{"took":291,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":11,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"6594193","_score":9.584409,"_source":{"product":"Debt collection","complaint_what_happened":"On XX/XX/XXXX. XXXX. I saw a loan offer. On XXXX XXXX, which I decided to apply for. To my surprise. I was accepted for {$20000.00}. I was then prompted to go into the OneMains main office to fill out the paperwork. I walked into OneMain Financial at XXXX XXXX XXXX # XXXX in XXXX, TN. I spoke with a lady named XXXX XXXX who escorted me to her office to go over what I did online. I explained I only wanted {$20000.00} to pay for other bills. That amount would have left me with little over {$2500.00} to pocket. She told me OK, no problem. She asked for my Social Security number, ran my credit, and told me I had excellent credit. Then she pulled up my online application and said OK. She asked if I was receiving SSI? I said yes. Then she told me that wouldnt be enough to get the loan then asked if I had collateral? I told her I only have my vehicle, but it's not yet paid off. She told me I could use that to get the loan which I didnt understand as to why when I did the application online and the only thing I was to do was to come in and finalize the paperwork. She kept going in and out of the office to speak with other representatives. I thought nothing of it because she told me I'd get the loan plus Id have cash to take home. After getting payoff amounts for the bills I was still paying on, she came up with her own consolidation figure after I had done my own consolidation, which I questioned because the amounts didnt match. \n\nWhich I didn't understand why but she told me my total for the loan came out to {$34000.00}. @ a 16.99 % APR, and the amount financed was {$22000.00}. As the finance charge was. {$11000.00}. She told me my first payment would be. {$710.00}. Beginning XX/XX/XXXX. XXXX. Then, It would go to {$560.00}. after that for 59 months. I was a bit confused because I noticed she didn't place on my application that SSI was my main source of income at the time. I also noticed, she stated I was employed at XXXX at the time of application but, I was not working at all. After she went over all of this, I explained to her that the payment would be too high for me, given I only receive {$790.00} a month from SSI. She told me that she'd make the adjustments and they will be reflected before my first bill came out. So, I went home and looked over the paperwork. and I called the next day. And explain to her again. That the payments were too high and that I'd like for her to reverse what she did. She then assured me again that everything will be fine that she took off some things. Like the single life premium, The GAP Insurance premium, and my Certificate of Title Fee. I asked her to explain to me what it meant by the lender may retain a portion of these amounts with an asterisk, and two asterisks beside another statement which said for the purchase of the non-credit insurances or other products I requested, or I may keep the funds. Let me be clear I NEVER received any funds to go home with that was promised. Also, at the bottom of the paper it said lender received service charge of {$1300.00}. I was told that my bill would be lowered because these things were to be taken off, that didn't happen. My bill ended up being {$520.00} a month. Due to my disability and about 1 year into making these payments. My only source of income was SSI and this whole ordeal was causing me more pain than I anticipated. I felt helpless as my disability began to worsen.\n\nI ended up in a bad deep depression as they continue to report negatively on my credit. That went from a XXXX down to now a low XXXX credit score. That hurts because I have worked so hard being a single mother to keep my score high, so that one day Id be able to own my own home. And because of this situation, Ive got to start all over while staying in my apartment where I dont have enough room, which causes me to have to pay for a storage facility. Even as helpless as I felt I still made XXXX partial payment in XXXX of XXXX for {$260.00}. XXXX. That was all I had left as I had to pay for food, I had no phone, had to pay for storage, and personals as well as necessities. \n\nMy sister told me to do some research to find out what can be done about this company, and so I did. I researched how to do an Administrative Process and I started to send them affidavits. The first one was sent on XX/XX/XXXX. The next one was sent on XX/XX/XXXX. I have the green receipts and copies to prove they received them, yet none has been rebutted. I sent a Conditional Acceptance of claim on XX/XX/XXXX as well. On XX/XX/XXXX, I sent an Opportunity to Cure to the branch manager, XXXX XXXX and again on XX/XX/XXXX. A Notice of Dishonor and Estoppel was sent on XX/XX/XXXX. The last affidavit I sent was to XXXX XXXX, who claimed she was a senior advisor for OneMain, which was a Plain Statement of facts on XX/XX/XXXX. All of the letters I have sent have green receipts and not one has been rebutted. I also have sent a Notice of Cease and Desist on XX/XX/XXXX. The only thing they have honored from the Cease and Desist was no more phone communication. \n\nOn XX/XX/XXXX, OneMain stole my vehicle in the middle of the night. I did not realize my vehicle was gone until I was ready to leave to get groceries that day. I called OneMain and spoke with several representatives that kept transferring me to other representatives. I spoke with XXXX representative named XXXX who advised if I wanted to get my vehicle back, I would have to pay a lump sum of {$13000.00}. I asked him to send me this information in writing. He ended up emailing me a settlement quote for {$13000.00}. in one of their corresponding letters, I was advised my vehicle would be sold sometime after XX/XX/XXXX, and I would be responsible for any outstanding balances and fees. \n\nThe consumer laws that OneMain is in violation of : 15 USC 1692b ( 2 ) which states any debt collector can not state that such consumer owes any debt.\n\n15 USC 1692b ( 5 ) which states to not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegrams that indicates that the debt collector is in the debt collector business or that the communication relates to the collection of a debt.\n\n15 USC 1692e ( 2 ) ( A ) which states a debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt without the limiting of the application of the foregoing, the following conduct is a violation of this section ; ( 2 ) ( A ) the false representation of the character, amount, or legal status of any debt.\n\n15 USC 1692a ( 3 ) which states the term \" consumer '' means any natural person obligated or allegedly obligated to pay any debt.\n\nI have included the letter with exhibits and an Invoice, along with my UCC-1 Financing Statement that shows the collateral which was included and my XXXX showing my status, that was mailed via overnight service with delivered confirmation to OneMain on XX/XX/XXXX.","date_sent_to_company":"2023-02-21T00:58:10.000Z","issue":"Took or threatened to take negative or legal action","sub_product":"I do not know","zip_code":"37601","tags":null,"has_narrative":true,"complaint_id":"6594193","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"OneMain Finance Corporation","date_received":"2023-02-20T22:20:09.000Z","state":"TN","company_public_response":null,"sub_issue":"Seized or attempted to seize your property"},"highlight":{"complaint_what_happened":["She told me I could use that to get the loan which I didnt understand as to why when I did the application online and the only thing I was to do was to come in and finalize the <em>paperwork</em>. She kept going in and out of the office to speak with <em>other</em> representatives. I thought nothing of it because she told me I'd get the loan plus Id have cash to take home."]},"sort":[9.584409,"6594193"]},{"_index":"complaint-public-v1","_id":"4096478","_score":8.192032,"_source":{"product":"Debt collection","complaint_what_happened":"Dear CFPB, Please find my complaint against PennyMac Loan Servicing, XXXX XXXX XXXX XXXX XXXX., XXXX  XXXX XXXX ; XXXX, XXXX XXXX, XXXX  XXXX XXXX and other hidden behind the scheme con artists like XXXX XXXX, XXXX XXXX, XXXX, eat who massively defraud home buyers, other borrowers and investors from trillions of dollars under their fraudulent scheme called securitization XXXX XXXX XXXX created a myth called securitization where they do not securitize ANYTHING except borrowers DATA akaidentity theft not backed by any assets. Nobody sell any loans or any parts of loans. Nobody lend any money to homebuyers. \n\nMoney for closing and all other lending are coming from Investors who lend to XXXX XXXX XXXX  via short term credit used by XXXX XXXX XXXX  to fund ALL loans via fictitious parties who call themselves Lenders  - These money are not related by ANY homeowners transaction in in fact related to sales of securities backed by borrowers identities to other investors. Thus, the original creditors are investors who lent money to XXXX XXXX XXXX  and who receive their advances after securities backed by borrowers data are sold to another groups of investors in form of bets. \n\nSo, when PennyMac say they purchased my loan they lied to defraud me an authorities, which is proven many times. Nobody sold any mortgages to PennyMac who was transformed by XXXX XXXX into a biggest lender and servicer via PR coup. PennyMac an XXXX ( former XXXX XXXX XXXX NEVER funded any loans and NEVER serviced them. XXXX is receiving a fee for acting as a Trustee for non-existing Trusts who also nee er had any relationship to anyones mortgages. Nobody confirmed they sold my loan to PennyMac.XXXX  always claims that my complaints do not belong to them - while PennyMac lies that they give my mortgage payments to Trustees who distribute them to investors. LIR, LIE, LIE. \n\nBut since this lie is promoted by the Government ( resent sale of XXXX  bonds to Federal Reserve is just another scam to defraud homeowners and investors ) PennyMac feels completely confident that the Government will cover for XXXX XXXX crimes, like they did in XXXX with fake Cease and Desist orders and bogus Settlement. \n\nMost homeowners, including myself, sign documents at closing because they believe their intentions are properly presented in those documents.We were all wrong. We were not borrowing any money from fake XXXX. We CREATED money for XXXX XXXX XXXX  when we submitted an application which was used as a back up for lines of credits from investors or from Federal Reserve. After than we were not dealing with repayment of any debt since it did not exist from the beginning ( the initial investors were paid after XXXX XXXX sold certificates to another group of investors ) thus we were dealing with a concealed scheme by XXXX XXXX Stockbrokers which is in part a direct fraud on homebuyers ; in part giant Ponzi Scheme ; gigantic Bucket Shop on investors and other illegal practice. \n\nStockbrokers do not have an interest other than a profit from the sale of securities. These brokers on XXXX XXXX have tried to pull the wool over the eyes of regulators and investors so that they still appear to be XXXX when in fact they are the only principal. \n\nAll XXXX XXXX XXXX XXXX debt buyers are merely a part of this giant mystification. The result has always been, without exception, catastrophic for everyone except the brokers who use a common theme : You cant punish us with producing apocalyptic results for finance, and your society. As a society, we are still buying into that threat. It isnt true and never was true. And so it goes. \n\nXXXX XXXX lawyers are drafting prospectuses and agreements for Initial Public Offerings, with the guiding principles to bury anything negative under an avalanche of words. And because nobody wants to admit they did anything XXXX or foolish, investors tend to think and insist they knew what they were doing. And that is the essence of successful con jobs. The con only works if the mark ( i.e., XXXX ) adopts it as their own. People con themselves. Take XXXX XXXX XXXX for example, successfully sold XXXX XXXX and XXXX XXXX. XXXX used various names as a con man, including XXXX XXXX XXXX, XXXX XXXX, Mr. XXXX and Mr. XXXX. Compare XXXX XXXX banks tactics to use various names of XXXX, PennyMac and other actors-f0r-hire to pose as lenders and Servicers. \nXXXX had multiple methods for making his sales. When he sold XXXX  XXXX, he would often pose as the generals grandson, and he set up a fake office to handle his real estate swindles. He produced convincing forged documents as evidence to suggest that he was the legal owner of whatever property he was selling. \n\nLike the mortgage meltdown ( which continues through the writing of this Complant ), in many cases, XXXX targeted people fresh off the boat who understood little English or American Culture. So they relied upon what he told them and then they imagined the rest. Some people were forced off the XXXX XXXX when they started erecting toll booths, as the new owners. \n\nIn every con job the paperwork generally has the look and feel of real documents and says, in the beginning, what people expect it to say. They are conning themselves. And the perpetrators will often point to the content of what was signed by the layman as providing that the very thing that punished the consumer was disclosed in some fine print wording buried deep within all of the documents that were signed. \n\nFor example, a loan in XXXX would always refer to the loan and would recite that the Lender was XXXX who was giving a loan of money to the borrower who was a borrower, receipt of which loan was acknowledged. That is and was the basic language for any loan for centuries until around XXXX. \n\nThat is when the reference to a loan was dropped and the documents signed by the homeowners started to change merely referred to the execution of a note and the execution and recording of a mortgage. The loan was implied because what else could it be? The success of this sleight of hand is well-known. Trillions of dollars poured through the hands of securities brokers who prospered during the worst crash since the Great Depression plus receiving trillions of dollars in bailouts and bond purchases. Everything else was reduced to rubble. \n\nThe expectation of the homeowner, including myself, was that he/she was a borrower in a loan transaction. I thought that the application for a loan was submitted to a lender and was underwritten by someone with a risk of loss i.e. a stake in the success of the transaction as a loan. I had a reasonable belief that as a loan transaction the party receiving the loan application and the party underwriting the transaction were both governed by Federal and State lending laws. As such, the responsibility for the viability of the loan, accuracy of the loan appraisal, and risk of loss was squarely on the lender. \n\nXXXX XXXX XXXX  did what they do the separated out functions so that only the part that looked like a loan was shown to the homeowner. For the most part, applications for loans were submitted through intermediaries who presented themselves as loan brokers and sometimes misrepresented themselves as lenders ( simply because they had a license to act as a lender ). In some cases, the parties accepting the applications did not legally exist. They were just names but that did not matter to XXXX XXXX brokers because they were not really making loans. \n\nThe underwriters were aggregators of data providing a service ( e.g. XXXX, now XXXX who was the one who actually processed my application under glimpse of XXXX XXXX  XXXX XXXX ) ) i.e. laundering data to make it look like a pool of loans was being created for tranches ( layers ) of fictitious entities. This service was provided to the brokers through entities totally under the control of the brokers for purposes of their real business selling securities to investors. ( Does anyone really think that XXXX XXXX banks ever had any interest in lending money? ) The aggregators arranged the data in reports that gave information on thousands of transactions. They never said they were loans and they never said they owned them. But that is what everyone assumes. We are conning ourselves because we cant imagine what else it could be. \n\nThe XXXX XXXX stock brokerage firm calling itself an investment bank borrows {$1.00} XXXX on short-term credit for example using expected sales of securities as collateral. Thus these money are generated by borrowerss intent to borrow money used by XXXX XXXX XXXX as collateral. The broker then sells the securities to investors and repays the loans. In the interim, the money from the loan is used to fund, on average, around {$700.00} XXXX in transactions with homeowners. Bear to repeat, these money have XXXX to do with anyones mortgage. \n\nThe other {$300.00} XXXX is concealed trading profit. These fictitious profits occur when the broker shows a sale ( only on its own books ) of {$700.00} XXXX face value of notes for {$1.00} XXXX. That false sale occurs between a depositor who does not own the debt, note, or security agreement and a trust that legally does not exist because it has nothing in trust that was entrusted to the named trustee. the trustee has no right, title or interest in the transactions, nor any right or obligation to seek or receive any information about the nonexistent contents of thetrust or any activities undertaken in the name of the trust. ( In other words, it is not a trustee ). XXXX merely lies to homeowners, Judges and investors about its role as Trustee All entities are owned or controlled 100 % by the broker. This is the holy grail of investment banking. Selling securities without being required to turn the proceeds of the sale ( money ) over to any issuing entity because in substance the issuing entity is the broker. The extra {$300.00} XXXX trading profit is usually performed in a transaction that is both offshore and off-balance sheet so there is no report of it until the broker wants to show an increase in profits to bolster the apparent value of its own common stock trading in the marketplace. \n\nRecent reports from the big banks that are in reality failing, indicate significant trading profits that are simply repatriating the money they stole from investors. The most notorious lie is XXXX  XXXX XXXX organic growth when they repurchase its own bonds from investors - in fact investors demanded their money back due to XXXX fraud - bit this information is carefully concealed from the public, specially homeowners who XXXX is prepared to rob though the Court for additional profits. \n\nInvestors were never told all of their money would be used for the origination or acquisition of loans. They just assumed it despite concealed language in the prospectus that did not quite promise anything other than a potential, discretionary revenue stream from the broker that was often disclosed as unsecured and expressly unrelated to any obligation owed by any homeowner. Investors made this assumption because after all the brokerage firm was a broker, not a principal. They were conning themselves. Investors were NOT beneficiaries of any trust, real or imagined but they thought they were because they assumed they were. \n\nIt was later when investors ( e.g. pension funds ) discovered that the broker had no interest in underwriting loans, no interest or intent of having a risk of loss or no intent for complying with any lending statutes, rules, or even custom and practice in the lending industry ; investors were rudely awakened to the fact that they had no legal interest in enforcing anything against anyone. They had, as in every con, conned themselves with an assist from the con men XXXX XXXX brokers. \n\nInvestors were left with a Security that was virtually worthless because it was discretionary, unsecured, and based upon reports that the payor ( broker ) could issue in its sole discretion. But if they admitted all of that, they would be required to show the loss of value of the certificates ( securities ) that they had purchased which would result in devaluing the entire pension fund, which in turn would probably lead to dismissal of the fund manager. \n\nSo they sued the depositors or sellers for bad underwriting even though there was virtually no underwriting involved. The more savvy investors with more savvy lawyers received larger settlements without ever saying the whole thing as a scam because they were being paid to keep silent about the true nature of this scheme. The smaller, more unsophisticated investors with lawyers who were not well versed in investment banking and securities brokerage received as little as XXXX cents for each dollar they invested. That is what caused small banks to fail. They were trapped by the con. They too had been investors seeking a higher return. \n\nThe truth is that most pension funds are over-reporting the value of their assets. That means that at some time in the future, the ability to fulfill pension payments will be correspondingly reduced. Only by that time, it is highly likely that nobody will make the connection to securitization debt that never occurred. Even worse, the beneficiaries of pension funds and other stable managed funds still wont realize that if they are faced with foreclosure, and they all away, they are not just giving up the largest investment of their life ; they are also undermining the value of the fund that feeds them. \n\nIn the XXXX loan, the Lender had an entry on its ledger that was a reduction of cash to pay for the loan. In double-entry bookkeeping, this was followed by an increase in loan receivables by the exact same amount. And that is how the loan account receivable is created. It serves as the legal basis for asserting the existence of the loan and the account history for debits and credits throughout the life of the loan. \n\nAfter XXXX no such account was ever created. If those ledger entries had been made, then the brokers would have actually securitized loans by selling off pieces of each loan to multiple investors. But that would have limited the brokers to selling the loans only once. If they sold loans more than once it would have been a fraudulent scheme bearing criminal accountability. So they didnt sell them and that means they didnt securitize homeowner transactions, which were not loans in the first place. \n\nThe brokers paid homeowners money. That much is generally true ( although questionable in refis ). But the brokers wanted no part of losing money if the homeowner failed or refused to make a scheduled payment. They had no risk of loss. They had no loan account. But by concealing the true nature of the business scheme i.e. the creation, issuance, sale, and trading of securities and using the homeowners knowledge against him/her, they convinced everyone that the execution of the promissory note was one exchange for the nonexistent loan. The securities were based upon the illusion of a loan transaction but certainly not the reality of a loan transaction. \n\nAdding insult to injury then, the homeowner having played a crucial role in the illusion of a loan is then tricked into giving back the only reason why he/she entered the transaction in the first place the receipt of money. \n\nIn short, that is a return of the only consideration for involuntary participation in a securities scheme about which the homeowner knew absolutely nothing. Worse yet, the homeowner believed it was a loan and so agreed to pay interest and fees on top of returning the only consideration for the deal. This left the homeowner with negative consideration for the deal, plus concealed risks in the form of unmarketable loans, inflated appraisals, and the complete inability to reach anyone with ownership or authority of the transaction to work out arrangements that were necessary to correct the situation. \n\nWith no loan account that could be presented without committing perjury and fraud, the brokers hit upon the scheme of using still more intermediaries who were called servicers. The servicers did virtually nothing. All receipts are collected via third-party vendors who are completely controlled by the brokers. The servicers are hired to interface with homeowners, reassure them that their loan is under management, and present a payment history about which they know nothing because they never collected a dime from the homeowner. \n\nServicers are always thinly capitalized entities that can be thrown under the bus for accounting or servicing or collection irregularities. They hire employees or contract employees who know less than the servicer. These people are presented as witnesses in foreclosure proceedings. Such people are the only witnesses at trial in foreclosure cases. Theyre not legally competent and travel along a very thin line between deception and perjury. \n\nThe payment history is actually printout from a data record prepared for enforcement only by third-party vendors who process payments from homeowners. \n\nThose payments are scheduled, but not due since they are paying off a loan account that does not exist. You will never find any payment history that purports to be the ledger of any creditor i.e., the party who is named as claimant, beneficiary, or plaintiff in foreclosure. That is because no such ledger exists. \n\n\nThis was 20 years ago when the Federal Reserve skipped regulation in the mistaken belief that market forces would make any needed corrections. XXXX XXXX who was head of the Fed has admitted that was a mistake. It is now up to homeowners and their attorneys to fight these foreclosures at every turn and win. This task will be made far easier if changes in the administration in Washington DC result in an acknowledgment of the obvious facts : the money paid to homeowners was not a loan. It was compensation for involuntary participation in a business scheme. Market forces dictated the amount of that payment. Brokers have no right to recover it. \n\nInvestors and homeowners are in the same boat. the intention of both was a lending transaction. Neither one of them got what they intended. Current brokers and servicers should be forced out of the picture and regulators should stop pretending that REMICs exist or that the securities issued were unregulated mortgage-backed bonds or certificates. They were never mortgage-backed. There were no mortgage loans. Those mortgages secured a promissory note that was issued without the homeowner receiving consideration. \nThe only deal that was completed was the business scheme of creation, issuance, selling, and trading securities. Homeowners were already paid for that. Nobody was ever legally entitled to seek or receive payments that returned that compensation. If that compensation is too high, then let the brokers come to court and file a reformation action. \n\nI again demand to provide me the name of the SELLER of my loan to PennyMac ; a PROOF pot payment of value by PennyMac ; the name of the Company who hired PennyMac as a Servicer and whom they servicing. XXXX  number for Trust th purportedly servicing ; Pay me 20 % royalties from all traded and compensation for all damages, including emotional distress. \n\nTotal {$50.00} XXXX in damages, or more","date_sent_to_company":"2021-01-26T11:26:23.000Z","issue":"Attempts to collect debt not owed","sub_product":"Mortgage debt","zip_code":"490XX","tags":null,"has_narrative":true,"complaint_id":"4096478","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"PENNYMAC LOAN SERVICES, LLC.","date_received":"2021-01-26T11:22:33.000Z","state":"MI","company_public_response":null,"sub_issue":"Debt was result of identity theft"},"highlight":{"complaint_what_happened":["Money for closing and all <em>other</em> lending are coming from Investors who lend to XXXX XXXX XXXX  via short term credit used by XXXX XXXX XXXX  to fund ALL loans via fictitious parties who call themselves Lenders  - These money are not related by ANY homeowners transaction in in fact related to sales of <em>securities</em> backed by borrowers identities to <em>other</em> investors."]