| 08/11/2022 |
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- Debt collection
- Medical debt
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- Attempts to collect debt not owed
- Debt is not yours
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Web |
Servicemember |
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This company is violating many of my personal rights ... .THIS IS NOT THE SAME NOR IS IT A SIMILAR COMPLAINT IT IS AN ABSOLUTE NEW ONE IN WHICH I AM CLAIMING CRIMINAL CHARGES!!!! IN ACCORDANCE WITH 18 USC Code 241 18 U.S. Code 241 - Conspiracy against rights U.S. Code If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same ; or If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured They shall be fined under this title or imprisoned not more than ten years, or both ; and if death results from the acts committed in violation of this section or if such acts include XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX as well as non permissible purpose 15 USC 1681b ( 2 ) 1681b. Permissible purposes of consumer reports ( a ) In general Subject to subsection ( c ) of this section, any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, or a subpoena issued in connection with proceedings before a Federal grand jury.
( 2 ) In accordance with the written instructions of the consumer to whom it relates.
( 3 ) To a person which it has reason to believe- ( A ) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer ; or ( B ) intends to use the information for employment purposes ; or ( C ) intends to use the information in connection with the underwriting of insurance involving the consumer ; or ( D ) intends to use the information in connection with a determination of the consumer 's eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant 's financial responsibility or status ; or ( E ) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation ; or ( F ) otherwise has a legitimate business need for the information- ( i ) in connection with a business transaction that is initiated by the consumer ; or ( ii ) to review an account to determine whether the consumer continues to meet the terms of the account.
( G ) executive departments and agencies in connection with the issuance of government-sponsored individually-billed travel charge cards.
( 4 ) In response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ), if the person making the request certifies to the consumer reporting agency that- ( A ) the consumer report is needed for the purpose of establishing an individual 's capacity to make child support payments or determining the appropriate level of such payments ; ( B ) the paternity of the consumer for the child to which the obligation relates has been established or acknowledged by the consumer in accordance with State laws under which the obligation arises ( if required by those laws ) ; ( C ) the person has provided at least 10 days ' prior notice to the consumer whose report is requested, by certified or registered mail to the last known address of the consumer, that the report will be requested ; and ( D ) the consumer report will be kept confidential, will be used solely for a purpose described in subparagraph ( A ), and will not be used in connection with any other civil, administrative, or criminal proceeding, or for any other purpose.
( 5 ) To an agency administering a State plan under section 654 of title 42 for use to set an initial or modified child support award.
( 6 ) To the Federal Deposit Insurance Corporation or the National Credit Union Administration as part of its preparation for its appointment or as part of its exercise of powers, as conservator, receiver, or liquidating agent for an insured depository institution or insured credit union under the Federal Deposit Insurance Act [ 12 U.S.C. 1811 et seq. ] or the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], or other applicable Federal or State law, or in connection with the resolution or liquidation of a failed or failing insured depository institution or insured credit union, as applicable.
( b ) Conditions for furnishing and using consumer reports for employment purposes ( 1 ) Certification from user A consumer reporting agency may furnish a consumer report for employment purposes only if- ( A ) the person who obtains such report from the agency certifies to the agency that- ( i ) the person has complied with paragraph ( 2 ) with respect to the consumer report, and the person will comply with paragraph ( 3 ) with respect to the consumer report if paragraph ( 3 ) becomes applicable ; and ( ii ) information from the consumer report will not be used in violation of any applicable Federal or State equal employment opportunity law or regulation ; and ( B ) the consumer reporting agency provides with the report, or has previously provided, a summary of the consumer 's rights under this subchapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title.
( 2 ) Disclosure to consumer ( A ) In general Except as provided in subparagraph ( B ), a person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless- ( i ) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and ( ii ) the consumer has authorized in writing ( which authorization may be made on the document referred to in clause ( i ) ) the procurement of the report by that person.
( B ) Application by mail, telephone, computer, or other similar means If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, at any time before a consumer report is procured or caused to be procured in connection with that application- ( i ) the person who procures the consumer report on the consumer for employment purposes shall provide to the consumer, by oral, written, or electronic means, notice that a consumer report may be obtained for employment purposes, and a summary of the consumer 's rights under section 1681m ( a ) ( 3 ) 1 of this title; and ( ii ) the consumer shall have consented, orally, in writing, or electronically to the procurement of the report by that person.
( C ) Scope Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumer 's application for employment only if- ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means.
( 3 ) Conditions on use for adverse actions ( A ) In general Except as provided in subparagraph ( B ), in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates- ( i ) a copy of the report; and ( ii ) a description in writing of the rights of the consumer under this subchapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title.
( B ) Application by mail, telephone, computer, or other similar means ( i ) If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, and if a person who has procured a consumer report on the consumer for employment purposes takes adverse action on the employment application based in whole or in part on the report, then the person must provide to the consumer to whom the report relates, in lieu of the notices required under subparagraph ( A ) of this section and under section 1681m ( a ) of this title, within 3 business days of taking such action, an oral, written or electronic notification- ( I ) that adverse action has been taken based in whole or in part on a consumer report received from a consumer reporting agency ; ( II ) of the name, address and telephone number of the consumer reporting agency that furnished the consumer report ( including a toll-free telephone number established by the agency if the agency compiles and maintains files on consumers on a nationwide basis ) ; ( III ) that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide to the consumer the specific reasons why the adverse action was taken ; and ( IV ) that the consumer may, upon providing proper identification, request a free copy of a report and may dispute with the consumer reporting agency the accuracy or completeness of any information in a report.
( ii ) If, under clause ( B ) ( i ) ( IV ), the consumer requests a copy of a consumer report from the person who procured the report, then, within 3 business days of receiving the consumer 's request, together with proper identification, the person must send or provide to the consumer a copy of a report and a copy of the consumer 's rights as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title.
( C ) Scope Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumer 's application for employment only if- ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means.
( 4 ) Exception for national security investigations ( A ) In general In the case of an agency or department of the United States Government which seeks to obtain and use a consumer report for employment purposes, paragraph ( 3 ) shall not apply to any adverse action by such agency or department which is based in part on such consumer report, if the head of such agency or department makes a written finding that- ( i ) the consumer report is relevant to a national security investigation of such agency or department ; ( ii ) the investigation is within the jurisdiction of such agency or department ; ( iii ) there is reason to believe that compliance with paragraph ( 3 ) will- ( I ) endanger the life or physical safety of any person ; ( II ) result in flight from prosecution ; ( III ) result in the destruction of, or tampering with, evidence relevant to the investigation ; ( IV ) result in the intimidation of a potential witness relevant to the investigation ; ( V ) result in the compromise of classified information ; or ( VI ) otherwise seriously jeopardize or unduly delay the investigation or another official proceeding.
( B ) Notification of consumer upon conclusion of investigation Upon the conclusion of a national security investigation described in subparagraph ( A ), or upon the determination that the exception under subparagraph ( A ) is no longer required for the reasons set forth in such subparagraph, the official exercising the authority in such subparagraph shall provide to the consumer who is the subject of the consumer report with regard to which such finding was made- ( i ) a copy of such consumer report with any classified information redacted as necessary ; ( ii ) notice of any adverse action which is based, in part, on the consumer report ; and ( iii ) the identification with reasonable specificity of the nature of the investigation for which the consumer report was sought.
( C ) Delegation by head of agency or department For purposes of subparagraphs ( A ) and ( B ), the head of any agency or department of the United States Government may delegate his or her authorities under this paragraph to an official of such agency or department who has personnel security responsibilities and is a member of the Senior Executive Service or equivalent civilian or military rank.
( D ) Definitions For purposes of this paragraph, the following definitions shall apply : ( i ) Classified information The term " classified information '' means information that is protected from unauthorized disclosure under Executive Order No. 12958 or successor orders.
( ii ) National security investigation The term " national security investigation '' means any official inquiry by an agency or department of the United States Government to determine the eligibility of a consumer to receive access or continued access to classified information or to determine whether classified information has been lost or compromised.
( c ) Furnishing reports in connection with credit or insurance transactions that are not initiated by consumer ( 1 ) In general A consumer reporting agency may furnish a consumer report relating to any consumer pursuant to subparagraph ( A ) or ( C ) of subsection ( a ) ( 3 ) of this section in connection with any credit or insurance transaction that is not initiated by the consumer only if- ( A ) the consumer authorizes the agency to provide such report to such person ; or ( B ) ( i ) the transaction consists of a firm offer of credit or insurance ; ( ii ) the consumer reporting agency has complied with subsection ( e ) of this section ; ( iii ) there is not in effect an election by the consumer, made in accordance with subsection ( e ) of this section, to have the consumer 's name and address excluded from lists of names provided by the agency pursuant to this paragraph ; and ( iv ) the consumer report does not contain a date of birth that shows that the consumer has not attained the age of 21, or, if the date of birth on the consumer report shows that the consumer has not attained the age of 21, such consumer consents to the consumer reporting agency to such furnishing.
( 2 ) Limits on information received under paragraph ( 1 ) ( B ) A person may receive pursuant to paragraph ( 1 ) ( B ) only- ( A ) the name and address of a consumer ; ( B ) an identifier that is not unique to the consumer and that is used by the person solely for the purpose of verifying the identity of the consumer ; and ( C ) other information pertaining to a consumer that does not identify the relationship or experience of the consumer with respect to a particular creditor or other entity.
( 3 ) Information regarding inquiries Except as provided in section 1681g ( a ) ( 5 ) of this title, a consumer reporting agency shall not furnish to any person a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer.
( d ) Reserved ( e ) Election of consumer to be excluded from lists ( 1 ) In general A consumer may elect to have the consumer 's name and address excluded from any list provided by a consumer reporting agency under subsection ( c ) ( 1 ) ( B ) of this section in connection with a credit or insurance transaction that is not initiated by the consumer, by notifying the agency in accordance with paragraph ( 2 ) that the consumer does not consent to any use of a consumer report relating to the consumer in connection with any credit or insurance transaction that is not initiated by the consumer.
( 2 ) Manner of notification A consumer shall notify a consumer reporting agency under paragraph ( 1 ) - ( A ) through the notification system maintained by the agency under paragraph ( 5 ) ; or ( B ) by submitting to the agency a signed notice of election form issued by the agency for purposes of this subparagraph.
( 3 ) Response of agency after notification through system Upon receipt of notification of the election of a consumer under paragraph ( 1 ) through the notification system maintained by the agency under paragraph ( 5 ), a consumer reporting agency shall- ( A ) inform the consumer that the election is effective only for the 5-year period following the election if the consumer does not submit to the agency a signed notice of election form issued by the agency for purposes of paragraph ( 2 ) ( B ) ; and ( B ) provide to the consumer a notice of election form, if requested by the consumer, not later than 5 business days after receipt of the notification of the election through the system established under paragraph ( 5 ), in the case of a request made at the time the consumer provides notification through the system.
( 4 ) Effectiveness of election An election of a consumer under paragraph ( 1 ) - ( A ) shall be effective with respect to a consumer reporting agency beginning 5 business days after the date on which the consumer notifies the agency in accordance with paragraph ( 2 ) ; ( B ) shall be effective with respect to a consumer reporting agency- ( i ) subject to subparagraph ( C ), during the 5-year period beginning 5 business days after the date on which the consumer notifies the agency of the election, in the case of an election for which a consumer notifies the agency only in accordance with paragraph ( 2 ) ( A ) ; or ( ii ) until the consumer notifies the agency under subparagraph ( C ), in the case of an election for which a consumer notifies the agency in accordance with paragraph ( 2 ) ( B ) ; ( C ) shall not be effective after the date on which the consumer notifies the agency, through the notification system established by the agency under paragraph ( 5 ), that the election is no longer effective ; and ( D ) shall be effective with respect to each affiliate of the agency.
( 5 ) Notification system ( A ) In general Each consumer reporting agency that, under subsection ( c ) ( 1 ) ( B ) of this section, furnishes a consumer report in connection with a credit or insurance transaction that is not initiated by a consumer, shall- ( i ) establish and maintain a notification system, including a toll-free telephone number, which permits any consumer whose consumer report is maintained by the agency to notify the agency, with appropriate identification, of the consumer 's election to have the consumer 's name and address excluded from any such list of names and addresses provided by the agency for such a transaction ; and ( ii ) publish by not later than 365 days after September 30, 1996, and not less than annually thereafter, in a publication of general circulation in the area served by the agency- ( I ) a notification that information in consumer files maintained by the agency may be used in connection with such transactions ; and ( II ) the address and toll-free telephone number for consumers to use to notify the agency of the consumer 's election under clause ( i ).
( B ) Establishment and maintenance as compliance Establishment and maintenance of a notification system ( including a toll-free telephone number ) and publication by a consumer reporting agency on the agency 's own behalf and on behalf of any of its affiliates in accordance with this paragraph is deemed to be compliance with this paragraph by each of those affiliates.
( 6 ) Notification system by agencies that operate nationwide Each consumer reporting agency that compiles and maintains files on consumers on a nationwide basis shall establish and maintain a notification system for purposes of paragraph ( 5 ) jointly with other such consumer reporting agencies.
( f ) Certain use or obtaining of information prohibited A person shall not use or obtain a consumer report for any purpose unless- ( 1 ) the consumer report is obtained for a purpose for which the consumer report is authorized to be furnished under this section; and ( 2 ) the purpose is certified in accordance with section 1681e of this title by a prospective user of the report through a general or specific certification.
( g ) Protection of medical information ( 1 ) Limitation on consumer reporting agencies A consumer reporting agency shall not furnish for employment purposes, or in connection with a credit or insurance transaction, a consumer report that contains medical information ( other than medical contact information treated in the manner required under section 1681c ( a ) ( 6 ) of this title ) about a consumer, unless- ( A ) if furnished in connection with an insurance transaction, the consumer affirmatively consents to the furnishing of the report ; ( B ) if furnished for employment purposes or in connection with a credit transaction- ( i ) the information to be furnished is relevant to process or effect the employment or credit transaction ; and ( ii ) the consumer provides specific written consent for the furnishing of the report that describes in clear and conspicuous language the use for which the information will be furnished ; or ( C ) the information to be furnished pertains solely to transactions, accounts, or balances relating to debts arising from the receipt of medical services, products, or devises, where such information, other than account status or amounts, is restricted or reported using codes that do not identify, or do not provide information sufficient to infer, the specific provider or the nature of such services, products, or devices, as provided in section 1681c ( a ) ( 6 ) of this title.
( 2 ) Limitation on creditors Except as permitted pursuant to paragraph ( 3 ) ( C ) or regulations prescribed under paragraph ( 5 ) ( A ), a creditor shall not obtain or use medical information ( other than medical information treated in the manner required under section 1681c ( a ) ( 6 ) of this title ) pertaining to a consumer in connection with any determination of the consumer 's eligibility, or continued eligibility, for credit.
( 3 ) Actions authorized by Federal law, insurance activities and regulatory determinations Section 1681a ( d ) ( 3 ) of this title shall not be construed so as to treat information or any communication of information as a consumer report if the information or communication is disclosed- ( A ) in connection with the business of insurance or annuities, including the activities described in section 18B of the model Privacy of Consumer Financial and Health Information Regulation issued by the National Association of Insurance Commissioners ( as in effect on January 1, 2003 ) ; ( B ) for any purpose permitted without authorization under the Standards for Individually Identifiable Health Information promulgated by the Department of Health and Human Services pursuant to the Health Insurance Portability and Accountability Act of 1996, or referred to under section 1179 of such Act,1 or described in section 6802 ( e ) of this title ; or ( C ) as otherwise determined to be necessary and appropriate, by regulation or order, by the Bureau or the applicable State insurance authority ( with respect to any person engaged in providing insurance or annuities ).
( 4 ) Limitation on redisclosure of medical information Any person that receives medical information pursuant to paragraph ( 1 ) or ( 3 ) shall not disclose such information to any other person, except as necessary to carry out the purpose for which the information was initially disclosed, or as otherwise permitted by statute, regulation, or order.
( 5 ) Regulations and effective date for paragraph ( 2 ) ( A ) 2 Regulations required The Bureau may, after notice and opportunity for comment, prescribe regulations that permit transactions under paragraph ( 2 ) that are determined to be necessary and appropriate to protect legitimate operational, transactional, risk, consumer, and other needs ( and which shall include permitting actions necessary for administrative verification purposes ), consistent with the intent of paragraph ( 2 ) to restrict the use of medical information for inappropriate purposes.
( 6 ) Coordination with other laws No provision of this subsection shall be construed as altering, affecting, or superseding the applicability of any other provision of Federal law relating to medical confidentiality.
( Pub. L. 90321, title VI, 604, as added Pub. L. 91508, title VI, 601, Oct. 26, 1970, 84 Stat. 1129 ; amended Pub. L. 10173, title IX, 964 ( c ), Aug. 9, 1989, 103 Stat. 506 ; Pub. L. 104193, title III, 352, Aug. 22, 1996, 110 Stat. 2240 ; Pub. L. 104208, div. A, title II, 2403, 2404 ( a ), ( b ), 2405, Sept. 30, 1996, 110 Stat. 3009430, 3009-431, 3009-433, 3009-434 ; Pub. L. 105107, title III, 311 ( a ), Nov. 20, 1997, 111 Stat. 2255 ; Pub. L. 105347, 2, 3, 6 ( 4 ), Nov. 2, 1998, 112 Stat. 3208, 3210, 3211 ; Pub. L. 107306, title VIII, 811 ( b ) ( 8 ) ( A ), Nov. 27, 2002, 116 Stat. 2426 ; Pub. L. 108159, title II, 213 ( c ), title IV, 411 ( a ), 412 ( f ), title VIII, 811 ( b ), Dec. 4, 2003, 117 Stat. 1979, 1999, 2003, 2011 ; Pub. L. 108177, title III, 361 ( j ), Dec. 13, 2003, 117 Stat. 2625 ; Pub. L. 109351, title VII, 719, Oct. 13, 2006, 120 Stat. 1998 ; Pub. L. 110161, div. D, title VII, 743, Dec. 26, 2007, 121 Stat. 2033 ; Pub. L. 11124, title III, 302, May 22, 2009, 123 Stat. 1748 ; Pub. L. 111203, title X, 1088 ( a ) ( 2 ) ( A ), ( 4 ), July 21, 2010, 124 Stat. 2087. ) References in Text The Federal Deposit Insurance Act, referred to in subsec. ( a ) ( 6 ), is act Sept. 21, 1950, ch. 967, 2, 64 Stat. 873, which is classified generally to chapter 16 ( 1811 et seq. ) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see Short Title note set out under section 1811 of Title 12 and Tables.
The Federal Credit Union Act, referred to in subsec. ( a ) ( 6 ), is act June 26, 1934, ch. 750, 48 Stat. 1216, which is classified principally to chapter 14 ( 1751 et seq. ) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see section 1751 of Title 12 and Tables.
Section 1681g ( c ) of this title, referred to in subsec. ( b ) ( 1 ) ( B ), ( 3 ) ( A ) ( ii ), ( B ) ( ii ), was amended generally by Pub. L. 108159, title II, 211 ( c ), Dec. 4, 2003, 117 Stat. 1970, and, as so amended, no longer contains a par. ( 3 ).
Section 1681m ( a ) ( 3 ) of this title, referred to in subsec. ( b ) ( 2 ) ( B ) ( i ), was redesignated section 1681m ( a ) ( 4 ) of this title by Pub. L. 111203, title X, 1100F ( 1 ) ( A ), July 21, 2010, 124 Stat. 2112.
Executive Order No. 12958, referred to in subsec. ( b ) ( 4 ) ( D ) ( i ), which was formerly set out under section 435 of Title 50, War and National Defense, was revoked by Ex. Ord. No. 13526, 6.2 ( g ), Dec. 29, 2009, 75 F.R. 731.
The Health Insurance Portability and Accountability Act of 1996, referred to in subsec. ( g ) ( 3 ) ( B ), is Pub. L. 104191, Aug. 21, 1996, 110 Stat. 1936. For complete classification of this Act to the Code, see Short Title of 1996 Amendments note set out under section 201 of Title 42, The Public Health and Welfare, and Tables.
Section 1179 of such Act, referred to in subsec. ( g ) ( 3 ) ( B ), probably means section 1179 of the Social Security Act, as added by section 262 ( a ) of Pub. L. 104191, title II, Aug. 21, 1996, 110 Stat. 2030, which is classified to section 1320d8 of Title 42, The Public Health and Welfare.
Amendments 2010-Subsec. ( b ) ( 1 ) ( B ), ( 3 ) ( A ) ( ii ), ( B ) ( ii ). Pub. L. 111203, 1088 ( a ) ( 2 ) ( A ), substituted " Bureau '' for " Federal Trade Commission ''.
Subsec. ( g ) ( 3 ) ( C ). Pub. L. 111203, 1088 ( a ) ( 4 ) ( A ), added subpar. ( C ) and struck out former subpar. ( C ) which read as follows : " as otherwise determined to be necessary and appropriate, by regulation or order and subject to paragraph ( 6 ), by the Commission, any Federal banking agency or the National Credit Union Administration ( with respect to any financial institution subject to the jurisdiction of such agency or Administration under paragraph ( 1 ), ( 2 ), or ( 3 ) of section 1681s ( b ) of this title, or the applicable State insurance authority ( with respect to any person engaged in providing insurance or annuities ). '' Subsec. ( g ) ( 5 ). Pub. L. 111203, 1088 ( a ) ( 4 ) ( B ), added par. ( 5 ) and struck out former par. ( 5 ) which related to prescription of par. ( 2 ) regulations by each Federal banking agency and the National Credit Union Administration and required issuance of final regulations before the end of the 6-month period beginning on Dec. 4, 2003.
2009-Subsec. ( c ) ( 1 ) ( B ) ( iv ). Pub. L. 11124 added cl. ( iv ).
2007-Subsec. ( a ) ( 3 ) ( G ). Pub. L. 110161 added subpar. ( G ).
2006-Subsec. ( a ) ( 6 ). Pub. L. 109351 added par. ( 6 ).
2003-Subsec. ( a ). Pub. L. 108159, 811 ( b ), realigned margins.
Subsec. ( b ) ( 4 ) ( D ) to ( F ). Pub. L. 108177 struck out subpars. ( D ) and ( E ) and redesignated subpar. ( F ) as ( D ). Prior to amendment, subpars. ( D ) and ( E ) read as follows : " ( D ) Report to the congress.-Except as provided in subparagraph ( E ), not later than January 31 of each year, the head of each agency and department of the United States Government that exercised authority under this paragraph during the preceding year shall submit a report to the Congress on the number of times the department or agency exercised such authority during the year.
" ( E ) Reports to congressional intelligence committees.-In the case of a report to be submitted under subparagraph ( D ) to the congressional intelligence committees ( as defined in section 401a of title 50 ), the submittal date for such report shall be as provided in section 415b of title 50. '' Subsec. ( e ) ( 3 ) ( A ), ( 4 ) ( B ) ( i ). Pub. L. 108159, 213 ( c ), substituted " 5-year period '' for " 2-year period ''.
