CFO and subordinates responsible for debt collections. 13. Verify as a third party debt collector, you have not purchased evidence of the alleged debt and are proceeding with collection activity in the name of the original maker of the note. 14. Verify you know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity. 15. Provide verification from the stated creditor that you are authorized to act for them. 16. Verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing, which you know is false with the intention that others rely on the written communication to their detriment a violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341. Disputing the Debt, Dated this XXXX day of XXXX, XXXX. XXXX XXXX XXXX. \nXXXX ACCOUNT : EQUIFAX 1. XXXX/DEPT OF EDU","date_sent_to_company":"2019-09-08T09:04:22.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"33023","tags":null,"has_narrative":true,"complaint_id":"3367189","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2019-09-08T09:04:20.000Z","state":"FL","company_public_response":null,"sub_issue":"Information belongs to someone else"},"highlight":{"complaint_what_happened":["Should any provision on this agreement be found to not be <em>enforceable</em> by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become <em>enforceable</em>."]},"sort":[5.7971168,"3367189"]},{"_index":"complaint-public-v1","_id":"6861858","_score":5.673837,"_source":{"product":"Debt collection","complaint_what_happened":"This letter is being sent to you as a complaint of never receiving communication by Claimant from PRO COLLECT, INC. The complaint is for failure to respond to the letter and other information requested by the commissioner of the court/affidavit. What law can prohibit a company to ignore legal documents governed by the government? All information requested by affidavit which is not to be treated as normal communication per FDCPA. Deprived of life has been committed against me. I also DIDNT received statements from PRO COLLECT, INC that validates a debt was owed to another company but does not validate that its, I, XXXX XXXX as the alleged debtor. I do not have a contract with PRO COLLECT, INC and I disputed this debt and all claims to contract in accordance with 15 USC 1692 G. Statements cant be validation for identity theft purposes, but are primarily to validate a debt, which is not the same as validating a claim. There is more than one YOUR NAME as a consumer and in this case, PRO COLLECT, INC received a legal affidavit by the commissioner of the court and the company refused to acknowledge the legal document and are committing fraud against the consumers. The following information has also been requested for legal purposes from PRO COLLECT, INC and they are refusing to provide all information. I am also requesting that this information be forwarded to FTC.\n\nBe advised that your claim is disputed and validation and proof of claim of the disputed debt is requested in accordance with the Fair Debt Collection Practices Act, 15 USC 1692 and as amended by adding the following new Title 8 USC 802 et seq., and the Fair Credit Billing Act, 15 USC. 1666 et seq. I dispute this debt and all claims to contract in accordance with 15 USC 1692 G. All of which work in conjunction with each other, including the Truth In Lending Act ( TILA ) 15 USC 1601 et seq. It is not now, nor has it ever been, my intention to avoid paying any obligation that is lawfully owed by the Claimant. In order to make arrangements to pay an obligation which may be lawfully owed, please document and verify the debt by complying, in good faith, with this request for validation and return it to me, within thirty ( 30 ) days of receipt of this letter. I am absolutely certain that the item I disputed with a legal document that was ignored, should be removed, so I am hereby exercising my rights under FCRA 611 ( a ) ( 7 ) to request a complete description of all methods used to investigate my aforementioned dispute.\n\nAs per Section FCRA 609 ( e ) ( 15 U.S.C. 1681g ( 1 ) ), I am entitled to see the source of all the information, which is the original contract that contains my wet link signature and the cashed checks used for bill payment. \nPlease provide the following information as these items will be demanded in court as they are now by affidavit. \n\nThis is NOT a request for verification or proof of Claimant mailing address, but a request for VALIDATION and PROOF OF CLAIM made pursuant to the above-named Titles and Sections. I respectfully request that your offices provide Claimant with competent evidence as per the attached Declaration and Proof of Claim that I have any legal obligation to pay you the unsubstantiated alleged debt. Furthermore, you shall cease all verbal communication. No phone calls to the Claimant. \n\nAt this time, I will also inform