},"sort":[8.192032,"4096478"]},{"_index":"complaint-public-v1","_id":"5977865","_score":7.8603544,"_source":{"product":"Credit card or prepaid card","complaint_what_happened":"What follows is a recount of the fraudulent financial scam details written days after it occurred : On XX/XX/XXXX I received a call from a Texas area code ( when XXXX XXXX XXXX DEA office ) from agents from the US Treasury , Social Security Office , DEA regarding criminal charges associated with my social security number in Texas XXXX A XXXX XXXX XXXX XXXX XXXX XXXX XXXX that lead investigators to an address where XXXX kilos of XXXX and evidence of fraudulent credit card accounts created to launder money in my name. They knew my social security number. Over the next seven hours, they continued to speak to me in a governmental manner, transferred me between agents and any time I called back, it was answered by an agent and then I was transferred to the primary contact. He convinced me that my assets associated with my SS # needed to be held somewhere safe while the US government replaces my old SS # ( prevents further criminal activity ) with a new one where my assets can be transferred. The only legal way to execute ( because its illegal for an individual without a SS # to hold more than {$500.00} ) this is to purchase gift cards using my assets ( savings account in cash, available credit ), scratch the numbers off of the back and read the numbers to him, the next morning an agent from the XXXX Social Security office would arrive at home with a cashiers check and a new SS #. I executed this process on XX/XX/XXXX with the entirety of my savings account, {$29000.00} and the following day using available credit totaling {$20000.00}. The agent stayed on the phone with me for hours both days, for my safety and when we got disconnected, they called me or I called them. On XX/XX/XXXX after I had completed the transactions and recited the numbers, the line was disconnected, when I called back, the receptionist at the legitimate XXXX XXXX DEA answered and I knew Id been defrauded. I called the FBI who provided me with a website to make a report to the Social Security office. I called my husband, he told me to go to the police station. I went to the XXXX at XXXX on XXXX and made a report ( XXXX XXXX XXXXXXXX XXXX XXXX ) while the crime was in progress. The agents continued to call me as I waited for an officer to take my statement. Sgt. XXXX answered the phone, yelled and threatened the criminals and demanded the return of my money. The calls stopped which XXXX said was his intended outcome. I gave my recorded statement in the presence of my husband, XXXX. XXXX and XXXX XXXX XXXX once finished I asked to call Chase Card Services as I was concerned about my accounts because the criminals had my social security number. \n\nI called the fraud department using the number on the back of one of my credit cards and was transferred to XXXX who reissued my credit cards. Though the criminals didnt have my account numbers, it made me comfortable to receive new cards. I explained the entire fraud scenario to him before he reissued the cards, he said he could see that the charges were still pending because I had executed the ( 3 ) transactions on ( 3 ) separate cards, all with XXXX as the merchant, about 3hrs prior to making the police report. He instructed me that we needed to wait 2-3 days for the transactions to post and then Chase would reverse the charges. I expressed to him my concern that when I called back once the charges posted that I would receive a fraud specialist other than himself. He said he was making notes in my account to document my situation and his instructions to me. He indicated that in criminal cases where a police report has been filed, Chase chooses to remove the customer from the situation by reversing the charges and then they work directly with law enforcement to try to recoup the funds. He said he understood that I think that this is so much money that there is no way Chase will refund it, but we will because you are the victim. He then spoke directly with XXXX. XXXX and provided him with the phone number for law enforcement to communicate with Chase ( XXXX ). On XX/XX/XXXX when the transactions posted to my accounts, I called Chase Card Services in order to follow the steps Id been given. For 90 minutes, I was transferred between the fraud department and the disputes department until I reached a customer service manager in disputes. I repeatedly explained to her the situation, my conversation with their fraud specialist and the steps to follow and expectations he set forth. I was not disputing any policy, I was simply trying to exercise the instructions I had been given. She and other management had reviewed the recorded conversation from XX/XX/XXXX and she apologized that the representative gave me misinformation, but it was now an internal issue. There is no one else for me to talk to, I can not have a copy of the recording because it will be used for internal training purposes. I told her that I do not accept that. I called my trusted financial institution in time of crisis and consumer expectation is that the information they provide is accurate and honored. The next day, I received a letter in regards to each account, alerting me that my dispute had been closed and the charges were valid. \n\n\n\nWhat follows is a bulleted timeline of the various actions Ive taken in an effort to receive the restitution promised by Chase as well as their responses. \n\nXX/XX/XXXX, XXXX I retain a XXXX XXXXXXXX XXXX XX/XX/XXXX, XXXX 1st demand letter from XXXX XXXX is sent to Chase XX/XX/XXXX, XXXX I begin communications with the XXXX XXXX XXXX XXXX specifically a consumer fraud specialist XXXX XXXX, to learn the timing of events, specifically whether there was an opportunity to reverse the credit card charges instead of waiting days for them to post. I also connect XXXX XXXX XXXX ( assigned to my case ) and XXXX XXXX via email introduction to aid in the police investigation XX/XX/XXXX, XXXX XXXX demand letter from XXXX XXXX XXXX sent to an alternate contact at Chase XX/XX/XXXX, XXXX XXXX XXXX provides XXXX response to the 1st demand letter dated XX/XX/XXXX XX/XX/XXXX, XXXX XXXX XXXX informs me of XXXX XXXX XXXX unexpected death XXXX XXXX I notice that the interest on ( 2 ) of my credit cards with fraudulent balances increased from 15 % apr to the maximum 24 % apr. I call Chase Card Services to relay the situation and request that my apr is lowered as I was not delinquent on any payments. The representative denies my request and informs me that the apr rate is applied at the discretion of Chase and she can not offer me options to lower it. \n\nXX/XX/XXXX, XXXX I issue a third demand letter, Intent to File pro se and Complaint to the following contacts at Chase via USPS XXXX XXXX XXXX XXXX General Counsel XXXX XXXX XXXX XXXX Vice President, Assistant General Counsel XXXX XXXX XXXX XXXX Assistant General Counsel XXXX XXXX XXXX XXXX Assistant General Counsel XXXX XXXX XXXX XXXX Assistant General Counsel XX/XX/XXXX, XXXX I receive a voicemail from XXXX at Chase Card Services in New York informing me that my case is being reviewed. \n\nXXXX XXXX I pay the existing balances resulting from the fraudulent charges on each credit card in order to reduce the financial burden of the continuing interest charges. I close ( 2 ) of the ( 3 ) accounts. \n\nXX/XX/XXXX, XXXX Legal counsel retained by Chase in XXXX XXXX calls to request an extension in order to catch up on the case ; I decline their request due to the financial hardship of paying off ( 3 ) balances and the desire to move the anticipated legal process along. \n\nXX/XX/XXXX, XXXX Legal counsel retained by Chase in XXXX XXXX emails me a document to sign acknowledging that I will not seek damages greater than {$75000.00}. I sign the document in good faith, to avoid court and recoup the funds used to pay down the fraudulent charges and corresponding interest. \n\nXX/XX/XXXX, XXXX I file a Complaint and Summons pro se with XXXX XXXX Superior Court . \n\nXX/XX/XXXX, XXXX XXXX XXXX Superior Court sends written confirmation the Complaint has been filed and endorsed with case number : XXXX XXXX \n\nXXXX XXXX I issue Proof of Summons and Alternative Dispute Resolution packet to the following Chase recipients via USPS but fail to have them officially served by an Agent of Service : XXXX XXXX XXXX General Counsel XXXX XXXX XXXX XXXX Vice President, Assistant General Counsel XXXX XXXX XXXX XXXX Assistant General Counsel XXXX XXXX XXXX XXXX Assistant General Counsel XXXX XXXX XXXX XXXX Assistant General Counsel XX/XX/XXXX, XXXX I submit Case Management Conference requirements to the court via Agent of Service as I am living outside the state of California. \n\nXX/XX/XXXX, XXXX I return to the XXXX XXXX Superior Court in person to check the status of my filings, as there is no online record of my filing. My Case Management Conference paperwork was received but not recorded as received. The clerk backdates it to XX/XX/XXXX, but Ive already missed the deadline and the appearance in court is pushed back. I learn that I have failed to have the defendant properly served the Complaint and Summons. \n\nXX/XX/XXXX, XXXX I use an Agent of Service to properly serve Chase and submit Proof of Summons with the XXXX XXXX Superior Court . \n\nXX/XX/XXXX, XXXX I consult with an attorney regarding the realities of moving forward pro se, and discover that I have exceeded the six month window to properly serve the defendant notice of filing the Complaint and Summonst. I have missed the deadline by a week and will need to refile and start the process from the beginning. \n\nXX/XX/XXXX, XXXX I file with the XXXX XXXX Superior Court in person XXXX Request for Dismissal because the cost in both time and money is beyond my capabilities. \n\nXX/XX/XXXX, XXXX I file with the XXXX XXXX Superior Court in person XXXX Notice of Entry of Dismissal and Proof of Service XXXX","date_sent_to_company":"2022-09-13T22:12:51.000Z","issue":"Problem with a purchase shown on your statement","sub_product":"General-purpose credit card or charge card","zip_code":"967XX","tags":null,"has_narrative":true,"complaint_id":"5977865","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"JPMORGAN CHASE & CO.","date_received":"2022-09-13T21:04:09.000Z","state":"HI","company_public_response":null,"sub_issue":"Credit card company isn't resolving a dispute about a purchase on your statement"},"highlight":{"complaint_what_happened":["I sign the document in good faith, to avoid court and recoup the funds used to pay down the fraudulent charges and <em>corresponding</em> interest. \n\nXX/XX/XXXX, XXXX I file a Complaint and Summons pro se with XXXX XXXX Superior Court ."]},"sort":[7.8603544,"5977865"]},{"_index":"complaint-public-v1","_id":"2549530","_score":6.0360837,"_source":{"product":"Debt collection","complaint_what_happened":"THE XXXX XXXX COUNTY COURT IS A CORPORATION. JUDGE XXXX XXXX XXXX WAS ACTING AS AN ADMINISTRATOR AND NOT LISTENING OR PROPERLY REVIEWING THE COURT RECORD. XXXX OBJECTED MULTIPLE TIMES THAT LAWYER XXXX XXXX XXXX WAS ABUSING THE LEGAL PROCESS, SINCE XXXX ALREADY MET THE BURDEN OF PROOF WITH SEVERAL CERTIFIED LETTERS SENT OUT WITHING 5 DAYS OF RECIEVING NOTICE FROM THE PARTIES WORKING WITH THE JUDGE COMMITTING FRAUD ; XXXX XXXX and XXXX XXXX XXXX, then XXXX XXXX, XXXX. JUDGE XXXX XXXX XXXX DID NOT HAVE XXXX CONSENT SHOWING UP IN COURT THE DAY XX/XX/XXXX, IN SPECIAL APPEARANCE AS A LIVE MAN. XXXX RESERVED THEIR RIGHTS '' WITHOUT PREJUDICE '' UCC 1-308. XXXX ALSO RESERVED THEIR XXXX GIVEN RIGHTS, COMMON LAW RIGHTS, CIVIL RIGHTS AND CONSTITUTIONAL PROTECTIONS. THEY ALSO INVOKED COMMON LAW AND DESCRIBED WITH LEGAL CITATIONS THAT THAT MATTER WAS BLENDED WITH LAW AND COMMON LAW EQUITY, AND CITED UCC 103.6. The judge was unfamiliar with blended law and the citations of XXXX XXXX v. XXXX ( XX/XX/XXXX), and XXXX v. XXXX, he did not know about any more recent cases that the case was based on being retired since XXXX. XXXX explained about XXXX v. XXXX XXXX XXXX since there were fraudulent assignments out of a IRS static trust, ie tax evasion. The trust was set up conforming to IRS IRC XXXX then was fraudulently canceled. Upon asking Judge XXXX about IRC XXXX he had no idea about it proving lack of jurisdiction. XXXX also asked about laws of Rescission citing XXXX v. XXXX, Judge XXXX also had no knowledge about this, and this was what the case was based on, that and other bankruptcy law that he also appeared to have not knowlege of. XXXX remarked that the court lacked jurisdiction and they did not have XXXX consent to move forward. XXXX  have had issues with a Judge XXXX within this same court, whom after 7 years of litigation determined that Judge XXXX had no oath of office. Which means he had no ability to contract with anyone during the time XXXX spent in his court so all judgments put out by him are now deemed null and void. I guess it is important to check with the secretary of state on this, if an judge does not have a oath on file with the notary division of the secretary of state, he or she has no ability to form contract. We feel that this judge was acting non-impartially, and unethically. Our presumption is this judge XXXX talks regularly with Judge XXXX and there is a relationship there, that provides a conflict of interest. This matter also involves other parties at this time in which XXXX have filed additional complaints. The latest court record is attached. Bottom line XXXX own the NOTE and they company is trying to foreclose on a DEED OF TRUST that is null and void, XXXX provided several pieces of evidence invalidating the deed of trust and summary judgment for unlawyful detainer. XXXX also provided certified letters in which each party trying to pursue a collection action has a duty to respond to. Also thirdly, XXXX received no loan counseling, and the parties acting together created fraudulent documents saying that the XXXX did so the process could move forward. The Judge XXXX XXXX XXXX, had all of the items brought to his attention, and looked a blind eye at the prima fascia evidence as if it did not exist. We presume he is somehow financially involved in this, either through a direct pay off or bribe. XXXX still do not consent to jurisdiction. The latest court record by XXXX is below. XXXX XXXX, XXXX Plaintiff ( s ), vs. <P/>XXXX XXXX & XXXX XXXX AND DOES 1 THROUGH 10, INCLUSIVE Defendant ( s ). ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No : : XXXX COURT RECORD FROM XXXX XXXX XXXX IN AN AFFIDAVIT OF TRUTH FROM PROCEEDING ON XX/XX/XXXX. XXXX XXXX, XXXX MOTION FOR SUMMARY JUDGMENT FOLLOWING ILLEGAL FORECLOSURE SALE VIOLATING 12 USC 3707, SENT CERTIFIED MAIL, ALSO VIOLATIONS OF CALIFORNIA CIVIL CODE SECTION 2923.5/AND 2923.55 ( C ), PLAINTIFFS HAVE NO STANDING SINCE THERE IS NO CONTRACT OR MORTGAGE BETWEEN THEM OR ANY OTHER PARTY REGARDING XXXX PROPERTY, BY JUDGE XXXX XXXX XXXX DATE : XX/XX/XXXX TIME : XXXX DEPT:17 Complaint filed XX/XX/XXXX ) AFFIDAVIT OF TRUTH DECLARATION OF XXXX XXXX XXXX I , XXXX XXXX XXXX, declare and affirm and state as follows, I live on XXXX XXXX County, on California XXXX United States of America . XXXX participated in a court on the XXXX of XX/XX/XXXXas a live man special appearance, going into the court XXXX reserved all of their XXXX rights given, civil rights, common law rights, and constitutional protections, without prejudice UCC 1-308.  They also invoked common law jurisdiction, the jurisdiction of the republic and did not give consent to solely be tried under law, but brought in law of equity since it, common law is supposed to have parity along side codes and statutes. Other then showing many corresponding prima fascia evidence proving fraud is taking place in the court, XXXX argument was about without prejudice UCC 1-308, and UCC at 1-103.6, the reservation of rights and the Blending of Law with Equity, since the auction sale on page two of XXXX XXXX XXXX XXXX exhibit 6 NOTICE OF TRUSTEES SALE, paragraph two explains that a lien ( interest ) is being sold and not the subject matter property, since the legal claim and complaint being put forth are that at the foreclosure sale of the house was being purchased which Judge XXXX did not want to get into, which is the center of the matter ; XXXX found this prejudicial to XXXX XXXX, XXXX XXXX Since, the interest of what was sold was not being defined, and XXXX XXXX, XXXX from there fraudulent manufactured were asked to come up with a contract with XXXX, and it could not be produced, or they just ignored XXXX. XXXX had also sent letters back to each party certified when XXXX were given notice ( XXXX EXHIBITS 9 ), since XXXX had not MORTGAGE on their property, each letter as far back when the default was recorded as far back as XX/XX/XXXX, none of the letters requesting validation of the alleged debt, or disputing the debt were ever responded to by any of the parties NATIONSTAR MORTGAGE, LLC/INC., or XXXX XXXX, XXXX, XXXXXX/XX/XXXX, or XXXX XXXX, and there were multiple letters sent to each. This proved that there were multiple violations invalidating the Alleged foreclosure sale and the interest that XXXX XXXX, XXXX is claiming to have purchased by credit bid, which is not lawful money. XXXX again found this prejudicial since they have no contract or agreement with NATIONSTAR MORTGAGE, LLC/INC., or XXXX XXXX, XXXX, XX/XX/XXXX, or XXXX XXXX  XXXX, asked in court if such a contract exists please bring it forth, and no such contract was produced, and they judge just went on ignoring that XXXX asked for the single most important document, that XXXX XXXX XXXX does not have. Then, XXXX, as HOLDER OF THE WET INK NOTE, produced the NOTE ( XXXX EXHIBITS 1 ), and explained the payment mechanism of their home purchase ( XXXX EXHIBIT2 ), that they are in possession of and HOLDERS IN DUE COURSE OF the WET INK NOTE, so the DEED OF TRUST, that was just shown, is null an void and fraud was being put on the face of the court by XXXX XXXX, XXXX and Attorney XXXX XXXX. XXXX then remarked that they are not aware that they have any current debts, XXXX referred Judge XXXX XXXX XXXX to ( XXXX EXHIBITS 10 ) in where it shows that a debt search was performed for XXXX XXXX on the UCC database XX/XX/XXXX at XXXX that pulled data from the UCC database dating back to XX/XX/XXXX that showed no judgments to validate the alleged default, or that would have shown a mortgage for XXXX if one existed. It showed that no mortgage was ever taken out by XXXX, also that no current judgment against XXXX is present from a search of this database going back to before any fraudulent security was signed on XX/XX/XXXX or XX/XX/XXXX. Next, in ( XXXX  EXHIBIT 10 ) a debt search was performed for XXXX XXXX on XX/XX/XXXX at XXXX that showed no judgment to validate the alleged default, and no mortgage showed up for XXXX. It showed that no mortgage was ever taken out and that no current judgment against XXXX are present from a search of this database going back to before any fraudulent security was signed XX/XX/XXXXor XX/XX/XXXX. These UCC searches are accompanied by a certificate of authenticity of XXXX XXXX Secretary of State, signed and sealedXX/XX/XXXX. This was all mentioned to Judge XXXX XXXX XXXX. Judge XXXX XXXX XXXX failed to recognize that at this point, XXXX produced a fatal piece of evidence, invalidating the claim of XXXX XXXX, XXXX since it was apparent at this time they lacked standing and had purchased interest that was undefined, and did not consist of any lien owned at any time by NATIONSTAR MORTGAGE, LLC. And, since XXXX had no debt, the lien purchased could not be theirs, it was fraud. XXXX provided a redacted Birth Certificate proving they are the beneficiaries of this case, and trust.XXXX provided documents showing they are the owners of the names XXXX XXXX XXXX and XXXX XXXX XXXX, and all name derivatives as recorded in ( XXXX EXHIBITS 10 ) XXXX XXXX County Records and the UCC. XXXX mentioned to Judge XXXX XXXX XXXX, that they have common law copyrights on their names as contained in ( XXXX EXHIBITS 12 ), there are two there. XXXX mentioned that XXXX XXXX, XXXX and there principals are Judgment debtors to XXXX and have violated XXXX, COMMON LAW COPYRIGHTS, in an amount of one invoice of {>= $1,000,000} sent to the certified dated XX/XX/XXXX, received XX/XX/XXXX in XXXX at XXXX. The second notice for invoices of {>= $1,000,000} was dated XX/XX/XXXX and was sent certified XX/XX/XXXX, these were in response to their illegal postings and mail fraud committed on XXXX. Letters and Invoices sent to XXXX XXXX, XXXX can be seen as ( XXXX EXHIBITS 3 ). XXXX made the point to XXXX XXXX XXXX XXXX, that XXXX XXXX, XXXX and its principals are judgment debtors to XXXX already with a perfected commercial judgment, and can not get a judgment on XXXX or an enforceable Unlawful Detainer since they XXXX XXXX XXXX are Judgment Debtors to XXXX. XXXX also pointed out to Judge XXXX XXXX XXXX, that they had provided documents of a redacted UCC showing the nature of their interest as the Paramount Interest Holder in THE NOTE, since they are holder in possession of the WET IN NOTE.XXXX further produced documentation of ( XXXX EXHIBITS 10 ), a certified document that shows as listed on the UCC DATABASE, XXXX are the owner of the property at XXXX XXXX XXXX, XXXX XXXX, CA XXXX. XXXX  also explained to Judge XXXX XXXX XXXX, that a redacted UCC page is located in ( XXXX  EXHIBITS 22 ) illustrating XXXX lien position on the property located at XXXX XXXX XXXX, XXXX XXXX, CA XXXX, they are the paramount interest holder in the property with beneficial interest, equitable interest and legal interest and underlying interest as the original purchaser, and the house is being held in the XXXX FAMILY TRUST private for XXXX benefit, all recorded on UCC since XX/XX/XXXXwith updates. XXXX even remarked to Judge XXXX XXXX XXXX, that they were forced into filing a bankruptcy that listed all parties claiming any mortgage interest in the subject property, and that this issue has already been decided at a higher jurisdiction in XXXX XXXX, by a Federal Judge when each party claiming interest in the property located at XXXX XXXX XXXX, XXXX XXXX, CA XXXX. It was apparent from this that all the recordations done by XXXX XXXX, XXXX in the county record were done fraudulently by XXXX XXXX XXXX, since they lacked standing to pursue these and they are in clear violation of GOVERNMENT CODE SECTIONS XXXX ; The False Claims Act.XXXX explained At this time Judge XXXX XXXX XXXX started trying to help the Attorney, by mentioning from the XXXX  lengthly unlawful detainer rebuttal paperwork and exhibits that the Appeals court mentioned that no amended complaint was filed in an original case file. XXXX responded by saying that a motion was filed for a 20-60 day leave to amend the complaint but it was procedurally denied. Judge XXXX XXXX XXXX then mentioned in XXXX exhibits of the county recorder files that there were several judgments listed under XXXX. XXXX responded that all of the judgments you see in the county recorder files have been paid through the court, XXXX are secured party creditors, they have each been paid through the county comptroller. XXXX are current will all property taxes paying them themselves and have the documentations. XXXX also cary their own property insurance on their home. So, there are no judgments to enforce the default, and XXXX illustrated this in their ( XXXX EXHIBITS 10 ). XXXX required the contract be brought forth, No Alleged contract was or has been brought forth by Attorney XXXX, since there is no contract or agreement present between XXXX and any party, XXXX claim that XXXX XXXX XXXX has no standing to pursue this matter and it should be dismissed with prejudice, and that Judge should correct this issue by giving XXXX a Quiet Title to the said property, and have the Sheriff produce a new Sheriffs Deed.. The presumption that the lien that XXXX XXXX, XXXX is void and invalid, leading to the presumption that the unlawful detainer action has no legal basis or grounds to move forward, and is being orchestrated fraudulently with fraudulently created and recorded documents in the county records by XXXX XXXX XXXX of XXXX XXXX, XXXX. XXXX mentioned the