Subsec. ( g ). Pub. L. 108159, 411 ( a ), amended heading and text of subsec. ( g ) generally. Prior to amendment, text read as follows : " A consumer reporting agency shall not furnish for employment purposes, or in connection with a credit or insurance transaction, a consumer report that contains medical information about a consumer, unless the consumer consents to the furnishing of the report. '' Subsec. ( g ) ( 1 ). Pub. L. 108159, 412 ( f ) ( 1 ), inserted " ( other than medical contact information treated in the manner required under section 1681c ( a ) ( 6 ) of this title ) '' after " a consumer report that contains medical information '' in introductory provisions.
Subsec. ( g ) ( 2 ). Pub. L. 108159, 412 ( f ) ( 2 ), inserted " ( other than medical information treated in the manner required under section 1681c ( a ) ( 6 ) of this title ) '' after " a creditor shall not obtain or use medical information ''.
2002-Subsec. ( b ) ( 4 ) ( D ). Pub. L. 107306, 811 ( b ) ( 8 ) ( A ) ( i ), substituted " Except as provided in subparagraph ( E ), not later than '' for " Not later than ''.
Subsec. ( b ) ( 4 ) ( E ), ( F ). Pub
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- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
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- Improper use of your report
- Reporting company used your report improperly
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On my credit I have this account XXXX XXXX XXXX # XXXX the payment history is wrong! XXXX then XXXX, CO? No payment history for Transunion! This all is a violation per 15 U.S. Code 1666b ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement, including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date.
The whole account on the credit report for Transunion and XXXX that is a violation per 15 U.S. Code 1666a a ) Reports by creditor on obligors failure to pay amount regarded as a billing error After receiving a notice from an obligor as provided in section 1666 ( a ) of this title, a creditor or his agent may not directly or indirectly threaten to report to any person adversely on the obligors credit rating or credit standing because of the obligors failure to pay the amount indicated by the obligor under section 1666 ( a ) ( 2 ) of this title, and such amount may not be reported as delinquent to any third party until the creditor has met the requirements of section 1666 of this title and has allowed the obligor the same number of days ( not less than ten ) thereafter to make payment as is provided under the credit agreement with the obligor for the payment of undisputed amounts.
( b ) Reports by creditor on delinquent amounts in dispute ; notification of obligor of parties notified of delinquency If a creditor receives a further written notice from an obligor that an amount is still in dispute within the time allowed for payment under subsection ( a ) of this section, a creditor may not report to any third party that the amount of the obligor is delinquent because the obligor has failed to pay an amount which he has indicated under section 1666 ( a ) ( 2 ) of this title, unless the creditor also reports that the amount is in dispute and, at the same time, notifies the obligor of the name and address of each party to whom the creditor is reporting information concerning the delinquency.
( c ) Reports by creditor of subsequent resolution of delinquent amounts A creditor shall report any subsequent resolution of any delinquencies reported pursuant to subsection ( b ) to the parties to whom such delinquencies were initially reported.
I never gave written, unwritten verbal and nonverbal consent to any of the 3 companies to publish my credit report per 15 USC 6802 ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title 15 U.S.C. 1681-1681u ( a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system.
( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers.
( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers.
( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy.
( b ) Reasonable procedures It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter.
( a ) Definitions and rules of construction set forth in this section are applicable for the purposes of this subchapter.
( b ) The term person means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity.
( c ) The term consumer means an individual.
( d ) Consumer Report.
( 1 ) In general.The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 1681b of this title.
( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( ii ) communication of that information among persons related by common ownership or affiliated by corporate control ; or ( iii ) communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons ; ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; ( C ) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made, and such person makes the disclosures to the consumer required under section 1681m of this title ; or ( D ) a communication described in subsection ( o ) or ( x ). [ 1 ] ( 3 ) Restriction on sharing of medical information.Except for information or any communication of information disclosed as provided in section 1681b ( g ) ( 3 ) of this title, the exclusions in paragraph ( 2 ) shall not apply with respect to information disclosed to any person related by common ownership or affiliated by corporate control, if the information is ( A ) medical information ; ( B ) an individualized list or description based on the payment transactions of the consumer for medical products or services ; or ( C ) an aggregate list of identified consumers based on payment transactions for medical products or services.
( e ) The term investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumers credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer.
( f ) The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.
( g ) The term file, when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored.
( h ) The term employment purposes when used in connection with a consumer report means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee.
( i ) Medical Information.The term medical information ( 1 ) means information or data, whether oral or recorded, in any form or medium, created by or derived from a health care provider or the consumer, that relates to ( A ) the past, present, or future physical, mental, or behavioral health or condition of an individual ; ( B ) the provision of health care to an individual ; or ( C ) the payment for the provision of health care to an individual. [ 2 ] ( 2 ) does not include the age or gender of a consumer, demographic information about the consumer, including a consumers residence address or e-mail address, or any other information about a consumer that does not relate to the physical, mental, or behavioral health or condition of a consumer, including the existence or value of any insurance policy.
( j ) Definitions Relating to Child Support Obligations.
( 1 ) Overdue support.
The term overdue support has the meaning given to such term in section 666 ( e ) of title 42.
( 2 ) State or local child support enforcement agency.
The term State or local child support enforcement agency means a State or local agency which administers a State or local program for establishing and enforcing child support obligations.
( k ) Adverse Action.
( 1 ) Actions included.The term adverse action ( A ) has the same meaning as in section 1691 ( d ) ( 6 ) of this title ; and ( B ) means ( i ) a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of, any insurance, existing or applied for, in connection with the underwriting of insurance ; ( ii ) a denial of employment or any other decision for employment purposes that adversely affects any current or prospective employee ; ( iii ) a denial or cancellation of, an increase in any charge for, or any other adverse or unfavorable change in the terms of, any license or benefit described in section 1681b ( a ) ( 3 ) ( D ) of this title ; and ( iv ) an action taken or determination that is ( I ) made in connection with an application that was made by, or a transaction that was initiated by, any consumer, or in connection with a review of an account under section 1681b ( a ) ( 3 ) ( F ) ( ii ) of this title ; and ( II ) adverse to the interests of the consumer.
( 2 ) Applicable findings, decisions, commentary, and orders.
For purposes of any determination of whether an action is an adverse action under paragraph ( 1 ) ( A ), all appropriate final findings, decisions, commentary, and orders issued under section 1691 ( d ) ( 6 ) of this title by the Bureau or any court shall apply.
( l ) Firm Offer of Credit or Insurance.The term firm offer of credit or insurance means any offer of credit or insurance to a consumer that will be honored if the consumer is determined, based on information in a consumer report on the consumer, to meet the specific criteria used to select the consumer for the offer, except that the offer may be further conditioned on one or more of the following : ( 1 ) The consumer being determined, based on information in the consumers application for the credit or insurance, to meet specific criteria bearing on credit worthiness or insurability, as applicable, that are established ( A ) before selection of the consumer for the offer; and ( B ) for the purpose of determining whether to extend credit or insurance pursuant to the offer.
( 2 ) Verification ( A ) that the consumer continues to meet the specific criteria used to select the consumer for the offer, by using information in a consumer report on the consumer, information in the consumers application for the credit or insurance, or other information bearing on the credit worthiness or insurability of the consumer; or ( B ) of the information in the consumers application for the credit or insurance, to determine that the consumer meets the specific criteria bearing on credit worthiness or insurability.
( 3 ) The consumer furnishing any collateral that is a requirement for the extension of the credit or insurance that was ( A ) established before selection of the consumer for the offer of credit or insurance; and ( B ) disclosed to the consumer in the offer of credit or insurance.
( m ) Credit or Insurance Transaction That Is Not Initiated by the Consumer.The term credit or insurance transaction that is not initiated by the consumer does not include the use of a consumer report by a person with which the consumer has an account or insurance policy, for purposes of ( 1 ) reviewing the account or insurance policy ; or ( 2 ) collecting the account.
( n ) State.
The term State means any State, the Commonwealth of Puerto Rico, the District of Columbia, and any territory or possession of the United States.
( o ) Excluded Communications.A communication is described in this subsection if it is a communication ( 1 ) that, but for subsection ( d ) ( 2 ) ( D ), would be an investigative consumer report ; ( 2 ) that is made to a prospective employer for the purpose of ( A ) procuring an employee for the employer ; or ( B ) procuring an opportunity for a natural person to work for the employer ; ( 3 ) that is made by a person who regularly performs such procurement ; ( 4 ) that is not used by any person for any purpose other than a purpose described in subparagraph ( A ) or ( B ) of paragraph ( 2 ) ; and ( 5 ) with respect to which ( A ) the consumer who is the subject of the communication ( i ) consents orally or in writing to the nature and scope of the communication, before the collection of any information for the purpose of making the communication ; ( ii ) consents orally or in writing to the making of the communication to a prospective employer, before the making of the communication ; and ( iii ) in the case of consent under clause ( i ) or ( ii ) given orally, is provided written confirmation of that consent by the person making the communication, not later than 3 business days after the receipt of the consent by that person ; ( B ) the person who makes the communication does not, for the purpose of making the communication, make any inquiry that if made by a prospective employer of the consumer who is the subject of the communication would violate any applicable Federal or State equal employment opportunity law or regulation ; and ( C ) the person who makes the communication ( i ) discloses in writing to the consumer who is the subject of the communication, not later than 5 business days after receiving any request from the consumer for such disclosure, the nature and substance of all information in the consumers file at the time of the request, except that the sources of any information that is acquired solely for use in making the communication and is actually used for no other purpose, need not be disclosed other than under appropriate discovery procedures in any court of competent jurisdiction in which an action is brought ; and ( ii ) notifies the consumer who is the subject of the communication, in writing, of the consumers right to request the information described in clause ( i ).
( p ) Consumer Reporting Agency That Compiles and Maintains Files on Consumers on a Nationwide Basis.The term consumer reporting agency that compiles and maintains files on consumers on a nationwide basis means a consumer reporting agency that regularly engages in the practice of assembling or evaluating, and maintaining, for the purpose of furnishing consumer reports to third parties bearing on a consumers credit worthiness, credit standing, or credit capacity, each of the following regarding consumers residing nationwide : ( 1 ) Public record information.
( 2 ) Credit account information from persons who furnish that information regularly and in the ordinary course of business.
( q ) Definitions Relating to Fraud Alerts.
( 1 ) Active duty military consumer.The term active duty military consumer means a consumer in military service who ( A ) is on active duty ( as defined in section 101 ( d ) ( 1 ) of title 10 ) or is a reservist performing duty under a call or order to active duty under a provision of law referred to in section 101 ( a ) ( 13 ) of title 10 ; and ( B ) is assigned to service away from the usual duty station of the consumer.
( 2 ) Fraud alert ; active duty alert.The terms fraud alert and active duty alert mean a statement in the file of a consumer that ( A ) notifies all prospective users of a consumer report relating to the consumer that the consumer may be a victim of fraud, including identity theft, or is an active duty military consumer, as applicable ; and ( B ) is presented in a manner that facilitates a clear and conspicuous view of the statement described in subparagraph ( A ) by any person requesting such consumer report.
( 3 ) Identity theft.
The term identity theft means a fraud committed using the identifying information of another person, subject to such further definition as the Bureau may prescribe, by regulation.
( 4 ) Identity theft report.The term identity theft report has the meaning given that term by rule of the Bureau, and means, at a minimum, a report ( A ) that alleges an identity theft ; ( B ) that is a copy of an official, valid report filed by a consumer with an appropriate Federal, State, or local law enforcement agency, including the United States Postal Inspection Service, or such other government agency deemed appropriate by the Bureau ; and ( C ) the filing of which subjects the person filing the report to criminal penalties relating to the filing of false information if, in fact, the information in the report is false.
( 5 ) New credit plan.
The term new credit plan means a new account under an open end credit plan ( as defined in section 1602 ( i ) 1 of this title ) or a new credit transaction not under an open end credit plan.
( r ) Credit and Debit Related Terms ( 1 ) Card issuer.The term card issuer means ( A ) a credit card issuer, in the case of a credit card ; and ( B ) a debit card issuer, in the case of a debit card.
( 2 ) Credit card.
The term credit card has the same meaning as in section 1602 of this title.
( 3 ) Debit card.
The term debit card means any card issued by a financial institution to a consumer for use in initiating an electronic fund transfer from the account of the consumer at such financial institution, for the purpose of transferring money between accounts or obtaining money, property, labor, or services.
( 4 ) Account and electronic fund transfer.
The terms account and electronic fund transfer have the same meanings as in section 1693a of this title.
( 5 ) Credit and creditor.
The terms credit and creditor have the same meanings as in section 1691a of this title.
( s ) Federal Banking Agency.
The term Federal banking agency has the same meaning as in section 1813 of title 12.
( t ) Financial Institution.
The term financial institution means a State or National bank, a State or Federal savings and loan association, a mutual savings bank, a State or Federal credit union, or any other person that, directly or indirectly, holds a transaction account ( as defined in section 461 ( b ) of title 12 ) belonging to a consumer.
( u ) Reseller.The term reseller means a consumer reporting agency that ( 1 ) assembles and merges information contained in the database of another consumer reporting agency or multiple consumer reporting agencies concerning any consumer for purposes of furnishing such information to any third party, to the extent of such activities ; and ( 2 ) does not maintain a database of the assembled or merged information from which new consumer reports are produced.
( v ) Commission.
The term Commission means the Bureau. [ 3 ] ( w ) The term Bureau means the Bureau of Consumer Financial Protection.
( x ) Nationwide Specialty Consumer Reporting Agency.The term nationwide specialty consumer reporting agency means a consumer reporting agency that compiles and maintains files on consumers on a nationwide basis relating to ( 1 ) medical records or payments ; ( 2 ) residential or tenant history ; ( 3 ) check writing history ; ( 4 ) employment history; or ( 5 ) insurance claims.
( y ) Exclusion of Certain Communications for Employee Investigations.
( 1 ) Communications described in this subsection.A communication is described in this subsection if ( A ) but for subsection ( d ) ( 2 ) ( D ), the communication would be a consumer report ; ( B ) the communication is made to an employer in connection with an investigation of ( i ) suspected misconduct relating to employment ; or ( ii ) compliance with Federal, State, or local laws and regulations, the rules of a self-regulatory organization, or any preexisting written policies of the employer ; ( C ) the communication is not made for the purpose of investigating a consumers credit worthiness, credit standing, or credit capacity ; and ( D ) the communication is not provided to any person except ( i ) to the employer or an agent of the employer ; ( ii ) to any Federal or State officer , agency, or department, or any officer, agency, or department of a unit of general local government ; ( iii ) to any self-regulatory organization with regulatory authority over the activities of the employer or employee ; ( iv ) as otherwise required by law ; or ( v ) pursuant to section 1681f of this title.
( 2 ) Subsequent disclosure.
After taking any adverse action based in whole or in part on a communication described in paragraph ( 1 ), the employer shall disclose to the consumer a summary containing the nature and substance of the communication upon which the adverse action is based, except that the sources of information acquired solely for use in preparing what would be but for subsection ( d ) ( 2 ) ( D ) an investigative consumer report need not be disclosed.
( 3 ) Self-regulatory organization defined.
For purposes of this subsection, the term self-regulatory organization includes any self-regulatory organization ( as defined in section 78c ( a ) ( 26 ) of this title ), any entity established under title I of the Sarbanes-Oxley Act of 2002 [ 15 U.S.C. 7211 et seq. ], any board of trade designated by the Commodity Futures Trading Commission, and any futures association registered with such Commission.
( z ) Veteran.
The term veteran has the meaning given the term in section 101 of title 38.
( aa ) Veterans Medical Debt.The term veterans medical debt ( 1 ) means a medical collection debt of a veteran owed to a non-Department of Veterans Affairs health care provider that was submitted to the Department for payment for health care authorized by the Department of Veterans Affairs ; and ( 2 ) includes medical collection debt that the Department of Veterans Affairs has wrongfully charged a veteran.
( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18.
( 2 ) In accordance with the written instructions of the consumer to whom it relates.
( 3 ) To a person which it has reason to believe ( A ) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer ; or ( B ) intends to use the information for employment purposes ; or ( C ) intends to use the information in connection with the underwriting of insurance involving the consumer ; or ( D ) intends to use the information in connection with a determination of the consumers eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicants financial responsibility or status ; or ( E ) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation ; or ( F ) otherwise has a legitimate business need for the information ( i ) in connection with a business transaction that is initiated by the consumer ; or ( ii ) to review an account to determine whether the consumer continues to meet the terms of the account.
( G ) executive departments and agencies in connection with the issuance of government-sponsored individually-billed travel charge cards.
( 4 ) In response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ), if the person making the request certifies to the consumer reporting agency that ( A ) the consumer report is needed for the purpose of establishing an individuals capacity to make child support payments, determining the appropriate level of such payments, or enforcing a child support order, award, agreement, or judgment ; ( B ) the parentage of the consumer for the child to which the obligation relates has been established or acknowledged by the consumer in accordance with State laws under which the obligation arises ( if required by those laws ) ; and ( C ) the consumer report will be kept confidential, will be used solely for a purpose described in subparagraph ( A ), and will not be used in connection with any other civil, administrative, or criminal proceeding, or for any other purpose.
( 5 ) To an agency administering a State plan under section 654 of title 42 for use to set an initial or modified child support award.
( 6 ) To the Federal Deposit Insurance Corporation or the National Credit Union Administration as part of its preparation for its appointment or as part of its exercise of powers, as conservator, receiver, or liquidating agent for an insured depository institution or insured credit union under the Federal Deposit Insurance Act [ 12 U.S.C. 1811 et seq. ] or the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], or other applicable Federal or State law, or in connection with the resolution or liquidation of a failed or failing insured depository institution or insured credit union, as applicable.
( b ) Conditions for furnishing and using consumer reports for employment purposes ( 1 ) Certification from user A consumer reporting agency may furnish a consumer report for employment purposes only if ( A ) the person who obtains such report from the agency certifies to the agency that ( i ) the person has complied with paragraph ( 2 ) with respect to the consumer report, and the person will comply with paragraph ( 3 ) with respect to the consumer report if paragraph ( 3 ) becomes applicable ; and ( ii ) information from the consumer report will not be used in violation of any applicable Federal or State equal employment opportunity law or regulation ; and ( B ) the consumer reporting agency provides with the report, or has previously provided, a summary of the consumers rights under this subchapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) [ 1 ] of this title.
( 2 ) Disclosure to consumer ( A ) In general Except as provided in subparagraph ( B ), a person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless ( i ) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and ( ii ) the consumer has authorized in writing ( which authorization may be made on the document referred to in clause ( i ) ) the procurement of the report by that person.
( B ) Application by mail, telephone, computer, or other similar means If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, at any time before a consumer report is procured or caused to be procured in connection with that application ( i ) the person who procures the consumer report on the consumer for employment purposes shall provide to the consumer, by oral, written, or electronic means, notice that a consumer report may be obtained for employment purposes, and a summary of the consumers rights under section 1681m ( a ) ( 3 ) 1 of this title; and ( ii ) the consumer shall have consented, orally, in writing, or electronically to the procurement of the report by that person.
( C ) Scope Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means.
( 3 ) Conditions on use for adverse actions ( A ) In general Except as provided in subparagraph ( B ), in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates ( i ) a copy of the report; and ( ii ) a description in writing of the rights of the consumer under this subchapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title.
( B ) Application by mail, telephone, computer, or other similar means ( i ) If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, and if a person who has procured a consumer report on the consumer for employment purposes takes adverse action on the employment application based in whole or in part on the report, then the person must provide to the consumer to whom the report relates, in lieu of the notices required under subparagraph ( A ) of this section and under section 1681m ( a ) of this title, within 3 business days of taking such action, an oral, written or electronic notification ( I ) that adverse action has been taken based in whole or in part on a consumer report received from a consumer reporting agency ; ( II ) of the name, address and telephone number of the consumer reporting agency that furnished the consumer report ( including a toll-free telephone number established by the agency if the agency compiles and maintains files on consumers on a nationwide basis ) ; ( III ) that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide to the consumer the specific reasons why the adverse action was taken ; and ( IV ) that the consumer may, upon providing proper identification, request a free copy of a report and may dispute with the consumer reporting agency the accuracy or completeness of any information in a report.
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- Credit reporting, credit repair services, or other personal consumer reports
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On my credit report from Transunion is an inquiry from XXXX XXXX. I did not make this inquiry and Transunion has not removed it! I did complete an ID Theft affidavit and all they say is its being investigated.18 U.S. Code 1028 This is too long for an item to be investigated it is now XXXX and is still on my report!
According to 18 U.S. Code 1028 says - Fraud and related activity in connection with identification documents, authentication features, and information ( a ) Whoever, in a circumstance described in subsection ( c ) of this section ( 1 ) knowingly and without lawful authority produces an identification document, authentication feature, or a false identification document ; ( 2 ) knowingly transfers an identification document, authentication feature, or a false identification document knowing that such document or feature was stolen or produced without lawful authority ; ( 3 ) knowingly possesses with intent to use unlawfully or transfer unlawfully five or more identification documents ( other than those issued lawfully for the use of the possessor ), authentication features, or false identification documents ; ( 4 ) knowingly possesses an identification document ( other than one issued lawfully for the use of the possessor ), authentication feature, or a false identification document, with the intent such document or feature be used to defraud the United States ; ( 5 ) knowingly produces, transfers, or possesses a document-making implement or authentication feature with the intent such document-making implement or authentication feature will be used in the production of a false identification document or another document-making implement or authentication feature which will be so used ; ( 6 ) knowingly possesses an identification document or authentication feature that is or appears to be an identification document or authentication feature of the United States or a sponsoring entity of an event designated as a special event of national significance which is stolen or produced without lawful authority knowing that such document or feature was stolen or produced without such authority ; ( 7 ) knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, or in connection with, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law ; or ( 8 ) knowingly traffics in false or actual authentication features for use in false identification documents, document-making implements, or means of identification ; shall be punished as provided in subsection ( b ) of this section.
( b ) The punishment for an offense under subsection ( a ) of this section is ( 1 ) except as provided in paragraphs ( 3 ) and ( 4 ), a fine under this title or imprisonment for not more than 15 years, or both, if the offense is ( A ) the production or transfer of an identification document, authentication feature, or false identification document that is or appears to be ( i ) an identification document or authentication feature issued by or under the authority of the United States ; or ( ii ) a birth certificate, or a drivers license or personal identification card ; ( B ) the production or transfer of more than five identification documents, authentication features, or false identification documents ; ( C ) an offense under paragraph ( 5 ) of such subsection ; or ( D ) an offense under paragraph ( 7 ) of such subsection that involves the transfer, possession, or use of 1 or more means of identification if, as a result of the offense, any individual committing the offense obtains anything of value aggregating {$1000.00} or more during any 1-year period ; ( 2 ) except as provided in paragraphs ( 3 ) and ( 4 ), a fine under this title or imprisonment for not more than 5 years, or both, if the offense is ( A ) any other production, transfer, or use of a means of identification, an identification document,, [ 1 ] authentication feature, or a false identification document ; or ( B ) an offense under paragraph ( 3 ) or ( 7 ) of such subsection ; ( 3 ) a fine under this title or imprisonment for not more than 20 years, or both, if the offense is committed ( A ) to facilitate a drug trafficking crime ( as defined in section 929 ( a ) ( 2 ) ) ; ( B ) in connection with a crime of violence ( as defined in section 924 ( c ) ( 3 ) ) ; or ( C ) after a prior conviction under this section becomes final ; ( 4 ) a fine under this title or imprisonment for not more than 30 years, or both, if the offense is committed to facilitate an act of domestic terrorism ( as defined under section 2331 ( 5 ) of this title ) or an act of international terrorism ( as defined in section 2331 ( 1 ) of this title ) ; ( 5 ) in the case of any offense under subsection ( a ), forfeiture to the United States of any personal property used or intended to be used to commit the offense ; and ( 6 ) a fine under this title or imprisonment for not more than one year, or both, in any other case.