you that if your offices have reported invalidated information to any of the XXXX major Credit Bureaus, such as, XXXX, XXXX and XXXX prior to validation and proof of claim of the disputed debt, this action might constitute fraud under both Federal and State Laws. Due to this fact ; if any negative mark is found on any of Claimant credit reports by your company or the company that you represent, I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character Violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341 ( Mail Fraud ) This debt is considered to be invalid until I receive proper validation and your offices provide Claimant with proof of claim of the disputed debt. Your offices have 30 days to produce the required documentation in accordance with FTC guidelines. During this validation period and proof of claim, if any action is taken which could be considered detrimental to any of XXXX credit reports, said action will be considered a dishonor and cause the self-executing contract portion of this notice to be implemented. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated. \n\nIf your offices fail to respond to this validation and proof of claim request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from Claimant credit file and a copy of such deletion request shall be sent to Claimant immediately. \n\nTitle 8 USC 809. Validation of debts [ 15 USC 1692g ] ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such validation and verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. \nBLACKS LAW DICTIONARY : VERIFICATION. Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition. \nVALIDATION. Proving the validity of accuracy of the claim. \n\nCounter Claim with Self-Executing Contract If Respondent, such as by commission, omission, and otherwise : ( a ) Fails to provide VALIDATION and PROOF OF CLAIM within thirty ( 30 ) days ; ( b ) Makes a false representation of the character of the herein above-referenced alleged debt ; ( c ) Makes a false representation of the legal status of the herein above-referenced alleged debt ; ( d ) Makes any threat of action that can not legally be taken, in violation of any applicable law, such as, the law codified at the Fair Debt Collection Practices Act, will be construed to be Respondents tacit acceptance of the terms and condition stated herein. In which case XXXX  agrees to : ( e ) Voluntarily report this account to all credit bureaus as paid as agreed ; and, ( f ) Voluntarily waive all claims against Claimant, their Agent or Heirs with prejudice ; and, ( g ) The matter regarding the alleged debt is finally and totally settled ; and, ( h ) Voluntarily admits the Claimant is the depositor for this account, that XXXX  risked none of their assets at any time regarding this account and that they failed to disclose these material facts to Claimant ; and, ( i ) Voluntarily report the date of last activity on this account is the date of this notice.\n\nFurthermore, XXXX  failure to Cease and Desist in accordance with the requirements of the FDCPA and other related law, and/or satisfy the above terms and conditions, constitutes XXXX  Breach of Duty and voluntary agreement to compensate Claimant, by certified mail, with a cashiers check within thirty ( 30 ) days of the date of billing by Claimant, their Agent or Heirs, in the following amounts : I ) XXXX XXXX XXXX ( {$1000.00} ) for each communication made to Claimant or their Agent or Heirs, whether telephonically or in writing, which is not in affidavit form, by a person who has firsthand knowledge, regarding Respondents unsubstantiated claim ; and, II ) XXXX XXXX XXXX  ( {$50000.00} ) for each transaction initiated by Claimant where Claimants commercial ability is impeded due to you, your agents or assigns adverse credit reporting ; and, III ) XXXX XXXX XXXX  ( {$5000.00} ) for each court appearance Claimant, their Agent or Heirs makes in response to Respondents unsubstantiated claims ; and, XXXX ) RESPONDENT owes Claimant the balance equal to the purported credit limit on this account, plus interest and fees, for money lent; and, V ) XXXX times the alleged claim amount of XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX ( {$160000.00} ) which equals ( {$490000.00} ) ; and, VI ) XXXX XXXX XXXX ( {$5000.00} ) per occurrence, for listing or reporting any information to a credit reporting repository which could be considered detrimental to Claimants credit history ; and, VII ) Punitive damages in the amount of ( {$270000.00} ) ; and VIII ) Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs ; fees and expenses incurred in defending against this and any and all continued collection attempts ( by anyone ) re the above-referenced alleged account XXXX  also agrees to : 1 . Voluntarily authorize XXXX to record a UCC-1 on XXXX as XXXX to secure the debt owed