XXXX XXXX case v. XXXX ( XXXX ) and XXXX v. XXXX, about law blended with equity. From Paragraph 2, NOTICE TO POTENTIAL BIDDERS, where it clearly states that a lien is being auctioned not the property. XXXX then brought up that according to UCC 1-103.6 it states that THE CODE IS COMPLIMENTARY TO THE COMMON LAW, a reservation of rights was also made under ICC XXXX. XXXX mentioned that UCC 1-103.6 states that, The Code can not be read to preclude a Common Law Action.XXXX. XXXX illustrated this with a Senate document from the XXXX CONGRESS,  DOCUMENT XXXX, SESSION XXXX, Congress in XXXX, CONTRACTS PAYABLE IN GOLD, and brought up this point since the document speaks to liens and interest, where on page 13 he read a quote, The ultimate ownership of all property is in the State ; individual so-called ownership is only by virtue of Government, i.e. law, amounting to mere, user ; and use must be in accordance with law, and subordinate to the necessities of the State., from this excerpt XXXX XXXX explained that even the deed of trust, if it were valid is invalidated by this excerpt in that we only have liens on the contractual air space within housing. This this bolsters XXXX equity argument since he has beneficial interest, legal interest, and equitable and underlying interest of the original transaction purchase of the house, and has made improvements to the property. XXXX then pointed the judge to the ( XXXX  EXHIBITS 22 ) in that XXXX XXXX compiled a listing of his financial interest in the property at XXXX XXXX XXXX, XXXX XXXX, CA XXXX ( XXXX EXHIBIT 22 ) that shows that they are the paramount interest holder of the subject property and already have a lien on the property with a large amount prior to XXXX, XXXX, XXXX XXXX XXXX then asked the judge if he insists proceeding with the case, he has made a legal determination that sections 1-308 and 1-103 of the UCC, which if the system of law that he is operating under, are they not valid law before the court. Then he just went back to as a matter of law. XXXX XXXX mentioned that he had filed multiple complaints with the CFPB, Governor, Attorney General, and Secretary of State, and DA and Sherriff and IRS, in a complaint format. We purchased a home from XXXX and XXXX XXXX and signed what has been revealed to us as a fraudulent security document first in XXXX then on XX/XX/XXXX. The NOTE that we signed was immediately monetized in XX/XX/XXXXnullifying any DEED OF TRUST or alleged mortgage, paying off the house. We had been paying out of reliance on this fraudulent security since our move in date on XXXX. It was not until recently that we filed multiple rescission ( 12 CFR 226.3 gives the right to rescind ) in XXXXXX/XX/XXXXtime frame and learned more about the transaction from a retired Wall Street banker and attorney that we hired to do a loan investigation clarifying the process around XXXX time frame. By filing the rescission letters in our paperwork we discussed the holding of the Supreme Court XXXX v. XXXX and how it nullifies the DEED OF TRUST, the document that is used to foreclose, thus with no deed of trust the unlawful detainer and fraudulent foreclosure sale is nullified..This documentation was back by ( XXXX EXHIBIT 5 ). XXXX also showed their NOTE which is their document of ownership and a CERTIFIED STAMPED DEED. All XXXX XXXX XXXX showed was copied documents from the county records. Everything was manufactured, and not original signatures and none embossed with authentic seals. XXXX objected to the evidence that it was false, fraudulent and manufactured, to the Judge XXXX XXXX XXXX. Attorney XXXX just said his paper perfecting the sale was in order. XXXX also had mentioned they hired a hand writing expert and XXXX XXXX to analyze many documents that were behind this agreement that were never disclosed to us. XXXX asked the judge if he understood about IRC XXXX Trusts involving IRC XXXX, and he has no knowledge of such things. XXXX then again made a jurisdiction argument that was not received well. One in particular XXXX spoke about a document that was used on this most recent foreclosure the THE CORPORATE ASSIGNEMENT OF DEED OF TRUST, that nullifys this current action. It was determined as being fraudulent and a manufactured document by hand writing expert XXXX XXXX, this document was brought forth in court on the XXXX for Judge XXXX XXXX to inspect. This one document nullifies the alleged forclosure as far as the ulawful detainer being based off of a fraudulent assignment since this case involved a IRC XXXX tax free IRS trust that was then fraudulently nullified in XXXX. And is a fraudulent document from expert testimony, and an invalid assignment because of the nature of the static trust it was in. Again, multiple documents that were sent our refuting any and all notices from Title 365, XXXX XXXX XXXX, and XXXX XXXX, XXXX. XXXX were sent out disputing the debt and asking for validation of the alleged debt as per 12 USC 3707 and none of the notices were responded to ( XXXX EXHIBITS 3 ). Also, XXXX mentioned that they were not contacted as per California Civil Code Section 2923.5/and 2923.55 ( C ) invalidating the chain of title of the foreclosure and this unlawful detainer action. XXXX explained that Nationstar, Title 365, XXXX XXXX XXXX recycled some paperwork from the county records from XXXX, and XXXX were never contacted for any loan counseling were it would have been determined that they did not have a loan. XXXX objected to Attorney XXXX XXXX XXXX abusing the legal process, since XXXX had already met the burden of proof for a jury trial in the XXXX Court with their exhibits and were scheduled for a JURY Trial, with Jury selection on the XXXX. XXXX also was filing fraudulent manufactured documents, while XXXX object, and XXXX filed rebuttals to all of the fraudulent documents that were not timely filed with XXXX for a proper response, some proof of services not signed by XXXX or with the incorrect plaintiffs name on the paperwork, and most all documents of XXXX XXXX, XXXX, lacking affidavits and declarations that they were authentic. Judge XXXX XXXX XXXX did not want to get into any of XXXX point by point rebuttal of affidavits, declarations or presentments of evidence by XXXX. XXXX brought up other evidence of their filings with the Consumer Financial Protection Bureau ( XXXX EXHIBITS 8 ), and he did not want to talk about any of the multiple letters sent to the XXXX XXXX XXXX DA, the California Attorney General, the California Secretary of State, or Sherriff of XXXX XXXX County XXXX XXXX putting them notice about the fraud with proof of the fraud. XXXX have contacted the FBI about this and filed a report and other Federal oversite has been contacted. XXXX reserved their rights without prejudice UCC 1-308, and other rights at without prejudice ICC 1-308, the commencement of this action and explained to the Court that they lacked jurisdiction in this matter ( XXXX v. XXXX ) in mentioned in XXXX  paperwork, since the case has already been presided on by a Federal Judge as far as the interest in the property and NATIONSTAR MORTGAGE, LLC /INC was listed in XXXX bankruptcy ( XXXX  EXHIBIT 9, back page ) and they failed to provide any proof of claim and were discharge without claim XX/XX/XXXX several years before any default judgment was filed against XXXX, or that XXXX were notified of. XXXX were not given a time to cross examine any witnesses that offered testimony or declarations or affidavits. XXXX proved from ( XXXX XXXX, XXXX EXHIBIT 6 ), that the house was not purchased ; but what was designated as an interest sale was some type of lien, but was not defined. XXXX brought up that XXXX XXXX XXXX had no standing because no contract or agreement existed between the parties. XXXX got cut off right before they were going to move the court because of XXXX XXXX, XXXX lack of standing to dismiss the matter. Recently it has been disclosed to us that we are a 3rd party beneficiaries to many of the documents that were not disclosed to us like the prospectus and the pooling in service agreements of the side running financial investment without our knowledge as part of Wall Street scheme, all nullifying any contract, for failure to disclose. We know now that there was never a valid deed of trust in place that was lawful to compel our payment, or to foreclose, and most of all of the reliance was done through mail fraud by XXXX XXXX, XXXX XXXX XXXX, and XXXX XXXX, XXXX. Nationstar Mortgage, inc./LLC whom we never have had any agreement with ( XXXX ). XXXX brought up in court that in XXXX credit reports Nationstar Mortgage had reported on XXXX credit report, that before the alleged foreclosure sale XXXX balance was at {$0.00} in a paid off status as far as 3 years prior with Nationstar. So there were no monies owed to foreclose on as per NATIONSTAR, since they reported as such after it was determined a fraudulent security.The Judge XXXX then tried to help counsel XXXX by saying the records of the county showed judgments, XXXX explained that each was for court fees that were paid by XXXX to the court, no evidence was brought forth to refute XXXX claims. Judge XXXX then started to dig in the appeal record, questioning why the complaint was not amended. XXXX XXXX replyed that he filed a 20 -60 day leave to amend the complaint but it was procedurally denied by judge XXXX in the prior case. The case by its own merits has been moved to the US SUPREME COURT from starting back in XX/XX/XXXXtill now. This whole time XXXX claiming standing as secured party creditors since they have filed their UCC-1 and other filings holding the property in trust. XXXX were cut off at that time not being able to ask to move the court for judgment of dismissal based on the prima fascia evidence that XXXX provided. They believe that Attorney XXXX is doing the Summary Judgment to avoid the already scheduled jury trial for the week of the XX/XX/XXXXthrough the XXXX, since XXXX had already met the burden of proof and paid the required {$150.00} fee this matter being tranfered out of the XXXX COURT. XXXX objected to the court that the process was not per the court rules and that they received XXXX XXXX, XXXX documents on the XXXX later in the day and returned them back with XXXX responses sent in the mail on the XXXX, refuting XXXX XXXX, XXXX claims was not enough time for the court to review, in fact in what XXXX XXXX observed they did not review them. XXXX were only given 3 business days to work on the paperwork and sent them in the mail served back on the XXXX, when XXXX were in court, the court still had not received their document service, neither had Attorney XXXX. XXXX strongly object to this process and find it prejudicial to XXXX XXXX, XXXX, and that it is abuse of process since this is the second time XXXX are being denied access to a Constitutional Protection and JURY PROCEEDING. This also damages the law since it is supposed to be base of public policy of jurys, WE THE PEOPLE.XXXX have thus filed a second 11 Amendment notice for damages, and have demanded the oath of office, XXXX Form and Replevin Bond of Judge XXXX XXXX XXXX. We estimate that these bad actors working in concert with the court have caused several millions of dollars in damages to the XXXX ( 3 ). XXXX XXXX then put the court on notice that, he would be appealing the legal determination. XXXX XXXX also asked Judge XXXX if he had a judicial bond, and if he could have a copy of it. He was not answered that was audible. This is another request for the Judicial/Replevin Bond of Judge XXXX XXXX XXXX. XXXX XXXX has given XXXX XXXX permission to communicate about this matter for her. WE DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. EXECUTED ON THIS XXXX DAY OFXX/XX/XXXX, AT XXXX, California. 1. The acts and omissions of Defendants, and their agents, each of them, caused Plaintiffs to suffer actual damages, bankruptcy, credit damage, emotional damages, loss of good title and accrued attorney fees, potential y loss of their home which is valued as over {$670000.00} and is a non negotiable instrument since XXXX have possession of the NOTE and are not wanted to sell it or negotiate it at this time. This means that Judge XXXX XXXX XXXX is commercially liable as per 452 B. R. 876. For XXXX damages from the non-negotiable instrument. XXXX will pursue a commercial remedy in this matter. 2. The acts and omissions of Plaintiffs, and their agents, each of them, continue to cause Defandants to suffer actual damages, emotional damages loss of good title and accrued attorney fees. PRAYER WHEREFORE, Plaintiffs pray for judgment against Defendants, each of them, as follows : 1 )  For a determination that Defendants, each of them, violated CIVIL CODE 2924 2 ) For an Order enjoining the sale or encumbrance or taking of possession of the subject property by Defendants of its agents or assigns until this matter is resolved, 3 ) For an Order cancelling the NOTICE OF DEFAULT, THE ( two ) NOTICES OF TRUSTEE SALE, and the SUBSTITUTION OF TRUSTEE, any ASSIGMENTS, and any TRUSTEE DEED UPON SALE. 4 ) For determination that Defendants, each of them, committed the tort of Intentional Misrepresentations against Plaintiffs, causing harm, 5 ) For determination that Defendants, each of them, committed the tort of Conspiracy against Defendants, causing harm, 6 ) For determination that Plaintiffs, each of them, have engaged in systematic unfair and deceptive business practices in violation of BUSINESS AND PROFESSIONS CODE Section 17200, 7 ) For determination as to the historical Chain of Title of the subject Note including a determination of who current owns the note, who has standing to foreclose or re-convey the deed of trust to XXXX and to Quiet TITLE to XXXX. 8 ) Damages in an amount to be proven at trial, 9 ) Punitive damages in an amount to be proven at trial, 10 ) For Restitution in an amount to be proven at trial, 11 ) For costs of suit and reasonable attorney fees herein incurred, in this commercial remedy. 12 ) For such other and further relief as a Court may deem proper. DATED :XX/XX/XXXX Respectfully submitted, _______________________________________ XXXX XXXX XXXX,, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX, CA XXXX","date_sent_to_company":"2017-06-18T18:48:19.000Z","issue":"Attempts to collect debt not owed","sub_product":"Other debt","zip_code":"95391","tags":null,"has_narrative":true,"complaint_id":"2549530","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"NATIONSTAR MORTGAGE LLC","date_received":"2017-06-18T18:48:17.000Z","state":"CA","company_public_response":null,"sub_issue":"Debt was already discharged in bankruptcy and is no longer owed"},"highlight":{"complaint_what_happened":["They also invoked common law jurisdiction, the jurisdiction of the republic and did not give consent to solely be tried under law, but brought in law of equity since it, common law is supposed to have parity <em>along</em> side codes and statutes."],"sub_product":["<em>Other</em> debt"]},"sort":[6.0360837,"2549530"]},{"_index":"complaint-public-v1","_id":"6861858","_score":5.4076924,"_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":["CREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF THE CLAIM Please provide all of the following information and submit the appropriate forms and <em>paperwork</em> back to me <em>along</em> 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."]},"sort":[5.4076924,"6861858"]},{"_index":"complaint-public-v1","_id":"3551797","_score":5.391671,"_source":{"product":"Debt collection","complaint_what_happened":"Sarma Collections Incorporated never provided any valid evidence of debt within the 30-day time frame from a dispute filed from the alleged debtor. I requested information from the creditor by affidavit ( from a commissioner of the court ) and the company didn't provide any information requested but a printed bill ( with the missing government state identification that must be used to verify debtor ) nor did they remove any debt from my credit report. I have already informed this company that I do not want to contract with their company, not do I have a law and binding contract with their company.\n\nALSO 1 ) Please provide proof of notice that was given that was to be submitted Within five days of the collector 's initial communication, it must send you a notice include the amount of the debt, name of the creditor, and notice of your right to dispute the debt within 30 days. [ 15 USC 1692g ] 809 ( a ) A debtor must be allowed to validate the debt that they are being called on. Once a collections agency notifies the individual that they owe a debt, the individual has 30 days to validate or dispute the debt. The collections company is not allowed to continue collections procedures until after the debt is validated or disputed.\n\n1. Please attach a copy of any signed agreement alleged debtor/claimant has made with debt collector, or other verifiable proof that debtor/claimant has a contractual obligation between the debtor and Sarma Collections Incorporated to pay debt collector which will give your company jurisdiction to report this debt on my credit.\n\nNOTICE OF DISPUTE ; DEMAND FOR VALIDATION AND PROOF OF CLAIM To Whom It May Concern This letter is being sent to you in response to a computer generated, unsigned letter received by Claimant from your offices. Be advised that your claim is disputed and validation and proof of claim of the disputed debt is requested in accordance with the Fair Debt Collection Practices Act, 15 USC 1692 and as amended by adding the following new Title 8 USC 802 et seq., and the Fair Credit Billing Act, 15 USC. 1666 et seq. All of which work in conjunction with each other, including the Truth In Lending Act ( TILA ) 15 USC 1601 et seq. It is not now, nor has it ever been, my intention to avoid paying any obligation that is lawfully owed by the Claimant. In order to make arrangements to pay an obligation which may be lawfully owed, please document and verify the debt by complying, in good faith, with this request for validation and return it to me, within thirty ( 30 ) days of receipt of this letter.\n\nThis is NOT a request for verification or proof of Claimant mailing address, but a request for VALIDATION and PROOF OF CLAIM made pursuant to the above-named Titles and Sections. I respectfully request that your offices provide Claimant with competent evidence as per the attached Declaration and Proof of Claim that I have any legal obligation to pay you the unsubstantiated alleged debt. Furthermore, you shall cease all verbal communication. No phone calls to the Claimant.\n\nAt this time, I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus, such as, XXXX, XXXX and XXXX prior to validation and proof of claim of the disputed debt, this action might constitute fraud under both Federal and State Laws. Due to this fact ; if any negative mark is found on any of Claimant credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character Violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341 ( Mail Fraud ) This debt is considered to be invalid until I receive proper validation and your offices provide Claimant with proof of claim of the disputed debt. Your offices have 30 days to produce the required documentation in accordance with FTC guidelines. During this validation period and proof of claim, if any action is taken which could be considered detrimental to any of Claimant credit reports, said action will be considered a dishonor and cause the self-executing contract portion of this notice to be implemented. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated.\n\nIf your offices fail to respond to this validation and proof of claim request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from Claimant credit file and a copy of such deletion request shall be sent to Claimant immediately.\n\nTitle 8 USC 809. Validation of debts [ 15 USC 1692g ] ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such validation and verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.\n\nBLACKS LAW DICTIONARY : VERIFICATION. Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition.\n\nVALIDATION. Proving the validity of accuracy of the claim.\n\nCounter Claim with Self-Executing Contract If Respondent, such as by commission, omission, and otherwise : ( a ) Fails to provide VALIDATION and PROOF OF CLAIM within thirty ( 30 ) days ; ( b ) Makes a false representation of the character of the herein above-referenced alleged debt ; ( c ) Makes a false representation of the legal status of the herein above-referenced alleged debt ; ( d ) Makes any threat of action that can not legally be taken, in violation of any applicable law, such as, the law codified at the Fair Debt Collection Practices Act, will be construed to be Respondents tacit acceptance of the terms and condition stated herein. In which case RESPONDENT agrees to : ( e ) Voluntarily report this account to all credit bureaus as paid as agreed ; and, ( f ) Voluntarily waive all claims against Claimant, their Agent or Heirs with prejudice ; and, ( g ) The matter regarding the alleged debt is finally and totally settled ; and, ( h ) Voluntarily admits the Claimant is the depositor for this account, that Respondent risked none of their assets at any time regarding this account and that they failed to disclose these material facts to Claimant ; and, ( i ) Voluntarily report the date of last activity on this account is the date of this notice.\n\nFurthermore, RESPONDENTS failure to Cease and Desist in accordance with the requirements of the FDCPA and other related law, and/or satisfy the above terms and conditions, constitutes RESPONDENTS Breach of Duty and voluntary agreement to compensate Claimant, by certified mail, with a cashiers check within thirty ( 30 ) days of the date of billing by Claimant, their Agent or Heirs, in the following amounts : I ) One Thousand Dollars ( {$1000.00} ) for each communication made to Claimant or their Agent or Heirs, whether telephonically or in writing, which is not in affidavit form, by a person who has firsthand knowledge, regarding Respondents unsubstantiated claim ; and, II ) XXXX XXXX XXXX ( {$50000.00} ) for each transaction initiated by Claimant where Claimants commercial ability is impeded due to you, your agents or assigns adverse credit reporting ; and, III ) XXXX XXXX XXXX ( {$5000.00} ) for each court appearance Claimant, their Agent or Heirs makes in response to Respondents unsubstantiated claims ; and, IV ) RESPONDENT owes Claimant the balance equal to the purported credit limit on this account, plus interest and fees, for money lent ; and, V ) Three times the alleged claim amount of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( {$160000.00} ) which equals ( {$490000.00} ) ; and, VI ) XXXX XXXX XXXX ( {$5000.00} ) per occurrence, for listing or reporting any information to a credit reporting repository which could be considered detrimental to Claimants credit history ; and, VII ) Punitive damages in the amount of ( {$270000.00} ) ; and VIII ) Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs ; fees and expenses incurred in defending against this and any and all continued collection attempts ( by anyone ) re the above-referenced alleged account RESPONDENT also agrees to : 1. Voluntarily authorize Claimant to record a UCC-1 on RESPONDENT as debtor to secure the debt owed Claimant ; and, 2. Voluntarily prove their claim as a RESPONDENT in possession of Claimant property in a involuntary bankruptcy proceeding process ; and, 3. Voluntarily compensate Claimant for ALL costs and attorneys/consultant fees ; and, 4. Resolve ALL claims by Claimant, against Respondent, et al, exclusively and finally through binding arbitration, if necessary, to enforce the above terms, conditions, fees, penalties and damages. Arbitration replaces the right to go to court except to confirm an arbitration award. The arbitration organization that is selected will apply its code or procedure in effect at the time the arbitration is filed, subject to this agreement. The arbitration will be conducted before a single arbitrator. The arbitrators authority is limited solely to the Claims between Claimant and Respondent alone. The arbitration will not be consolidated with any other arbitration proceeding. If Claimant prevails in the arbitration of any Claim against Respondent, Respondent will reimburse Claimant for any fees Claimant paid to the arbitration organization in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive any voluntary payment of Claimants claim against Respondent, in full, or any bankruptcy by Respondent.\n\nThis is a private communication and is intended to affect an out-of-court settlement of this matter. Conduct yourself accordingly. Should any provision on this agreement be found to not be enforceable by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become enforceable.\n\nEquality under the Law is PARAMOUNT and MANDATORY by Law NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL Applicable to all successors and assigns Silence is Acquiescence/Agreement/Dishonor You are the second party that has written a letter purporting to represent, or have as your client, and the first was not registered as a debt collector in Maine and they have not answered the debt validation request presented to them. This is Notice that I do not recognize the Respondent from which the Claimant has received a computer-generated debt collection attempt, and I must necessarily dispute part, or all, of the alleged debt until the following is received ...\n\nCREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF CLAIM Please provide all of the following information and submit the appropriate forms and paperwork back to me along with an Affidavit signed In Accordance with 28 U.S.C. 1746 within 30 days from the date of your receipt of this request for validation and proof of claim.\n\n1. Alleged Name and Address of Creditor 2. Name on File of Alleged Debtor : 3. Alleged Account # : XXXX 4. Amount of alleged debt : 5. Date that this alleged debt became/becomes payable : 6. Date of original charge off or delinquency : 7. Amount paid if debt was purchased : 8. Please attach a copy of any signed agreement alleged debtor/claimant has made with debt collector, or other verifiable proof that debtor/claimant has a contractual obligation to pay debt collector.