( c ) The circumstance referred to in subsection ( a ) of this section is that ( 1 ) the identification document, authentication feature, or false identification document is or appears to be issued by or under the authority of the United States or a sponsoring entity of an event designated as a special event of national significance or the document-making implement is designed or suited for making such an identification document, authentication feature, or false identification document ; ( 2 ) the offense is an offense under subsection ( a ) ( 4 ) of this section; or ( 3 ) either ( A ) the production, transfer, possession, or use prohibited by this section is in or affects interstate or foreign commerce, including the transfer of a document by electronic means; or ( B ) the means of identification, identification document, false identification document, or document-making implement is transported in the mail in the course of the production, transfer, possession, or use prohibited by this section.
( d ) In this section and section 1028A ( 1 ) the term authentication feature means any hologram, watermark, certification, symbol, code, image, sequence of numbers or letters, or other feature that either individually or in combination with another feature is used by the issuing authority on an identification document, document-making implement, or means of identification to determine if the document is counterfeit, altered, or otherwise falsified ; ( 2 ) the term document-making implement means any implement, impression, template, computer file, computer disc, electronic device, or computer hardware or software, that is specifically configured or primarily used for making an identification document, a false identification document, or another document-making implement ; ( 3 ) the term identification document means a document made or issued by or under the authority of the United States Government, a State , political subdivision of a State, a sponsoring entity of an event designated as a special event of national significance, a foreign government, political subdivision of a foreign government, an international governmental or an international quasi-governmental organization which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals ; ( 4 ) the term false identification document means a document of a type intended or commonly accepted for the purposes of identification of individuals that ( A ) is not issued by or under the authority of a governmental entity or was issued under the authority of a governmental entity but was subsequently altered for purposes of deceit ; and ( B ) appears to be issued by or under the authority of the United States Government, a State , a political subdivision of a State, a sponsoring entity of an event designated by the President as a special event of national significance, a foreign government, a political subdivision of a foreign government, or an international governmental or quasi-governmental organization ; ( 5 ) the term false authentication feature means an authentication feature that ( A ) is genuine in origin, but, without the authorization of the issuing authority, has been tampered with or altered for purposes of deceit ; ( B ) is genuine, but has been distributed, or is intended for distribution, without the authorization of the issuing authority and not in connection with a lawfully made identification document, document-making implement, or means of identification to which such authentication feature is intended to be affixed or embedded by the respective issuing authority ; or ( C ) appears to be genuine, but is not ; ( 6 ) the term issuing authority ( A ) means any governmental entity or agency that is authorized to issue identification documents, means of identification, or authentication features ; and ( B ) includes the United States Government, a State, a political subdivision of a State , a sponsoring entity of an event designated by the President as a special event of national significance, a foreign government, a political subdivision of a foreign government, or an international government or quasi-governmental organization ; ( 7 ) the term means of identification means any name or number that may be used, alone or in conjunction with any other information, to identify a specific individual, including any ( A ) name, social security number, date of birth, official State or government issued drivers license or identification number, alien registration number, government passport number, employer or taxpayer identification number ; ( B ) unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation ; ( C ) unique electronic identification number, address, or routing code ; or ( D ) telecommunication identifying information or access device ( as defined in section 1029 ( e ) ) ; ( 8 ) the term personal identification card means an identification document issued by a State or local government solely for the purpose of identification ; ( 9 ) the term produce includes alter, authenticate, or assemble ; ( 10 ) the term transfer includes selecting an identification document, false identification document, or document-making implement and placing or directing the placement of such identification document, false identification document, or document-making implement on an online location where it is available to others ; ( 11 ) the term State includes any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico , and any other commonwealth , possession, or territory of the United States ; and ( 12 ) the term traffic means ( A ) to transport, transfer, or otherwise dispose of, to another, as consideration for anything of value ; or ( B ) to make or obtain control of with intent to so transport, transfer, or otherwise dispose of.
( e ) This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States, or any activity authorized under chapter 224 of this title.
( f ) Attempt and Conspiracy.
Any person who attempts or conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.
( g ) Forfeiture Procedures.
The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be governed by the provisions of section 413 ( other than subsection ( d ) of that section ) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ( 21 U.S.C. 853 ).
( h ) Forfeiture ; Disposition.
In the circumstance in which any person is convicted of a violation of subsection ( a ), the court shall order, in addition to the penalty prescribed, the forfeiture and destruction or other disposition of all illicit authentication features, identification documents, document-making implements, or means of identification.
( i ) Rule of Construction.
For purpose of subsection ( a ) ( 7 ), a single identification document or false identification document that contains 1 or more means of identification shall be construed to be 1 means of identification.
I did not create this inquiry and when I contacted Transunion WITH THE ID THEFT AFFIDAVIT FORM not ONLY should it have been REMOVED! The credit bureau should have invoked 15 U.S. Code 6801 - Protection of nonpublic personal information ( a ) Privacy obligation policy It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information.
( b ) Financial institutions safeguards In furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer.and 15 U.S. Code 1681b - Permissible purposes of consumer reports ( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18.
( 2 ) In accordance with the written instructions of the consumer to whom it relates.
( 3 ) To a person which it has reason to believe ( A ) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer ; or ( B ) intends to use the information for employment purposes ; or ( C ) intends to use the information in connection with the underwriting of insurance involving the consumer ; or ( D ) intends to use the information in connection with a determination of the consumers eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicants financial responsibility or status ; or ( E ) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation ; or ( F ) otherwise has a legitimate business need for the information ( i ) in connection with a business transaction that is initiated by the consumer ; or ( ii ) to review an account to determine whether the consumer continues to meet the terms of the account.
( G ) executive departments and agencies in connection with the issuance of government-sponsored individually-billed travel charge cards.
( 4 ) In response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ), if the person making the request certifies to the consumer reporting agency that ( A ) the consumer report is needed for the purpose of establishing an individuals capacity to make child support payments, determining the appropriate level of such payments, or enforcing a child support order, award, agreement, or judgment ; ( B ) the parentage of the consumer for the child to which the obligation relates has been established or acknowledged by the consumer in accordance with State laws under which the obligation arises ( if required by those laws ) ; and ( C ) the consumer report will be kept confidential, will be used solely for a purpose described in subparagraph ( A ), and will not be used in connection with any other civil, administrative, or criminal proceeding, or for any other purpose.
( 5 ) To an agency administering a State plan under section 654 of title 42 for use to set an initial or modified child support award.
( 6 ) To the Federal Deposit Insurance Corporation or the National Credit Union Administration as part of its preparation for its appointment or as part of its exercise of powers, as conservator, receiver, or liquidating agent for an insured depository institution or insured credit union under the Federal Deposit Insurance Act [ 12 U.S.C. 1811 et seq. ] or the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], or other applicable Federal or State law, or in connection with the resolution or liquidation of a failed or failing insured depository institution or insured credit union, as applicable.
( b ) Conditions for furnishing and using consumer reports for employment purposes ( 1 ) Certification from user A consumer reporting agency may furnish a consumer report for employment purposes only if ( A ) the person who obtains such report from the agency certifies to the agency that ( i ) the person has complied with paragraph ( 2 ) with respect to the consumer report, and the person will comply with paragraph ( 3 ) with respect to the consumer report if paragraph ( 3 ) becomes applicable ; and ( ii ) information from the consumer report will not be used in violation of any applicable Federal or State equal employment opportunity law or regulation ; and ( B ) the consumer reporting agency provides with the report, or has previously provided, a summary of the consumers rights under this subchapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) [ 1 ] of this title.
( 2 ) Disclosure to consumer ( A ) In general Except as provided in subparagraph ( B ), a person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless ( i ) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and ( ii ) the consumer has authorized in writing ( which authorization may be made on the document referred to in clause ( i ) ) the procurement of the report by that person.
( B ) Application by mail, telephone, computer, or other similar means If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, at any time before a consumer report is procured or caused to be procured in connection with that application ( i ) the person who procures the consumer report on the consumer for employment purposes shall provide to the consumer, by oral, written, or electronic means, notice that a consumer report may be obtained for employment purposes, and a summary of the consumers rights under section 1681m ( a ) ( 3 ) 1 of this title; and ( ii ) the consumer shall have consented, orally, in writing, or electronically to the procurement of the report by that person.
( C ) Scope Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means.
( 3 ) Conditions on use for adverse actions ( A ) In general Except as provided in subparagraph ( B ), in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates ( i ) a copy of the report; and ( ii ) a description in writing of the rights of the consumer under this subchapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title.
( B ) Application by mail, telephone, computer, or other similar means ( i ) If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, and if a person who has procured a consumer report on the consumer for employment purposes takes adverse action on the employment application based in whole or in part on the report, then the person must provide to the consumer to whom the report relates, in lieu of the notices required under subparagraph ( A ) of this section and under section 1681m ( a ) of this title, within 3 business days of taking such action, an oral, written or electronic notification ( I ) that adverse action has been taken based in whole or in part on a consumer report received from a consumer reporting agency ; ( II ) of the name, address and telephone number of the consumer reporting agency that furnished the consumer report ( including a toll-free telephone number established by the agency if the agency compiles and maintains files on consumers on a nationwide basis ) ; ( III ) that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide to the consumer the specific reasons why the adverse action was taken ; and ( IV ) that the consumer may, upon providing proper identification, request a free copy of a report and may dispute with the consumer reporting agency the accuracy or completeness of any information in a report.
( ii ) If, under clause ( B ) ( i ) ( IV ), the consumer requests a copy of a consumer report from the person who procured the report, then, within 3 business days of receiving the consumers request, together with proper identification, the person must send or provide to the consumer a copy of a report and a copy of the consumers rights as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title.
( C ) Scope Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means.
( 4 ) Exception for national security investigations ( A ) In general In the case of an agency or department of the United States Government which seeks to obtain and use a consumer report for employment purposes, paragraph ( 3 ) shall not apply to any adverse action by such agency or department which is based in part on such consumer report, if the head of such agency or department makes a written finding that ( i ) the consumer report is relevant to a national security investigation of such agency or department ; ( ii ) the investigation is within the jurisdiction of such agency or department ; ( iii ) there is reason to believe that compliance with paragraph ( 3 ) will ( I ) endanger the life or physical safety of any person ; ( II ) result in flight from prosecution ; ( III ) result in the destruction of, or tampering with, evidence relevant to the investigation ; ( IV ) result in the intimidation of a potential witness relevant to the investigation ; ( V ) result in the compromise of classified information ; or ( VI ) otherwise seriously jeopardize or unduly delay the investigation or another official proceeding.
( B ) Notification of consumer upon conclusion of investigation Upon the conclusion of a national security investigation described in subparagraph ( A ), or upon the determination that the exception under subparagraph ( A ) is no longer required for the reasons set forth in such subparagraph, the official exercising the authority in such subparagraph shall provide to the consumer who is the subject of the consumer report with regard to which such finding was made ( i ) a copy of such consumer report with any classified information redacted as necessary ; ( ii ) notice of any adverse action which is based, in part, on the consumer report ; and ( iii ) the identification with reasonable specificity of the nature of the investigation for which the consumer report was sought.
( C ) Delegation by head of agency or department For purposes of subparagraphs ( A ) and ( B ), the head of any agency or department of the United States Government may delegate his or her authorities under this paragraph to an official of such agency or department who has personnel security responsibilities and is a member of the Senior Executive Service or equivalent civilian or military rank.
( D ) Definitions For purposes of this paragraph, the following definitions shall apply : ( i ) Classified information The term classified information means information that is protected from unauthorized disclosure under Executive Order No. 12958 or successor orders.
( ii ) National security investigation The term national security investigation means any official inquiry by an agency or department of the United States Government to determine the eligibility of a consumer to receive access or continued access to classified information or to determine whether classified information has been lost or compromised.
( c ) Furnishing reports in connection with credit or insurance transactions that are not initiated by consumer ( 1 ) In general A consumer reporting agency may furnish a consumer report relating to any consumer pursuant to subparagraph ( A ) or ( C ) of subsection ( a ) ( 3 ) in connection with any credit or insurance transaction that is not initiated by the consumer only if ( A ) the consumer authorizes the agency to provide such report to such person ; or ( B ) ( i ) the transaction consists of a firm offer of credit or insurance ; ( ii ) the consumer reporting agency has complied with subsection ( e ) ; ( iii ) there is not in effect an election by the consumer, made in accordance with subsection ( e ), to have the consumers name and address excluded from lists of names provided by the agency pursuant to this paragraph ; and ( iv ) the consumer report does not contain a date of birth that shows that the consumer has not attained the age of 21, or, if the date of birth on the consumer report shows that the consumer has not attained the age of 21, such consumer consents to the consumer reporting agency to such furnishing.
( 2 ) Limits on information received under paragraph ( 1 ) ( B ) A person may receive pursuant to paragraph ( 1 ) ( B ) only ( A ) the name and address of a consumer ; ( B ) an identifier that is not unique to the consumer and that is used by the person solely for the purpose of verifying the identity of the consumer ; and ( C ) other information pertaining to a consumer that does not identify the relationship or experience of the consumer with respect to a particular creditor or other entity.
( 3 ) Information regarding inquiries Except as provided in section 1681g ( a ) ( 5 ) of this title, a consumer reporting agency shall not furnish to any person a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer.
( d ) Reserved ( e ) Election of consumer to be excluded from lists ( 1 ) In general A consumer may elect to have the consumers name and address excluded from any list provided by a consumer reporting agency under subsection ( c ) ( 1 ) ( B ) in connection with a credit or insurance transaction that is not initiated by the consumer, by notifying the agency in accordance with paragraph ( 2 ) that the consumer does not consent to any use of a consumer report relating to the consumer in connection with any credit or insurance transaction that is not initiated by the consumer.
( 2 ) Manner of notification A consumer shall notify a consumer reporting agency under paragraph ( 1 ) ( A ) through the notification system maintained by the agency under paragraph ( 5 ) ; or ( B ) by submitting to the agency a signed notice of election form issued by the agency for purposes of this subparagraph.
( 3 ) Response of agency after notification through system Upon receipt of notification of the election of a consumer under paragraph ( 1 ) through the notification system maintained by the agency under paragraph ( 5 ), a consumer reporting agency shall ( A ) inform the consumer that the election is effective only for the 5-year period following the election if the consumer does not submit to the agency a signed notice of election form issued by the agency for purposes of paragraph ( 2 ) ( B ) ; and ( B ) provide to the consumer a notice of election form, if requested by the consumer, not later than 5 business days after receipt of the notification of the election through the system established under paragraph ( 5 ), in the case of a request made at the time the consumer provides notification through the system.
( 4 ) Effectiveness of election An election of a consumer under paragraph ( 1 ) ( A ) shall be effective with respect to a consumer reporting agency beginning 5 business days after the date on which the consumer notifies the agency in accordance with paragraph ( 2 ) ; ( B ) shall be effective with respect to a consumer reporting agency ( i ) subject to subparagraph ( C ), during the 5-year period beginning 5 business days after the date on which the consumer notifies the agency of the election, in the case of an election for which a consumer notifies the agency only in accordance with paragraph ( 2 ) ( A ) ; or ( ii ) until the consumer notifies the agency under subparagraph ( C ), in the case of an election for which a consumer notifies the agency in accordance with paragraph ( 2 ) ( B ) ; ( C ) shall not be effective after the date on which the consumer notifies the agency, through the notification system established by the agency under paragraph ( 5 ), that the election is no longer effective ; and ( D ) shall be effective with respect to each affiliate of the agency.
( 5 ) Notification system ( A ) In general Each consumer reporting agency that, under subsection ( c ) ( 1 ) ( B ), furnishes a consumer report in connection with a credit or insurance transaction that is not initiated by a consumer, shall ( i ) establish and maintain a notification system, including a toll-free telephone number, which permits any consumer whose consumer report is maintained by the agency to notify the agency, with appropriate identification, of the consumers election to have the consumers name and address excluded from any such list of names and addresses provided by the agency for such a transaction ; and ( ii ) publish by not later than 365 days after XX/XX/XXXX, and not less than annually thereafter, in a publication of general circulation in the area served by the agency ( I ) a notification that information in consumer files maintained by the agency may be used in connection with such transactions ; and ( II ) the address and toll-free telephone number for consumers to use to notify the agency of the consumers election under clause ( i ).
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On my credit report from XXXX is an inquiry from Capital One. I did not make this inquiry and XXXX has not removed it! I did complete an ID Theft affidavit and all they say is its being investigated.18 U.S. Code 1028 This is too long for an item to be investigated it is now XXXX and is still on my report!
According to 18 U.S. Code 1028 says - Fraud and related activity in connection with identification documents, authentication features, and information ( a ) Whoever, in a circumstance described in subsection ( c ) of this section ( 1 ) knowingly and without lawful authority produces an identification document, authentication feature, or a false identification document ; ( 2 ) knowingly transfers an identification document, authentication feature, or a false identification document knowing that such document or feature was stolen or produced without lawful authority ; ( 3 ) knowingly possesses with intent to use unlawfully or transfer unlawfully five or more identification documents ( other than those issued lawfully for the use of the possessor ), authentication features, or false identification documents ; ( 4 ) knowingly possesses an identification document ( other than one issued lawfully for the use of the possessor ), authentication feature, or a false identification document, with the intent such document or feature be used to defraud the United States ; ( 5 ) knowingly produces, transfers, or possesses a document-making implement or authentication feature with the intent such document-making implement or authentication feature will be used in the production of a false identification document or another document-making implement or authentication feature which will be so used ; ( 6 ) knowingly possesses an identification document or authentication feature that is or appears to be an identification document or authentication feature of the United States or a sponsoring entity of an event designated as a special event of national significance which is stolen or produced without lawful authority knowing that such document or feature was stolen or produced without such authority ; ( 7 ) knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, or in connection with, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law ; or ( 8 ) knowingly traffics in false or actual authentication features for use in false identification documents, document-making implements, or means of identification ; shall be punished as provided in subsection ( b ) of this section.
( b ) The punishment for an offense under subsection ( a ) of this section is ( 1 ) except as provided in paragraphs ( 3 ) and ( 4 ), a fine under this title or imprisonment for not more than 15 years, or both, if the offense is ( A ) the production or transfer of an identification document, authentication feature, or false identification document that is or appears to be ( i ) an identification document or authentication feature issued by or under the authority of the United States ; or ( ii ) a birth certificate, or a drivers license or personal identification card ; ( B ) the production or transfer of more than five identification documents, authentication features, or false identification documents ; ( C ) an offense under paragraph ( 5 ) of such subsection ; or ( D ) an offense under paragraph ( 7 ) of such subsection that involves the transfer, possession, or use of 1 or more means of identification if, as a result of the offense, any individual committing the offense obtains anything of value aggregating {$1000.00} or more during any 1-year period ; ( 2 ) except as provided in paragraphs ( 3 ) and ( 4 ), a fine under this title or imprisonment for not more than 5 years, or both, if the offense is ( A ) any other production, transfer, or use of a means of identification, an identification document,, [ 1 ] authentication feature, or a false identification document ; or ( B ) an offense under paragraph ( 3 ) or ( 7 ) of such subsection ; ( 3 ) a fine under this title or imprisonment for not more than 20 years, or both, if the offense is committed ( A ) to facilitate a drug trafficking crime ( as defined in section 929 ( a ) ( 2 ) ) ; ( B ) in connection with a crime of violence ( as defined in section 924 ( c ) ( 3 ) ) ; or ( C ) after a prior conviction under this section becomes final ; ( 4 ) a fine under this title or imprisonment for not more than 30 years, or both, if the offense is committed to facilitate an act of domestic terrorism ( as defined under section 2331 ( 5 ) of this title ) or an act of international terrorism ( as defined in section 2331 ( 1 ) of this title ) ; ( 5 ) in the case of any offense under subsection ( a ), forfeiture to the United States of any personal property used or intended to be used to commit the offense ; and ( 6 ) a fine under this title or imprisonment for not more than one year, or both, in any other case.
( c ) The circumstance referred to in subsection ( a ) of this section is that ( 1 ) the identification document, authentication feature, or false identification document is or appears to be issued by or under the authority of the United States or a sponsoring entity of an event designated as a special event of national significance or the document-making implement is designed or suited for making such an identification document, authentication feature, or false identification document ; ( 2 ) the offense is an offense under subsection ( a ) ( 4 ) of this section; or ( 3 ) either ( A ) the production, transfer, possession, or use prohibited by this section is in or affects interstate or foreign commerce, including the transfer of a document by electronic means; or ( B ) the means of identification, identification document, false identification document, or document-making implement is transported in the mail in the course of the production, transfer, possession, or use prohibited by this section.
( d ) In this section and section 1028A ( 1 ) the term authentication feature means any hologram, watermark, certification, symbol, code, image, sequence of numbers or letters, or other feature that either individually or in combination with another feature is used by the issuing authority on an identification document, document-making implement, or means of identification to determine if the document is counterfeit, altered, or otherwise falsified ; ( 2 ) the term document-making implement means any implement, impression, template, computer file, computer disc, electronic device, or computer hardware or software, that is specifically configured or primarily used for making an identification document, a false identification document, or another document-making implement ; ( 3 ) the term identification document means a document made or issued by or under the authority of the United States Government, a State , political subdivision of a State, a sponsoring entity of an event designated as a special event of national significance, a foreign government, political subdivision of a foreign government, an international governmental or an international quasi-governmental organization which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals ; ( 4 ) the term false identification document means a document of a type intended or commonly accepted for the purposes of identification of individuals that ( A ) is not issued by or under the authority of a governmental entity or was issued under the authority of a governmental entity but was subsequently altered for purposes of deceit ; and ( B ) appears to be issued by or under the authority of the United States Government, a State , a political subdivision of a State, a sponsoring entity of an event designated by the President as a special event of national significance, a foreign government, a political subdivision of a foreign government, or an international governmental or quasi-governmental organization ; ( 5 ) the term false authentication feature means an authentication feature that ( A ) is genuine in origin, but, without the authorization of the issuing authority, has been tampered with or altered for purposes of deceit ; ( B ) is genuine, but has been distributed, or is intended for distribution, without the authorization of the issuing authority and not in connection with a lawfully made identification document, document-making implement, or means of identification to which such authentication feature is intended to be affixed or embedded by the respective issuing authority ; or ( C ) appears to be genuine, but is not ; ( 6 ) the term issuing authority ( A ) means any governmental entity or agency that is authorized to issue identification documents, means of identification, or authentication features ; and ( B ) includes the United States Government, a State, a political subdivision of a State , a sponsoring entity of an event designated by the President as a special event of national significance, a foreign government, a political subdivision of a foreign government, or an international government or quasi-governmental organization ; ( 7 ) the term means of identification means any name or number that may be used, alone or in conjunction with any other information, to identify a specific individual, including any ( A ) name, social security number, date of birth, official State or government issued drivers license or identification number, alien registration number, government passport number, employer or taxpayer identification number ; ( B ) unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation ; ( C ) unique electronic identification number, address, or routing code ; or ( D ) telecommunication identifying information or access device ( as defined in section 1029 ( e ) ) ; ( 8 ) the term personal identification card means an identification document issued by a State or local government solely for the purpose of identification ; ( 9 ) the term produce includes alter, authenticate, or assemble ; ( 10 ) the term transfer includes selecting an identification document, false identification document, or document-making implement and placing or directing the placement of such identification document, false identification document, or document-making implement on an online location where it is available to others ; ( 11 ) the term State includes any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico , and any other commonwealth , possession, or territory of the United States ; and ( 12 ) the term traffic means ( A ) to transport, transfer, or otherwise dispose of, to another, as consideration for anything of value ; or ( B ) to make or obtain control of with intent to so transport, transfer, or otherwise dispose of.