XXXX ; and, 2. Voluntarily prove their claim as a XXXX in possession of Claimant property in a involuntary bankruptcy proceeding process ; and, 3. Voluntarily compensate Claimant for ALL costs and attorneys/consultant fees ; and, 4. Resolve ALL claims by XXXX, against XXXX, et al, exclusively and finally through binding arbitration, if necessary, to enforce the above terms, conditions, fees, penalties and damages. XXXX replaces the right to go to court except to confirm an arbitration award. The arbitration organization that is selected will apply its code or procedure in effect at the time the arbitration is filed, subject to this agreement. The arbitration will be conducted before a single arbitrator. The arbitrators authority is limited solely to the Claims between XXXX and XXXX alone. The arbitration will not be consolidated with any other arbitration proceeding. If Claimant prevails in the arbitration of any Claim against XXXX, XXXX will reimburse XXXX for any fees XXXX paid to the arbitration organization in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive any voluntary payment of Claimants claim against XXXX, in full, or any bankruptcy by XXXX. \n\nThis is a private communication and is intended to affect an out-of-court settlement of this matter. Conduct yourself accordingly. Should any provision on this agreement be found to not be enforceable by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become enforceable. \n\nEquality under the Law is PARAMOUNT and MANDATORY by Law NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL Applicable to all successors and assigns Silence is Acquiescence/Agreement/Dishonor ) You are the second party that has written a letter purporting to represent, or have as your client, and the first was not registered as a debt collector in Maine and they have not answered the debt validation request presented to them. This is Notice that I do not recognize the XXXX from which the Claimant has received a computer-generated debt collection attempt, and I must necessarily dispute part, or all, of the alleged debt until the following is received... \n\nCREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF THE CLAIM Please provide all of the following information and submit the appropriate forms and paperwork back to me along with an Affidavit signed In Accordance with 28 U.S.C. 1746 within 30 days from the date of your receipt of this request for validation and proof of claim. \n1. Alleged Name and Address of Creditor of the time of application and address validation 2. Name on File of Alleged Debtor : 3. Alleged Account # : _________________ 4. Amount of alleged debt : 5. Date that this alleged debt became/becomes payable : 6. Date of original charge off or delinquency : 7. Amount paid if debt was purchased : 8. Please attach a copy of any signed agreement alleged debtor/claimant has made with debt collector, or other verifiable proof that debtor/claimant has a contractual obligation to pay debt collector. \n9. Furnish a copy of the original promissory note/agreement redacting my social security number to prevent identity theft and state that your client named above is the holder in due course of the note agreement and will produce the original for my own and a judges inspection should there be a trial to contest these matters.\n\n10. Produce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. Such as ; XXXX XXXX balance sheet ( XXXX # XXXX XXXX, XXXX, XXXX ), XXXX OID report, XXXX registration statement, XXXX prospectus, XXXX & XXXX call schedules 11. Identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt.\n\n12. Verified specifically, name ( s ) of person ( s ) assigned as Trustee to handle Corporations affairs and to be held accountable for the actions of the Corporation. Such as CFO and subordinates responsible for debt collections.\n\n13. Verify as a third-party debt collector, you have not purchased evidence of the alleged debt and are proceeding with collection activity in the name of the original maker of the note.\n\n14. Verify you know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity.\n\n15. Provide verification from the stated creditor that you are authorized to act for them.\n\n16. Verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing, which you know is false with the intention that others rely on the written communication to their detriment a violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341.\n\nNOTICE OF CLAIM DISPUTE NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT APPLICABLE TO ALL SUCCESSORS AND ASIGNS **********************SILENCE IS ACQUIESENCE*********************** NOTICE AND DEMAND TO CEASE AND DESIST COLLECTION ACTIVITIES PRIOR TO VALIDATION OF PURPORTED DEBT Pursuant to the truth in lending laws of the United States Code , Title 15 1601 et. Seq. and the Fair Debt Collection Practices Act laws of the United States Code 1692 et. seq This notice constitutes a timely written response to your Fair Debt Collection Practices Act notice that you are attempting to collect an alleged debt and is not a dishonor of your alleged claim of debt.