\n\n9. Furnish a copy of the original promissory note/agreement redacting my social security number to prevent identity theft and state that your client named above is the holder in due course of the note agreement and will produce the original for my own and a judges inspection should there be a trial to contest these matters.\n\n10. Produce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. Such as ; FR 2046 balance sheet ( XXXX XXXX XXXX XXXX XXXX XXXX  ), 1099 OID report, S-3/A registration statement, 424-B5 prospectus, RC-S & RC-B call schedules 11. Identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt.\n\n12. Verified specifically, name ( s ) of person ( s ) assigned as Trustee to handle Corporations affairs and to be held accountable for the actions of the Corporation. Such as CFO and subordinates responsible for debt collections.\n\n13. Verify as a third-party debt collector, you have not purchased evidence of the alleged debt and are proceeding with collection activity in the name of the original maker of the note.\n\n14. Verify you know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity.\n\n15. Provide verification from the stated creditor that you are authorized to act for them.\n\n16. Verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing, which you know is false with the intention that others rely on the written communication to their detriment a violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341.\n\nNOTICE OF CLAIM DISPUTE NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT APPLICABLE TO ALL SUCCESSORS AND ASIGNS **********************SILENCE IS ACQUIESENCE*********************** NOTICE AND DEMAND TO CEASE AND DESIST COLLECTION ACTIVITIES PRIOR TO VALIDATION OF PURPORTED DEBT Pursuant to the truth in lending laws of the United States Code , Title 15 1601 et. Seq. and the Fair Debt Collection Practices Act laws of the United States Code 1692 et. seq This notice constitutes a timely written response to your Fair Debt Collection Practices Act notice that you are attempting to collect an alleged debt and is not a dishonor of your alleged claim of debt.\n\nThis notice is my, required by law, demand to cease and desist collection activities prior to validation of purported debt and you must validate the enclosed claim of an alleged debt. You must provide verification that an actual debt really exists by producing the following : 1. The name and address of the organization or other governmental unit alleging a debt ; 2. The name and address of the person or persons in that organization or other governmental unit alleging a claim of debt ; 3. The name of the actual creditor even if that is myself ; 4. The origin of the funds used to create this alleged claim of debt 5. The actual records of the organization or other governmental unit showing the time and place of the deposit and distribution of the funds used to create this alleged claim of debt.\n\n6. The actual records of the organization or other governmental unit showing that an actual loan was made from the organization or other governmental units own funds that resulted in the enclosed alleged claim of a debt.\n\n7. The actual records of the organization or other governmental unit with a live signature on any and, all document/instrument ( s ) used to allege the existence of a real loan of funds or debt from the organization or other governmental unit to myself or anyone else by similar name.\n\n8. Be advised that verification is defined ( Blacks Law Dictionary, 6th Edition ) as follows : Confirmation of correctness, truth, or authenticity, by affidavit, oath or deposition. Affidavit of truth of matter stated and object of verification is to assure good faith in averments or statements of party.\n\n9. The actual records of the organization or other governmental unit showing that an honest disclosure of facts relating to the alleged loan was made by the organization or other governmental unit in compliance with the truth in lending laws of the United States Code, Title 15 -1601 et. seq and Regulation Z.\n\n10. The actual records of the organization or other governmental unit showing that any, and all documents /instrument ( s ) containing my signature or likeness of my signature were not negotiated or pledged by the organization or other governmental unit against my credit to create the funds used for the appearance of a debt and resulting in this alleged claim of debt.\n\n11. The person that prepares and swears to the validation of debt must describe:1 ) your job description on a daily basis ; 2 ) if you are the regular keeper of those books and records and are familiar with how they are kept and their contents ; 3 ) How long have you been in your position ; 4 ) When did you first come in contact with the alleged account/debt ; 5 ) How frequently do you work with the files and information they are presenting to verify/validate the alleged debt ; and 7 ) Do you have personal knowledge about the alleged debt and/or any alleged account.\n\n15 U.S.C -1692 ( e ) states that a false, deceptive, and misleading representation, in connection, with the collection of any debt, includes the false representation of the character or legal status of any debt and further makes a threat to take any action that can not legally be taken a deceptive practice.\n\nPursuant to 15 U.S.C -1692 ( g ) ( 4 ) Validation of Debts, if you have evidence to validate your claim that the attached presentment does not constitute fraudulent misrepresentation and that one owes this alleged debt, this is a demand that, within 30 days, you provide such verification/validation and supporting evidence signed and certified under penalty of perjury to substantiate your claim. Until the requirements of the Fair Debt Collections Practices Act have been complied with and your claim is verified/validated, you have no consent to continue any collection activities.\n\nThis is a constructive notice that, absent the validation of your claim within 30 days, you must cease and desist any, and all collection activity and are prohibited from contacting me through the mail, by telephone, in person, at my home, or at my work. You are further prohibited from contacting any other third party. Each, and every attempted contact, in violation, of this act, will constitute harassment and defamation of character and will subject your agency and/or attorney and any, and all agents in his/her individual capacities, who take part in such harassment, and defamation, to a liability for actual damages, as well as statutory damages of up to {$1000.00} for each and, every violation, and a further liability for legal fees to be paid to any counsel which I may retain. Further, absent such validation of your claim, you are prohibited from filing any notice of lien and /or levy or judgment and are also barred from reporting any derogatory credit information to any credit reporting agency, regarding this disputed purported debt.\n\nFurther, pursuant to the Fair Debt Collection Practices Act 15 U.S.C 1692 ( g ) ( 8 ), as you are merely an agency or other governmental unit of the United States, acting on someone elses behalf, this is a demand that you provide the name of the original principal or holder in due course, for whom you are attempting to collect this alleged debt.\n\nPlease take notice that this legal notice will be forwarded as a criminal investigation of the business practices of the above, named organization or other governmental unit, its agents, officers, employees and attorney to determine violations of the United States criminal laws. Your claims of collection of a purported debt appears to be founded upon a false record in violation of U.S.C Title 18 -2071 and 2073 ( falsifying records ) and further ; uttering and possessing false obligations and counterfeit securities based upon the falsified records in violation of U.S.C Title 18 -471,472,473and or 513, and further using corrupt business practices to make and possess false records and claim if obligation, not substantiated by truthful facts in violation of the Federal Racketeer Influences and Corrupt Organization ( RICO ), U.S.C Title 18 1961 et.seq and further using the U.S. Mail to present such fraud and false instruments amounting to Mail Fraud, criminal conduct falling under Title 18 U.S.C -1341 Frauds and Swindles laws, and further sending mal with false and fictitious names, criminal conduct falling under Title 18 U.S.C -1842 Fictitious Names. IE XXXX XXXX. ALL INFORMATION WILL BE FORWARDED TO THE TEXAS INSPECTOR GENERAL OFFICE AND IRS CRIMINAL DIVISION TO INVESTIGATE SARMA COLLECTIONS INCORPORATED PER THE BANKING SECRECY ACT AND THE PATRIOT ACT AS WELL AS ALL MONEY INSTRUMENTS TO BE DISCLOSED.\n\nTAKE NOTICE SARMA COLLECTIONS INC. failure in providing respondent with the requisite verification, validating the above referenced alleged debt within the requirements of law as codified in the Fair Debt Collection Practices Act, Fair Credit Reporting Act, Banking Secrecy Act, Patriot Act and the corresponding laws of each state, signifies that Debt Collector tacitly agrees that : A. ) Debt collector has no lawful, bona fide, verified claim, re the listed accounts : # XXXX B. ) Debt Collector waives any, and all claims against respondent C. ) Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs, fees and expenses incurred in defending against this and any, and all continued collection attempts, re the above-referenced alleged accounts.\n\nD. ) Failure of Debt Collector to properly and legally verify/validate alleged debt as required in this notice us a self-executing irrevocable power of attorney authorizing Respondent/Alleged Debtor named herein to direct the permanent removal, on behalf of the alleged Creditor, of any, and all references to said accounts in any, and all credit reporting agency files of any type.\n\nThis response will constitute my effort to resolve this on-going debt claim between the parties involved. Until full disclosure on and for the official public record with a signed affidavit attached is achieved, there can be no case, collection or action. No civil or criminal cause of action can arise lest, out of fraud, there be valid, honest contract See Eads V Marks 249 P. 2d 257,260 Furthermore Title 12 U.S.C -411 Federal reserve notes, to be issued at the discretion of the Board of Governors of the Federal Reserve System for the purpose, of making advances to Federal reserve banks through the Federal reserve agents as hereinafter set forth and for no other purpose, are authorized. The said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federal reserve banks and for all taxes, customs, and other public dues. They shall be redeemed in lawful money on demand at the Treasury Department of the United States, in the city of Washington, District of Columbia, or at any Federal Reserve bank.","date_sent_to_company":"2020-03-03T07:17:35.000Z","issue":"False statements or representation","sub_product":"Medical debt","zip_code":"752XX","tags":null,"has_narrative":true,"complaint_id":"3551797","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Sarma","date_received":"2020-03-03T02:07:55.000Z","state":"TX","company_public_response":null,"sub_issue":"Attempted to collect wrong amount"},"highlight":{"complaint_what_happened":["CREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF CLAIM Please provide all of the following information and submit the appropriate forms and <em>paperwork</em> back to me <em>along</em> with an Affidavit signed In Accordance with 28 U.S.C. 1746 within 30 days from the date of your receipt of this request for validation and proof of claim.\n\n1. Alleged Name and Address of Creditor 2. Name on File of Alleged Debtor : 3. Alleged Account # : XXXX 4. Amount of alleged debt : 5."]},"sort":[5.391671,"3551797"]},{"_index":"complaint-public-v1","_id":"2718293","_score":5.362955,"_source":{"product":"Debt collection","complaint_what_happened":"COMPANY DID NOT RESPOND Company never provided any valid evidence of debt within the 30-day time frame from a dispute filed with the credit bureaus. I Requested information from creditor by affidavit ( from a commissioner of the court ) and the company did n't provide any information requested but sent a printed unsigned ledger nor did they remove any debt from my credit report. Certified Mail # XXXX XXXX ) Please provide proof of notice that was given that was to be submitted Within five days of the collector 's initial communication, it must send you a notice include the amount of the debt, name of the creditor, and notice of your right to dispute the debt within 30 days. [ 15 USC 1692g ] 809 ( a ) A debtor must be allowed to validate the debt that they are being called on. Once a collections agency notifies the individual that they owe a debt, the individual has 30 days to validate or dispute the debt. The collections company is not allowed to continue collections procedures until after the debt is validated or disputed. \n\nNOTICE OF DISPUTE ; DEMAND FOR VALIDATION AND PROOF OF CLAIM To Whom it May Concern This letter is being sent to you in response to a computer generated, unsigned letter received by Claimant from your offices. Be advised that your claim is disputed and validation and proof of claim of the disputed debt is requested in accordance with the Fair Debt Collection Practices Act, 15 USC 1692 and as amended by adding the following new Title 8 USC 802 et seq., and the Fair Credit Billing Act, 15 USC. 1666 et seq. All of which work in conjunction with each other, including the Truth In Lending Act ( TILA ) 15 USC 1601 et seq. It is not now, nor has it ever been, my intention to avoid paying any obligation that is lawfully owed by the Claimant. In order to make arrangements to pay an obligation which may be lawfully owed, please document and verify the debt by complying, in good faith, with this request for validation and return it to me, within thirty ( 30 ) days of receipt of this letter. \n\nThis is NOT a request for verification or proof of Claimant mailing address, but a request for VALIDATION and PROOF OF CLAIM made pursuant to the above-named Titles and Sections. I respectfully request that your offices provide Claimant with competent evidence as per the attached Declaration and Proof of Claim that I have any legal obligation to pay you the unsubstantiated alleged debt. Furthermore, you shall cease all verbal communication. No phone calls to the Claimant.\nAt this time, I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus, such as, XXXX, XXXX and XXXX prior to validation and proof of claim of the disputed debt, this action might constitute fraud under both Federal and State Laws. Due to this fact ; if any negative mark is found on any of Claimant credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character Violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341 ( Mail Fraud ) This debt is considered to be invalid until I receive proper validation and your offices provide Claimant with proof of claim of the disputed debt. Your offices have 30 days to produce the required documentation in accordance with FTC guidelines. During this validation period and proof of claim, if any action is taken which could be considered detrimental to any of Claimant credit reports, said action will be considered a dishonor and cause the self-executing contract portion of this notice to be implemented. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated. \n\nIf your offices fail to respond to this validation and proof of claim request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from Claimant credit file and a copy of such deletion request shall be sent to Claimant immediately.\nTitle 8 USC 809. Validation of debts [ 15 USC 1692g ] ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a )  that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such validation and verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. \nXXXX LAW DICTIONARY : VERIFICATION. Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition.\nVALIDATION. Proving the validity of accuracy of the claim.\nCounter Claim with Self-Executing Contract If Respondent, such as by commission, omission, and otherwise : ( a ) Fails to provide VALIDATION and PROOF OF CLAIM within thirty ( 30 ) days ; ( b ) Makes a false representation of the character of the herein above-referenced alleged debt ; ( c ) Makes a false representation of the legal status of the herein above-referenced alleged debt ; ( d ) Makes any threat of action that can not legally be taken, in violation of any applicable law, such as, the law codified at the Fair Debt Collection Practices Act, will be construed to be Respondents tacit acceptance of the terms and condition stated herein. In which case RESPONDENT agrees to : ( e ) Voluntarily report this account to all credit bureaus as paid as agreed ; and, ( f ) Voluntarily waive all claims against Claimant, their Agent or Heirs with prejudice ; and, ( g ) The matter regarding the alleged debt is finally and totally settled ; and, ( h ) Voluntarily admits the Claimant is the depositor for this account, that Respondent risked none of their assets at any time regarding this account and that they failed to disclose these material facts to Claimant ; and, ( i ) Voluntarily report the date of last activity on this account is the date of this notice. \n\nFurthermore, RESPONDENTS failure to Cease and Desist in accordance with the requirements of the FDCPA and other related law, and/or satisfy the above terms and conditions, constitutes RESPONDENTS Breach of Duty and voluntary agreement to compensate Claimant, by certified mail, with a cashiers check within thirty ( 30 )  days of the date of billing by Claimant, their Agent or Heirs, in the following amounts : I ) XXXX XXXX Dollars ( {$1000.00} ) for each communication made to Claimant or their Agent or Heirs, whether telephonically or in writing, which is not in affidavit form, by a person who has firsthand knowledge, regarding Respondents unsubstantiated claim ; and, II ) XXXX XXXX Dollars ( {$50000.00} ) for each transaction initiated by Claimant where Claimants commercial ability is impeded due to you, your agents or assigns adverse credit reporting ; and, III ) XXXX XXXX Dollars ( {$5000.00} ) for each court appearance Claimant, their Agent or Heirs makes in response to Respondents unsubstantiated claims ; and, IV ) RESPONDENT owes Claimant the balance equal to the purported credit limit on this account, plus interest and fees, for money lent ; and, V ) Three times the alleged claim amount of XXXX XXXX XXXX XXXX XXXX XXXX XXXX dollars ( {$160000.00} ) which equals ( {$490000.00} ) ; and, VI ) XXXX XXXX Dollars ( {$5000.00} ) per occurrence, for listing or reporting any information to a credit reporting repository which could be considered detrimental to Claimants credit history ; and, VII ) Punitive damages in the amount of ( {$270000.00} ) ; and VIII ) Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs ; fees and expenses incurred in defending against this and any and all continued collection attempts ( by anyone ) re the above-referenced alleged account RESPONDENT also agrees to : 1. Voluntarily authorize Claimant to record a UCC-1 on RESPONDENT as debtor to secure the debt owed Claimant ; and, 2. Voluntarily prove their claim as a RESPONDENT in possession of Claimant property in a involuntary bankruptcy proceeding process ; and, 3. Voluntarily compensate Claimant for ALL costs and attorneys/consultant fees ; and, 4. Resolve ALL claims by Claimant, against Respondent, et al, exclusively and finally through binding arbitration, if necessary, to enforce the above terms, conditions, fees, penalties and damages. Arbitration replaces the right to go to court except to confirm an arbitration award. The arbitration organization that is selected will apply its code or procedure in effect at the time the arbitration is filed, subject to this agreement. The arbitration will be conducted before a single arbitrator. The arbitrators authority is limited solely to the Claims between Claimant and Respondent alone. The arbitration will not be consolidated with any other arbitration proceeding. If Claimant prevails in the arbitration of any Claim against Respondent, Respondent will reimburse Claimant for any fees Claimant paid to the arbitration organization in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive any voluntary payment of Claimants claim against Respondent, in full, or any bankruptcy by Respondent. \n\nThis is a private communication and is intended to affect an out-of-court settlement of this matter. Conduct yourself accordingly. Should any provision on this agreement be found to not be enforceable by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become enforceable.\nEquality under the Law is PARAMOUNT and MANDATORY by Law NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL Applicable to all successors and assigns Silence is  Acquiescence/Agreement/Dishonor You are the second party that has written a letter purporting to represent, or have as your client, and the first was not registered as a debt collector in Maine and they have not answered the debt validation request presented to them. This is Notice that I do not recognize the Respondent from which the Claimant has received a computer-generated debt collection attempt, and I must necessarily dispute part, or all, of the alleged debt until the following is received ...\nCREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF CLAIM Please provide all of the following information and submit the appropriate forms and paperwork back to me along with an Affidavit signed In Accordance with 28 U.S.C. 1746 within 30 days from the date of your receipt of this request for validation and proof of claim.\n1. Alleged Name and Address of Creditor 2. Name on File of Alleged Debtor : 3. Alleged Account # : 4. Amount of alleged debt : 5. Date that this alleged debt became/becomes payable : 6. Date of original charge off or delinquency : 7. Amount paid if debt was purchased : 8. Please attach a copy of any signed agreement alleged debtor/claimant has made with debt collector, or other verifiable proof that debtor/claimant has a contractual obligation to pay debt collector.\n9. Furnish a copy of the original promissory note/agreement redacting my social security number to prevent identity theft and state that your client named above is the holder in due course of the note agreement and will produce the original for my own and a judges inspection should there be a trial to contest these matters.\n10. Produce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. Such as ; FR 2046 balance sheet ( OMB # s 2046, 2049, 2099 ), 1099 OID report, S-3/A registration statement, 424-B5 prospectus, RC-S & RC-B call schedules 11. Identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt.\n12. Verified specifically, name ( s ) of person ( s ) assigned as Trustee to handle Corporations affairs and to be held accountable for the actions of the Corporation. Such as CFO and subordinates responsible for debt  collections. \n13. Verify as a third-party debt collector, you have not purchased evidence of the alleged debt and are proceeding with collection activity in the name of the original maker of the note.\n14. Verify you know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity.\n15. Provide verification from the stated creditor that you are authorized to act for them.\n16. Verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing, which you know is false with the intention that others rely on the written communication to their detriment a violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341.\nNOTICE OF CLAIM DISPUTE NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT APPLICABLE TO ALL SUCCESSORS AND ASIGNS **********************SILENCE IS ACQUIESENCE*********************** NOTICE AND DEMAND TO CEASE AND DESIST COLLECTION ACTIVITIES PRIOR TO VALIDATION OF PURPORTED DEBT Pursuant to the truth in lending laws of the United States Code , Title 15 1601 et. Seq. and the Fair Debt Collection Practices Act laws of the United States Code 1692 et. seq This notice constitutes a timely written response to your Fair Debt Collection Practices Act notice that you are attempting to collect an alleged debt and is not a dishonor of your alleged claim of debt.\nThis notice is my, required by law, demand to cease and desist collection activities prior to validation of purported debt and you must validate the enclosed claim of an alleged debt. You must provide verification that an actual debt really exists by producing the following : 1. The name and address of the organization or other governmental unit alleging a debt ; 2. The name and address of the person or persons in that organization or other governmental unit alleging a claim of debt ; 3. The name of the actual creditor even if that is myself ; 4. The origin of the funds used to create this alleged claim of debt 5. The actual records of the organization or other governmental unit showing the time and place of the deposit and distribution of the funds used to create this alleged claim of debt.\n6. The actual records of the organization or other governmental unit showing that an actual loan was made from the organization or other governmental units own funds that resulted in the enclosed alleged claim of a debt.\n7. The actual records of the organization or other governmental unit with a live signature on any and, all document/instrument ( s ) used to allege the existence of a real loan of funds or debt from the organization or other governmental unit to myself or anyone else by similar name.\n8. Be advised that verification is defined ( Blacks Law Dictionary, 6th Edition ) as follows : Confirmation of correctness, truth, or authenticity, by affidavit, oath or deposition. Affidavit of truth of matter stated and object of verification is to assure good faith in averments or statements of party.