( e ) This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States, or any activity authorized under chapter 224 of this title.
( f ) Attempt and Conspiracy.
Any person who attempts or conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.
( g ) Forfeiture Procedures.
The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be governed by the provisions of section 413 ( other than subsection ( d ) of that section ) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ( 21 U.S.C. 853 ).
( h ) Forfeiture ; Disposition.
In the circumstance in which any person is convicted of a violation of subsection ( a ), the court shall order, in addition to the penalty prescribed, the forfeiture and destruction or other disposition of all illicit authentication features, identification documents, document-making implements, or means of identification.
( i ) Rule of Construction.
For purpose of subsection ( a ) ( 7 ), a single identification document or false identification document that contains 1 or more means of identification shall be construed to be 1 means of identification.
I did not create this inquiry and when I contacted XXXX WITH THE ID THEFT AFFIDAVIT FORM not ONLY should it have been REMOVED! The credit bureau should have invoked 15 U.S. Code 6801 - Protection of nonpublic personal information ( a ) Privacy obligation policy It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information.
( b ) Financial institutions safeguards In furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer.and 15 U.S. Code 1681b - Permissible purposes of consumer reports ( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18.
( 2 ) In accordance with the written instructions of the consumer to whom it relates.
( 3 ) To a person which it has reason to believe ( A ) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer ; or ( B ) intends to use the information for employment purposes ; or ( C ) intends to use the information in connection with the underwriting of insurance involving the consumer ; or ( D ) intends to use the information in connection with a determination of the consumers eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicants financial responsibility or status ; or ( E ) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation ; or ( F ) otherwise has a legitimate business need for the information ( i ) in connection with a business transaction that is initiated by the consumer ; or ( ii ) to review an account to determine whether the consumer continues to meet the terms of the account.
( G ) executive departments and agencies in connection with the issuance of government-sponsored individually-billed travel charge cards.
( 4 ) In response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ), if the person making the request certifies to the consumer reporting agency that ( A ) the consumer report is needed for the purpose of establishing an individuals capacity to make child support payments, determining the appropriate level of such payments, or enforcing a child support order, award, agreement, or judgment ; ( B ) the parentage of the consumer for the child to which the obligation relates has been established or acknowledged by the consumer in accordance with State laws under which the obligation arises ( if required by those laws ) ; and ( C ) the consumer report will be kept confidential, will be used solely for a purpose described in subparagraph ( A ), and will not be used in connection with any other civil, administrative, or criminal proceeding, or for any other purpose.
( 5 ) To an agency administering a State plan under section 654 of title 42 for use to set an initial or modified child support award.
( 6 ) To the Federal Deposit Insurance Corporation or the National Credit Union Administration as part of its preparation for its appointment or as part of its exercise of powers, as conservator, receiver, or liquidating agent for an insured depository institution or insured credit union under the Federal Deposit Insurance Act [ 12 U.S.C. 1811 et seq. ] or the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], or other applicable Federal or State law, or in connection with the resolution or liquidation of a failed or failing insured depository institution or insured credit union, as applicable.
( b ) Conditions for furnishing and using consumer reports for employment purposes ( 1 ) Certification from user A consumer reporting agency may furnish a consumer report for employment purposes only if ( A ) the person who obtains such report from the agency certifies to the agency that ( i ) the person has complied with paragraph ( 2 ) with respect to the consumer report, and the person will comply with paragraph ( 3 ) with respect to the consumer report if paragraph ( 3 ) becomes applicable ; and ( ii ) information from the consumer report will not be used in violation of any applicable Federal or State equal employment opportunity law or regulation ; and ( B ) the consumer reporting agency provides with the report, or has previously provided, a summary of the consumers rights under this subchapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) [ 1 ] of this title.
( 2 ) Disclosure to consumer ( A ) In general Except as provided in subparagraph ( B ), a person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless ( i ) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and ( ii ) the consumer has authorized in writing ( which authorization may be made on the document referred to in clause ( i ) ) the procurement of the report by that person.
( B ) Application by mail, telephone, computer, or other similar means If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, at any time before a consumer report is procured or caused to be procured in connection with that application ( i ) the person who procures the consumer report on the consumer for employment purposes shall provide to the consumer, by oral, written, or electronic means, notice that a consumer report may be obtained for employment purposes, and a summary of the consumers rights under section 1681m ( a ) ( 3 ) 1 of this title; and ( ii ) the consumer shall have consented, orally, in writing, or electronically to the procurement of the report by that person.
( C ) Scope Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means.
( 3 ) Conditions on use for adverse actions ( A ) In general Except as provided in subparagraph ( B ), in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates ( i ) a copy of the report; and ( ii ) a description in writing of the rights of the consumer under this subchapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title.
( B ) Application by mail, telephone, computer, or other similar means ( i ) If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, and if a person who has procured a consumer report on the consumer for employment purposes takes adverse action on the employment application based in whole or in part on the report, then the person must provide to the consumer to whom the report relates, in lieu of the notices required under subparagraph ( A ) of this section and under section 1681m ( a ) of this title, within 3 business days of taking such action, an oral, written or electronic notification ( I ) that adverse action has been taken based in whole or in part on a consumer report received from a consumer reporting agency ; ( II ) of the name, address and telephone number of the consumer reporting agency that furnished the consumer report ( including a toll-free telephone number established by the agency if the agency compiles and maintains files on consumers on a nationwide basis ) ; ( III ) that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide to the consumer the specific reasons why the adverse action was taken ; and ( IV ) that the consumer may, upon providing proper identification, request a free copy of a report and may dispute with the consumer reporting agency the accuracy or completeness of any information in a report.
( ii ) If, under clause ( B ) ( i ) ( IV ), the consumer requests a copy of a consumer report from the person who procured the report, then, within 3 business days of receiving the consumers request, together with proper identification, the person must send or provide to the consumer a copy of a report and a copy of the consumers rights as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title.
( C ) Scope Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means.
( 4 ) Exception for national security investigations ( A ) In general In the case of an agency or department of the United States Government which seeks to obtain and use a consumer report for employment purposes, paragraph ( 3 ) shall not apply to any adverse action by such agency or department which is based in part on such consumer report, if the head of such agency or department makes a written finding that ( i ) the consumer report is relevant to a national security investigation of such agency or department ; ( ii ) the investigation is within the jurisdiction of such agency or department ; ( iii ) there is reason to believe that compliance with paragraph ( 3 ) will ( I ) endanger the life or physical safety of any person ; ( II ) result in flight from prosecution ; ( III ) result in the destruction of, or tampering with, evidence relevant to the investigation ; ( IV ) result in the intimidation of a potential witness relevant to the investigation ; ( V ) result in the compromise of classified information ; or ( VI ) otherwise seriously jeopardize or unduly delay the investigation or another official proceeding.
( B ) Notification of consumer upon conclusion of investigation Upon the conclusion of a national security investigation described in subparagraph ( A ), or upon the determination that the exception under subparagraph ( A ) is no longer required for the reasons set forth in such subparagraph, the official exercising the authority in such subparagraph shall provide to the consumer who is the subject of the consumer report with regard to which such finding was made ( i ) a copy of such consumer report with any classified information redacted as necessary ; ( ii ) notice of any adverse action which is based, in part, on the consumer report ; and ( iii ) the identification with reasonable specificity of the nature of the investigation for which the consumer report was sought.
( C ) Delegation by head of agency or department For purposes of subparagraphs ( A ) and ( B ), the head of any agency or department of the United States Government may delegate his or her authorities under this paragraph to an official of such agency or department who has personnel security responsibilities and is a member of the Senior Executive Service or equivalent civilian or military rank.
( D ) Definitions For purposes of this paragraph, the following definitions shall apply : ( i ) Classified information The term classified information means information that is protected from unauthorized disclosure under Executive Order No. 12958 or successor orders.
( ii ) National security investigation The term national security investigation means any official inquiry by an agency or department of the United States Government to determine the eligibility of a consumer to receive access or continued access to classified information or to determine whether classified information has been lost or compromised.
( c ) Furnishing reports in connection with credit or insurance transactions that are not initiated by consumer ( 1 ) In general A consumer reporting agency may furnish a consumer report relating to any consumer pursuant to subparagraph ( A ) or ( C ) of subsection ( a ) ( 3 ) in connection with any credit or insurance transaction that is not initiated by the consumer only if ( A ) the consumer authorizes the agency to provide such report to such person ; or ( B ) ( i ) the transaction consists of a firm offer of credit or insurance ; ( ii ) the consumer reporting agency has complied with subsection ( e ) ; ( iii ) there is not in effect an election by the consumer, made in accordance with subsection ( e ), to have the consumers name and address excluded from lists of names provided by the agency pursuant to this paragraph ; and ( iv ) the consumer report does not contain a date of birth that shows that the consumer has not attained the age of 21, or, if the date of birth on the consumer report shows that the consumer has not attained the age of 21, such consumer consents to the consumer reporting agency to such furnishing.
( 2 ) Limits on information received under paragraph ( 1 ) ( B ) A person may receive pursuant to paragraph ( 1 ) ( B ) only ( A ) the name and address of a consumer ; ( B ) an identifier that is not unique to the consumer and that is used by the person solely for the purpose of verifying the identity of the consumer ; and ( C ) other information pertaining to a consumer that does not identify the relationship or experience of the consumer with respect to a particular creditor or other entity.
( 3 ) Information regarding inquiries Except as provided in section 1681g ( a ) ( 5 ) of this title, a consumer reporting agency shall not furnish to any person a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer.
( d ) Reserved ( e ) Election of consumer to be excluded from lists ( 1 ) In general A consumer may elect to have the consumers name and address excluded from any list provided by a consumer reporting agency under subsection ( c ) ( 1 ) ( B ) in connection with a credit or insurance transaction that is not initiated by the consumer, by notifying the agency in accordance with paragraph ( 2 ) that the consumer does not consent to any use of a consumer report relating to the consumer in connection with any credit or insurance transaction that is not initiated by the consumer.
( 2 ) Manner of notification A consumer shall notify a consumer reporting agency under paragraph ( 1 ) ( A ) through the notification system maintained by the agency under paragraph ( 5 ) ; or ( B ) by submitting to the agency a signed notice of election form issued by the agency for purposes of this subparagraph.
( 3 ) Response of agency after notification through system Upon receipt of notification of the election of a consumer under paragraph ( 1 ) through the notification system maintained by the agency under paragraph ( 5 ), a consumer reporting agency shall ( A ) inform the consumer that the election is effective only for the 5-year period following the election if the consumer does not submit to the agency a signed notice of election form issued by the agency for purposes of paragraph ( 2 ) ( B ) ; and ( B ) provide to the consumer a notice of election form, if requested by the consumer, not later than 5 business days after receipt of the notification of the election through the system established under paragraph ( 5 ), in the case of a request made at the time the consumer provides notification through the system.
( 4 ) Effectiveness of election An election of a consumer under paragraph ( 1 ) ( A ) shall be effective with respect to a consumer reporting agency beginning 5 business days after the date on which the consumer notifies the agency in accordance with paragraph ( 2 ) ; ( B ) shall be effective with respect to a consumer reporting agency ( i ) subject to subparagraph ( C ), during the 5-year period beginning 5 business days after the date on which the consumer notifies the agency of the election, in the case of an election for which a consumer notifies the agency only in accordance with paragraph ( 2 ) ( A ) ; or ( ii ) until the consumer notifies the agency under subparagraph ( C ), in the case of an election for which a consumer notifies the agency in accordance with paragraph ( 2 ) ( B ) ; ( C ) shall not be effective after the date on which the consumer notifies the agency, through the notification system established by the agency under paragraph ( 5 ), that the election is no longer effective ; and ( D ) shall be effective with respect to each affiliate of the agency.
( 5 ) Notification system ( A ) In general Each consumer reporting agency that, under subsection ( c ) ( 1 ) ( B ), furnishes a consumer report in connection with a credit or insurance transaction that is not initiated by a consumer, shall ( i ) establish and maintain a notification system, including a toll-free telephone number, which permits any consumer whose consumer report is maintained by the agency to notify the agency, with appropriate identification, of the consumers election to have the consumers name and address excluded from any such list of names and addresses provided by the agency for such a transaction ; and ( ii ) publish by not later than 365 days after XX/XX/XXXX, and not less than annually thereafter, in a publication of general circulation in the area served by the agency ( I ) a notification that information in consumer files maintained by the agency may be used in connection with such transactions ; and ( II ) the address and toll-free telephone number for consumers to use to notify the agency of the consumers election under clause ( i ).
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On my credit I have this account XXXX XXXX XXXX # XXXX the payment history is wrong! XXXX then XXXX, CO? No payment history for XXXX! This all is a violation per 15 U.S. Code 1666b ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement, including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date.
The whole account on the credit report for XXXX and Experian that is a violation per 15 U.S. Code 1666a a ) Reports by creditor on obligors failure to pay amount regarded as a billing error After receiving a notice from an obligor as provided in section 1666 ( a ) of this title, a creditor or his agent may not directly or indirectly threaten to report to any person adversely on the obligors credit rating or credit standing because of the obligors failure to pay the amount indicated by the obligor under section 1666 ( a ) ( 2 ) of this title, and such amount may not be reported as delinquent to any third party until the creditor has met the requirements of section 1666 of this title and has allowed the obligor the same number of days ( not less than ten ) thereafter to make payment as is provided under the credit agreement with the obligor for the payment of undisputed amounts.
( b ) Reports by creditor on delinquent amounts in dispute ; notification of obligor of parties notified of delinquency If a creditor receives a further written notice from an obligor that an amount is still in dispute within the time allowed for payment under subsection ( a ) of this section, a creditor may not report to any third party that the amount of the obligor is delinquent because the obligor has failed to pay an amount which he has indicated under section 1666 ( a ) ( 2 ) of this title, unless the creditor also reports that the amount is in dispute and, at the same time, notifies the obligor of the name and address of each party to whom the creditor is reporting information concerning the delinquency.
( c ) Reports by creditor of subsequent resolution of delinquent amounts A creditor shall report any subsequent resolution of any delinquencies reported pursuant to subsection ( b ) to the parties to whom such delinquencies were initially reported.
I never gave written, unwritten verbal and nonverbal consent to any of the XXXX companies to publish my credit report per 15 USC 6802 ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title 15 U.S.C. 1681-1681u ( a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system.
( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers.
( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers.
( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy.
( b ) Reasonable procedures It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter.
( a ) Definitions and rules of construction set forth in this section are applicable for the purposes of this subchapter.
( b ) The term person means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity.
( c ) The term consumer means an individual.
( d ) Consumer Report.
( 1 ) In general.The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 1681b of this title.
( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( ii ) communication of that information among persons related by common ownership or affiliated by corporate control ; or ( iii ) communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons ; ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; ( C ) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made, and such person makes the disclosures to the consumer required under section 1681m of this title ; or ( D ) a communication described in subsection ( o ) or ( x ). [ 1 ] ( 3 ) Restriction on sharing of medical information.Except for information or any communication of information disclosed as provided in section 1681b ( g ) ( 3 ) of this title, the exclusions in paragraph ( 2 ) shall not apply with respect to information disclosed to any person related by common ownership or affiliated by corporate control, if the information is ( A ) medical information ; ( B ) an individualized list or description based on the payment transactions of the consumer for medical products or services ; or ( C ) an aggregate list of identified consumers based on payment transactions for medical products or services.
( e ) The term investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumers credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer.
( f ) The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.
( g ) The term file, when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored.
( h ) The term employment purposes when used in connection with a consumer report means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee.
( i ) Medical Information.The term medical information ( 1 ) means information or data, whether oral or recorded, in any form or medium, created by or derived from a health care provider or the consumer, that relates to ( A ) the past, present, or future physical, mental, or behavioral health or condition of an individual ; ( B ) the provision of health care to an individual ; or ( C ) the payment for the provision of health care to an individual. [ 2 ] ( 2 ) does not include the age or gender of a consumer, demographic information about the consumer, including a consumers residence address or e-mail address, or any other information about a consumer that does not relate to the physical, mental, or behavioral health or condition of a consumer, including the existence or value of any insurance policy.
( j ) Definitions Relating to XXXX XXXX Obligations.
( 1 ) Overdue support.
The term overdue support has the meaning given to such term in section 666 ( e ) of title 42.
( 2 ) State or local child support enforcement agency.
The term State or local child support enforcement agency means a State or local agency which administers a State or local program for establishing and enforcing child support obligations.
( k ) Adverse Action.
( 1 ) Actions included.The term adverse action ( A ) has the same meaning as in section 1691 ( d ) ( 6 ) of this title ; and ( B ) means ( i ) a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of, any insurance, existing or applied for, in connection with the underwriting of insurance ; ( ii ) a denial of employment or any other decision for employment purposes that adversely affects any current or prospective employee ; ( iii ) a denial or cancellation of, an increase in any charge for, or any other adverse or unfavorable change in the terms of, any license or benefit described in section 1681b ( a ) ( 3 ) ( D ) of this title ; and ( iv ) an action taken or determination that is ( I ) made in connection with an application that was made by, or a transaction that was initiated by, any consumer, or in connection with a review of an account under section 1681b ( a ) ( 3 ) ( F ) ( ii ) of this title ; and ( II ) adverse to the interests of the consumer.
( 2 ) Applicable findings, decisions, commentary, and orders.
For purposes of any determination of whether an action is an adverse action under paragraph ( 1 ) ( A ), all appropriate final findings, decisions, commentary, and orders issued under section 1691 ( d ) ( 6 ) of this title by the Bureau or any court shall apply.
( l ) Firm Offer of Credit or Insurance.The term firm offer of credit or insurance means any offer of credit or insurance to a consumer that will be honored if the consumer is determined, based on information in a consumer report on the consumer, to meet the specific criteria used to select the consumer for the offer, except that the offer may be further conditioned on one or more of the following : ( 1 ) The consumer being determined, based on information in the consumers application for the credit or insurance, to meet specific criteria bearing on credit worthiness or insurability, as applicable, that are established ( A ) before selection of the consumer for the offer; and ( B ) for the purpose of determining whether to extend credit or insurance pursuant to the offer.
( 2 ) Verification ( A ) that the consumer continues to meet the specific criteria used to select the consumer for the offer, by using information in a consumer report on the consumer, information in the consumers application for the credit or insurance, or other information bearing on the credit worthiness or insurability of the consumer; or ( B ) of the information in the consumers application for the credit or insurance, to determine that the consumer meets the specific criteria bearing on credit worthiness or insurability.
( XXXX ) The consumer furnishing any collateral that is a requirement for the extension of the credit or insurance that was ( A ) established before selection of the consumer for the offer of credit or insurance; and ( B ) disclosed to the consumer in the offer of credit or insurance.
( m ) Credit or Insurance Transaction That Is Not Initiated by the Consumer.The term credit or insurance transaction that is not initiated by the consumer does not include the use of a consumer report by a person with which the consumer has an account or insurance policy, for purposes of ( 1 ) reviewing the account or insurance policy ; or ( 2 ) collecting the account.
( n ) State.
The term XXXX means any State, the XXXX of XXXX XXXX, the District of Columbia, and any territory or possession of the United States.
( o ) Excluded XXXX communication is described in this subsection if it is a communication ( 1 ) that, but for subsection ( d ) ( 2 ) ( D ), would be an investigative consumer report ; ( 2 ) that is made to a prospective employer for the purpose of ( A ) procuring an employee for the employer ; or ( B ) procuring an opportunity for a natural person to work for the employer ; ( 3 ) that is made by a person who regularly performs such procurement ; ( 4 ) that is not used by any person for any purpose other than a purpose described in subparagraph ( A ) or ( B ) of paragraph ( 2 ) ; and ( 5 ) with respect to which ( A ) the consumer who is the subject of the communication ( i ) consents orally or in writing to the nature and scope of the communication, before the collection of any information for the purpose of making the communication ; ( ii ) consents orally or in writing to the making of the communication to a prospective employer, before the making of the communication ; and ( iii ) in the case of consent under clause ( i ) or ( ii ) given orally, is provided written confirmation of that consent by the person making the communication, not later than 3 business days after the receipt of the consent by that person ; ( B ) the person who makes the communication does not, for the purpose of making the communication, make any inquiry that if made by a prospective employer of the consumer who is the subject of the communication would violate any applicable Federal or State equal employment opportunity law or regulation ; and ( C ) the person who makes the communication ( i ) discloses in writing to the consumer who is the subject of the communication, not later than 5 business days after receiving any request from the consumer for such disclosure, the nature and substance of all information in the consumers file at the time of the request, except that the sources of any information that is acquired solely for use in making the communication and is actually used for no other purpose, need not be disclosed other than under appropriate discovery procedures in any court of competent jurisdiction in which an action is brought ; and ( ii ) notifies the consumer who is the subject of the communication, in writing, of the consumers right to request the information described in clause ( i ).
( p ) Consumer Reporting Agency That Compiles and Maintains Files on Consumers on a Nationwide Basis.The term consumer reporting agency that compiles and maintains files on consumers on a nationwide basis means a consumer reporting agency that regularly engages in the practice of assembling or evaluating, and maintaining, for the purpose of furnishing consumer reports to third parties bearing on a consumers credit worthiness, credit standing, or credit capacity, each of the following regarding consumers residing nationwide : ( 1 ) Public record information.
( 2 ) Credit account information from persons who furnish that information regularly and in the ordinary course of business.
( q ) Definitions Relating to XXXX Alerts.