\n\nThis notice is my, required by law, demand to cease and desist collection activities prior to validation of purported debt and you must validate the enclosed claim of an alleged debt. You must provide verification that an actual debt really exists by producing the following : 1. The name and address of the organization or other governmental unit alleging a debt ; 2. The name and address of the person or persons in that organization or other governmental unit alleging a claim of debt ; 3. The name of the actual creditor even if that is myself ; 4. The origin of the funds used to create this alleged claim of debt 5. The actual records of the organization or other governmental unit showing the time and place of the deposit and distribution of the funds used to create this alleged claim of debt.\n\n6. The actual records of the organization or other governmental unit showing that an actual loan was made from the organization or other governmental units own funds that resulted in the enclosed alleged claim of a debt.\n\n2. The actual records of the organization or other governmental unit with a live signature on any and, all document/instrument ( s ) used to allege the existence of a real loan of funds or debt from the organization or other governmental unit to myself or anyone else by similar name.\n\n3. Be advised that verification is defined ( Blacks Law Dictionary, 6th Edition ) as follows : Confirmation of correctness, truth, or authenticity, by affidavit, oath or deposition. Affidavit of truth of matter stated and object of verification is to assure good faith in averments or statements of party.\n\n4. The actual records of the organization or other governmental unit showing that an honest disclosure of facts relating to the alleged loan was made by the organization or other governmental unit in compliance with the truth in lending laws of the United States Code, Title 15 -1601 et. seq and Regulation Z.\n\n5. The actual records of the organization or other governmental unit showing that any, and all documents /instrument ( s ) containing my signature or likeness of my signature were not negotiated or pledged by the organization or other governmental unit against my credit to create the funds used for the appearance of a debt and resulting in this alleged claim of debt.\n\n6. The person that prepares and swears to the validation of debt must describe:1 ) your job description on a daily basis ; 2 ) if you are the regular keeper of those books and records and are familiar with how they are kept and their contents ; 3 ) How long have you been in your position ; 4 ) When did you first come in contact with the alleged account/debt ; 5 ) How frequently do you work with the files and information they are presenting to verify/validate the alleged debt ; and 7 ) Do you have personal knowledge about the alleged debt and/or any alleged account.\n\n15 U.S.C -1692 ( e ) states that a false, deceptive, and misleading representation, in connection, with the collection of any debt, includes the false representation of the character or legal status of any debt and further makes a threat to take any action that can not legally be taken a deceptive practice.\n\nPursuant to 15 U.S.C -1692 ( g ) ( 4 ) Validation of Debts, if you have evidence to validate your claim that the attached presentment does not constitute fraudulent misrepresentation and that one owes this alleged debt, this is a demand that, within 30 days, you provide such verification/validation and supporting evidence signed and certified under penalty of perjury to substantiate your claim. Until the requirements of the Fair Debt Collections Practices Act have been complied with and your claim is verified/validated, you have no consent to continue any collection activities.\n\nThis is a constructive notice that, absent the validation of your claim within 30 days, you must cease and desist any, and all collection activity and are prohibited from contacting me through the mail, by telephone, in person, at my home, or at my work. You are further prohibited from contacting any other third party. Each, and every attempted contact, in violation, of this act, will constitute harassment and defamation of character and will subject your agency and/or attorney and any, and all agents in his/her individual capacities, who take part in such harassment, and defamation, to a liability for actual damages, as well as statutory damages of up to {$1000.00} for each and, every violation, and a further liability for legal fees to be paid to any counsel which I may retain. Further, absent such validation of your claim, you are prohibited from filing any notice of lien and /or levy or judgment and are also barred from reporting any derogatory credit information to any credit reporting agency, regarding this disputed purported debt.