\n9. The actual records of the organization or other governmental unit showing that an honest disclosure of facts relating to the alleged loan was made by the organization or other governmental unit in compliance with the truth in lending laws of the United States Code, Title 15 -1601 et. seq and Regulation Z.\n10. The actual records of the organization or other governmental unit showing that any, and all documents /instrument ( s ) containing my signature or likeness of my signature were not negotiated or pledged by the organization or other governmental unit against my credit to create the funds used for the appearance of a debt and resulting in this alleged claim of debt.\n11. The person that prepares and swears to the validation of debt must describe:1 ) your job description on a daily basis ; 2 ) if you are the regular keeper of those books and records and are familiar with how they are kept and their contents ; 3 ) How long have you been in your position ; 4 ) When did you first come in contact with the alleged account/debt ; 5 ) How frequently do you work with the files and information they are presenting to verify/validate the alleged debt ; and 7 ) Do you have personal knowledge about the alleged debt and/or any alleged account.\n15 U.S.C -1692 ( e ) states that a false, deceptive, and misleading representation, in connection, with the collection of any debt, includes the false representation of the character or legal status of any debt and further makes a threat to take any action that can not legally be taken a deceptive practice.\nPursuant to 15 U.S.C -1692 ( g ) ( 4 ) Validation of Debts, if you have evidence to validate your claim that the attached presentment does not constitute fraudulent misrepresentation and that one owes this alleged debt, this is a demand that, within 30 days, you provide such verification/validation and supporting evidence signed and certified under penalty of perjury to substantiate your claim. Until the requirements of the Fair Debt Collections Practices Act have been complied with and your claim is verified/validated, you have no consent to continue any collection activities.\nThis is a constructive notice that, absent the validation of your claim within 30 days, you must cease and desist any, and all collection activity and are prohibited from contacting me through the mail, by telephone, in person, at my home, or at my work. You are further prohibited from contacting any other third party. Each, and every attempted contact, in violation, of this act, will constitute harassment and defamation of character and will subject your agency and/or attorney and any, and all agents in his/her individual capacities, who take part in such harassment, and defamation, to a liability for actual damages, as well as statutory damages of up to {$1000.00} for each and, every violation, and a further liability for legal fees to be paid to any counsel which I may retain. Further, absent such validation of your claim, you are prohibited from filing any notice of lien and /or levy or judgment and are also barred from reporting any derogatory credit information to any credit reporting agency, regarding this disputed purported debt.\nFurther, pursuant to the Fair Debt Collection Practices Act 15 U.S.C 1692 ( g ) ( 8 ), as you are merely an agency or other governmental unit of the United States, acting on someone elses behalf, this is a demand that you provide the name of the original principal or holder in due course, for whom you are attempting to collect this alleged debt.\nPlease take notice that this legal notice will be forwarded as a criminal investigation of the business practices of the above, named organization or other governmental unit, its agents, officers, employees and attorney to determine violations of the United States criminal laws. Your claims of collection of a purported debt appears to be founded upon a false record in violation of U.S.C Title 18 -2071 and 2073 ( falsifying records ) and further ; uttering and possessing false obligations and counterfeit securities based upon the falsified records in violation of U.S.C Title 18 -471,472,473and or 513, and further using corrupt business practices to make and possess false records and claim if obligation, not substantiated by truthful facts in violation of the Federal Racketeer Influences and Corrupt Organization ( RICO ), U.S.C Title 18 1961 et.seq and further using the U.S. Mail to present such fraud and false instruments amounting to Mail Fraud, criminal conduct falling under Title 18 U.S.C -1341 Frauds and Swindles laws, and further sending mal with false and fictitious names, criminal conduct falling under Title 18 U.S.C -1842 Fictitious Names. IXXXX XXXX XXXX. ALL INFORMATION WILL BE FORWARDED TO THE TEXAS INSPECTOR GENERAL OFFICE AND IRS CRIMINAL DIVISION TO INVESTIGATE CREDIT SYSTEMS INTL THE BANKING SECRECY ACT AND THE PATRIOT ACT UNDER AS WELL AS ALL MONEY INSTRUMENT TO BE DISCLOSED.\nTAKE NOTICE CREDIT SYSTEMS INTL failure in providing respondent with the requisite verification, validating the above referenced alleged debt within the requirements of law as codified in the Fair Debt Collection Practices Act, Fair Credit Reporting Act, Banking Secrecy Act, Patriot Act and the corresponding laws of each state, signifies that Debt Collector tacitly agrees that : A. ) Debt collector has no lawful, bona fide, verified claim, re the listed accounts : # XXXX XXXX. ) Debt Collector waives any, and all claims against respondent C. ) Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs, fees and expenses incurred in defending against this and any, and all continued collection attempts, re the above-referenced alleged accounts.\nD. ) Failure of Debt Collector to properly and legally verify/validate alleged debt as required in this notice us a self-executing irrevocable power of attorney authorizing Respondent/Alleged Debtor named herein to direct the permanent removal, on behalf of the alleged Creditor, of any, and all references to said accounts in any, and all credit reporting agency files of any type.\nThis response will constitute my effort to resolve this on-going debt claim between the parties involved. Until full disclosure on and for the official public record with a signed affidavit attached is achieved, there can be no case, collection or action. No civil or criminal cause of action can arise lest, out of fraud, there be valid, honest contract See XXXX XXXX XXXX  249 P. 2d 257,260 Furthermore Title 12 U.S.C -411 Federal reserve notes, to be issued at the discretion of the Board of Governors of the Federal Reserve System for the purpose, of making advances to Federal reserve banks through the Federal reserve agents as hereinafter set forth and for no other purpose, are authorized. The said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federal reserve banks and for all taxes, customs, and other public dues. They shall be redeemed in lawful money on demand at the Treasury Department of the United States, in the city of Washington, District of Columbia, or at any Federal Reserve bank.","date_sent_to_company":"2017-11-02T04:29:06.000Z","issue":"Attempts to collect debt not owed","sub_product":"I do not know","zip_code":"752XX","tags":null,"has_narrative":true,"complaint_id":"2718293","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Credit Systems International, Inc.","date_received":"2017-11-02T00:13:31.000Z","state":"TX","company_public_response":null,"sub_issue":"Debt is not yours"},"highlight":{"complaint_what_happened":["CREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF CLAIM Please provide all of the following information and submit the appropriate forms and <em>paperwork</em> back to me <em>along</em> 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."]},"sort":[5.362955,"2718293"]},{"_index":"complaint-public-v1","_id":"2717204","_score":5.362955,"_source":{"product":"Debt collection","complaint_what_happened":"Company never provided any valid evidence of debt within the 30 day time frame from a dispute filed with the credit bureaus. I Requested information from creditor by affidavit ( from a commissioner of the court ) and the company did n't provide any information requested nor did they remove any debt from my credit report. Certified Mail # XXXX NOTICE OF DISPUTE ; DEMAND FOR VALIDATION AND PROOF OF CLAIM To Whom it May Concern This letter is being sent to you in response to a computer generated, unsigned letter received by Claimant from your offices. Be advised that your claim is disputed and validation and proof of claim of the disputed debt is requested in accordance with the Fair Debt Collection Practices Act, 15 USC 1692 and as amended by adding the following new Title 8 USC 802 et seq., and the Fair Credit Billing Act, 15 USC. 1666 et seq. All of which work in conjunction with each other, including the Truth In Lending Act ( TILA ) 15 USC 1601 et seq. It is not now, nor has it ever been, my intention to avoid paying any obligation that is lawfully owed by the Claimant. In order to make arrangements to pay an obligation which may be lawfully owed, please document and verify the debt by complying, in good faith, with this request for validation and return it to me, within thirty ( 30 ) days of receipt of this letter.\nThis is NOT a request for verification or proof of Claimant mailing address, but a request for VALIDATION and PROOF OF CLAIM made pursuant to the above-named Titles and Sections. I respectfully request that your offices provide Claimant with competent evidence as per the attached Declaration and Proof of Claim that I have any legal obligation to pay you the unsubstantiated alleged debt. Furthermore, you shall cease all verbal communication. No phone calls to the Claimant.\nAt this time, I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus, such as, XXXX, XXXX and XXXX prior to validation and proof of claim of the disputed debt, this action might constitute fraud under both Federal and State Laws. Due to this fact ; if any negative mark is found on any of Claimant credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character Violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341 ( Mail Fraud ) This debt is considered to be invalid until I receive proper validation and your offices provide Claimant with proof of claim of the disputed debt. Your offices have 30 days to produce the required documentation in accordance with FTC guidelines. During this validation period and proof of claim, if any action is taken which could be considered detrimental to any of Claimant credit reports, said action will be considered a dishonor and cause the self-executing contract portion of this notice to be implemented. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated. \n\nIf your offices fail to respond to this validation and proof of claim request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from Claimant credit file and a copy of such deletion request shall be sent to Claimant immediately.\nTitle 8 USC 809. Validation of debts [ 15 USC 1692g ] ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such validation and verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. \nBLACKS LAW DICTIONARY : VERIFICATION. Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition. \nVALIDATION. Proving the validity of accuracy of the claim. \n\nCounter Claim with Self-Executing Contract If Respondent, such as by commission, omission, and otherwise : ( a ) Fails to provide VALIDATION and PROOF OF CLAIM within thirty ( 30 ) days ; ( b ) Makes a false representation of the character of the herein above-referenced alleged debt ; ( c ) Makes a false representation of the legal status of the herein above-referenced alleged debt ; ( d ) Makes any threat of action that can not legally be taken, in violation of any applicable law, such as, the law codified at the Fair Debt Collection Practices Act, will be construed to be Respondents tacit acceptance of the terms and condition stated herein. In which case RESPONDENT agrees to : ( e ) Voluntarily report this account to all credit bureaus as paid as agreed ; and, ( f ) Voluntarily waive all claims against Claimant, their Agent or Heirs with prejudice ; and, ( g ) The matter regarding the alleged debt is finally and totally settled ; and, ( h ) Voluntarily admits the Claimant is the depositor for this account, that Respondent risked none of their assets at any time regarding this account and that they failed to disclose these material facts to Claimant ; and, ( i ) Voluntarily report the date of last activity on this account is the date of this notice. \n\nFurthermore, RESPONDENTS failure to Cease and Desist in accordance with the requirements of the FDCPA and other related law, and/or satisfy the above terms and conditions, constitutes RESPONDENTS Breach of Duty and voluntary agreement to compensate Claimant, by certified mail, with a cashiers check within thirty ( 30 ) days of the date of billing by Claimant, their Agent or Heirs, in the following amounts : I ) XXXX XXXX Dollars ( {$1000.00} ) for each communication made to Claimant or their Agent or Heirs, whether telephonically or in writing, which is not in affidavit form, by a person who has firsthand knowledge, regarding Respondents unsubstantiated claim ; and, II ) XXXX XXXX Dollars ( {$50000.00} ) for each transaction initiated by Claimant where Claimants commercial ability is impeded due to you, your agents or assigns adverse credit reporting ; and, III ) XXXX XXXX Dollars ( {$5000.00} ) for each court appearance Claimant, their Agent or Heirs makes in response to Respondents unsubstantiated claims ; and, IV )  RESPONDENT owes Claimant the balance equal to the purported credit limit on this account, plus interest and fees, for money lent ; and, V ) Three times the alleged claim amount of XXXX XXXX XXXX XXXX XXXX XXXX XXXX dollars ( {$160000.00} ) which equals ( {$490000.00} ) ; and, VI ) XXXX XXXX Dollars ( {$5000.00} ) per occurrence, for listing or reporting any information to a credit reporting repository which could be considered detrimental to Claimants credit history ; and, VII ) Punitive damages in the amount of ( {$270000.00} ) ; and VIII ) Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs ; fees and expenses incurred in defending against this and any and all continued collection attempts ( by anyone ) re the above-referenced alleged account RESPONDENT also agrees to : 1. Voluntarily authorize Claimant to record a UCC-1 on RESPONDENT as debtor to secure the debt owed Claimant ; and, 2. Voluntarily prove their claim as a RESPONDENT in possession of Claimant property in a involuntary bankruptcy proceeding process ; and, 3. Voluntarily compensate Claimant for ALL costs and attorneys/consultant fees ; and, 4. Resolve ALL claims by Claimant, against Respondent, et al, exclusively and finally through binding arbitration, if  necessary, to enforce the above terms, conditions, fees, penalties and damages. Arbitration replaces the right to go to court except to confirm an arbitration award. The arbitration organization that is selected will apply its code or procedure in effect at the time the arbitration is filed, subject to this agreement. The arbitration will be conducted before a single arbitrator. The arbitrators authority is limited solely to the Claims between Claimant and Respondent alone. The arbitration will not be consolidated with any other arbitration proceeding. If Claimant prevails in the arbitration of any Claim against Respondent, Respondent will reimburse Claimant for any fees Claimant paid to the arbitration organization in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive any voluntary payment of Claimants claim against Respondent, in full, or any bankruptcy by Respondent.\nThis is a private communication and is intended to affect an out-of-court settlement of this matter. Conduct yourself accordingly. Should any provision on this agreement be found to not be enforceable by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become enforceable.\nEquality under the Law is PARAMOUNT and MANDATORY by Law NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL Applicable to all successors and assigns Silence is Acquiescence/Agreement/Dishonor You are the second party that has written a letter purporting to represent, or have as your client, and the first was not registered as a debt collector in Maine and they have not answered the debt validation request presented to them. This is Notice that I do not recognize the Respondent from which the Claimant has received a computer-generated debt collection attempt, and I must necessarily dispute part, or all, of the alleged debt until the following is received ... \nCREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF CLAIM Please provide all of the following information and submit the appropriate forms and paperwork back to me along with an Affidavit signed In Accordance with 28 U.S.C. 1746 within 30 days from the date of your receipt of this request for validation and proof of claim.\n1. Alleged Name and Address of Creditor 2. Name on File of Alleged Debtor : 3. Alleged Account # : 4. Amount of alleged debt : 5. Date that this alleged debt became/becomes payable : 6. Date of original charge off or delinquency : 7. Amount paid if debt was purchased : 8. Please attach a copy of any signed agreement alleged debtor/claimant has made with debt collector, or other verifiable proof that debtor/claimant has a contractual obligation to pay debt collector.\n9. Furnish a copy of the original promissory note/agreement redacting my social security number to prevent identity theft and state that your client named above is the holder in due course of the note agreement and will produce the original for my own and a judges inspection should there be a trial to contest these matters.\n10. Produce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. Such as ; FR 2046 balance sheet ( OMB # s 2046, 2049, 2099 ), 1099 OID report, S-3/A registration statement, 424-B5 prospectus, RC-S & RC-B call schedules 11. Identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt. \n12. Verified specifically, name ( s ) of person ( s ) assigned as Trustee to handle Corporations affairs and to be held accountable for the actions of the Corporation. Such as CFO and subordinates responsible for debt collections.\n13. Verify as a third-party debt collector, you have not purchased evidence of the alleged debt and are proceeding with collection activity in the name of the original maker of the note.\n14. Verify you know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity.\n15. Provide verification from the stated creditor that you are authorized to act for them.\n16. Verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of  interstate communications in a scheme of fraud by advancing a writing, which you know is false with the intention that others rely on the written communication to their detriment a violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341.\nNOTICE OF CLAIM DISPUTE NOTICE TO AGENT IS NOTICE TO PRINCIPAL  NOTICE TO PRINCIPAL IS NOTICE TO AGENT APPLICABLE TO ALL SUCCESSORS AND ASIGNS **********************SILENCE IS ACQUIESENCE*********************** NOTICE AND DEMAND TO CEASE AND DESIST COLLECTION ACTIVITIES PRIOR TO VALIDATION OF PURPORTED DEBT Pursuant to the truth in lending laws of the United States Code , Title 15 1601 et. Seq. and the Fair Debt Collection Practices Act laws of the United States Code 1692 et. seq This notice constitutes a timely written response to your Fair Debt Collection Practices Act notice that you are attempting to collect an alleged debt and is not a dishonor of your alleged claim of debt. \nThis notice is my, required by law, demand to cease and desist collection activities prior to validation of purported debt and you must validate the enclosed claim of an alleged debt. You must provide verification that an actual debt really exists by producing the following : 1. The name and address of the organization or other governmental unit alleging a debt ; 2. The name and address of the person or persons in that organization or other governmental unit alleging a claim of debt ; 3. The name of the actual creditor even if that is myself ; 4. The origin of the funds used to create this alleged claim of debt 5. The actual records of the organization or other governmental unit showing the time and place of the deposit and distribution of the funds used to create this alleged claim of debt.\n6. The actual records of the organization or other governmental unit showing that an actual loan was made from the organization or other governmental units own funds that resulted in the enclosed alleged claim of a debt.\n7. The actual records of the organization or other governmental unit with a live signature on any and, all document/instrument ( s ) used to allege the existence of a real loan of funds or debt from the organization or other governmental unit to myself or anyone else by similar name. \n8. Be advised that verification is defined ( Blacks Law Dictionary, 6th Edition ) as follows : Confirmation of correctness, truth, or authenticity, by affidavit, oath or deposition. Affidavit of truth of matter stated and object of verification is to assure good faith in averments or statements of party. \n9. The actual records of the organization or other governmental unit showing that an honest disclosure of facts relating to the alleged loan was made by the organization or other governmental unit in compliance with the truth in lending laws of the United States Code, Title 15 -1601 et. seq and Regulation Z.\n10. The actual records of the organization or other governmental unit showing that any, and all documents /instrument ( s ) containing my signature or likeness of my signature were not negotiated or pledged by the organization or other governmental unit against my credit to create the funds used for the appearance of a debt and resulting in this alleged claim of debt.\n11. The person that prepares and swears to the validation of debt must describe:1 ) your job description on a daily basis ; 2 ) if you are the regular keeper of those books and records and are familiar with how they are kept and their contents ; 3 ) How long have you been in your position ; 4 ) When did you first come in contact with the alleged account/debt ; 5 ) How frequently do you work with the files and information they are presenting to verify/validate the alleged debt ; and 7 ) Do you have personal knowledge about the alleged debt and/or any alleged account.\n15 U.S.C -1692 ( e ) states that a false, deceptive, and misleading representation, in  connection, with the collection of any debt, includes the false representation of the character or legal status of any debt and further makes a threat to take any action that can not legally be taken a deceptive practice. \nPursuant to 15 U.S.C -1692 ( g ) ( 4 ) Validation of Debts, if you have evidence to validate your claim that the attached presentment does not constitute fraudulent misrepresentation and that one owes this alleged debt, this is a demand that, within 30 days, you provide such verification/validation and supporting evidence signed and certified under penalty of perjury to substantiate your claim. Until the requirements of the Fair Debt Collections Practices Act have been complied with and your claim is verified/validated, you have no consent to continue any collection activities. \n\nThis is a constructive notice that, absent the validation of your claim within 30 days, you must cease and desist any, and all collection activity and are prohibited from contacting me through the mail, by telephone, in person, at my home, or at my work. You are further prohibited from contacting any other third party. Each, and every attempted contact, in violation, of this act, will constitute harassment and defamation of character and will subject your agency and/or attorney and any, and all agents in his/her individual capacities, who take part in such harassment, and defamation, to a liability for actual damages, as well as statutory damages of up to {$1000.00} for each and, every violation, and a further liability for legal fees to be paid to any counsel which I may retain. Further, absent such validation of your claim, you are prohibited from filing any notice of lien and /or levy or judgment and are also barred from reporting any derogatory credit information to any credit reporting agency, regarding this disputed purported debt.\nFurther, pursuant to the Fair Debt Collection Practices Act 15 U.S.C 1692 ( g ) ( 8 ), as you are merely an agency or other governmental unit of the United States, acting on  someone elses behalf, this is a demand that you provide the name of the original principal or holder in due course, for whom you are attempting to collect this alleged debt. \nPlease take notice that this legal notice will be forwarded as a criminal investigation of the business practices of the above, named organization or other governmental unit, its agents, officers, employees and attorney to determine violations of the United States criminal laws. Your claims of collection of a purported debt appears to be founded upon a false record in violation of U.S.C Title 18 -2071 and 2073 ( falsifying records ) and further ; uttering and possessing false obligations and counterfeit securities based upon the falsified records in violation of U.S.C Title 18 -471,472,473and or 513, and further using corrupt business practices to make and possess false records and claim if obligation, not substantiated by truthful facts in violation of the Federal Racketeer Influences and Corrupt Organization ( RICO ), U.S.C Title 18 1961 et.seq and further using the U.S. Mail to present such fraud and false instruments amounting to Mail Fraud, criminal conduct falling under Title 18 U.S.C -1341 Frauds and Swindles laws, and further sending mal with false and fictitious names, criminal conduct falling under Title 18 U.S.C -1842 Fictitious Names. IE XXXX XXXX. ALL INFORMATION WILL BE FORWARDED TO THE TEXAS INSPECTOR GENERAL OFFICE AND IRS CRIMINAL DIVISION TO INVESTIGATE RENTDEBT USA UNDER THE BANKING SECRECY ACT AND THE PATRIOT ACT UNDER AS WELL AS ALL MONEY INSTRUMENT TO BE DISCLOSED. \nTAKE NOTICE XXXX XXXX failure in providing respondent with the requisite verification, validating the above referenced alleged debt within the requirements of law as codified in the Fair Debt Collection Practices Act, Fair Credit Reporting Act, Banking Secrecy Act, Patriot Act and the corresponding laws of each state, signifies that Debt Collector tacitly agrees that : A. ) Debt collector has no lawful, bona fide, verified claim, re the listed accounts : # B. ) Debt Collector waives any, and all claims against respondent C. ) Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs, fees and expenses incurred in defending against this and any, and all continued collection attempts, re the above-referenced alleged accounts.