( XXXX ) XXXX XXXX military consumer.The term XXXX XXXX military consumer means a consumer in military service who ( A ) is on XXXX XXXX ( as defined in section 101 ( d ) ( 1 ) of title 10 ) or is a XXXX performing duty under a call or order to XXXX XXXX under a provision of law referred to in section 101 ( a ) ( 13 ) of title 10 ; and ( B ) is assigned to service away from the usual duty station of the consumer.
( XXXX ) Fraud alert ; XXXX XXXX alert.The terms fraud alert and XXXX XXXX alert mean a statement in the file of a consumer that ( A ) notifies all prospective users of a consumer report relating to the consumer that the consumer XXXX be a victim of fraud, including identity theft, or is an XXXX XXXX military consumer, as applicable ; and ( B ) is presented in a manner that facilitates a clear and conspicuous view of the statement described in subparagraph ( A ) by any person requesting such consumer report.
( XXXX ) Identity theft.
The term identity theft means a fraud committed using the identifying information of another person, subject to such further definition as the XXXX XXXX prescribe, by regulation.
( XXXX ) Identity theft report.The term identity theft report has the meaning given that term by rule of the XXXX, and means, at a minimum, a report ( A ) that alleges an identity theft ; ( B ) that is a copy of an official, valid report filed by a consumer with an appropriate Federal, XXXX, or local law enforcement agency, including the United States XXXX XXXX XXXX, or such other government agency deemed appropriate by the XXXX ; and ( C ) the filing of which subjects the person filing the report to criminal penalties relating to the filing of false information if, in fact, the information in the report is false.
( XXXX ) New credit plan.
The term new credit plan means a new account under an open end credit plan ( as defined in section XXXX ( i ) XXXX of this title ) or a new credit transaction not under an open end credit plan.
( r ) Credit and Debit Related Terms ( XXXX ) XXXX XXXX term card issuer means ( A ) a credit card issuer, in the case of a credit card ; and ( B ) a debit card issuer, in the case of a debit card.
( XXXX ) Credit card.
The term credit card has the same meaning as in section XXXX of this title.
( XXXX ) Debit card.
The term debit card means any card issued by a financial institution to a consumer for use in initiating an electronic fund transfer from the account of the consumer at such financial institution, for the purpose of transferring money between accounts or obtaining money, property, labor, or services.
( XXXX ) Account and electronic fund transfer.
The terms account and electronic fund transfer have the same meanings as in section XXXX of this title.
( XXXX ) Credit and creditor.
The terms credit and creditor have the same meanings as in section XXXX of this title.
( XXXX ) XXXX Banking XXXX.
The term XXXX banking agency has the same meaning as in section XXXX of title XXXX.
( t ) XXXX XXXX.
The term financial institution means a State or National bank, a XXXX or XXXX XXXX and XXXX XXXX, a mutual savings bank, a XXXX or XXXX credit union, or any other person that, directly or indirectly, holds a transaction account ( as defined in section XXXX ( b ) of title XXXX ) belonging to a consumer.
( u ) Reseller.The term reseller means a consumer reporting agency that ( XXXX ) assembles and merges information contained in the database of another consumer reporting agency or multiple consumer reporting agencies concerning any consumer for purposes of furnishing such information to any third party, to the extent of such activities ; and ( XXXX ) does not maintain a database of the assembled or merged information from which new consumer reports are produced.
( v XXXX XXXX.
The term XXXX means the XXXX. [ XXXX ] ( XXXX ) The term XXXX means the XXXX XXXX XXXX XXXX XXXX.
( x ) XXXX XXXX XXXX XXXX XXXX term nationwide specialty consumer reporting agency means a consumer reporting agency that compiles and maintains files on consumers on a nationwide basis relating to ( XXXX ) medical records or payments ; ( XXXX ) residential or tenant history ; ( XXXX ) check writing history ; ( XXXX ) employment history; or ( XXXX ) insurance claims.
( y ) Exclusion of Certain Communications for XXXX Investigations.
( XXXX ) Communications described in this subsection.A communication is described in this subsection if ( A ) but for subsection ( d ) ( XXXX ) ( D ), the communication would be a consumer report ; ( B ) the communication is made to an employer in connection with an investigation of ( i ) suspected misconduct relating to employment ; or ( ii ) compliance with Federal, XXXX, or local laws and regulations, the rules of a self-regulatory organization, or any preexisting written policies of the employer ; ( C ) the communication is not made for the purpose of investigating a consumers credit worthiness, credit standing, or credit capacity ; and ( D ) the communication is not provided to any person except ( i ) to the employer or an agent of the employer ; ( ii ) to any Federal or State XXXX XXXX agency, or department, or any XXXX, agency, or department of a unit of general local government ; ( iii ) to any self-regulatory organization with regulatory authority over the activities of the employer or employee ; ( iv ) as otherwise required by law ; or ( v ) pursuant to section XXXX of this title.
( XXXX ) Subsequent disclosure.
After taking any adverse action based in whole or in part on a communication described in paragraph ( XXXX ), the employer shall disclose to the consumer a summary containing the nature and substance of the communication upon which the adverse action is based, except that the sources of information acquired solely for use in preparing what would be but for subsection ( d ) ( XXXX ) ( D ) an investigative consumer report need not be disclosed.
( XXXX ) Self-regulatory organization defined.
For purposes of this subsection, the term self-regulatory organization includes any self-regulatory organization ( as defined in section XXXX ( a ) ( XXXX ) of this title ), any entity established under title XXXX of the XXXX XXXX of 2002 [ XXXX U.S.C. XXXX et seq. ], any board of trade designated by the Commodity Futures Trading Commission, and any XXXX XXXX registered with such XXXX.
( z ) Veteran.
The term veteran has the meaning given the term in section XXXX of title XXXX.
( aa ) Veterans Medical Debt.The term veterans medical debt ( XXXX ) means a medical collection debt of a veteran owed to a non-Department of Veterans Affairs health care provider that was submitted to the Department for payment for health care authorized by the Department XXXX XXXX XXXX ; and ( XXXX ) includes medical collection debt that the Department XXXX XXXX XXXX has wrongfully charged a veteran.
( a ) In general Subject to subsection ( c ), any consumer reporting agency XXXX furnish a consumer report under the following circumstances and no other : ( XXXX ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a XXXX grand jury, or a subpoena issued in accordance with section XXXX of title XXXX or section XXXX of title XXXX.
( XXXX ) In accordance with the written instructions of the consumer to whom it relates.
( XXXX ) To a person which it has reason to believe ( A ) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer ; or ( B ) intends to use the information for employment purposes ; or ( C ) intends to use the information in connection with the underwriting of insurance involving the consumer ; or ( D ) intends to use the information in connection with a determination of the consumers eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicants financial responsibility or status ; or ( XXXX ) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation ; or ( F ) otherwise has a legitimate business need for the information ( i ) in connection with a business transaction that is initiated by the consumer ; or ( ii ) to review an account to determine whether the consumer continues to meet the terms of the account.
( G ) XXXX departments and agencies in connection with the issuance of government-sponsored individually-billed travel charge cards.
( XXXX ) In response to a request by the head of a XXXX or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ), if the person making the request certifies to the consumer reporting agency that ( A ) the consumer report is needed for the purpose of establishing an individuals capacity to make child support payments, determining the appropriate level of such payments, or enforcing a child support order, award, agreement, or judgment ; ( B ) the parentage of the consumer for the child to which the obligation relates has been established or acknowledged by the consumer in accordance with State laws under which the obligation arises ( if required by those laws ) ; and ( C ) the consumer report will be kept confidential, will be used solely for a purpose described in subparagraph ( A ), and will not be used in connection with any other civil, administrative, or criminal proceeding, or for any other purpose.
( XXXX ) To an agency administering a State plan under section XXXX of title XXXX for use to set an initial or modified child support award.
( XXXX ) To the XXXX XXXX XXXX XXXX or the XXXX XXXX XXXX XXXX as part of its preparation for its appointment or as part of its exercise of powers, as conservator, receiver, or liquidating agent for an insured depository institution or insured credit union under the XXXX XXXX XXXX XXXX [ XXXX XXXX. XXXX et seq. ] or the XXXX XXXX XXXX XXXX [ XXXX XXXX. XXXX et seq. ], or other applicable XXXX or XXXX law, or in connection with the resolution or liquidation of a failed or failing insured depository institution or insured credit union, as applicable.
( b ) Conditions for furnishing and using consumer reports for employment purposes ( XXXX ) Certification from user A consumer reporting agency XXXX furnish a consumer report for employment purposes only if ( A ) the person who obtains such report from the agency certifies to the agency that ( i ) the person has complied with paragraph ( XXXX ) with respect to the consumer report, and the person will comply with paragraph ( XXXX ) with respect to the consumer report if paragraph ( XXXX ) becomes applicable ; and ( ii ) information from the consumer report will not be used in violation of any applicable Federal or State equal employment opportunity law or regulation ; and ( B ) the consumer reporting agency provides with the report, or has previously provided, a summary of the consumers rights under this subchapter, as prescribed by the XXXX under section XXXX ( c ) ( XXXX ) [ XXXX ] of this title.
( XXXX ) XXXX to consumer ( A ) In general Except as provided in subparagraph ( B ), a person XXXX not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless ( i ) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report XXXX be obtained for employment purposes; and ( ii ) the consumer has authorized in writing ( which authorization XXXX be made on the document referred to in clause ( i ) ) the procurement of the report by that person.
( B ) Application by mail, telephone, computer, or other similar means If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, at any time before a consumer report is procured or caused to be procured in connection with that application ( i ) the person who procures the consumer report on the consumer for employment purposes shall provide to the consumer, by oral, written, or electronic means, notice that a consumer report XXXX be obtained for employment purposes, and a summary of the consumers rights under section XXXX ( a ) ( XXXX ) XXXX of this title; and ( ii ) the consumer shall have consented, orally, in writing, or electronically to the procurement of the report by that person.
( C ) Scope Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if ( i ) the consumer is applying for a position over which the XXXX of XXXX has the power to establish qualifications and maximum hours of service pursuant to the provisions of section XXXX of title XXXX, or a position subject to safety regulation by a XXXX transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means.
( XXXX ) Conditions on use for adverse actions ( A ) In general Except as provided in subparagraph ( B ), in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates ( i ) a copy of the report; and ( ii ) a description in writing of the rights of the consumer under this subchapter, as prescribed by the XXXX under section XXXX ( c ) ( XXXX ) XXXX of this title.
( B ) Application by mail, telephone, computer, or other similar means ( XXXX ) If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, and if a person who has procured a consumer report on the consumer for employment purposes takes adverse action on the employment application based in whole or in part on the report, then the person must provide to the consumer to whom the report relates, in lieu of the notices required under subparagraph ( A ) of this section and under section XXXX ( a ) of this title, within XXXX business days of taking such action, an oral, written or electronic notification ( I ) that adverse action has been taken based in whole or in part on a consumer report received from a consumer reporting agency ; ( II ) of the name, address and telephone number of the consumer reporting agency that furnished the consumer report ( including a toll-free telephone number established by the agency if the agency compiles and maintains files on consumers on a nationwide basis ) ; ( III ) that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide to the consumer the specific reasons why the adverse action was taken ; and ( IV ) that the consumer may, upon providing proper identification, request a free copy of a report and may dispute with the consumer reporting agency the accuracy or completeness of any information in a report.
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- Other type of mortgage
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Can not get a clear title Property because NationStar Mr.Cooper placed a False Proof of Claim in the Case>!
XXXX XXXX XXXX, appearing pro se, as and for his OBJECTION to the Motion for relief filed by disinterested person Nationstar Mortgage, LLC d/b/a Mr. Cooper ( " Mr. Cooper '' ), dated XX/XX/XXXX and found at ECF Docket No. XXXX ( the " Motion '' ) respectfully submits the following Objections to this honorable court for its consideration : 1. Movant Mr. Cooper claims, falsely, that they are a secured creditor. However, 11 USC 101 ( 10 ) defines the term " creditor '' to mean : ( A ) entity that has a claim against a debtor that arose at the time of or before the order for relief concerning the debtor ; or, ( B ) entity that has a claim against the estate of a kind specified in section 348 ( d ), 502 ( f ), 502 ( g ), 502 ( h ), 502 ( i ), ; or, ( C ) entity that has a community claim.
Furthermore, 11 USC 101 ( 14 define the tern " disinterested person '' to mean : ( A ) is not a creditor, an equity security holder, or an insider ; ( b ), is not and was not, within 2 years before the date of the filing of the petition, a director, officer, or employee of the debtor ; and, ( C ) does not have an interest materially adverse to the interest of the estate or of any class of creditors or equity holders, by reason of any direct or indirect relationship to, connection with, or interest in, the debtor, or for any other reason. Debtor OBJECTS to the claim that Mr. Cooper is a creditor at all and OBJECTS further that he is secured, since no valid original Note or other security instrument exists between this debtor and Mr. Cooper or any other party.
2. DISINTERESTED PERSON MR. COOPER 's FAILURE TO COMPLY WITH FRBP RULE 3001 : FRBP Rule 3001 requires Mr. Cooper to file a Proof of Claim, and the required supporting documentation which is subject to review and scrutiny of this court and the debtor, in order to be deemed a party in interest or creditor in this case. ( SEE : In re : XXXX, No. XXXX ( XXXX ) XXXX XXXX. XXXX XXXX ( Bankr. XXXX. XXXX ) ). FRBP Rule 3001 in relevant parts to the Motion and this Objection provides that : " A Proof of Claim is a written statement setting forth a creditor 's claim. A Proof of Claim shall conform substantially to the appropriate Official Form. ( FRBP Rule 3001 ( a ) ). A Proof of Claim shall be executed by the CREDITOR or the creditor 's authorized agent except as provided in Rules 3004 and 3005. ( FRBP Rule 3001 ( b ) ). Regarding a claim in writing, as disinterested person Mr. Cooper has alleged here in the Motion despite, Mr. Cooper 's failure to file a proof of Claim, except for a Proof of Claim governed by paragraph ( 3 ) of this subdivision, when a claim, or an interest in property of the debtor securing the claim, is based on a writing, a copy of the writing ( as alleged by the disinterested arty here ), shall be filed with the Proof of Claim. If the writing has been lost or destroyed, a statement of the circumstances of the loss or destruction shall be filed with the claim. ( FRBP Rule 3001 ( c ) ( 1 ) ). However, no statement of circumstances was submitted here by disinterested person Mr. Cooper, only a statement of an unqualified person alleging the loss occurred without explanation on a self-styled and fraudulently contrived loss affidavit, which violates Rule 3001 ( c ) ( 1 ).
In an individual debtor case, as here, FRBP Rule 3001 authorizes sanctions against disinterested persons such as Mr. Cooper, and their counsel Mr. XXXX, for failure to comply with the rule. If, in addition to its principal amount. a claim includes interest, fees, expenses or other charges incurred before the petition was filed, an itemized statement of the interest, fees, expenses, or charges shall be filed with the Proof of Claim. ( FRBP Rule 3001 ( c ) ( 2 ) ( A ) ). Mr. Cooper never filed the Proof of Claim including these schedules, as required under the Rule, in violation of FRBP Rule 3001 ( c ) ( 2 ) ( A ). therefore, the Motion itself is not properly before this court, as is necessary to have the motion 's merits considered.
If a security interest is claimed in the debtor 's property, a statement of the amount necessary to cure any default as of the date of the petition shall be filed with the proof of claim. ( FRBP Rule 3001 ( c ) ( 2 ) ( B ) ). Yet none of these requirements were met by Mr. Cooper either. In fact, of all of the documents submitted with the motion by Mr. Cooper, none of them suffice, meet or supersede the requirements set forth in Rule 3001. The debtor OBJECTS to the validity of the Motion as a valid motion before the court on these grounds.
If a security interest in claimed in property that is the debtor 's principal residence, as disinterested person Mr. Cooper has done here, the attachment prescribed by the appropriate Official Form shall be filed with a Proof of Claim. If an escrow account has been established in connection with the claim, an escrow account statement prepared as of the date the petition was filed and, in the form, consistent applicable nonbankrupt law shall be filed with the attachment to the Proof of Claim. ( FRBP Rule 3001 ( c ) ( 2 ) ( C ) ). Lacking the filing of ANY Proof of Claim, debtor OBJECTS to all of Mr. Coopers claims in his Motion and hereby shows that Mr. Cooper lacks standing to : pursue any relief through these proceedings or through the motion, seek the removal of the stay under 11 USC 362 ( d ) ( 1 ) or ( 4 ), and Mr. Cooper can not have the merits determined upon his motion for failure to adequately satisfy the requirements of Rule 3001.
If the holder of a claim fails to provide any information required under Rule 3001, the court may, after notice and hearing, take either or both of the following action : ( 1 ) preclude the holder from presenting omitted information, in any form, as evidence in any contested matter or adversary proceeding in the case ( FRBP Rule 3001 ( c ) ( 2 ) ( D ) ( i ) ), or award other appropriate relief, including reasonable expenses and attorney 's fees caused by the failure. ( FRBP Rule 3001 ( c ) ( 2 ) ( D ) ( ii ) ).
Debtor OBJECTS to disinterested person Mr. Cooper 's failure to follow the Federal Rules of Bankruptcy Procedure in this case and avers that MR. Cooper is not a party in interest to this case. As, such Debtor hereby implores the court invoke the maximum sanctions allowed as set forth in FRBP Rule 3001 ( c ) ( 2 ) ( D ) ( i ) and ( ii ). Debtor intends to seek sanctions against Mr. Cooper pursuant to FRBP Rule 3001 ( c ) ( 2 ) ( D ) ( i ) and ( ii ) in a separate Motion. However, herein debtor OBJECTS to disinterested person Mr. Cooper 's Motion based upon the foregoing.
If a security interest in a property of the debtor is claimed, as disinterested person Mr. Cooper does in the Motion, the Proof of Claim must be accompanied by evidence that the security interest is perfected. ( FRBP Rule 3001 ( d ) ). Of course, since Mr. Cooper failed to comply with this section of Rule 3001 by failing to even file a Proof of Claim, the Motion is improperly before the court. Debtor OBJECTS to the validity of the motion, and to the motion being determined upon its merits based upon this failure by disinterested party Mr. Cooper to provide any valid authentication of perfection of a security instrument under that name which established any debtor/creditor relationship between the parties here. No creditor/ Debtor relationship exists between XXXX XXXX and disinterested person Mr. Cooper .
3. Having failed to comply with ANY of the requirements set forth under FRBP Rule 3001 in this instance, and pursuant to definition under 11 USC 101 ( 14 ), Mr. Cooper is a disinterested party in this case lacking standing to file the instant Motion. Debtor therefore OBJECTS to the claim by Mr. Cooper to be a party of interest in these proceedings.
4. Mr. Cooper is not, and can not be deemed to be, a " secured creditor '' as claimed in the Motion pursuant to Rule 3001 or 11 USC 101 ( 10 ) or ( 14 ). ( FRBP Rule 3001 ; 11 USC 101 ( 10 ) and ( 14 ) ). Debtor OBJECTS to the claim that Mr. Cooper is a secured creditor based upon these facts.
5. Mr. Cooper 's Motion seeks relief pursuant to 11 USC 362 ( d ) ( 1 ) and 11 USC 362 ( d ) ( 4 ). According to the statute : " On request of a PARTY IN INTEREST and after notice and a hearing, the court shall grant relief from the stay provided under subsection ( a ) of this section, such as by terminating, annulling, modifying or conditioning such stay : ( 1 ) for cause, including the lack of adequate protection of an interest in property of such party in interest. " ( 11 USC 362 ( d ) ( 1 ) ). Also, " with respect to a stay of an act against real property, under subsection ( a ), by a CREDITOR whose claim is secured by an interest in real property, if the court finds that the filing of the petition was part of a scheme to delay, hinder, or defraud creditors that involved either ( A ) transfer of all or part ownership of, or other interest in, such real property without the consent of the secured creditor or court approval ; or ( B ) multiple bankruptcy filings affecting such real property. '' ( 11 USC 362 ( d ) ( 4 ) ). However, disinterested party Mr. Cooper has failed to meet the requirements of filing or perfecting a Proof of Claim or security instrument and has failed to qualify as a PARTY IN INTEREST. Therefore, Mr. Cooper can not possibly be deemed to be having made a " request of a party of interest '' under the predicate requirement in 11 USC 362 ( d ) ( 1 ). By not satisfying the predicate element of being a " party in interest '' to file the Motion in the first place, and specifically, in lack of the existence of any Proof of Claim filed under Rule 3001, Mr. Cooper 's Motion CAN NOT be considered pursuant to section 362 ( d ) because Mr. Cooper does not satisfy the predicate requirement of being a " party in interest '' set forth in the statute to file the Motion as defined under 11 USC 101. Likewise, Mr. Cooper can not be deemed to be a Creditor at all since no creditor/Debtor relationship exists between his debtor and Mr. Cooper, and Mr. Cooper has failed to provide one single piece of evidence showing a creditor/debtor relationship exists between the parties involved. This negates Mr. Cooper 's ability to file as " creditor '', which is the predicate requirement under 11 USC 362 ( 4 ) necessary to seek relief. Based upon the foregoing, Debtor Objects to the Motion under section 362 ( d ) ( 1 ) and ( 4 ) because it seeks relief which can not be granted because the Movant fails to meet the requirements to be deemed a " party in interest '' or a " creditor '' as defined under Title 11. Therefore, disinterested person Mr. Cooper does not satisfy the predicate element requirements under 362, in any way, which would allow Mr. Cooper to file the motion in the first place.
6. In light of Mr. Cooper 's complete failure to provide a Proof of Claim under Rule 3001, the Motion again seeks relief which can not be granted under the statute and must be denied. Based upon the foregoing debtor OBJECTs to the Motion in its entirety.
7. Since MR. Cooper is indeed is NOT a Creditor, as defined under 11 USC 101 ( 10 ), his claim to be creditor is false. Debtor OBJECTS to Mr. Coopers false and misrepresentative characterization of itself as a creditor, made for the purposes of fraud upon the court and to defraud this debtor.
8. Mr. Cooper is indeed a disinterested person, as defined under 11 USC 101 ( 14 ), and as such seeks relief which can not be granted under section 362, because section 362 requires that the motion for relief must be filed by a " party in interest '' as defined under 11 USC 101. ( 11 USC 362 ( d ) ( 1 ) and ( 4 ) and, also : 11 USC ss 101 ( 10 ) ( 14 ) ). Debtor OBJECTS to the filing of the Motion by a disinterested person which was filed for the fraudulent purposes of obtaining debtor 's property when no debtor/creditor relationship exists.
9. Because Rule 3001 requires that a Proof of Claim be filed " in proper form and context '', and MR. Cooper failed to file one, the Motion must be denied pursuant to Rule 3001 ( a ). Debtor Objects to the motion based upon this deficiency. ( FRBP Rule 3001 ( a ) ).
10. Because Rule 3001 ( b ) requires that a Proof of Claim MUST BE EXECUTED BY THE CREDITOR or the CREDITOR 's agent, and Mr. Cooper has failed to do so, and the Motion must be denied.