\n\nFurther, pursuant to the Fair Debt Collection Practices Act 15 U.S.C 1692 ( g ) ( 8 ), as you are merely an agency or other governmental unit of the United States, acting on someone elses behalf, this is a demand that you provide the name of the original principal or holder in due course, for whom you are attempting to collect this alleged debt. \n\nPlease take notice that this legal notice will be forwarded as a criminal investigation of the business practices of the above, named organization or other governmental unit, its agents, officers, employees and attorney to determine violations of the United States criminal laws. Your claims of collection of a purported debt appears to be founded upon a false record in violation of U.S.C Title 18 -2071 and 2073 ( falsifying records ) and further ; uttering and possessing false obligations and counterfeit securities based upon the falsified records in violation of U.S.C Title 18 XXXX or XXXX, and further using corrupt business practices to make and possess false records and claim if obligation, not substantiated by truthful facts in violation of the XXXX XXXX Influences and Corrupt Organization ( XXXX ), U.S.C Title 18 1961 et.seq and further using the XXXX Mail to present such fraud and false instruments amounting to Mail Fraud, criminal conduct falling under Title 18 U.S.C -1341 Frauds and Swindles laws, and further sending mal with false and fictitious names, criminal conduct falling under Title 18 U.S.C -1842 Fictitious Names. IE XXXX XXXX ALL INFORMATION WILL BE FORWARDED TO THE TEXAS XXXX XXXX XXXX, AND IRS XXXX XXXX TO INVESTIGATE XXXX XXXX, XXXX UNDER THE BANKING SECRECY ACT AND THE XXXX XXXX UNDER AS WELL, AS ALL MONEY INSTRUMENT TO BE DISCLOSED. \n\n\n\n\nTAKE NOTICE XXXX XXXX, XXXX failure in providing respondent with the requisite verification, validating the above referenced alleged debt due to identity theft within the requirements of law as codified in the Fair Debt Collection Practices Act, Fair Credit Reporting Act, Banking Secrecy Act, XXXX XXXX and the corresponding laws of each state, signifies that Debt Collector tacitly agrees that : A. ) Debt collector has no lawful, bona fide, verified claim, regarding the listed accounts : XXXX B. ) Debt Collector waives any, and all claims against respondent XXXX ) Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs, fees and expenses incurred in defending against this and any, and all continued collection attempts, re the above-referenced alleged accounts. \nXXXX ) Failure of Debt Collector to properly and legally verify/validate alleged debt as required in this notice us a self-executing irrevocable power of attorney authorizing Respondent/Alleged Debtor named herein to direct the permanent removal, on behalf of the alleged Creditor, of any, and all references to said accounts in any, and all credit reporting agency files of any type. \nThis response will constitute my effort to resolve this on-going debt claim between the parties involved. Until full disclosure on and for the official public record with a signed affidavit attached is achieved, there can be no case, collection or action. No civil or criminal cause of action can arise lest, out of fraud, there be valid, honest contract See XXXX XXXX XXXX XXXX XXXX. XXXX XXXX Furthermore Title 12 U.S.C -411 Federal reserve notes, to be issued at the discretion of the Board of Governors of the Federal Reserve System for the purpose, of making advances to Federal reserve banks through the Federal reserve agents as hereinafter set forth and for no other purpose, are authorized. The said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federal Reserve banks and for all taxes, customs, and other public dues. They shall be redeemed in lawful money on demand at the Treasury Department of the United States, in the city of Washington , District of Columbia, or at any Federal Reserve Bank.","date_sent_to_company":"2023-04-19T22:25:32.000Z","issue":"Written notification about debt","sub_product":"I do not know","zip_code":"32301","tags":null,"has_narrative":true,"complaint_id":"6861858","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"ProCollect, Inc.","date_received":"2023-04-19T22:08:40.000Z","state":"FL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Didn't receive notice of right to dispute"},"highlight":{"complaint_what_happened":["Should any provision on this agreement be found to not be <em>enforceable</em> by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort 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