\nD. ) Failure of Debt Collector to properly and legally verify/validate alleged debt as required in this notice us a self-executing irrevocable power of attorney authorizing Respondent/Alleged Debtor named herein to direct the permanent removal, on behalf of the alleged Creditor, of any, and all references to said accounts in any, and all credit reporting agency files of any type. \nThis response will constitute my effort to resolve this on-going debt claim between the parties involved. Until full disclosure on and for the official public record with a signed affidavit attached is achieved, there can be no case, collection or action. No civil or criminal cause of action can arise lest, out of fraud, there be valid, honest contract See XXXX XXXX XXXX 249 P. 2d 257,260 Furthermore Title 12 U.S.C -411 Federal reserve notes, to be issued at the discretion of the Board of Governors of the Federal Reserve System for the purpose, of making advances to Federal reserve banks through the Federal reserve agents as hereinafter set forth and for no other purpose, are authorized. The said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federal reserve banks and for all taxes, customs, and other public dues. They shall be redeemed in lawful money on demand at the Treasury Department of the United States, in the city of XXXX XXXX XXXX XXXX, or at any XXXX XXXX XXXX.","date_sent_to_company":"2017-10-31T20:55:33.000Z","issue":"Attempts to collect debt not owed","sub_product":"Mortgage debt","zip_code":"752XX","tags":null,"has_narrative":true,"complaint_id":"2717204","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"RentDebt Automated Collections, LLC","date_received":"2017-10-31T20:35:04.000Z","state":"TX","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":"Debt is not yours"},"highlight":{"complaint_what_happened":["CREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF CLAIM Please provide all of the following information and submit the appropriate forms and <em>paperwork</em> back to me <em>along</em> 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."]},"sort":[5.362955,"2717204"]},{"_index":"complaint-public-v1","_id":"2723886","_score":5.3557086,"_source":{"product":"Debt collection","complaint_what_happened":"COMPANY NEVER RESPONDED Company never provided any valid evidence of debt within the 30-day time frame from a dispute filed with the credit bureaus. I Requested information from creditor by affidavit (  from a commissioner of the court ) and the company did n't provide any information requested but sent a printed unsigned ledger nor did they remove any debt from my credit report. Certified Mail # XXXX NOTICE OF DISPUTE ; DEMAND FOR VALIDATION AND PROOF OF CLAIM To Whom it May Concern This letter is being sent to you in response to a computer generated, unsigned letter received by Claimant from your offices. Be advised that your claim is disputed and validation and proof of claim of the disputed debt is requested in accordance with the Fair Debt Collection Practices Act, 15 USC 1692 and as amended by adding the following new Title 8 USC 802 et seq., and the Fair Credit Billing Act, 15 USC. 1666 et seq. All of which work in conjunction with each other, including the Truth In Lending Act ( TILA ) 15 USC 1601 et seq. It is not now, nor has it ever been, my intention to avoid paying any obligation that is lawfully owed by the Claimant. In order to make arrangements to pay an obligation which may be lawfully owed, please document and verify the debt by complying, in good faith, with this request for validation and return it to me, within thirty ( 30 ) days of receipt of this letter. \n\nThis is NOT a request for verification or proof of Claimant mailing address, but a request for VALIDATION and PROOF OF CLAIM made pursuant to the above-named Titles and Sections. I respectfully request that your offices provide Claimant with competent evidence as per the attached Declaration and Proof of Claim that I have any legal obligation to pay you the unsubstantiated alleged debt. Furthermore, you shall cease all verbal communication. No phone calls to the Claimant. \n\nAt this time, I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus, such as, XXXX, XXXX and XXXX prior to validation and proof of claim of the disputed debt, this action might constitute fraud under both Federal and State Laws. Due to this fact ; if any negative mark is found on any of Claimant credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character Violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341 ( Mail Fraud ) This debt is considered to be invalid until I receive proper validation and your offices provide Claimant with proof of claim of the disputed debt. Your offices have 30 days to produce the required documentation in accordance with FTC guidelines. During this validation period and proof of claim, if any action is taken which could be considered detrimental to any of Claimant credit reports, said action will be considered a dishonor and cause the self-executing contract portion of this notice to be implemented. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated. \n\nIf your offices fail to respond to this validation and proof of claim request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from Claimant credit file and a copy of such deletion request shall be sent to Claimant immediately.\nTitle 8 USC 809. Validation of debts [ 15 USC 1692g ] ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such validation and verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. \nBLACKS LAW DICTIONARY : VERIFICATION. Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition. \nVALIDATION. Proving the validity of accuracy of the claim. \n\nCounter Claim with Self-Executing Contract If Respondent, such as by commission, omission, and otherwise : ( a ) Fails to provide VALIDATION and PROOF OF CLAIM within thirty ( 30 ) days ; ( b ) Makes a false representation of the character of the herein above-referenced alleged debt ; ( c ) Makes a false representation of the legal status of the herein above-referenced alleged debt ; ( d ) Makes any threat of action that can not legally be taken, in violation of any applicable law, such as, the law codified at the Fair Debt Collection Practices Act, will be construed to be Respondents tacit acceptance of the terms and condition stated herein. In which case RESPONDENT agrees to : ( e ) Voluntarily report this account to all credit bureaus as paid as agreed ; and, ( f ) Voluntarily waive all claims against Claimant, their Agent or Heirs with prejudice ; and, ( g ) The matter regarding the alleged debt is finally and totally settled ; and, ( h ) Voluntarily admits the Claimant is the depositor for this account, that Respondent risked none of their assets at any time regarding this account and that they failed to disclose these material facts to Claimant ; and, ( i ) Voluntarily report the date of last activity on this account is the date of this notice. \n\nFurthermore, RESPONDENTS failure to Cease and Desist in accordance with the requirements of the FDCPA and other related law, and/or satisfy the above terms and conditions, constitutes RESPONDENTS Breach of Duty and voluntary agreement to compensate Claimant, by certified mail, with a cashiers check within thirty ( 30 ) days of the date of billing by Claimant, their Agent or Heirs, in the following amounts : I ) XXXX XXXX Dollars ( {$1000.00} ) for each communication made to Claimant or their Agent or Heirs, whether telephonically or in writing, which is not in affidavit form, by a person who has firsthand knowledge, regarding Respondents unsubstantiated claim ; and, II ) XXXX XXXX Dollars ( {$50000.00} ) for each transaction initiated by Claimant where Claimants commercial ability is impeded due to you, your agents or assigns adverse credit reporting ; and, III ) XXXX XXXX Dollars ( {$5000.00} ) for each court appearance Claimant, their Agent or Heirs makes in response to Respondents unsubstantiated claims ; and, IV )  RESPONDENT owes Claimant the balance equal to the purported credit limit on this account, plus interest and fees, for money lent ; and, V ) Three times the alleged claim amount of XXXX XXXX XXXX XXXX XXXX XXXX XXXX dollars ( {$160000.00} ) which equals ( {$490000.00} ) ; and, VI ) XXXX XXXX Dollars ( {$5000.00} ) per occurrence, for listing or reporting any information to a credit reporting repository which could be considered detrimental to Claimants credit history ; and, VII ) Punitive damages in the amount of ( {$270000.00} ) ; and VIII ) Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs ; fees and expenses incurred in defending against this and any and all continued collection attempts ( by anyone ) re the above-referenced alleged account RESPONDENT also agrees to : 1. Voluntarily authorize Claimant to record a UCC-1 on RESPONDENT as debtor to secure the debt owed Claimant ; and, 2. Voluntarily prove their claim as a RESPONDENT in possession of Claimant property in a involuntary bankruptcy proceeding process ; and, 3. Voluntarily compensate Claimant for ALL costs and attorneys/consultant fees ; and, 4. Resolve ALL claims by Claimant, against Respondent, et al, exclusively and finally through binding arbitration, if necessary, to enforce the above terms, conditions, fees, penalties and damages. Arbitration replaces the right to go to court except to confirm an arbitration award. The arbitration organization that is selected will apply its code or procedure in effect at the time the arbitration is filed, subject to this agreement. The arbitration will be conducted before a single arbitrator. The arbitrators authority is limited solely to the Claims between Claimant and Respondent alone. The arbitration will not be consolidated with any other arbitration proceeding. If Claimant prevails in the arbitration of any Claim against Respondent, Respondent will reimburse Claimant for any fees Claimant paid to the arbitration organization in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive any voluntary payment of Claimants claim against Respondent, in full, or any bankruptcy by Respondent. \n\nThis is a private communication and is intended to affect an out-of-court settlement of this matter. Conduct yourself accordingly. Should any provision on this agreement be found to not be enforceable by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become enforceable. \n\nEquality under the Law is PARAMOUNT and MANDATORY by Law NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL Applicable to all successors and assigns Silence is Acquiescence/Agreement/Dishonor You are the second party that has written a letter purporting to represent, or have as your client, and the first was not registered as a debt collector in Maine and they have not answered the debt validation request presented to them. This is Notice that I do not recognize the Respondent from which the Claimant has received a computer-generated debt collection attempt, and I must necessarily dispute part, or all, of the alleged debt until the following is received ... \nCREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF CLAIM Please provide all of the following information and submit the appropriate forms and paperwork back to me along with an Affidavit signed In Accordance with 28 U.S.C. 1746 within 30 days from the date of your receipt of this request for validation and proof of claim.\n1. Alleged Name and Address of Creditor 2. Name on File of Alleged Debtor : 3. Alleged Account # : 4. Amount of alleged debt : 5. Date that this alleged debt became/becomes payable : 6. Date of original charge off or delinquency : 7. Amount paid if debt was purchased : 8. Please attach a copy of any signed agreement alleged debtor/claimant has made with debt collector, or other verifiable proof that debtor/claimant has a contractual obligation to pay debt collector.\n9. Furnish a copy of the original promissory note/agreement redacting my social security number to prevent identity theft and state that your client named above is the holder in due course of the note agreement and will produce the original for my own and a judges inspection should there be a trial to contest these matters. \n10. Produce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. Such as ; FR 2046 balance sheet ( OMB # s 2046, 2049, 2099 ), 1099 OID report, S-3/A registration statement, 424-B5 prospectus, RC-S & RC-B call schedules 11. Identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt.\n12. Verified specifically, name ( s ) of person ( s ) assigned as Trustee to handle Corporations affairs and to be held accountable for the actions of the Corporation. Such as CFO and subordinates responsible for debt collections.\n13. Verify as a third-party debt collector, you have not purchased evidence of the alleged debt and are proceeding with collection activity in the name of the original maker of the note.\n14. Verify you know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity.\n15. Provide verification from the stated creditor that you are authorized to act for them.\n16. Verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing, which you know is false with the intention that others rely on the written communication to their detriment a violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341.\nNOTICE OF CLAIM DISPUTE NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT APPLICABLE TO ALL SUCCESSORS AND ASIGNS **********************SILENCE IS ACQUIESENCE*********************** NOTICE AND DEMAND TO CEASE AND DESIST COLLECTION ACTIVITIES PRIOR TO VALIDATION OF PURPORTED DEBT Pursuant to the truth in lending laws of the United States Code , Title 15 1601 et. Seq. and the Fair Debt Collection Practices Act laws of the United States Code 1692 et. seq This notice constitutes a timely written response to your Fair Debt Collection Practices Act notice that you are attempting to collect an alleged debt and is not a dishonor of your alleged claim of debt.\nThis notice is my, required by law, demand to cease and desist collection activities prior to validation of purported debt and you must validate the enclosed claim of an alleged debt. You must provide verification that an actual debt really exists by producing the following : 1. The name and address of the organization or other governmental unit alleging a debt ; 2. The name and address of the person or persons in that organization or other governmental unit alleging a claim of debt ; 3. The name of the actual creditor even if that is myself ; 4. The origin of the funds used to create this alleged claim of debt 5. The actual records of the organization or other governmental unit showing the time and place of the deposit and distribution of the funds used to create this alleged claim of debt.\n6. The actual records of the organization or other governmental unit showing that an actual loan was made from the organization or other governmental units own funds that resulted in the enclosed alleged claim of a debt.\n7. The actual records of the organization or other governmental unit with a live signature on any and, all document/instrument ( s ) used to allege the existence of a real loan of funds or debt from the organization or other governmental unit to myself or anyone else by similar name. \n8. Be advised that verification is defined ( Blacks Law Dictionary, 6th Edition ) as follows : Confirmation of correctness, truth, or authenticity, by affidavit, oath or deposition. Affidavit of truth of matter stated and object of verification is to assure good faith in averments or statements of party. \n9. The actual records of the organization or other governmental unit showing that an honest disclosure of facts relating to the alleged loan was made by the organization or other governmental unit in compliance with the truth in lending laws of the United States Code, Title 15 -1601 et. seq and Regulation Z.\n10. The actual records of the organization or other governmental unit showing that any, and all documents /instrument ( s ) containing my signature or likeness of my signature were not negotiated or pledged by the organization or other governmental unit against my credit to create the funds used for the appearance of a debt and resulting in this alleged claim of debt.\n11. The person that prepares and swears to the validation of debt must describe:1 ) your job description on a daily basis ; 2 ) if you are the regular keeper of those books and records and are familiar with how they are kept and their contents ; 3 ) How long have you been in your position ; 4 ) When did you first come in contact with the alleged account/debt ; 5 ) How frequently do you work with the files and information they are presenting to verify/validate the alleged debt ; and 7 ) Do you have personal knowledge about the alleged debt and/or any alleged account.\n15 U.S.C -1692 ( e ) states that a false, deceptive, and misleading representation, in connection, with the collection of any debt, includes the false representation of the character or legal status of any debt and further makes a threat to take any action that can not legally be taken a deceptive practice.\nPursuant to 15 U.S.C -1692 ( g ) ( 4 ) Validation of Debts, if you have evidence to validate your claim that the attached presentment does not constitute fraudulent misrepresentation and that one owes this alleged debt, this is a demand that, within 30 days, you provide such verification/validation and supporting evidence signed and certified under penalty of perjury to substantiate your claim. Until the requirements of the Fair Debt Collections Practices Act have been complied with and your claim is verified/validated, you have no consent to continue any collection activities.\nThis is a constructive notice that, absent the validation of your claim within 30 days, you must cease and desist any, and all collection activity and are prohibited from contacting me through the mail, by telephone, in person, at my home, or at my work. You are further prohibited from contacting any other third party. Each, and every attempted contact, in violation, of this act, will constitute harassment and defamation of character and will subject your agency and/or attorney and any, and all agents in his/her individual capacities, who take part in such harassment, and defamation, to a liability for actual damages, as well as statutory damages of up to {$1000.00} for each and, every violation, and a further liability for legal fees to be paid to any counsel which I may retain. Further, absent such validation of your claim, you are prohibited from filing any notice of lien and /or levy or judgment and are also barred from reporting any derogatory credit information to any credit reporting agency, regarding this disputed purported debt.\nFurther, pursuant to the Fair Debt Collection Practices Act 15 U.S.C 1692 ( g ) ( 8 ), as you are merely an agency or other governmental unit of the United States, acting on someone elses behalf, this is a demand that you provide the name of the original principal or holder in due course, for whom you are attempting to collect this alleged debt. \nPlease take notice that this legal notice will be forwarded as a criminal investigation of the business practices of the above, named organization or other governmental unit, its agents, officers, employees and attorney to determine violations of the United States criminal laws. Your claims of collection of a purported debt appears to be founded upon a false record in violation of U.S.C Title 18 -2071 and 2073 ( falsifying records ) and further ; uttering and possessing false obligations and counterfeit securities based upon the falsified records in violation of U.S.C Title 18 -471,472,473and or 513, and further using corrupt business practices to make and possess false records and claim if obligation, not substantiated by truthful facts in violation of the Federal Racketeer Influences and Corrupt Organization ( RICO ), U.S.C Title 18 1961 et.seq and further using the U.S. Mail to present such fraud and false instruments amounting to Mail Fraud, criminal conduct falling under Title 18 U.S.C -1341 Frauds and Swindles laws, and further sending mal with false and fictitious names, criminal conduct falling under Title 18 U.S.C -1842 Fictitious Names. IE XXXX XXXX. ALL INFORMATION WILL BE FORWARDED TO THE TEXAS INSPECTOR GENERAL OFFICE AND IRS CRIMINAL DIVISION TO INVESTIGATE RECEIVABLE MANAGEMENT UNDER THE BANKING SECRECY ACT AND THE PATRIOT ACT UNDER AS WELL AS ALL MONEY INSTRUMENT TO BE DISCLOSED. \nTAKE NOTICE RECEIVABLE MANAGEMENT failure in providing respondent with the requisite verification, validating the above referenced alleged debt within the requirements of law as codified in the Fair Debt Collection Practices Act, Fair Credit Reporting Act, Banking Secrecy Act, Patriot Act and the corresponding laws of each state, signifies that Debt Collector tacitly agrees that : A. ) Debt collector has no lawful, bona fide, verified claim, re the listed accounts : # XXXX**** B. ) Debt Collector waives any, and all claims against respondent C. ) Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs, fees and expenses incurred in defending against this and any, and all continued collection attempts, re the above-referenced alleged accounts.\nD. ) Failure of Debt Collector to properly and legally verify/validate alleged debt as required in this notice us a self-executing irrevocable power of attorney authorizing Respondent/Alleged Debtor named herein to direct the permanent removal, on behalf of the alleged Creditor, of any, and all references to said accounts in any, and all credit reporting agency files of any type. \nThis response will constitute my effort to resolve this on-going debt claim between the parties involved. Until full disclosure on and for the official public record with a signed affidavit attached is achieved, there can be no case, collection or action. No civil or criminal cause of action can arise lest, out of fraud, there be valid, honest contract See Eads V Marks 249 P. 2d 257,260 Furthermore Title 12 U.S.C -411 Federal reserve notes, to be issued at the discretion of the Board of Governors of the Federal Reserve System for the purpose, of making advances to Federal reserve banks through the Federal reserve agents as hereinafter set forth and for no other purpose, are authorized. The said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federal reserve banks and for all taxes, customs, and other public dues. They shall be redeemed in lawful money on demand at the Treasury Department of the United States, in the city of XXXX, District of Columbia, or at any Federal Reserve bank.","date_sent_to_company":"2017-11-19T22:23:03.000Z","issue":"Attempts to collect debt not owed","sub_product":"I do not know","zip_code":"752XX","tags":null,"has_narrative":true,"complaint_id":"2723886","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"The Receivable Management Services LLC","date_received":"2017-11-08T22:36:10.000Z","state":"TX","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Debt is not yours"},"highlight":{"complaint_what_happened":["CREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF CLAIM Please provide all of the following information and submit the appropriate forms and <em>paperwork</em> back to me <em>along</em> 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."]},"sort":[5.3557086,"2723886"]},{"_index":"complaint-public-v1","_id":"2718319","_score":5.3470216,"_source":{"product":"Debt collection","complaint_what_happened":"Company never provided any valid evidence of debt within the 30-day time frame from a dispute filed with the credit bureaus. I Requested information from creditor by affidavit ( from a commissioner of the court ) and the company did n't provide any information requested but sent a printed unsigned ledger nor did they remove any debt from my credit report. Certified Mail # XXXX ALSO XXXX ) Please provide proof of notice that was given that was to be submitted Within five days of the collector 's initial communication, it must send you a notice include the amount of the debt, name of the creditor, and notice of your right to dispute the debt within 30 days. [ 15 USC 1692g ] 809 ( a ) A debtor must be allowed to validate the debt that they are being called on. Once a collections agency notifies the individual that they owe a debt, the individual has 30 days to validate or dispute the debt. The collections company is not allowed to continue collections procedures until after the debt is validated or disputed. \nNOTICE OF DISPUTE ; DEMAND FOR VALIDATION AND PROOF OF CLAIM To Whom it May Concern This letter is being sent to you in response to a computer generated, unsigned letter received by Claimant from your offices. Be advised that your claim is disputed and validation and proof of claim of the disputed debt is requested in accordance with the Fair Debt Collection Practices Act, 15 USC 1692 and as amended by adding the following new Title 8 USC 802 et seq., and the Fair Credit Billing Act, 15 USC. 1666 et seq. All of which work in conjunction with each other, including the Truth In Lending Act ( TILA ) 15 USC 1601 et seq. It is not now, nor has it ever been, my intention to avoid paying any obligation that is lawfully owed by the Claimant. In order to make arrangements to pay an obligation which may be lawfully owed, please document and verify the debt by complying, in good faith, with this request for validation and return it to me, within thirty ( 30 ) days of receipt of this letter. \n\nThis is NOT a request for verification or proof of Claimant mailing address, but a request for VALIDATION and PROOF OF CLAIM made pursuant to the above-named Titles and Sections. I respectfully request that your offices provide Claimant with competent evidence as per the attached Declaration and Proof of Claim that I have any legal obligation to pay you the unsubstantiated alleged debt. Furthermore, you shall cease all verbal communication. No phone calls to the Claimant. \n\nAt this time, I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus, such as, XXXX, XXXX and XXXX prior to validation and proof of claim of the disputed debt, this action might constitute fraud under both Federal and State Laws. Due to this fact ; if any negative mark is found on any of Claimant credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character Violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341 ( Mail Fraud ) This debt is considered to be invalid until I receive proper validation and your offices provide Claimant with proof of claim of the disputed debt. Your offices have 30 days to produce the required documentation in accordance with FTC guidelines. During this validation period and proof of claim, if any action is taken which could be considered detrimental to any of Claimant credit reports, said action will be considered a dishonor and cause the self-executing contract portion of this notice to be implemented. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated. \n\nIf your offices fail to respond to this validation and proof of claim request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from Claimant credit file and a copy of such deletion request shall be sent to Claimant immediately.\nTitle 8 USC 809. Validation of debts [ 15 USC 1692g ] ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such validation and verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. \nXXXX LAW DICTIONARY : VERIFICATION. Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition. \nVALIDATION. Proving the validity of accuracy of the claim. \n\nCounter Claim with Self-Executing Contract If Respondent, such as by commission, omission, and otherwise : ( a ) Fails to provide VALIDATION and PROOF OF CLAIM within XXXXhirty ( 30 ) days ; ( b ) Makes a false representation of the character of the herein above-referenced alleged debt ; ( c ) Makes a false representation of the legal status of the herein above-referenced alleged debt ; ( d ) Makes any threat of action that can not legally be taken, in violation of any applicable law, such as, the law codified at the Fair Debt Collection Practices Act, will be construed to be Respondents tacit acceptance of the terms and condition stated herein. In which case RESPONDENT agrees to : ( e ) Voluntarily report this account to all credit bureaus as paid as agreed ; and, ( f ) Voluntarily waive all claims against Claimant, their Agent or Heirs with prejudice ; and, ( g ) The matter regarding the alleged debt is finally and totally settled ; and, ( h ) Voluntarily admits the Claimant is the depositor for this account, that Respondent risked none of their assets at any time regarding this account and that they failed to disclose these material facts to Claimant ; and, ( i ) Voluntarily report the date of last activity on this account is the date of this notice. \n\nFurthermore, RESPONDENTS failure to Cease and Desist in accordance with the requirements of the FDCPA and other related law, and/or satisfy the above terms and conditions, constitutes RESPONDENTS Breach of Duty and voluntary agreement to compensate Claimant, by certified mail, with a cashiers check within thirty ( 30 )  days of the date of billing by Claimant, their Agent or Heirs, in the following amounts : I ) XXXX XXXX Dollars ( {$1000.00} ) for each communication made to Claimant or their Agent or Heirs, whether telephonically or in writing, which is not in affidavit form, by a person who has firsthand knowledge, regarding Respondents unsubstantiated claim ; and, II ) XXXX XXXX Dollars ( {$50000.00} ) for each transaction initiated by Claimant where Claimants commercial ability is impeded due to you, your agents or assigns adverse credit reporting ; and, III ) XXXX XXXX Dollars ( {$5000.00} ) for each court appearance Claimant, their Agent or Heirs makes in response to Respondents unsubstantiated claims ; and, IV ) RESPONDENT owes Claimant the balance equal to the purported credit limit on this account, plus interest and fees, for money lent ; and, V ) Three times the alleged claim amount of XXXX XXXX XXXX XXXX XXXX XXXX XXXX dollars ( {$160000.00} ) which equals ( {$490000.00} ) ; and, VI ) XXXX XXXX Dollars ( {$5000.00} ) per occurrence, for listing or reporting any information to a credit reporting repository which could be considered detrimental to Claimants credit history ; and, VII ) Punitive damages in the amount of ( {$270000.00} ) ; and VIII ) Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs ; fees and expenses incurred in defending against this and any and all continued collection attempts ( by anyone ) re the above-referenced alleged account RESPONDENT also agrees to : 1. Voluntarily authorize Claimant to record a UCC-1 on RESPONDENT as debtor to secure the debt owed Claimant ; and, 2. Voluntarily prove their claim as a RESPONDENT in possession of Claimant property in a involuntary bankruptcy proceeding process ; and, 3. Voluntarily compensate Claimant for ALL costs and attorneys/consultant fees ; and, 4. Resolve ALL claims by Claimant, against Respondent, et al, exclusively and finally through binding arbitration, if necessary, to enforce the above terms, conditions, fees, penalties and damages. Arbitration replaces the right to go to court except to confirm an arbitration award. The arbitration organization that is selected will apply its code or procedure in effect at the time the arbitration is filed, subject to this agreement. The arbitration will be conducted before a single arbitrator. The arbitrators authority is limited solely to the Claims between Claimant and Respondent alone. The arbitration will not be consolidated with any other arbitration proceeding. If Claimant prevails in the arbitration of any Claim against Respondent, Respondent will reimburse Claimant for any fees Claimant paid to the arbitration organization in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive any voluntary payment of Claimants claim against Respondent, in full, or any bankruptcy by Respondent. \n\nThis is a private communication and is intended to affect an out-of-court settlement of this matter. Conduct yourself accordingly. Should any provision on this agreement be found to not be enforceable by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become enforceable.\nEquality under the Law is PARAMOUNT and MANDATORY by Law NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL Applicable to all successors and assigns Silence is Acquiescence/Agreement/Dishonor You are the second party that has written a letter purporting to represent, or have as your client, and the first was not registered as a debt collector in Maine and they have not answered the debt validation request presented to them. This is Notice that I do not recognize the Respondent from which the Claimant has received a computer-generated debt collection attempt, and I must necessarily dispute part, or all, of the alleged debt until the following is received ... \nCREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF CLAIM Please provide all of the following information and submit the appropriate forms and paperwork back to me along with an Affidavit signed In Accordance with 28 U.S.C. 1746 within 30 days from the date of your receipt of this request for validation and proof of claim.\n1. Alleged Name and Address of Creditor 2. Name on File of Alleged Debtor : 3. Alleged Account # : 4. Amount of alleged debt : 5. Date that this alleged debt became/becomes payable : 6. Date of original charge off or delinquency : 7. Amount paid if debt was purchased : 8. Please attach a copy of any signed agreement alleged debtor/claimant has made with debt collector, or other verifiable proof that debtor/claimant has a contractual obligation to pay debt collector. \n9. Furnish a copy of the original promissory note/agreement redacting my social security number to prevent identity theft and state that your client named above is the holder in due course of the note agreement and will produce the original for my own and a judges inspection should there be a trial to contest these matters.\n10. Produce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. Such as ; FR 2046 balance sheet ( OMB # s 2046, 2049, 2099 ), 1099 OID report, S-3/A registration statement, 424-B5 prospectus, RC-S & RC-B call schedules 11. Identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt.\n12. Verified specifically, name ( s ) of person ( s ) assigned as Trustee to handle Corporations affairs and to be held accountable for the actions of the Corporation. Such as CFO and subordinates responsible for debt collections.\n13. Verify as a third-party debt collector, you have not purchased evidence of the alleged debt and are proceeding with collection activity in the name of the original maker of the note.\nXXXX. Verify you know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity. \nXXXX. Provide verification from the stated creditor that you are authorized to act for them. \nXXXX. Verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing, which you know is false with the intention that others rely on the written communication to their detriment a violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341.\nNOTICE OF CLAIM DISPUTE NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT APPLICABLE TO ALL SUCCESSORS AND ASIGNS **********************SILENCE IS ACQUIESENCE*********************** NOTICE AND DEMAND TO CEASE AND DESIST COLLECTION ACTIVITIES PRIOR TO VALIDATION OF PURPORTED DEBT Pursuant to the truth in lending laws of the United States Code , Title 15 1601 et. Seq. and the Fair Debt Collection Practices Act laws of the United States Code 1692 et. seq This notice constitutes a timely written response to your Fair Debt Collection Practices Act notice that you are attempting to collect an alleged debt and is not a dishonor of your alleged claim of debt. \nThis notice is my, required by law, demand to cease and desist collection activities prior to validation of purported debt and you must validate the enclosed claim of an alleged debt. You must provide verification that an actual debt really exists by producing the following : 1. The name and address of the organization or other governmental unit alleging a debt ; 2. The name and address of the person or persons in that organization or other governmental unit alleging a claim of debt ; 3. The name of the actual creditor even if that is myself ; 4. The origin of the funds used to create this alleged claim of debt 5. The actual records of the organization or other governmental unit showing the time and place of the deposit and distribution of the funds used to create this alleged claim of debt.\n6. The actual records of the organization or other governmental unit showing that an actual loan was made from the organization or other governmental units own funds that resulted in the enclosed alleged claim of a debt.\n7. The actual records of the organization or other governmental unit with a live signature on any and, all document/instrument ( s ) used to allege the existence of a real loan of funds or debt from the organization or other governmental unit to myself or anyone else by similar name. \nXXXX. Be advised that verification is defined XXXX XXXX Law Dictionary, 6th Edition ) as follows : Confirmation of correctness, truth, or authenticity, by affidavit, oath or deposition. Affidavit of truth of matter stated and object of verification is to assure good faith in averments or statements of party. \nXXXX. The actual records of the organization or other governmental unit showing that an honest disclosure of facts relating to the alleged loan was made by the organization or other governmental unit in compliance with the truth in lending laws of the United States Code, Title 15 -1601 et. seq and Regulation Z. \n10. The actual records of the organization or other governmental unit showing that any, and all documents /instrument ( s ) containing my signature or likeness of my signature were not negotiated or pledged by the organization or other governmental unit against my credit to create the funds used for the appearance of a debt and resulting in this alleged claim of debt.\n11. The person that prepares and swears to the validation of debt must describe:1 ) your job description on a daily basis ; 2 ) if you are the regular keeper of those books and records and are familiar with how they are kept and their contents ; 3 ) How long have you been in your position ; 4 ) When did you first come in contact with the alleged account/debt ; 5 ) How frequently do you work with the files and information they are presenting to verify/validate the alleged debt ; and 7 ) Do you have personal knowledge about the alleged debt and/or any alleged account.\n15 U.S.C -1692 ( e ) states that a false, deceptive, and misleading representation, in connection, with the collection of any debt, includes the false representation of the character or legal status of any debt and further makes a threat to take any action that can not legally be taken a deceptive practice.\nPursuant to 15 U.S.C -1692 ( g ) ( 4 ) Validation of Debts, if you have evidence to validate your claim that the attached presentment does not constitute fraudulent misrepresentation and that one owes this alleged debt, this is a demand that, within 30 days, you provide such verification/validation and supporting evidence signed and certified under penalty of perjury to substantiate your claim. Until the requirements of the Fair Debt Collections Practices Act have been complied with and your claim is verified/validated, you have no consent to continue any collection activities. \n\nThis is a constructive notice that, absent the validation of your claim within 30 days, you must cease and desist any, and all collection activity and are prohibited from contacting me through the mail, by telephone, in person, at my home, or at my work. You are further prohibited from contacting any other third party. Each, and every attempted contact, in violation, of this act, will constitute harassment and defamation of character and will subject your agency and/or attorney and any, and all agents in his/her individual capacities, who take part in such harassment, and defamation, to a liability for actual damages, as well as statutory damages of up to {$1000.00} for each and, every violation, and a further liability for legal fees to be paid to any counsel which I may retain. Further, absent such validation of your claim, you are prohibited from filing any notice of lien and /or levy or judgment and are also barred from reporting any derogatory credit information to any credit reporting agency, regarding this disputed purported debt. \nFurther, pursuant to the Fair Debt Collection Practices Act 15 U.S.C 1692 ( g ) ( 8 ),  as you are merely an agency or other governmental unit of the United States, acting on someone elses behalf, this is a demand that you provide the name of the original principal or holder in due course, for whom you are attempting to collect this alleged debt. \nPlease take notice that this legal notice will be forwarded as a criminal investigation of the business practices of the above, named organization or other governmental unit, its agents, officers, employees and attorney to determine violations of the United States criminal laws. Your claims of collection of a purported debt appears to be founded upon a false record in violation of U.S.C Title 18 -2071 and 2073 ( falsifying records ) and further ; uttering and possessing false obligations and counterfeit securities based upon the falsified records in violation of U.S.C Title 18 -471,472,473and or 513, and further using corrupt business practices to make and possess false records and claim if obligation, not substantiated by truthful facts in violation of the Federal Racketeer Influences and Corrupt Organization ( RICO ), U.S.C Title 18 1961 et.seq and further using the U.S. Mail to present such fraud and false instruments amounting to Mail Fraud, criminal conduct falling under Title 18 U.S.C -1341 Frauds and Swindles laws, and further sending mal with false and fictitious names, criminal conduct falling under Title 18 U.S.C -1842 Fictitious Names. IE XXXX XXXX. ALL INFORMATION WILL BE FORWARDED TO THE TEXAS INSPECTOR GENERAL OFFICE AND IRS CRIMINAL DIVISION TO INVESTIGATE AVANTE USATHE BANKING SECRECY ACT AND THE PATRIOT ACT UNDER AS WELL AS ALL MONEY INSTRUMENT TO BE DISCLOSED.\nTAKE NOTICE AVANTE USAfailure in providing respondent with the requisite verification, validating the above referenced alleged debt within the requirements of law as codified in the Fair Debt Collection Practices Act, Fair Credit Reporting Act, Banking Secrecy Act, Patriot Act and the corresponding laws of each state, signifies that Debt Collector tacitly agrees that : A. ) Debt collector has no lawful, bona fide, verified claim, re the listed accounts : # XXXX B. ) Debt Collector waives any, and all claims against respondent C. ) Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs, fees and expenses incurred in defending against this and any, and all continued collection attempts, re the above-referenced alleged accounts.\nD. ) Failure of Debt Collector to properly and legally verify/validate alleged debt as required in this notice us a self-executing irrevocable power of attorney authorizing Respondent/Alleged Debtor named herein to direct the permanent removal, on behalf of the alleged Creditor, of any, and all references to said accounts in any, and all credit reporting agency files of any type. \nThis response will constitute my effort to resolve this on-going debt claim between the parties involved. Until full disclosure on and for the official public record with a signed affidavit attached is achieved, there can be no case, collection or action. No civil or criminal cause of action can arise lest, out of fraud, there be valid, honest contract See XXXX XXXX XXXX 249 P. 2d 257,260 Furthermore Title 12 U.S.C -411 Federal reserve notes, to be issued at the discretion of the Board of Governors of the Federal Reserve System for the purpose, of making advances to Federal reserve banks through the Federal reserve agents as hereinafter set forth and for no other purpose, are authorized. The said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federal reserve banks and for all taxes, customs, and other public dues. They shall be redeemed in lawful money on demand at the Treasury Department of the United States, in the city of XXXX XXXX XXXX XXXX, or at any Federal Reserve bank.","date_sent_to_company":"2017-11-02T05:47:31.000Z","issue":"Written notification about debt","sub_product":"I do not know","zip_code":"752XX","tags":null,"has_narrative":true,"complaint_id":"2718319","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"AVANTE","date_received":"2017-11-02T00:45:44.000Z","state":"TX","company_public_response":null,"sub_issue":"Didn't receive notice of right to dispute"},"highlight":{"complaint_what_happened":["CREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF CLAIM Please provide all of the following information and submit the appropriate forms and <em>paperwork</em> back to me <em>along</em> 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."]},"sort":[5.3470216,"2718319"]},{"_index":"complaint-public-v1","_id":"22222473","_score":5.1268826,"_source":{"product":"Mortgage","complaint_what_happened":"Wells Fargo Home Mortgage Co and XXXX XXXX XXXX XXXX XXXX XXXX. \nList of Reported Errors Consumer / Mortgage Holder Name : XXXX XXXX Property Address : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Mortgage Loan Number : XXXX Mortgage Origination Date : XX/XX/XXXX Timeline of Wells Fargo Home Mortgage Company and / or XXXX XXXX XXXX XXXX XXXX XXXX errors/ actions/ damages EXECUTIVE SUMMARY OF COMPLAINT * The Core Issue : A \" Manufactured Default '' occurred when the servicer flipped a protected Hurricane XXXX Disaster Relief deferment into a forced foreclosure/modification track. * Forensic Accounting Error : Two prior COVID-19 deferrals were mismanaged, leaving {$21000.00} in the principal balance that should have been removed, resulting in approximately {$8800.00} in \" ghost interest '' charges. * Document Fraud : A loan modification was produced by \" XXXX XXXX XXXX in XX/XX/XXXX that was backdated to XX/XX/XXXX, directly contradicting contemporaneous emails stating paperwork was still forthcoming. * Equity Loss : These errors created a payoff discrepancy of over {$44000.00}, stripping the home equity intended for my retirement.\n\nWells Fargo Home Mortgage Company placed me in a COVID 19 payment suspension program in XXXX of XXXX. I did not request this. * * * See item 1 and 2, attached emails from WF, I did not see or respond to Error # 1 - In XXXX of XXXX Wells Fargo Home Mortgage Company deferred the initial payment suspension for XX/XX/XXXX through XX/XX/XXXX, or 6 months. The amount deferred was {$6900.00}, which was made up of the following amounts : Principal and Interest {$6500.00} Other past due amounts to be deferred {$420.00} TOTAL {$6900.00} * * * See item 3, attached 1st deferral HOWEVER Well Fargo Home Mortgage Company did not reduce my loan balance by the same amount that was deferred as required by XXXX XXXX for deferrals. Wells Fargo Home Mortgage Company only reduced my loan by {$2300.00}, shorting the reduction on my balance by {$4600.00}. * * * See item 4, attached copy of deferral and corresponding ledger of my mortgage loan This error caused an additional {$4600.00} to be left in my principle creating additional interest charges to be incurred to me. This is double capitalization of interest.\n\n* * * See item 4, attached copy of deferral and corresponding ledger of my mortgage loan This error falls under the following violations : 1. ) Elder financial Exploitation ( Fla. Stat s 825.103 ) 2. ) FDUTPA ( Fla Stat. s 501.201 ) 3. ) Breach of Fiduciary Duty Breach of duty of care owed to a senior borrower in the administration of government-mandated COVID-19 assistance programs.\n\n4. ) Negligent Accounting/Servicing 5. ) Intentional Mismanagement of Assets ( Fla. Stat. s825.103 ) 6. ) Bad Faith Servicing & Punitive Damage Standing ( Fla. Stat.s768.72 ) * * * Every subsequent action taken on my mortgage loan from this point forward was built on a foundation of bad data due to this error * * *.\n\nWells Fargo Home Mortgage Co. kept me on payment suspension, and I was making payments, some partial, as I could.\n\nError # 2 : On XXXX XXXX, Wells Fargo Home Mortgage Company deferred an additional full 12 months of payments for XX/XX/XXXX through XX/XX/XXXX. The amount that was deferred was {$21000.00}, which was made up of the following amounts : Principle and Interest {$13000.00} Other past due amounts to be deferred {$8200.00} TOTAL {$21000.00} * * * See item 5 attached HOWEVER, once again, Well Fargo Home Mortgage Company did not reduce my loan balance by the same amount that was deferred as required by XXXX XXXX for deferrals. Wells Fargo Home Mortgage Company only reduced my loan by $ {$4700.00}, shorting the reduction on my balance by {$16000.00}. * * * See item 5, attached This error caused an additional {$16000.00} to be left in my principle creating additional interest charges to be incurred to me. This is double capitalization of interest.\n\n* * * See item 5, attached copy of deferral and corresponding ledger of my mortgage loan showing reduction in loan, deferrals and loan ledger balance showing error.\n\nThis error also falls under the following violations : 1. ) Elder financial Exploitation ( Fla. Stat s 825.103 ) 2. ) FDUTPA ( Fla Stat. s 501.201 ) 3. ) Breach of Fiduciary Duty Breach of duty of care owed to a senior borrower in the administration of government-mandated COVID-19 assistance programs.\n\n4. ) Negligent Accounting/Servicing 5. ) Intentional Mismanagement of Assets ( Fla. Stat. s825.103 ) 6. ) Bad Faith Servicing & Punitive Damage Standing ( Fla. Stat.s768.72 ) At that point, there was now an additional {$21000.00} that had been left in my mortgage loan balance in spite of the 2 deferrals that I was provided for by Wells Fargo Home Mortgage Company , per XXXX XXXX COVID 19 deferral guidelines, that were not handled properly, creating additional interest charges to be incurred to me. This is double dipping of interest.\n\nMy loan balance should have been reduced by the full deferral amount ( s ) of : {$6900.00} Given XX/XX/XXXX {$21000.00} Given XX/XX/XXXX {$28000.00} TOTAL My loan balance was not reduced by the full deferred amounts of {$28000.00}, instead it was reduced by a total of only {$7000.00}, leaving {$21000.00} in my loan balance that was subject to double interest/capitalization, and I had to pay that additional interest for the years until I found out what had happened. ( XX/XX/XXXX ) The additional interest that I paid on that ghost principle was approximately {$8800.00}.\n\nError # 3 : In late XXXX Florida was hit by XXXX XXXX coming in as a CAT 4 hurricane.\n\nWells Fargo Home Mortgage Co. once again reached out to its customers with disaster relief on XX/XX/XXXX, at XXXX EDT, via emails with coded XXXX, ( disaster relief ) to their customers. A 12-month deferral period was extended to Wells Fargo Home Mortgage Co. customers for Hurricane XXXX as part of the Disaster Relief program, as directed by XXXX XXXX . * * * See item 6 attached. Email from XXXX re XXXX XXXX XXXX XXXX XXXX XXXX During that time, I made the multiple payments on my mortgage loan, as I was able to however a few were not paid, and they were to be deferred, as offered to me by Wells Fargo Home Mortgage Co. \nOn XX/XX/XXXX, one month later, I received an email from Wells Fargo Home Mortgage Co. coded XXXX, ________, stating that Disaster assistance will end on XX/XX/XXXX, and thanking me for taking the time to talk to us as you continue to recover. We are sorry that you have been affected by the hurricane. and The disaster relief that we recently discussed is coming to an end on XX/XX/XXXX, please contact us to talk about next steps. You may have options ; we want to help * * See item 7 attached. Email from XXXX XX/XX/XXXX On XX/XX/XXXX, at XXXX EDT, I received an email from Wells Fargo , thanking me for submitting the documents we asked for and We have what we need to begin our review of your home assistance request.