11. Because Mr. Cooper 's claims to be a " secured creditor but has not filed a Proof of Claim or proof of security with that Proof of Claim, as required under Rule 3001 ( c ), Mr. Cooper 's Motion is non-compliant with the Federal Rules of Bankruptcy procedure and must be denied. Debtor OBJECTS to the filing of the Motion by Mr. Cooper in the improper form and context in violation of FRBP Rule 3001 ( c ).
12. Because Mr. Cooper, by and through their attorney XXXX XXXX fail to meet any of the requirements of FRBP Rule 3001 ( a ), ( b ), ( c ) ( 1 ) and ( 2 ) and ( 2 ) ( A-C ), the motion must be denied. ( FRBP Rule 3001 ( a ), ( b ), ( c ) ( 1 ) and ( 2 ) ( a-c ) ).
13. Since Debtor is entitled to sanctions against disinterested party Mr. Cooper for failure to comply with Rule 3001 and 11 USC ss 362 ( d ) ( 1 ) and ( 4 ), the motion must be denied.
14. Disinterested person Mr. Cooper 's Motion, as stated on its face, was made under FRBP Rule 4001.
15. FRBP Rule 4001 is governed by FRBP Rule 9014. Rule 9014 pertains to contested matters as those which appear here in the Motion, between debtor XXXX and disinterested person Mr. Cooper.
16. Rule 9014 provided that : " Testimony of witnesses with respect to disputed material factual issues shall be taken in the same manner as testimony in an adversarial proceeding '' ( FRBP Rule 9014 ( d ) ). Also, " The court shall provide procedures that enable parties to ascertain a reasonable time before any scheduled hearing, whether the hearing will be an evidentiary hearing at which witnesses may testify ''. ( FRBP Rule 9014 ( e ) ).
17. Debtor XXXX respectfully requests and hereby implores the court to instigate procedures set forth under FRBP Rule 9014 ( d ) and ( XXXX ) at this time, because it is the intent of the debtor to call witnesses, including alleged signatory of documents submitted by Mr. Cooper, to testify before the court, through subpoena if necessary, to adjudicate and determine the veracity of the documents and statements made by Mr. XXXX speaking for Mr. Cooper and others involved in the claims presented by Mr. Cooper in the Motion. Debtor has already determined and established that many of the signatures on the documents presented by Mr. Cooper to this court as authentic were forgeries or made by unreal persons and persons without authority to make the assignments relied upon by Mr. Cooper, in the scheme and artifice to defraud this debtor perpetrated by Mr. Cooper, Mr. XXXX and others.
18. Because Mr. Cooper 's motion fails to satisfy the foregoing requirements of FRBP Rule 4001, 9014, 3001 and 11 USC 362, and 11 USC 101 ( 10 ), the court must deny the Motion on these grounds before it reaches any merits determinations on the Motion. Debtor OBJECTS to the Motion as being non-compliant with the statutory requirements and procedural Rule requirements set forth in the foregoing.
19. Mr. Cooper 's reliance upon a lost note affidavit in the submitted supplemental documentation attached to the motion is noncompelling and invalid. New York State UCC law governs the lost note requirements in New York Bankruptcy cases. Because Mr. Cooper is relying upon a " lost note affidavit '' to prove its " secured creditor '' status to this court without complying with the requirements of NY UCC 3-804, Mr. Cooper lacks standing to pursue any actions in this case. The restrictions of res judicata forbid Mr. Cooper form relitigating this fact. In previous cases this very court already informed Mr. XXXX that it could not rule in favor of XXXX 's previous co-conspirators and co-schemers upon their Motion for relief from stay, namely XXXX Investors, XXXX, Seterus and Mr. Cooper and others, because they ALL failed to provide this court with security bond for indemnification in at least twice the amount of the claim as required under NY UCC 3-804 ( SEE : NY UCC 3-804 ). XXXX and Mr. Cooper lacked standing to have the stay removed then, and they do now, upon the same grounds. Debtor OBJECTS to disinterested person Mr. Cooper 's attempt to relitigate their lack of standing due to non-compliance with NY UCC 3-804, and requests that XXXX and Mr. Cooper 's motion be denied, with prejudice, based upon their schemes and false claims. Debtor asserts that Mr. Cooper can not obtain bond in order to comply with NY UCC 3-804 because their claims and supporting documents are forged and fraudulent, and that the bonding and insurance companies, being aware of this fact, can not legally endorse a bond based under those circumstances. See Exhibit ( A ) Transcripts XXXX XXXX XXXX on XX/XX/XXXX Page 21 lines 14-25 and page 22 lines 1-6 WHEREFORE, as set forth and supported above, based upon : 1 ) Mr. Cooper 's lack of standing as a creditor ; 2 ) Mr. Cooper 's lack of security to be deemed a secured creditor ; 3 ) Mr. Cooper 's failure to comply with the requirements of statutes and Federal Rules of Bankruptcy Procedure, as specified above ; 4 ) Mr. Cooper 's status as a disinterested person as defined under 11 USC 101 ( 14 ) ; and, 5 ) the fact that the Motion state a claim and seeks relief which can not be granted, 6 ) the fact that a merits determination can not be made due to non-compliance with the Rules and Procedures as set forth above ; 7 ) Mr. Coopers restrictions pursuant to the principal of res judicata concerning NY UCC 3-804 the debtor respectfully requests that this honorable court : 8 ) deny Mr. Cooper 's Motion, with prejudice ; 9 ) invoke the sanctions authorized under Rule 9014 ( d ) to their maximum ; 10 ) forbid any further submission of evidence of any claim by Mr. Cooper and/or Mr. XXXX, pursuant to Rule 9014 ( d ) ( 2 ) ; and, 11 ) Provide any other relief to the debtor that this court may deem just and proper.
I, XXXX XXXX born XX/XX/XXXX swear under the penalty of perjury that that my identity is as fore stated and is verified by the following witnesses or notary public. Furthermore, I agree to indemnify and hold anyone who uses this document to verify my identity harmless from any and all liabilities it may incur due to the reliance upon my statements.
Respectfully submitted XX/XX/XXXX, I XXXX XXXX XXXX, appearing pro XXXX, do hereby affirm that the foregoing is truthful and correct to the best of my knowledge and belief, under penalty of perjury. See 28 U.S. Code 1746 ( 1 ) FRAUD BY XXXX XXXX : Title 18 USC 157 Bankruptcy fraud provides that : A person who, having devised or intending to devise a scheme or artifice to defraud and for the purpose of executing or concealing such a scheme or artifice or attempting to do so -- ( 1 ) files a petition under Title 11 ; or ( 2 ) files a document proceeding under Title 11 ; or ( 3 ) makes a false or fraudulent representation, claim or promise concerning or in relation to a proceeding under Title 11, at any time before or after the filing of the petition, or in relation to a proceeding falsely asserted to be pending under such title, shall be fined under this title, imprisoned not more than 5 years, or both.
Title 18 USC 1014 Loan and credit applications generally ; renewals and discounts ; crop insurance provides that : Whoever knowingly makes any false statement or report, or willfully overvalues any land, property or security, for the purpose of influencing in any way the action of ... a Federal Reserve Bank ..., any institution insured by the Federal Deposit insurance Corporation ... or a mortgage lending business, or any person or entity that makes in whole or in part a federally related mortgage loan, as defined in the Real Estate Settlement Procedures Act of 1974 [ 12 USC 2602 ], upon any application, advance, discount, purchase, purchase agreement, commitment, loan ... or any change or extension of any of the same, by renewal, deferment of action or otherwise, or the acceptance, release, or substitution of security therefore, shall be fined not more than {>= $1,000,000} or imprisoned not more than 30 years or both.
Title 18 USC 1016 Acknowledgment of appearance or oath provides that : Whoever being an officer authorized to administer oaths or to take and certify acknowledgments, knowingly makes any false acknowledgement, certificate, or statement concerning the appearance before him or the taking of an oath or affirmation by any person with respect to any proposal, contract, bond, undertaking, or other matter submitted to, made with, or taken on behalf of the united States or by any Department or Agency thereof, concerning which an oath or affirmations required by law or lawful regulation, or with respect to the financial standing of any principal, surety, or other party to any such proposal, contract, bond, undertaking, or other instrument, shall be fined under this Title or imprisoned not more than two years, or both.
Title 18 USC 1018 Official certificates or writings provides that : Whoever being a public officer or other person authorized by any law of the United States to make or give a certificate or other writing, knowingly makes and delivers as true such a certificate or writing, containing any statement which he knows to be false, in a case where the punishment thereof is not elsewhere expressly provided by law, shall be fined under this Title or imprisoned not more than 1 year, or both.
Title 18 USC 1021 Title records provides that : Whoever, being an officer or other person authorized by any law of the United States to record a conveyance of real property or any other instrument which by such law may be recorded, knowingly certifies falsely that such conveyance or instrument has or has not been recorded, shall be fined under this Title or imprisoned not more than 5 years, or both.
Title 18 USC 1341 Frauds and swindles provides that : Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice to defraud or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives there from, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this Title or imprisoned not more than 20 years, or both.
T
itle 18 USC 1343 Fraud by wire, radio, or television provides that : Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, television communication in interstate commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this Title or imprisoned not more than 20 years, or both.
Title 18 USC 1349 Attempt and conspiracy provides that : " Any person who attempts or conspires to commit any offense under this Chapter shall be subject to the same penalties as those prescribed for the offense of which was the object of or intent of the conspiracy.
Title 18 USC 1021 Title records provides that : " Whoever, being an officer of the court [ i.e. attorney ] or other person authorized by any law of the United States to record a conveyance or any other instrument which by such law may be recorded, knowingly certifies that such conveyance or instrument has or has not been recorded, shall be fined under this title or imprisoned not more than 5 years, or both.
Title 18 USC 1962 Prohibited activities provides that : ( a ) It shall be unlawful for any person who has received any income derived, directly or indirectly, from a pattern of racketeering activity or through collection of an unlawful debt in which such person has participated as a principal within the meaning of section 2, title 18, United States Code, to use or invest, directly or indirectly, any part of such income, or the proceeds of such income, in acquisition of any interest in, or the establishment or operation of, any enterprise which is engaged in, or the activities of which affect, interstate or foreign commerce. A purchase of securities on the open market for purposes of investment, and without the intention of controlling or participating in the control of the issuer, or of assisting another to do so, shall not be unlawful under this subsection if the securities of the issuer held by the purchaser, the members of his immediate family, and his or their accomplices in any pattern or racketeering activity or the collection of an unlawful debt after such purchase do not amount in the aggregate to one percent of the outstanding securities of any one class, and do not confer, either in law or in fact, the power to elect one or more directors of the issuer.
( b ) It shall be unlawful for any person through a pattern of racketeering activity or through collection of an unlawful debt to acquire or maintain, directly or indirectly, any interest in or control of any enterprise which is engaged in, or the activities of which affect, interstate or foreign commerce.
( c ) It shall be unlawful for any person employed by or associated with any enterprise engaged in, or the activities of which affect, interstate or foreign commerce, to conduct or participate, directly or indirectly, in the conduct of such enterprises affairs through a pattern of racketeering activity or collection of unlawful debt.
( d ) It shall be unlawful for any person to conspire to violate any of the provisions of subsection ( a ), ( b ), or ( c ) of this section.
Title 18 USC 3057 Bankruptcy investigations provides that : ( a ) Any judge, receiver, or trustee having reasonable grounds for believing that any violation under chapter 9 of this title or other laws of the United States relating to insolvent debtors, receiverships or reorganization plans has been committed, or that an investigation should be had in connection therewith, shall report to the appropriate United States attorney all the facts and circumstances of the case, the names of the witnesses and the offense or offenses believed to have been committed. Where one of such officers has made such report, the others need not do so.
( b ) The United States attorney thereupon shall inquire into the facts and report thereon to the judge, and if it appears probable that any such offense has been committed, shall without delay, present the matter to the grand jury, unless upon inquiry and examination he decides that the ends of public justice do not require investigation or prosecution, in which case he shall report the facts to the Attorney General for his direction.
Title 28 USC 524 Judiciary and Judicial Procedure provides that : ( a ) Appropriations for the Department of Justice are available to the Attorney General for payment of -- ( 1 ) notarial fees, including such additional stenographic services as are required in connection therewith in the taking of depositions, and compensation and expenses of witnesses and informants, all at the rates authorized or approved by the Attorney General or the Assistant Attorney General for Administration ; and ( 2 ) when ordered by the court, actual expenses of meals and lodging for marshals, deputy marshals, or criers when acting as bailiffs in attendance on juries.
( b ) Except as provided in subsection ( a ) of this section, a claim of not more than {$500.00} for expenses related to litigation that is beyond the control of the Department may be paid out of appropriations currently available to the Department for expenses related to litigation when the Comptroller General settles the payment.
( c ) ( 1 ) There is established in the United States Treasury a special fund to be known as the Department of Justice Assets Forfeiture Fund ( hereafter in this subsection referred to as the Fund ) which shall be available to the Attorney General without fiscal year limitation for the following law enforcement purposes -- ( A ) the payment, at the discretion of the Attorney General, of any expenses necessary to seize, detain, inventory, safeguard, maintain, advertise, sell, or dispose of property under seizure, detention, or forfeited pursuant to any law enforced or administered by the Department of Justice, or of any other necessary expense incident to the seizure, detention, forfeiture, or disposal of such property including -- ( i ) payments for -- ( I ) contract services ; ( II ) the employment of outside contractors to operate and manage properties or provide other specialized services necessary to dispose of such properties in an effort to maximize the return from such properties ; and ( III ) reimbursement of any Federal, State, or local agency for any expenditures made to perform the functions described in this clause ; ( ii ) payments to reimburse any Federal agency participating in the Fund for investigative costs leading to seizures ; ( iii ) payments for contracting for the services of experts and consultants needed by the Department of Justice to assist in carrying out duties related to asset seizure and forfeiture ; and ( iv ) payments made pursuant to guidelines promulgated by the Attorney General if such payments are necessary and directly related to seizure and forfeiture program expenses for ( I ) the purchase or lease of automatic data processing systems ( not less than a majority of which use will be related to such program ) ; ( II ) training ; ( III ) printing ; ( IV ) the storage, protection, and destruction of controlled substances ; and ( V ) contracting for services directly related to the identification of forfeitable assets, and the processing of and accounting for forfeitures ; ( B ) the payment of awards for information or assistance directly relating to violations of the criminal drug laws of the United States or of chapter 77 of title 18, sections 1956 and 1957 of title 18, sections 5313 and 5324 of title 31, and section 6050I of the Internal Revenue Code of 1986 ; ( C ) at the discretion of the Attorney General, the payment of awards for information or assistance leading to a civil or criminal forfeiture involving any Federal agency participating in the Fund ; ( D ) the compromise and payment of valid liens and mortgages against property that has been forfeited pursuant to any law enforced or administered by the Department of Justice, subject to the discretion of the Attorney General to determine the validity of any such lien or mortgage and the amount of payment to be made, and the employment of attorneys and other personnel skilled in State real estate law as necessary ; ( E ) ( i ) for disbursements authorized in connection with remission or mitigation procedures relating to property forfeited under any law enforced or administered by the Department of Justice ; and ( ii ) for payment for ( I ) costs incurred by or on behalf of the Department of Justice in connection with the removal, for purposes of Federal forfeiture and disposition, of any hazardous substance or pollutant or contaminant associated with the illegal manufacture of amphetamine or methamphetamine ; and ( II ) costs incurred by or on behalf of a Stat
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| 04/19/2019 |
Yes |
- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
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- Problem with a credit reporting company's investigation into an existing problem
- Difficulty submitting a dispute or getting information about a dispute over the phone
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Web |
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Experian is paying consumers who were damaged {$1500.00} for reporting tax liens. I attempted to file complaint online. They required ( no choice ) to agree to their unilateral terms, and their terms of service agreement follows : Terms of Use Agreement Revised XX/XX/2019 ( Please note that our Terms of Use Agreement is also referred to as the " Terms and Conditions '' ) OVERVIEW AND ACCEPTANCE OF TERMS You agree that by creating an account with XXXX ( as defined below ), or accessing or using our Services ( as defined below ), website ( s ) ( such as this website, https : //usa.experian.com, or any affiliated website ( including, but not limited to, Experian.com, XXXXXXXX XXXX, XXXX XXXX, XXXX, usa.experian.com, and experian.experiandirect.com ) ), or mobile applications ( such as the Experian app ), as well as any content provided or accessible in connection with the website ( s ) or mobile application ( s ), including information, user interfaces, source code, reports, images, products, services, and data ( each website and mobile application referred to herein as a " Website, '' and collectively, as " Websites '' ), you represent to XXXX that you have read, understood, and expressly consent and agree to be bound by this Terms of Use Agreement, and the terms, conditions, and notices contained or referenced herein ( " Agreement '' ) whether you are a " Visitor '' ( which means that you simply browse or access a Website ), or a " Customer '' ( which means that you have created an account with XXXX, or enrolled or registered with a Website, or are accessing or using a Service ).
At Customer 's election, Customer may, from time to time, request to receive, and XXXX may provide, free services or services subject to a fee, whether a recurring fee or a one-time transactional fee ( each a " Service '' ) ), and Customer 's receipt and use of such Services shall, at all times, be subject to this Agreement. The term " Service '' includes, but is not limited to, the provision of any of our products and services, including credit report ( s ), credit risk score ( s ), credit monitoring, credit score monitoring and credit score tracking ( including all the data and information contained therein ), the receipt of any alerts notifying you of changes to the information contained in your credit report ( s ), regardless of the manner in which you receive the Services, whether by email or mail, through a website or mobile application, by telephone, or through any other mechanism by which a Service is delivered or provided to you. The term " you '' or " User '' refers to a Visitor or a Customer. For purposes of this Agreement, the terms " we, '' " us '' or " XXXX '' refer to XXXX, XXXX, an Experian company ( also known as Experian Consumer Services ), and referred to as " Experian '' on the Websites, its predecessors in interest, successors and assigns, and any of its third party service providers ( including, without limitation, cloud service providers ) who XXXX uses in connection with the provision of the Services to you. If you are a Visitor and do not wish to be bound by this Agreement, you should immediately cease accessing and using the Websites. Notwithstanding the immediate preceding sentence, if you are a Visitor and continue to access and use a Website, by virtue of your continued access and/or use of the Website, you are indicating your acceptance of this Agreement and agreement to be bound by the terms and conditions contained herein. If you wish to become a Customer and make use of the Services, you will be prompted during the registration process to agree, and must agree, to be bound by this Agreement.
For the avoidance of doubt, this Agreement expressly applies to : ( a ) your access to and use of the Websites ; ( b ) any and all transactions between you and XXXX through the Websites, including for the provision of any Services or of any credit, personal, financial or other information delivered as part of or in conjunction with free Services or paid Services, including any such information that may be archived to the extent made available on the Websites, such as ( i ) for your purchase of non-membership based Services such as the 3 Bureau Credit Report and FICO Scores, the FICO Industry or other Base FICO Scores and/or an Experian Credit Report and FICO Score, ( ii ) enrollment and use of free Services ( such as EXPERIAN XXXX Basic ), and/or enrollment, purchase and use of membership based Services ( such as EXPERIAN XXXX XXXX, Experian XXXX, or Experian XXXX XXXX XXXX ; and ( iii ) your access to and use of calculators, credit resources, text, pictures, graphics, logos, button items, icons, images, works of authorship and other information and all revisions, modifications, and enhancements thereto contained in the Websites.
You may not browse the Websites, or create an account or register with XXXX, or use or enroll in any Services, and you may not accept this Agreement, if you are not of a legal age to form a binding contract with XXXX. If you accept this Agreement, you represent that you have the capacity to be bound by it. Before you continue, you should print or save a local copy of this Agreement for your records.
THE SERVICES AND WEBSITES ARE SUBJECT TO ALL TERMS AND CONDITIONS CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. PLEASE READ THIS AGREEMENT CAREFULLY. YOUR ACCEPTANCE OF, ORDER OF, USE OF, AND/OR ACCESS TO, THE SERVICES AND WEBSITES CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT USE, ACCESS OR ORDER ANY SERVICE OR ACCESS OR USE THE WEBSITES. IF YOU HAVE ALREADY BEGUN ACCESSING OR USING THE SERVICES AND/OR WEBSITES AND DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, IMMEDIATELY CEASE USING THE SERVICE OR WEBSITE AND/OR DISCARD ANY INFORMATION OR PRODUCTS YOU RECEIVED VIA ANY SERVICE OR WEBSITE ( TO THE EXTENT APPLICABLE ), AND CALL CUSTOMER CARE AT XXXX TO CANCEL YOUR ACCOUNT WITH XXXX. NOTE, YOU MAY ALSO BE ABLE TO DEACTIVATE YOUR PAID SERVICE AND RETAIN YOUR ACCOUNT WITH ECS ONLINE, AS AND TO THE EXTENT EXPLAINED IN FURTHER DETAIL BELOW.
PERMISSIBLE PURPOSE AND CONSENTS You understand and agree that, by establishing an account with XXXX, or submitting your order or enrolling for any Service ( including an order for a Service that includes enrollment of your minor child in such Service ), you have provided " written instructions '' in accordance with the Fair Credit Reporting Act, as amended ( " FCRA '' ), for XXXX, and its service provider, XXXX XXXX, an Experian company ( " XXXX '' ), to obtain your credit report and/or credit score ( s ) ( or the credit report or credit score ( s ) of any minor children whom you have enrolled in a Service ) on a recurring basis to provide them to you while you have an account with XXXX, and such information may be obtained by Experian Information Solutions , Inc. ( " Experian Credit Bureau '' ) or any other credit reporting company. You understand and agree that, pursuant to such authorization, XXXX, and its service provider, XXXX, may access your credit profile ( and those of any minor children whom you have enrolled in a Service ), including without limitation, your credit report, credit score ( s ) and other related information, to, among other things, verify your identity ( or those of any minor children whom you have enrolled ) and to provide credit monitoring, credit scoring, credit score monitoring and tracking, identity monitoring, alerts for, among other things, dormant accounts, new accounts, inquiries, other changes to information contained in your credit report, fraud resolution, or card registry products. You understand and agree that XXXX, and its service provider, XXXX, may, from time to time, provide products, services, features and/or functionality to you, and that they shall be offered pursuant to the same authorization that you provided to XXXX for XXXX to obtain your credit report and/or credit score ( s ) on a recurring basis to provide them to you to review while you have an account with XXXX.
You further understand and agree that, by establishing an account with XXXX, or submitting your order or enrolling for any Service, you have provided " written instructions '' in accordance with the FCRA for XXXX to obtain and use the information you have provided, and your credit report and/or credit score ( s ) to notify you of credit opportunities and other products and services that may be available to you through XXXX or through unaffiliated third parties ( as explained in the section below entitled " General Description of Services '' ). In addition, you further understand and agree that, if you request certain loan offers as part of any Service, such as prequalified personal loan offers, you are authorizing XXXX to send your information to lending partners on your behalf, and have provided " written instructions '' in accordance with the FCRA to such lending partners to obtain information from your personal credit profile or other information from one or more consumer reporting agencies, such as XXXX, Experian or XXXX, solely to prequalify you for credit options, offers or other credit opportunities, including prequalified personal loan offers, and to share such credit opportunities with XXXX.
You understand and agree that XXXX receives compensation for the marketing of credit opportunities or other products or services available through third parties, and that this compensation may impact how and where such credit opportunities, products or services appear on a Website ( including, for example, the order in which they appear ). You further understand and agree that many but not all credit opportunities available through third parties, such as prequalified credit and personal loan offers, may be made available to you in a Service, and such Service will not include all credit opportunities available through third parties. Please note that prequalification for a credit opportunity available through a third party does not guarantee approval, and you will need to submit an application with such third party if you choose to apply for a prequalified offer ( and such application may result in a credit inquiry that can impact your credit score ( s ) ).
You further understand and agree that, by using the Experian Boost Service or other Services using Linked Accounts ( as defined below, including Financial Management Tools ), you ( i ) authorize XXXX and its service provider ( s ), including XXXX, to gain recurring access to your financial account ( s ) to obtain, use and store financial transactions ( " Consumer Consent Transaction Data '' ) to add and maintain transactions ( e.g. addition of certain utility and mobile telecom bill payment history ) to your Experian credit file, and if you elect to use Financial Management Tools for XXXX to monitor and provide alerts and insights for your financial transactions for your own review ( if Financial Management Tools are made available to you ) ; and ( ii ) designate XXXX, and its service provider ( s ), including XXXX, as your agent ( s ), and have provided " written instructions '' in accordance with the FCRA, to add and maintain information to your Experian credit file using Consumer Consent Transaction Data, and such information may be provided on your behalf by XXXX to the Experian Credit Bureau, and may be used and stored by the Experian Credit Bureau for any purposes lawfully permitted by the FCRA ( e.g. use in lending decisions of certain utility and mobile telecom bill payment history added to your Experian credit file using Experian Boost ), and/or to the same extent as any other information furnished to the Experian Credit Bureau for inclusion in your Experian credit file.
AMENDMENTS This Agreement may be updated from time to time. You should check this Website regularly for updates to this Agreement. Each time you order, access or use any of the Services or Websites, you signify your acceptance and agreement, without limitation or qualification, to be bound by the then current Agreement. Modifications take effect as soon as they are posted to this Website ( or any of the Websites, to the extent applicable to you ), delivered to you, or reasonably made available to you in writing by XXXX. However, no unilateral amendment will retroactively modify the parties ' agreed-to dispute resolution provisions of this Agreement for then-pending disputes, unless the parties expressly agree otherwise in writing. In all other respects, any modification or update to the arbitration provision shall be governed by subsection ( g ) of the Agreement 's " Dispute Resolution By Binding Arbitration '' Section below.
MODIFICATION OF SERVICES OR WEBSITES XXXX may, at its discretion, modify or discontinue any of the Services or Websites, or any portion thereof, with or without notice. You agree that XXXX will not be liable to you, your minor children or any third party for any modification or discontinuance of any of the Service or Websites.
GENERAL DESCRIPTION OF SERVICES The Services and Websites are meant to provide you a means to review your personal finance and/or credit information for educational purposes only, and to manage if and to the extent you so choose, and may notify you of credit opportunities and other products and services that may be available to you through XXXX or through third parties ( such as, among other things, advertisements or offers for available credit cards, loan options, financial products or services, or credit related products or services and other offers to Customers, the ability to track and collect certain consumer information specific to you, including but not limited to, credit score, loan and credit card monthly payment, total amount and interest rates ). The Services and Websites are meant for your personal use only. The Services and Websites may also provide you other third-party product information, such as the availability of loans and other financial products or services, or credit related products or services ( including credit repair or other credit education services ). This includes receiving offers free of charge for various credit or other financial products or services based upon your self-identified credit attributes ( and/or your consumer report or credit score ). These offers may also be generic and may not contain offers based on information specific to you.
We will identify those Services that are provided to you free of charge. Some of the Services ( including Experian XXXX XXXX, Experian XXXX, or Experian XXXX ) may require a fee at the time of Service purchase or enrollment, such as membership Services that require the payment of an ongoing fee for XXXX 's provision of such Services. By purchasing such Services and providing payment information, you represent that you are authorized to utilize the payment method presented and agree to pay the specified fee for paid Services, including any method offered or used through a mobile application. Furthermore, you agree and authorize us to, for time to time : ( i ) submit a transaction using the card information provided, ( ii ) in the case of automatic recurring transactions, submit a transaction on a recurring basis ( e.g., monthly or annual basis ) for membership renewals, ( iii ) if necessary, obtain updates from card issuers for cards provided to us, ( iv ) if necessary, bill you, in a prorated manner ( as required ), in accordance with the particular fee terms for the Service you are purchasing or enrolling in, including if you are transitioning between free or paid Services ( or vice versa ), when a recurring basis transaction is at issue, and ( v ) if necessary ( and applicable ) bill your mobile carrier or others via a mobile application if you authorize us to do so. You may cancel your subscription or enrollment for an ongoing paid Service at any time by calling Customer Care or by using any other method specified on the Websites or in the customer membership center.
For the sake of clarity, if at any time while you have an account with XXXX, you decide to cancel your membership in a paid Service, you will be automatically enrolled in a free Service, as the cancellation of the paid Service will not cancel your account with XXXX unless you so indicate. To de-activate your account in its entirety and no longer receive the free Service, you must de-activate your account by contacting Customer Care ( or logging into your online account to deactivate your account, if available ) and expressly de-activating your account to no longer receive such free Service. In all events, your account with XXXX, ( including your access to and use of any Services ( whether free or paid ) and Websites, and regardless of whether you upgrade or downgrade any Services while maintaining your account ), shall be governed by this Agreement ( and the terms and conditions contained herein ).
You acknowledge and agree that XXXX ( including its Services and/or Websites ) has not and does not provide you ( or any minor child enrolled in a Service ) legal, tax, financial, or other advice ( including, without limitation, advice on how to improve or repair your credit or credit scores ), and that its Services and/or Websites are not designed or intended to provide any such advice. As discussed above, and for your convenience, we may provide links to various other third party websites that may be of interest to you. The third party offers or links that may be displayed on a Website are from third party companies from which XXXX may receive compensation. Compensation may impact how, where or whether a third party product, service or link appears on a Website. There may be other offers generally available to you ( including those available in the marketplace ) that are not available to you on our Websites. XXXX does not make any guarantee or imply approval for any particular offer or opportunity made on our Websites. Further, XXXX does not represent, warrant or guarantee any level of potential savings or other benefit should you choose to apply for a particular offer. Any suggestion or representation of possible savings are for illustrative purposes only and may vary based on your individual financial circumstances and the terms made available to you by the applicable issuer or lender. XXXX disclaims all liability for any errors or omissions in any express or implied suggestions or representations related to possible savings made by XXXX or its marketing partners. For complete information on any particular offer, see the terms and conditions on the issuer or lender 's website. Once you click apply for any offers, you will be directed to the issuer or lender 's website where you may review the terms and conditions of the applicable opportunity or offer before applying.
While XXXX uses reasonable efforts to present the most accurate information, we show a summary to help you choose a third party service, not the full legal terms. XXXX does not control or endorse such websites and is not responsible for their content, nor is it responsible for the accuracy or reliability of any information, data, opinions, offers, advice, or statements contained within such websites, nor can XXXX guarantee your eligibility to take advantage of any of the information, data, opinions, offers, advice or statements contained within those websites. Please carefully read the terms and conditions or terms of use policies of any other third party company or website you may link to from our Websites. If you decide to access any of the third party sites linked to the Websites, you do so at your own risk. XXXX reserves the right to terminate any link or linking program at any time. XXXX disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such third party websites.
ACCOUNT WITH ECS ; USE OF THE SERVICES In consideration of your account with XXXX, and/or your order of, access to, and/or use of any Service or Website, you agree to provide true, accurate, complete and current information about yourself and any minor children you are enrolling, or have enrolled, in any Service, when prompted to do so by the registration and application forms or requested to do so by XXXX. If any information you provide is untrue, inaccurate or not current, or if XXXX has reasonable grounds to suspect that such information is untrue, inaccurate or not current, XXXX, at its sole discretion, has the right to suspend or terminate your account, or order of, use of, and/or access to, any Service or Website, and refuse all current or future orders of, use of, and/or access to, any Service or Website, or suspend or terminate any portion thereof. You acknowledge and agree that XXXX may, in its sole discretion, retain any information you provide to it or generated by XXXX ( or its affiliates/suppliers ) while you have an account with XXXX, including any information about you ( or any minor child you are enrolling, when enrolling in any Service ) and any credit card or payment or other information obtained in connection with your account and/or the provision of any Service. If XXXX does retain any such information, you acknowledge it is not obligated to retain that information for any specified period of time.
DISPUTE RESOLUTION BY BINDING ARBITRATION PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
SUMMARY : MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER 'S SATISFACTION BY CALLING XXXX 'S CUSTOMER CARE DEPARTMENT AT XXXX. IN THE UNLIKELY EVENT THAT XXXX 'S CUSTOMER CARE DEPARTMENT IS UNABLE TO RESOLVE A COMPLAINT YOU MAY HAVE REGARDING A SERVICE OR WEBSITE TO YOUR SATISFACTION ( OR IF XXXX HAS NOT BEEN ABLE TO RESOLVE A DISPUTE IT HAS WITH YOU AFTER ATTEMPTING TO DO SO INFORMALLY ), WE EACH AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS ; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. XXXX WILL PAY ALL COSTS OF ARBITRATION, NO MATTER WHO WINS, SO LONG AS YOUR CLAIM IS NOT FRIVOLOUS. HOWEVER, IN ARBITRATION, BOTH YOU AND ECS WILL BE ENTITLED TO RECOVER ATTORNEYS ' FEES FROM THE OTHER PARTY TO THE SAME EXTENT AS YOU WOULD BE IN COURT.
Arbitration Agreement : ( a ) XXXX and you agree to arbitrate all disputes and claims between us arising out of this Agreement directly related to the Services or Websites to the maximum extent permitted by law, except any disputes or claims which under governing law are not subject to arbitration. This agreement to arbitrate is intended to be broadly interpreted and to make all disputes and claims between us directly relating to the provision of any Service and/or your use of any Website subject to arbitration to the fullest extent permitted by law.. The agreement to arbitrate includes, but is not limited to : claims arising out of or relating to any aspect of the relationship between us arising out of any Service or Website, whether based in contract, tort, statute ( including, without limitation, the Credit Repair Organizations Act ) fraud, misrepresentation or any other legal theory ; claims that arose before this or any prior Agreement ( including, but not limited to, claims relating to advertising ) ; claims that are currently the subject of purported class action litigation in which you are not a member of a certified class ; and claims that may arise after the termination of this Agreement.
For purposes of this arbitration provision, references to " XXXX, '' " you, '' and " us '' shall include our respective parent entities, subsidiaries, affiliates ( including, without limitation, our service provider, XXXX ), agents, employees, predecessors in interest, successors and assigns, websites of the foregoing, as well as all authorized or unauthorized users or beneficiaries of Services and/or Websites or information under this or prior Agreements between us relating to Services and/or Websites. Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into this Agreement, you and XXXX are each waiving the right to a trial by jury or to participate in a class action to the maximum extent permitted by law. This Agreement evidences a transaction in interstate commerce, and thus the XXXX XXXX XXXX governs the interpretation and enforcement of this arbitration provision. This arbitration provision shall survive termination of this Agreement.
( b ) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ( " Notice '' ). The Notice to XXXX should be addressed to : General Counsel, Experian, XXXX XXXX XXXX, XXXX XXXX, CA XXXX ( " Notice Address '' ). The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief you seek from XXXX ( " Demand '' ). If XXXX and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or XXXX may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by XXXX or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or XXXX is entitled.
You may obtain more information about arbitration from www.adr.org.
( c ) After XXXX receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee. ( The filing fee currently is {$200.00} for claims under {$10000.00}, but is subject to change by the arbitration provider. If you are unable to pay this fee, XXXX will pay it directly upon receiving a written request at the Notice Address. ) The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes ( collectively, " XXXX Rules '' ) of the XXXX XXXX XXXX ( " XXXX '' ), as modified by this Agreement, and will be administered by the XXXX. If the XXXX is unavailable or refuses to arbitrate the parties ' dispute for any reason, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, but neither party shall unreasonably withhold their consent. If the parties can not agree to a mutually agreeable arbitration organization, one shall be appointed pursuant to Section 5 of the XXXX XXXX XXXX. In all events, the XXXX Rules shall govern the parties ' dispute. The XXXX Rules are available online at www.adr.org, by calling the XXXX at XXXX, or by writing to the Notice Address. The XXXX Rules may change from time to time, and you should review them periodically.
All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision as well as the Agreement 's other terms and conditions, and the arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforceability of this arbitration provision or any other term of this Agreement including, but not limited to any claim that all or any part of this arbitration provision or Agreement is void or voidable. However if putative class or representative claims are initially brought by either party in a court of law, and a motion to compel arbitration is brought by any party, then the court shall have the power to decide whether this agreement permits class or representative proceedings. The arbitrator shall be bound by the terms of this Agreement and shall follow the applicable law. In this regard, the arbitrator shall not have the power to commit errors of law or legal reasoning, and any award rendered by the arbitrator that employs an error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error. Unless XXXX and you agree otherwise, any arbitration hearings will take place in the county ( or parish ) of your billing address. If your claim is for {$10000.00} or less, we agree that you may choose whether the final arbitration hearing will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the XXXX Rules. If your claim exceeds {$10000.00}, the right to a hearing will be determined by the XXXX Rules. Except as otherwise provided for herein, XXXX will pay all XXXX filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose ( as measured by the standards set forth in Federal Rule of Civil Procedure 11 ( b ) ), then the payment of all such fees will be governed by the XXXX Rules. In such case, you agree to reimburse XXXX for all monies previously disbursed by it that are otherwise your obligation to pay under the XXXX Rules.
( d ) The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding or in the final award, pursuant to applicable law and the XXXX Rules.
( e ) Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the XXXX Rules.
( f ) YOU AND ECS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and XXXX agree otherwise, the arbitrator may not consolidate more than one person 's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party 's individual claim. If this specific subparagraph ( f ) is found to be unenforceable in its entirety, then the entirety of this arbitration provision shall be null and void. However, if only a portion of this subparagraph ( f ) is found to be unenforceable, then the unenforceable portion of the provision shall be stricken, and the remainder of subparagraph ( f ) enforced. Any claims not subject to individual arbitration under applicable law shall be stayed in a court of competent jurisdiction pending completion of the individual arbitration.
( g ) Notwithstanding any provision in this Agreement to the contrary, we agree that if XXXX makes any change to this arbitration provision ( other than a change to the Notice Address ) during your membership in any Service, including credit monitoring, or subsequent to your purchase of any Service, you may reject any such change and require XXXX to adhere to the language in this provision as written at the time of your enrollment or purchase if a dispute between us arises regarding such Service by providing Notice to XXXX at the Notice Address above prior to initiating your dispute.
FCRA DISCLOSURES The FCRA allows you to obtain a copy of all of the information in your consumer credit file disclosure from any consumer credit reporting company for a reasonable charge. The FCRA also states that individuals are entitled to receive a disclosure directly from the consumer credit reporting company
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| 05/12/2020 |
Yes |
- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
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- Incorrect information on your report
- Information belongs to someone else
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Web |
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As a public service, the staff of the Federal Trade Commission ( FTC ) has prepared the following complete text of the Fair Debt Collection Practices Act 1692-1692p.
Please note that the format of the text differs in minor ways from the U.S. Code and Wests U.S. Code Annotated. For example, this version uses FDCPA section numbers in the headings. In addition, the relevant U.S. Code citation is included with each section heading. Although the staff has made every effort to transcribe the statutory material accurately, this compendium is intended as a convenience for the public and not a substitute for the text in the U.S. Code.
Table of Contents 801. Short title 802. Congressional findings and declaration of purpose 803. Definitions 804. Acquisition of location information 805. Communication in connection with debt collection 806. Harassment or abuse 807. False or misleading representations 808. Unfair practices 809. Validation of debts 810. Multiple debts 811. Legal actions by debt collectors 812. Furnishing certain deceptive forms 813. Civil liability 814. Administrative enforcement 815. Reports to Congress by the Bureau ; views of other Federal agencies 816. Relation to State laws 817. Exemption for State regulation 818. Exception for certain bad check enforcement programs operated by private entities 819. Effective date 15 USC 1601 note 801. Short Title This subchapter may be cited as the " Fair Debt Collection Practices Act. '' 15 USC 1692 802. Congressional findings and declarations of purpose ( a ) Abusive practices There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy.
( b ) Inadequacy of laws Existing laws and procedures for redressing these injuries are inadequate to protect consumers.
( c ) Available non-abusive collection methods Means other than misrepresentation or other abusive debt collection practices are available for the effective collection of debts.
( d ) Interstate commerce Abusive debt collection practices are carried on to a substantial extent in interstate commerce and through means and instrumentalities of such commerce. Even where abusive debt collection practices are purely intrastate in character, they nevertheless directly affect interstate commerce.
( e ) Purposes It is the purpose of this subchapter to eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses.
15 USC 1692a 803. Definitions As used in this subchapter -- ( 1 ) The term " Bureau '' means the Bureau of Consumer Financial Protection.
( 2 ) The term " communication '' means the conveying of information regarding a debt directly or indirectly to any person through any medium.
( 3 ) The term " consumer '' means any natural person obligated or allegedly obligated to pay any debt.
( 4 ) The term " creditor '' means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another.
( 5 ) The term " debt '' means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment.
( 6 ) The term " debt collector '' means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause ( F ) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of section 1692f ( 6 ) of this title, such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests. The term does not include -- ( A ) any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor ; ( B ) any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of such person is not the collection of debts ; ( C ) any officer or employee of the United States or any State to the extent that collecting or attempting to collect any debt is in the performance of his official duties ; ( D ) any person while serving or attempting to serve legal process on any other person in connection with the judicial enforcement of any debt ; ( E ) any nonprofit organization which, at the request of consumers, performs bona fide consumer credit counseling and assists consumers in the liquidation of their debts by receiving payments from such consumers and distributing such amounts to creditors ; and ( F ) any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent such activity ( i ) is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement ; ( ii ) concerns a debt which was originated by such person ; ( iii ) concerns a debt which was not in default at the time it was obtained by such person ; or ( iv ) concerns a debt obtained by such person as a secured party in a commercial credit transaction involving the creditor.
( 7 ) The term " location information '' means a consumer 's place of abode and his telephone number at such place, or his place of employment.
( 8 ) The term " State '' means any State, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any political subdivision of any of the foregoing.
15 USC 1692b 804. Acquisition of location information Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall -- ( 1 ) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer ; ( 2 ) not state that such consumer owes any debt ; ( 3 ) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information ; ( 4 ) not communicate by post card ; ( 5 ) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt ; and ( 6 ) after the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorney 's name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to communication from the debt collector.
15 USC 1692c 805. Communication in connection with debt collection ( a ) Communication with the consumer generally Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt -- ( 1 ) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antemeridian and before 9 o'clock postmeridian, local time at the consumer 's location ; ( 2 ) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney 's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer ; or ( 3 ) at the consumer 's place of employment if the debt collector knows or has reason to know that the consumer 's employer prohibits the consumer from receiving such communication.
( b ) Communication with third parties Except as provided in section 1692b of this title, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.
( c ) Ceasing communication If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except -- ( 1 ) to advise the consumer that the debt collector 's further efforts are being terminated ; ( 2 ) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor ; or ( 3 ) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.
If such notice from the consumer is made by mail, notification shall be complete upon receipt.
( d ) Consumer defined For the purpose of this section, the term " consumer '' includes the consumer 's spouse, parent ( if the consumer is a minor ), guardian, executor, or administrator.
15 USC 1692d 806. Harassment or abuse A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.
( 2 ) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.
( 3 ) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 1681a ( f ) or 1681b ( 3 ) 1 of this title.
( 4 ) The advertisement for sale of any debt to coerce payment of the debt.
( 5 ) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.
( 6 ) Except as provided in section 1692b of this title, the placement of telephone calls without meaningful disclosure of the caller 's identity.
15 USC 1692e 807. False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.
( 2 ) The false representation of -- ( A ) the character, amount, or legal status of any debt ; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.
( 3 ) The false representation or implication that any individual is an attorney or that any communication is from an attorney.
( 4 ) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.
( 5 ) The threat to take any action that can not legally be taken or that is not intended to be taken.
( 6 ) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to -- ( A ) lose any claim or defense to payment of the debt ; or ( B ) become subject to any practice prohibited by this subchapter.
( 7 ) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.
( 8 ) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.
( 9 ) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.
( 10 ) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.
( 11 ) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.
( 12 ) The false representation or implication that accounts have been turned over to innocent purchasers for value.
( 13 ) The false representation or implication that documents are legal process.
( 14 ) The use of any business, company, or organization name other than the true name of the debt collector 's business, company, or organization.
( 15 ) The false representation or implication that documents are not legal process forms or do not require action by the consumer.
( 16 ) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a ( f ) of this title.
15 USC 1692f 808. Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The collection of any amount ( including any interest, fee, charge, or expense incidental to the principal obligation ) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.
( 2 ) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector 's intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit.
( 3 ) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution.
( 4 ) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument.
( 5 ) Causing charges to be made to any person for communications by concealment of the true purpose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.
( 6 ) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if -- ( A ) there is no present right to possession of the property claimed as collateral through an enforceable security interest ; ( B ) there is no present intention to take possession of the property ; or ( C ) the property is exempt by law from such dispossession or disablement.
( 7 ) Communicating with a consumer regarding a debt by post card.
( 8 ) Using any language or symbol, other than the debt collector 's address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business.
15 USC 1692g 809. Validation of debts ( a ) Notice of debt ; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -- ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumer 's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor.
( c ) Admission of liability The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.
( d ) Legal pleadings A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection ( a ).
( e ) Notice provisions The sending or delivery of any form or notice which does not relate to the collection of a debt and is expressly required by title 26, title V of Gramm-Leach-Bliley Act [ 15 U.S.C. 6801 et seq. ], or any provision of Federal or State law relating to notice of data security breach or privacy, or any regulation prescribed under any such provision of law, shall not be treated as an initial communication in connection with debt collection for purposes of this section.
15 USC 1692h 810. Multiple debts If any consumer owes multiple debts and makes any single payment to any debt collector with respect to such debts, such debt collector may not apply such payment to any debt which is disputed by the consumer and, where applicable, shall apply such payment in accordance with the consumer 's directions.
15 USC 1692i 811. Legal actions by debt collectors ( a ) Venue Any debt collector who brings any legal action on a debt against any consumer shall -- ( 1 ) in the case of an action to enforce an interest in real property securing the consumer 's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located ; or ( 2 ) in the case of an action not described in paragraph ( 1 ), bring such action only in the judicial district or similar legal entity -- ( A ) in which such consumer signed the contract sued upon ; or ( B ) in which such consumer resides at the commencement of the action.
( b ) Authorization of actions Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collectors.