\n\nI responded to this the same day, XX/XX/XXXX at XXXX XXXX  EST stating that I had not submitted any documentation for this or anything to them. That I was looking to set up a re-payment plan for the 3 payments I missed, NOW THAT MY HARDSHIP IS OVER. * * * See item 8 attatched. Email from XXXX and response from XXXX I heard nothing further from them until XXXX XXXX at XXXX EDT, in an email, stating You can get help with your payments and You have missed several payments and your loan is now in default. Reaching out is not easy, but we are here to help. We would like to talk with you about your options that could make your situation a little easier and help you avoid foreclosure. this time, it was coded XXXX collection. The payments that I was behind were from XXXX XXXX, in which Wells Fargo Home Mortgage sent out emails on XX/XX/XXXX at XXXX XXXX extending the disaster relief for XXXX XXXX of up to 12 months deferral. That email was coded with XXXX. * * * See item 9 attached .Email from XXXX dated XX/XX/XXXX To my knowledge, there was no disaster relief at that time other than the XXXX XXXX disaster relief, which was up to 12 months,1 year, or XXXX ( maybe XXXX?? ) of XXXX. If there was I was not a participant in them. I only was a participant in the XXXX XXXX disater relief program offered by Wells Fargo Home Mortgage as directed by XXXX XXXX. * * * See item 10 attached.XXXX XXXX statement on XXXX XXXX disaster relief. \nSomehow Wells Fargo Home Mortgage Co. flipped any past due payments from what should have been deferred due to XXXX XXXX directives/guidelines for the XXXX XXXX disaster to full blown collections, and threatening foreclosure in the following months. \nKeep in mind, I am still paying double interest on error 1 and error 2 at this time.\n\nI received another email from Wells Fargo Home Mortgage Co. on XX/XX/XXXX, once again t5hanking me for submitting the documents they requested, and We have what we need to begin your review of your home assistance request. * * * See item 11 attached. Email from XXXX. \n\nOn XX/XX/XXXX, Wells Fargo Home Mortgage Co. sent a hard copy piece of mail to me via USPS. The Subject Line stated Loan Modification trial period plan. The letter further stated Thank you for contacting us about your mortgage. Based on careful review of the information you provided, we are offering you the opportunity to enter into a loan modification. If you satisfy all of the terms of the offer, successfully complete the trial period plan by making the required payments, and return a signed loan modification agreement, we will then sign the loan modification, and your loan will be permanently modified. Immediately below that, in large bold letters it stated- ACT NOW Key steps to modify your mortgage and prevent foreclosure action. Below that it said You must do one of these things by XXXX XXXX- Contact us by phone or in writing to let us know if you intend to accept this offer, OR Send your first trial period payment of {$1600.00} to accept this offer. Directly below the 2 conditions it stated : IF YOU DO NOT CONTACT US OR SEND YOUR FIRST TRIAL PERIOD PLAN PAYMENT BY XX/XX/XXXX, FORECLOSURE PROCEEDINGS MAY BE STARTED OR CONTINUE. Attached to that letter was the proposed modification terms showing current terms with the deferred balance present, and the modification terms showing the deferred balance at {$0.00} * * * See item 12 attached. Hard mail from XXXX. Completely alarmed and not understanding what this was about, because I was still in the XXXX XXXX deferral program, and still making payments, I called the individual who signed the letter, XXXX XXXX, Home Preservationist Specialist. I asked him what this was about and if there was a foreclosure already started. He put me on hold, checked and came back and said it looked like they have started a foreclosure. I asked why, and why was this the first that I was hearing about it, and informed him that all missed payments were covered in the COVID 19 deferrals and the XXXX XXXX deferral that was offered to me. I further went on to state that I was shocked that this was happening and certainly since all missed payments had already been deferred and moved to the back of the loan. I became upset and told him I did not ask for this and did not want it. I did not even understand what it was. XXXX XXXX placed me on hold again, came back on the line and told me that they had made an error, and to please disregard it. I asked him if he was absolutely sure, because I did not want to have another surprise like this in a few months. He very kindly confirmed that he was sure. We hung up and I felt better. I had been making payments on my mortgage loan to catch up the payments I had missed clearly not understanding how the COVID 19 deferrals worked, and thinking that I still needed to pay those payment. Wells Fargo Home Mortgage Co was applying those payments to current arrears, as they should have I believe. I also took comfort in knowing that knew I was on the hurricane XXXX disaster payment deferral program. \nOn XXXX XXXX, I received another email from Wells Fargo Home Mortgage Co. Subject Line : We Need You to Verify Information and the email Stated Review this loan information carefully There was nothing attached to the email to review. * * * See Item 13 attached. Email from XXXX. I picked up the phone again and called the individual who signed the email, XXXX XXXX, Home Preservation Specialist, and asked what this was about. I was told not to worry, they were just wrapping up the disaster relief deferrals. XXXX XXXX did tell me that my payments were going to be a bit higher for the next 3 months, for escrow and misc. items, and asked if I could afford it, to which I said yes, my hardship is over. He also told me to make the three payments as indicated in the hard copy mailed to me via USPS on XX/XX/XXXX, and once that was complete I would not need to make any payments again until the first of the XXXX XXXX. \nOn XX/XX/XXXX at XXXX EST, I received another email from Wells Fargo Applications. Suject line was The Final Loan Agreement is Approved. It further stated Thank you for completing the payments for your home assistance request. We have mailed you 2 final documents : - Original copy to sign ( and notarize if requested ) - Duplicate copy for your records It also said Were also sending out a Preferred Payment Plan Authorization form that we encourage you to complete. and Please contact me with any questions. I picked up the phone again and called the individual who signed the email, XXXX XXXX. I went through the entire story from XXXX XXXX, telling her that I wanted to make sure that this was not a loan modification, but rather the deferment from XXXX XXXX. XXXX XXXX assured me not to worry about anything, but do complete the paperwork so that they can complete my PAYMENT ASSISTANCE. I of course thought this was the deferral for XXXX XXXX, even though it had only been 3 months since the disaster. This made perfect sense to me based on how the COVID 19 disaster Relief was handled in chinks of months. I did not think further about it. * * * See item 14 attached. Email from XXXX On XXXX, XXXX, I received another email from Wells Fargo Consumer Lending, stating Youll receive your PAYMENT ASSISTANCE documents soon. We will need these documents to complete your PAYMENT ASSISTANCE Not Loan Modification PAYMENT ASSISTANCE. The email further went on to say Weve sent you documents to complete for your PAYMENT ASSISTANCE. When you receive them you will need to sign, have notarized ( if required ) and return them by the due date provided in the document package. This communication was coded XXXX ________________________?? * * * See Item 15 attached.Email from Wells Fargo APPLICATIONS. \nThinking that this was the first portion of payment deferrals for the XXXX XXXX, it did not ruffle my feathers. Nothing had been said to me above a modification in months, or how a modification would work, or that they would pull my deferred amounts and add them back into my loan, which was already inflated by the incorrect reductions done by Wells Fargo Home Mortgage Co by not reducing my loan by the full deferral amount as directed by XXXX XXXX during the COVID 19 disaster. \nOn XX/XX/XXXX, I received another email at XXXX EST, from Wells Fargo XXXX (? ) Subject line was : Wells Fargo XXXX XXXX. In this email Wells Fargo Home Mortgage Co stated : We are reaching out to you today regarding the final documents. Congratulations once again on the APPROVAL. It did not state Approval for what ie deferment, modification, forebearance? It further stated We sent the final agreement documents to you on XX/XX/XXXX and have ordered a mobile notary for you, and they will call and schedule an appointment. Please return the signed documents, dated and notarized. Additional instructions may be provided by the notary when they contact you for the signing appointment. We have provided the XXXX tracking numbers for your convenience ( Tracking numbers for what??? ) Please continue making ongoing monthly loan payments. Nowhere did it say anything about a modification, indicate any dollar amounts, nothing about the transaction that I later found out happened to me. ANOTHER INTERESTING POINT On XX/XX/XXXX they sent the email address above, and attached as well, stating that the paperwork was sent out on XX/XX/XXXX. Yet there were at least 2 earlier emails in XX/XX/XXXX, stating that the paperwork would be forthcoming. I had not seen any detailed modification paperwork * * * Seeitem 16 attached. Email from Well Fargo Home Mortgage Co. \nI continued making payments as normal. I do not recall signing a loan modification, or having a mobile notary come to my home. I did not look at my mortgage statement on a regular basis, because they were emailed to me, as encouraged by Wells Fargo Home Mortgage. I just made sure that my payments were made, and that if I had any late payments, that I caught them up. I also never truly looked at my XXXX, instead I just handed them over to the person that did my taxes. \nThis brings us to XXXX of XXXX. I am XXXX, and finally at a place where I can retire, relax, and spend time with my daughters and my XXXX grandchildren. I had worked since I was XXXX XXXX XXXX, and I was so excited to be able to take a break and enjoy life for once. However, my plan hinged on me selling my home/condo, of which I had equity in that would make this possible. \nI listed my home/ condo, and had a cash offer the first week that it was listed. This of course prompts realtors and owners into all kind of actions and activities that need to be completed so the closing can happen on time. \nWell, one of those items was my mortgage payoff amount. Im thinking it is around {$170000.00}, with the additional deferred amount of {$28000.00} Math attached. Imagine my utter shock and surprise when my realtor told me that it was {$230000.00}!! That amount was more than the original mortgage I took out in XXXX which was for {$220000.00}. \n\nI called Wells Fargo, knowing they would re-direct me to XXXX XXXX XXXX XXXX XXXX because also in XX/XX/XXXX I was notified that my mortgage was sold to XXXX XXXX, XXXX XXXX XXXX. I was redirected to XXXX XXXX, XXXX XXXX XXXX. I was told that yes, that is the correct payoff amount, and I tried to explain no, there is no way that can be. XXXX XXXX XXXX XXXX XXXX told me they would send over the information that they were given by Wells Fargo Home Mortgage when they purchased my mortgage from them. \n\nI have attached what I received from XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX sent to me their official Loan History Summary given to them by Wells Fargo Home Mortgage as part of the package that supported my mortgage loan and its value/worth. * * * See item 17and 18 attached. XXXX Loan History Summary.\n\nXXXX XXXXXXXX XXXX XXXX  XXXX has 3 different dates for my loan origination as shown on documents that they have shared with me. They have XXXX, XXXX, and XXXX. Yet on the Welcome letter from them they do acknowledge the XXXX date and amount. \nI sent Notice of error to Wells Fargo Home Mortgage Co and XXXX XXXX XXXX XXXX XXXX on ______________. \n\nAs stated above, XXXX XXXX XXXX XXXX XXXX replied in the attached referenced documents. \n\nWells Fargo replied on XX/XX/XXXX denying any errors and attaching my Customer Account Activity document from inception of the mortgage in XXXX. Also attached was a loan modification that I was seeing for the first time. * * * See item 19 attached. XXXX Response to Notice of Error When taking a closer look at the modification the following items were noted : The date was XX/XX/XXXX. I was receiving communications about some type of payment assistance in XX/XX/XXXX. There is no loan number on the document. Thet is a handwritten number that does not match my loan number. The amount of the modification is listed as {$12000.00}, which is the amount iin arrears during the disater relief period for XXXX XXXX and were to be deferraled for up to 12 months, per Fannie Mae directives for XXXX XXXX starting in XXXX. \nIN ADDITION, looking closely at the Modification document, you will note that Wells Fargo Home Mortgage quietly rolled my deferrals totaling {$28000.00} back into my loan, yet they had not corrected the {$21000.00} had not been properly removed from my loan balance as should have been when the deferral went through. My mortgage now became over stated, and I had been paying interest ( $ XXXX plus ) on the {$21000.00} that should not have been in my balance. That coupled with the {$12000.00} that Wells Fargo Home Mortgage took from being a disaster relief amount to a straight up arrears collection foreclosure amount, erroneously increased my loan balance by the deferred amount of {$28000.00}, the ghost amount never reduced from my loan balance when the deferrals went through of {$21000.00}, the {$12000.00} that was to be deferred under the XXXX XXXX disaster relief program, and the approximately {$8800.00} in additional interest that I paid. \n\nThe Notice of errors was sent out over 7 times. Each notice was acknowledged by Wells Fargo Home Mortgage and XXXX XXXX XXXX XXXX XXXX, but both responded each time that there were no errors. They were looking at the same documents that I was. In fact, they provided me with the documents in an attempt to prove that there were no errors. \nI now am forced to go back into the fulltime workplace due to the shortage of monies that were improperly and illegally withheld from me. \nDISCREPANCIES IN LOAN ORIGINATION DATA ( RE-AGING ) Actual Origination Date : XX/XX/XXXX. \nXXXX  Reported Dates : Documentation provided by XXXX inconsistently lists the loan origination as XXXX, XXXX, and XXXX. \nImpact of Error : These inaccurate dates constitute an unauthorized \" re-aging '' of the loan. This effectively erases a decade of my verified payment history and allows the servicer to hide the accounting errors that occurred between XXXX and XXXX. \nSupporting Evidence : See Items 20 and 21 ( XXXX  Loan History Summary and Welcome Letter ).\n\nIn summation the following is what happened to me, along with violations carried out by Wells Fargo Home Mortgage and XXXX XXXX XXXX XXXX XXXX, legal pursuable counts, and financial damage, both base and potential, to the customer : FINAL SUMMATION OF VIOLATIONS AND DAMAGES Statutory Violations : Elder Financial Exploitation ( Fla. Stat. 825.103 ) : Knowingly depriving a senior of home equity through accounting manipulation and the refusal to correct known errors.\n\nFDUTPA ( Fla. Stat. 501.201 ) : Deceptive acts involving the coercion into modification, under the guise of \" foreclosure ''. A COPY of a modification that was backdated to XX/XX/XXXX, but per Wells Fargo own emails, the paperwork was not sent out at the date on the alleged, forced by threat, modification.\n\nRESPA & FCRA : Failure to conduct a reasonable investigation after eight formal notices of error and the unauthorized re-aging of the loan history to XXXX. \nRealized Financial Damages : Principal Discrepancy : {$21000.00} ( The total amount improperly left in the principal balance following the XXXX and XXXX deferral errors ).\n\nUnearned Interest Paid : ~ {$8800.00} ( Estimated additional interest paid on the \" ghost principal '' balance ).\n\nMisapplied XXXX XXXX Arrears : {$12000.00} ( Amount that was to be deferred under disaster relief guidelines but was instead rolled into a modification ).\n\nTotal Equity Discrepancy : {$44000.00} ( The gap between the expected payoff of ~ {$180000.00} and the actual payoff demand of {$230000.00} ).\n\nNon-Economic Damages : o Loss of retirement security, forced re-entry into the full-time workforce at age XXXX, and severe emotional distress caused by the threat of foreclosure and the erasure of 10 years of credit history.\n\nA. List of Reported Violations Elder Financial Exploitation ( Fla. Stat. 825.103 ) : Knowingly and through deception depriving a senior citizen of their home equity by failing to properly apply mandated deferrals.\n\nFlorida Deceptive and Unfair Trade Practices Act ( FDUTPA ) ( Fla. Stat. 501.201 ) : Engaging in unfair methods of competition and unconscionable acts, specifically the issuance of \" backdated '' modification documents to hide servicing errors.\n\nRESPA Regulation X Violations : Failure to maintain accurate servicing records and failure to conduct a \" reasonable investigation '' after eight ( 8 ) formal notices of error.\n\nFair Credit Reporting Act ( FCRA ) Violations : Intentional \" Re-aging '' of the loan origination date to XXXX, effectively erasing years of positive payment history and damaging my creditworthiness.\n\nBreach of Fiduciary Duty : Failure to exercise the required duty of care in the administration of government-mandated COVID-19 and XXXX XXXX assistance programs.\n\nB. Legal Violation Counts 1. Manufactured Default : Intentionally flipping protected \" Disaster Relief '' payments into \" Foreclosure Collections '' to force a modification.\n\n2. Fraudulent Inducement : Coercing a \" Loan Modification '' through the use of threat of foreclosure, when customer was on XXXX XXXX Disaster Relief program, but deceptively dated XX/XX/XXXX. \n3. Double Capitalization/Double Dipping : Intentionally leaving {$21000.00} in the principal balance despite two formal deferral agreements, allowing the servicer to collect \" ghost interest '' on funds that should have been moved to the back of the loan.\n\n4. Agency Guideline Non-Compliance : Direct violation of XXXX XXXX COVID-19 and XXXX XXXX disaster relief mandates regarding the reduction of loan balances.\n\nSUMMARY OF LEGAL AND ACCOUNTING VIOLATIONS ( 14 COUNTS ) 1. Elder Financial Exploitation ( Fla. Stat. 825.103 ) : Knowingly depriving a senior of home equity through systematic accounting manipulation.\n\n2. FDUTPA Violation ( Fla. Stat. 501.201 ) : Deceptive trade practices, specifically the use of backdated modification documents.\n\n3. RESPA Regulation X 1024.35 : Failure to conduct a \" reasonable investigation '' after eight formal notices of error.\n\n4. RESPA Regulation X 1024.38 : Failure to maintain accurate records regarding the XXXX XXXX XXXX Disaster Relief deferment. \n5. FCRA Violation ( Fair Credit Reporting Act ) : Unauthorized \" re-aging '' of the loan to XXXX, erasing my actual XXXX origination history. \n6. Breach of Fiduciary Duty : Failure to exercise the required duty of care in administering government-mandated COVID-19 assistance.\n\n7. Negligent Servicing : Systematic failure to apply disaster relief credits as required by XXXX XXXX guidelines. \n8. Fraudulent Inducement : Coercing a modification through a document produced in XX/XX/XXXX but backdated to XX/XX/XXXX. \n9. Manufactured Default : Flipping protected XXXX XXXX relief payments into foreclosure collections ( Email Code XXXX ). \n10. Principal Balance Discrepancy : Failure to account for the {$21000.00} discrepancy left in my balance after two deferrals.\n\n11. Interest Overcharge : Illegal capitalization of approximately {$8800.00} in \" ghost interest '' on funds that should have been deferred.\n\n12. Agency Guideline Violation : Direct breach of XXXX XXXX XXXX XXXX \" Lender Letter '' mandates for servicers. \n13. Internal Coding Error : Misuse of service codes to bypass the \" Deferred '' status promised in communications.\n\n14. Systemic Bad Faith Accounting : Intentional \" book cleaning '' and data re-aging during the transfer to XXXX. \n\nIn closing : I have submitted this same complaint this evening to you all, the CFPB, as well as XXXX XXXX, The Florida Attorney General, and the XXXX XXXX XXXX XXXX XXXX. \n\nIt is my hope that now that I have forensically gone through the data, that this complaint will be taken seriously than it has been taken this past year, by all parties involved. I have been trying to resolve this since XX/XX/XXXX.","date_sent_to_company":"2026-05-14T22:52:40.000Z","issue":"Trouble during payment process","sub_product":"FHA mortgage","zip_code":"334XX","tags":"Older American","has_narrative":true,"complaint_id":"22222473","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"WELLS FARGO & COMPANY","date_received":"2026-05-14T22:15:40.000Z","state":"FL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Payment process"},"highlight":{"complaint_what_happened":["ANOTHER INTERESTING POINT On XX/XX/XXXX they sent the email address above, and attached as well, stating that the <em>paperwork</em> was sent out on XX/XX/XXXX. Yet there were at least 2 earlier emails in XX/XX/XXXX, stating that the <em>paperwork</em> would be forthcoming. I had not seen any detailed modification <em>paperwork</em> * * * Seeitem 16 attached. Email from Well Fargo Home Mortgage Co. \nI continued making payments as normal."]},"sort":[5.1268826,"22222473"]}]},"aggregations":{"has_narrative":{"meta":{},"doc_count":11,"has_narrative":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":1,"key_as_string":"true","doc_count":11}]}},"product":{"doc_count":11,"product":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Debt collection","doc_count":9,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"I do not know","doc_count":5},{"key":"Mortgage debt","doc_count":2},{"key":"Medical debt","doc_count":1},{"key":"Other debt","doc_count":1}]}},{"key":"Credit card or prepaid card","doc_count":1,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"General-purpose credit card or charge card","doc_count":1}]}},{"key":"Mortgage","doc_count":1,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"FHA mortgage","doc_count":1}]}}]}},"issue":{"doc_count":11,"issue":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Attempts to collect debt not owed","doc_count":5,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Debt is not yours","doc_count":3},{"key":"Debt was already discharged in bankruptcy and is no longer owed","doc_count":1},{"key":"Debt was result of identity theft","doc_count":1}]}},{"key":"Written notification about debt","doc_count":2,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Didn't receive notice of right to dispute","doc_count":2}]}},{"key":"False statements or representation","doc_count":1,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Attempted to collect wrong amount","doc_count":1}]}},{"key":"Problem with a purchase shown on your statement","doc_count":1,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit card company isn't resolving a dispute about a purchase on your statement","doc_count":1}]}},{"key":"Took or threatened to take negative or legal action","doc_count":1,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Seized or attempted to seize your property","doc_count":1}]}},{"key":"Trouble during payment process","doc_count":1,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Payment process","doc_count":1}]}}]}},"timely":{"doc_count":11,"timely":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Yes","doc_count":11}]}},"company_response":{"doc_count":11,"company_response":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Closed with explanation","doc_count":11}]}},"submitted_via":{"doc_count":11,"submitted_via":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Web","doc_count":11}]}},"company":{"doc_count":11,"company":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"AVANTE","doc_count":1},{"key":"Credit Systems International, Inc.","doc_count":1},{"key":"JPMORGAN CHASE & CO.","doc_count":1},{"key":"NATIONSTAR MORTGAGE LLC","doc_count":1},{"key":"OneMain Finance Corporation","doc_count":1},{"key":"PENNYMAC LOAN SERVICES, LLC.","doc_count":1},{"key":"ProCollect, Inc.","doc_count":1},{"key":"RentDebt Automated Collections, LLC","doc_count":1},{"key":"Sarma","doc_count":1},{"key":"The Receivable Management Services LLC","doc_count":1},{"key":"WELLS FARGO & COMPANY","doc_count":1}]}},"state":{"doc_count":11,"state":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"TX","doc_count":5},{"key":"FL","doc_count":2},{"key":"CA","doc_count":1},{"key":"HI","doc_count":1},{"key":"MI","doc_count":1},{"key":"TN","doc_count":1}]}},"company_public_response":{"doc_count":11,"company_public_response":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","doc_count":3},{"key":"Company believes it acted appropriately as authorized by contract or law","doc_count":1}]}},"tags":{"doc_count":11,"tags":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Older American","doc_count":1}]}}},"_meta":{"license":"CC0","last_updated":"2026-07-14T12:00:00-05:00","last_indexed":"2026-07-14T12:00:00-05:00","total_record_count":16441818,"is_data_stale":false,"has_data_issue":false,"break_points":{}}}