15 USC 1692j 812. Furnishing certain deceptive forms ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating.
( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this subchapter.
15 USC 1692k 813. Civil liability ( a ) Amount of damages Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of -- ( 1 ) any actual damage sustained by such person as a result of such failure ; ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00} ; or ( B ) in the case of a class action, ( i ) such amount for each named plaintiff as could be recovered under subparagraph ( A ), and ( ii ) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of {$500000.00} or 1 per centum of the net worth of the debt collector ; and ( 3 ) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney 's fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney 's fees reasonable in relation to the work expended and costs.
( b ) Factors considered by court In determining the amount of liability in any action under subsection ( a ) of this section, the court shall consider, among other relevant factors -- ( 1 ) in any individual action under subsection ( a ) ( 2 ) ( A ) of this section, the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, and the extent to which such noncompliance was intentional ; or ( 2 ) in any class action under subsection ( a ) ( 2 ) ( B ) of this section, the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, the resources of the debt collector, the number of persons adversely affected, and the extent to which the debt collector 's noncompliance was intentional.
( c ) Intent A debt collector may not be held liable in any action brought under this subchapter if the debt collector shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.
( d ) Jurisdiction An action to enforce any liability created by this subchapter may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within one year from the date on which the violation occurs.
( e ) Advisory opinions of Bureau No provision of this section imposing any liability shall apply to any act done or omitted in good faith in conformity with any advisory opinion of the Bureau, notwithstanding that after such act or omission has occurred, such opinion is amended, rescinded, or determined by judicial or other authority to be invalid for any reason.
15 USC 1692l 814. Administrative enforcement ( a ) Federal Trade Commission The Federal Trade Commission shall be authorized to enforce compliance with this subchapter, except to the extent that enforcement of the requirements imposed under this subchapter is specifically committed to another Government agency under any of paragraphs ( 1 ) through ( 5 ) of subsection ( b ), subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ]. For purpose of the exercise by the Federal Trade Commission of its functions and powers under the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ), a violation of this subchapter shall be deemed an unfair or deceptive act or practice in violation of that Act. All of the functions and powers of the Federal Trade Commission under the Federal Trade Commission Act are available to the Federal Trade Commission to enforce compliance by any person with this subchapter, irrespective of whether that person is engaged in commerce or meets any other jurisdictional tests under the Federal Trade Commission Act, including the power to enforce the provisions of this subchapter, in the same manner as if the violation had been a violation of a Federal Trade Commission trade regulation rule.
( b ) Applicable provisions of law Subject to subtitle B of the Consumer Financial Protection Act of 2010, compliance with any requirements imposed under this subchapter shall be enforced under -- ( 1 ) section 8 of the Federal Deposit Insurance Act [ 12 U.S.C. 1818 ], by the appropriate Federal banking agency, as defined in section 3 ( q ) of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ( q ) ), with respect to -- ( A ) national banks, Federal savings associations, and Federal branches and Federal agencies of foreign banks ; ( B ) member banks of the Federal Reserve System ( other than national banks ), branches and agencies of foreign banks ( other than Federal branches, Federal agencies, and insured State branches of foreign banks ), commercial lending companies owned or controlled by foreign banks, and organizations operating under section 25 or 25A of the Federal Reserve Act [ 12 U.S.C. 601 et seq., 611 et seq. ] ; and ( C ) banks and State savings associations insured by the Federal Deposit Insurance Corporation ( other than members of the Federal Reserve System ), and insured State branches of foreign banks ; ( 2 ) the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], by the Administrator of the National Credit Union Administration with respect to any Federal credit union ; ( 3 ) subtitle IV of title 49, by the Secretary of Transportation, with respect to all carriers subject to the jurisdiction of the Surface Transportation Board ; ( 4 ) part A of subtitle VII of title 49, by the Secretary of Transportation with respect to any air carrier or any foreign air carrier subject to that part ; ( 5 ) the Packers and Stockyards Act, 1921 [ 7 U.S.C. 181 et seq. ] ( except as provided in section 406 of that Act [ 7 U.S.C. 226, 227 ] ), by the Secretary of Agriculture with respect to any activities subject to that Act ; and ( 6 ) subtitle E of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5561 et seq. ], by the Bureau, with respect to any person subject to this subchapter. The terms used in paragraph ( 1 ) that are not defined in this subchapter or otherwise defined in section 3 ( s ) of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ( s ) ) shall have the meaning given to them in section 1 ( b ) of the International Banking Act of 1978 ( 12 U.S.C. 3101 ).
( c ) Agency powers For the purpose of the exercise by any agency referred to in subsection ( b ) of this section of its powers under any Act referred to in that subsection, a violation of any requirement imposed under this subchapter shall be deemed to be a violation of a requirement imposed under that Act. In addition to its powers under any provision of law specifically referred to in subsection ( b ) of this section, each of the agencies referred to in that subsection may exercise, for the purpose of enforcing compliance with any requirement imposed under this subchapter any other authority conferred on it by law, except as provided in subsection ( d ) of this section.
( d ) Rules and regulations Except as provided in section 1029 ( a ) of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5519 ( a ) ], the Bureau may prescribe rules with respect to the collection of debts by debt collectors, as defined in this subchapter.
15 USC 1692m 815. Reports to Congress by the Bureau ; views of other Federal agencies ( a ) Not later than one year after the effective date of this subchapter and at one-year intervals thereafter, the Bureau shall make reports to the Congress concerning the administration of its functions under this subchapter, including such recommendations as the Bureau deems necessary or appropriate. In addition, each report of the Bureau shall include its assessment of the extent to which compliance with this subchapter is being achieved and a summary of the enforcement actions taken by the Bureau under section 1692l of this title.
( b ) In the exercise of its functions under this subchapter, the Bureau may obtain upon request the views of any other Federal agency which exercises enforcement functions under section 1692l of this title.
15 USC 1692n 816. Relation to State laws This subchapter does not annul, alter, or affect, or exempt any person subject to the provisions of this subchapter from complying with the laws of any State with respect to debt collection practices, except to the extent that those laws are inconsistent with any provision of this subchapter, and then only to the extent of the inconsistency. For purposes of this section, a State law is not inconsistent with this subchapter if the protection such law affords any consumer is greater than the protection provided by this subchapter.
15 USC 1692o 817. Exemption for State regulation The Bureau shall by regulation exempt from the requirements of this subchapter any clas
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As a public service, the staff of the Federal Trade Commission ( FTC ) has prepared the following complete text of the Fair Debt Collection Practices Act 1692-1692p.
Please note that the format of the text differs in minor ways from the U.S. Code and Wests U.S. Code Annotated. For example, this version uses FDCPA section numbers in the headings. In addition, the relevant U.S. Code citation is included with each section heading. Although the staff has made every effort to transcribe the statutory material accurately, this compendium is intended as a convenience for the public and not a substitute for the text in the U.S. Code.
Table of Contents 801. Short title 802. Congressional findings and declaration of purpose 803. Definitions 804. Acquisition of location information 805. Communication in connection with debt collection 806. Harassment or abuse 807. False or misleading representations 808. Unfair practices 809. Validation of debts 810. Multiple debts 811. Legal actions by debt collectors 812. Furnishing certain deceptive forms 813. Civil liability 814. Administrative enforcement 815. Reports to Congress by the Bureau ; views of other Federal agencies 816. Relation to State laws 817. Exemption for State regulation 818. Exception for certain bad check enforcement programs operated by private entities 819. Effective date 15 USC 1601 note 801. Short Title This subchapter may be cited as the " Fair Debt Collection Practices Act. '' 15 USC 1692 802. Congressional findings and declarations of purpose ( a ) Abusive practices There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy.
( b ) Inadequacy of laws Existing laws and procedures for redressing these injuries are inadequate to protect consumers.
( c ) Available non-abusive collection methods Means other than misrepresentation or other abusive debt collection practices are available for the effective collection of debts.
( d ) Interstate commerce Abusive debt collection practices are carried on to a substantial extent in interstate commerce and through means and instrumentalities of such commerce. Even where abusive debt collection practices are purely intrastate in character, they nevertheless directly affect interstate commerce.
( e ) Purposes It is the purpose of this subchapter to eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses.
15 USC 1692a 803. Definitions As used in this subchapter -- ( 1 ) The term " Bureau '' means the Bureau of Consumer Financial Protection.
( 2 ) The term " communication '' means the conveying of information regarding a debt directly or indirectly to any person through any medium.
( 3 ) The term " consumer '' means any natural person obligated or allegedly obligated to pay any debt.
( 4 ) The term " creditor '' means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another.
( 5 ) The term " debt '' means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment.
( 6 ) The term " debt collector '' means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause ( F ) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of section 1692f ( 6 ) of this title, such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests. The term does not include -- ( A ) any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor ; ( B ) any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of such person is not the collection of debts ; ( C ) any officer or employee of the United States or any State to the extent that collecting or attempting to collect any debt is in the performance of his official duties ; ( D ) any person while serving or attempting to serve legal process on any other person in connection with the judicial enforcement of any debt ; ( E ) any nonprofit organization which, at the request of consumers, performs bona fide consumer credit counseling and assists consumers in the liquidation of their debts by receiving payments from such consumers and distributing such amounts to creditors ; and ( F ) any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent such activity ( i ) is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement ; ( ii ) concerns a debt which was originated by such person ; ( iii ) concerns a debt which was not in default at the time it was obtained by such person ; or ( iv ) concerns a debt obtained by such person as a secured party in a commercial credit transaction involving the creditor.
( 7 ) The term " location information '' means a consumer 's place of abode and his telephone number at such place, or his place of employment.
( 8 ) The term " State '' means any State, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any political subdivision of any of the foregoing.
15 USC 1692b 804. Acquisition of location information Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall -- ( 1 ) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer ; ( 2 ) not state that such consumer owes any debt ; ( 3 ) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information ; ( 4 ) not communicate by post card ; ( 5 ) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt ; and ( 6 ) after the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorney 's name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to communication from the debt collector.
15 USC 1692c 805. Communication in connection with debt collection ( a ) Communication with the consumer generally Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt -- ( 1 ) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antemeridian and before 9 o'clock postmeridian, local time at the consumer 's location ; ( 2 ) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney 's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer ; or ( 3 ) at the consumer 's place of employment if the debt collector knows or has reason to know that the consumer 's employer prohibits the consumer from receiving such communication.
( b ) Communication with third parties Except as provided in section 1692b of this title, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.
( c ) Ceasing communication If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except -- ( 1 ) to advise the consumer that the debt collector 's further efforts are being terminated ; ( 2 ) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor ; or ( 3 ) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.
If such notice from the consumer is made by mail, notification shall be complete upon receipt.
( d ) Consumer defined For the purpose of this section, the term " consumer '' includes the consumer 's spouse, parent ( if the consumer is a minor ), guardian, executor, or administrator.
15 USC 1692d 806. Harassment or abuse A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.
( 2 ) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.
( 3 ) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 1681a ( f ) or 1681b ( 3 ) 1 of this title.
( 4 ) The advertisement for sale of any debt to coerce payment of the debt.
( 5 ) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.
( 6 ) Except as provided in section 1692b of this title, the placement of telephone calls without meaningful disclosure of the caller 's identity.
15 USC 1692e 807. False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.
( 2 ) The false representation of -- ( A ) the character, amount, or legal status of any debt ; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.
( 3 ) The false representation or implication that any individual is an attorney or that any communication is from an attorney.
( 4 ) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.
( 5 ) The threat to take any action that can not legally be taken or that is not intended to be taken.
( 6 ) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to -- ( A ) lose any claim or defense to payment of the debt ; or ( B ) become subject to any practice prohibited by this subchapter.
( 7 ) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.
( 8 ) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.
( 9 ) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.
( 10 ) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.
( 11 ) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.
( 12 ) The false representation or implication that accounts have been turned over to innocent purchasers for value.
( 13 ) The false representation or implication that documents are legal process.
( 14 ) The use of any business, company, or organization name other than the true name of the debt collector 's business, company, or organization.
( 15 ) The false representation or implication that documents are not legal process forms or do not require action by the consumer.
( 16 ) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a ( f ) of this title.
15 USC 1692f 808. Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The collection of any amount ( including any interest, fee, charge, or expense incidental to the principal obligation ) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.
( 2 ) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector 's intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit.
( 3 ) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution.
( 4 ) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument.
( 5 ) Causing charges to be made to any person for communications by concealment of the true purpose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.
( 6 ) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if -- ( A ) there is no present right to possession of the property claimed as collateral through an enforceable security interest ; ( B ) there is no present intention to take possession of the property ; or ( C ) the property is exempt by law from such dispossession or disablement.
( 7 ) Communicating with a consumer regarding a debt by post card.
( 8 ) Using any language or symbol, other than the debt collector 's address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business.
15 USC 1692g 809. Validation of debts ( a ) Notice of debt ; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -- ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumer 's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor.
( c ) Admission of liability The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.
( d ) Legal pleadings A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection ( a ).
( e ) Notice provisions The sending or delivery of any form or notice which does not relate to the collection of a debt and is expressly required by title 26, title V of Gramm-Leach-Bliley Act [ 15 U.S.C. 6801 et seq. ], or any provision of Federal or State law relating to notice of data security breach or privacy, or any regulation prescribed under any such provision of law, shall not be treated as an initial communication in connection with debt collection for purposes of this section.
15 USC 1692h 810. Multiple debts If any consumer owes multiple debts and makes any single payment to any debt collector with respect to such debts, such debt collector may not apply such payment to any debt which is disputed by the consumer and, where applicable, shall apply such payment in accordance with the consumer 's directions.
15 USC 1692i 811. Legal actions by debt collectors ( a ) Venue Any debt collector who brings any legal action on a debt against any consumer shall -- ( 1 ) in the case of an action to enforce an interest in real property securing the consumer 's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located ; or ( 2 ) in the case of an action not described in paragraph ( 1 ), bring such action only in the judicial district or similar legal entity -- ( A ) in which such consumer signed the contract sued upon ; or ( B ) in which such consumer resides at the commencement of the action.
( b ) Authorization of actions Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collectors.
15 USC 1692j 812. Furnishing certain deceptive forms ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating.
( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this subchapter.
15 USC 1692k 813. Civil liability ( a ) Amount of damages Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of -- ( 1 ) any actual damage sustained by such person as a result of such failure ; ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00} ; or ( B ) in the case of a class action, ( i ) such amount for each named plaintiff as could be recovered under subparagraph ( A ), and ( ii ) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of {$500000.00} or 1 per centum of the net worth of the debt collector ; and ( 3 ) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney 's fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney 's fees reasonable in relation to the work expended and costs.
( b ) Factors considered by court In determining the amount of liability in any action under subsection ( a ) of this section, the court shall consider, among other relevant factors -- ( 1 ) in any individual action under subsection ( a ) ( 2 ) ( A ) of this section, the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, and the extent to which such noncompliance was intentional ; or ( 2 ) in any class action under subsection ( a ) ( 2 ) ( B ) of this section, the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, the resources of the debt collector, the number of persons adversely affected, and the extent to which the debt collector 's noncompliance was intentional.
( c ) Intent A debt collector may not be held liable in any action brought under this subchapter if the debt collector shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.
( d ) Jurisdiction An action to enforce any liability created by this subchapter may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within one year from the date on which the violation occurs.
( e ) Advisory opinions of Bureau No provision of this section imposing any liability shall apply to any act done or omitted in good faith in conformity with any advisory opinion of the Bureau, notwithstanding that after such act or omission has occurred, such opinion is amended, rescinded, or determined by judicial or other authority to be invalid for any reason.
15 USC 1692l 814. Administrative enforcement ( a ) Federal Trade Commission The Federal Trade Commission shall be authorized to enforce compliance with this subchapter, except to the extent that enforcement of the requirements imposed under this subchapter is specifically committed to another Government agency under any of paragraphs ( 1 ) through ( 5 ) of subsection ( b ), subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ]. For purpose of the exercise by the Federal Trade Commission of its functions and powers under the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ), a violation of this subchapter shall be deemed an unfair or deceptive act or practice in violation of that Act. All of the functions and powers of the Federal Trade Commission under the Federal Trade Commission Act are available to the Federal Trade Commission to enforce compliance by any person with this subchapter, irrespective of whether that person is engaged in commerce or meets any other jurisdictional tests under the Federal Trade Commission Act, including the power to enforce the provisions of this subchapter, in the same manner as if the violation had been a violation of a Federal Trade Commission trade regulation rule.
( b ) Applicable provisions of law Subject to subtitle B of the Consumer Financial Protection Act of 2010, compliance with any requirements imposed under this subchapter shall be enforced under -- ( 1 ) section 8 of the Federal Deposit Insurance Act [ 12 U.S.C. 1818 ], by the appropriate Federal banking agency, as defined in section 3 ( q ) of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ( q ) ), with respect to -- ( A ) national banks, Federal savings associations, and Federal branches and Federal agencies of foreign banks ; ( B ) member banks of the Federal Reserve System ( other than national banks ), branches and agencies of foreign banks ( other than Federal branches, Federal agencies, and insured State branches of foreign banks ), commercial lending companies owned or controlled by foreign banks, and organizations operating under section 25 or 25A of the Federal Reserve Act [ 12 U.S.C. 601 et seq., 611 et seq. ] ; and ( C ) banks and State savings associations insured by the Federal Deposit Insurance Corporation ( other than members of the Federal Reserve System ), and insured State branches of foreign banks ; ( 2 ) the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], by the Administrator of the National Credit Union Administration with respect to any Federal credit union ; ( 3 ) subtitle IV of title 49, by the Secretary of Transportation, with respect to all carriers subject to the jurisdiction of the Surface Transportation Board ; ( 4 ) part A of subtitle VII of title 49, by the Secretary of Transportation with respect to any air carrier or any foreign air carrier subject to that part ; ( 5 ) the Packers and Stockyards Act, 1921 [ 7 U.S.C. 181 et seq. ] ( except as provided in section 406 of that Act [ 7 U.S.C. 226, 227 ] ), by the Secretary of Agriculture with respect to any activities subject to that Act ; and ( 6 ) subtitle E of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5561 et seq. ], by the Bureau, with respect to any person subject to this subchapter. The terms used in paragraph ( 1 ) that are not defined in this subchapter or otherwise defined in section 3 ( s ) of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ( s ) ) shall have the meaning given to them in section 1 ( b ) of the International Banking Act of 1978 ( 12 U.S.C. 3101 ).
( c ) Agency powers For the purpose of the exercise by any agency referred to in subsection ( b ) of this section of its powers under any Act referred to in that subsection, a violation of any requirement imposed under this subchapter shall be deemed to be a violation of a requirement imposed under that Act. In addition to its powers under any provision of law specifically referred to in subsection ( b ) of this section, each of the agencies referred to in that subsection may exercise, for the purpose of enforcing compliance with any requirement imposed under this subchapter any other authority conferred on it by law, except as provided in subsection ( d ) of this section.
( d ) Rules and regulations Except as provided in section 1029 ( a ) of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5519 ( a ) ], the Bureau may prescribe rules with respect to the collection of debts by debt collectors, as defined in this subchapter.
15 USC 1692m 815. Reports to Congress by the Bureau ; views of other Federal agencies ( a ) Not later than one year after the effective date of this subchapter and at one-year intervals thereafter, the Bureau shall make reports to the Congress concerning the administration of its functions under this subchapter, including such recommendations as the Bureau deems necessary or appropriate. In addition, each report of the Bureau shall include its assessment of the extent to which compliance with this subchapter is being achieved and a summary of the enforcement actions taken by the Bureau under section 1692l of this title.
( b ) In the exercise of its functions under this subchapter, the Bureau may obtain upon request the views of any other Federal agency which exercises enforcement functions under section 1692l of this title.
15 USC 1692n 816. Relation to State laws This subchapter does not annul, alter, or affect, or exempt any person subject to the provisions of this subchapter from complying with the laws of any State with respect to debt collection practices, except to the extent that those laws are inconsistent with any provision of this subchapter, and then only to the extent of the inconsistency. For purposes of this section, a State law is not inconsistent with this subchapter if the protection such law affords any consumer is greater than the protection provided by this subchapter.
15 USC 1692o 817. Exemption for State regulation The Bureau shall by regulation exempt from the requirements of this subchapter any clas
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- Debt collection
- I do not know
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- Took or threatened to take negative or legal action
- Seized or attempted to seize your property
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Santander Consumer USA is holding my vehicle unlawfully and refuses to disclose the location of my vehicle. I am the Bona fide Lien Holder of the vehicle. I have the physical possession of the title, and the lien satisfaction letter. Santander Consumer USA is trying desperately to avoid detection by the CFPB regarding numerous violations. On XX/XX/XXXX, Santander Consumer USA unlawfully repossessed my vehicle. I financed my vehicle through Gateway One Lending & XXXX. Santander USA has never been my lien-holder. Santander acquired Gateway One in XX/XX/XXXX. I later discovered thru XXXX report, Lien with Gateway One satisfied on XX/XX/XXXX. Santander Consumer USA assigned XXXX XXXX XXXX to do the Repo. XXXX XXXX assigned XXXX XXXX XXXX ( XXXX ) to do tow recovery. Notably, XXXX tow driver initially reported to his employer XXXX, XXXX XXXX and Santander that he retrieved the vehicle from XXXX XXXX XXXX on XX/XX/XXXX at XXXX pm. But the Repossession Notification indicated that tow agent recovered vehicle on XX/XX/XXXX at XXXX pm. Tow driver also reported that police were notified of the tow on XX/XX/XXXX. And it was not until after I spoke with XXXX Compliance ( XXXX XXXX on XXXX, did XXXX on XXXX call police dispatch and change the location of where the tow driver reported the vehicle was recovered. On XXXX, XXXX ( XXXX XXXX stated that tow driver reported that he towed the vehicle from XXXX XXXX XXXX at XXXX pm. And XXXX was surprised to discover that vehicle was not recovered from that location. XXXX asked for the address and I informed that vehicle taken from a restaurant parking lot. Also, I informed that there was a breach of the peace on XX/XX/XXXX. XXXX ( XXXX XXXX confirmed that tow agent did not report there was an altercation in the restaurant parking lot on XX/XX/XXXX. Also, on XXXX, earlier that day, I spoke with Santander USA and XXXX XXXX who both said that XXXX tow driver reported vehicle taken from XXXX XXXX XXXX on XX/XX/XXXX at XXXX pm. Also, both Santander and XXXX said the tow driver did not notify of the breach of the peace that occurred on XX/XX/XXXX. Both Santander and XXXX said that tow agent reported that he notified police on XX/XX/XXXX. In response to the breach of the peace, Santander said in its CFPB response dated XX/XX/XXXX, It had no control over the policy or procedures of the repossession vendor, nor can we, confirm any of the actions, or comments mentioned in my statement against XXXX XXXX XXXX as they are a separate entity. However, on XX/XX/XXXX. XXXX of the Executive Office called and said she was informed of the altercation between the tow agent and me. XXXX asked and I confirmed that a police report for a stolen vehicle was filed on XX/XX/XXXX. XXXX said that she would send a claim packet so that I could make a claim against XXXX XXXX and the tow agent XXXX XXXX XXXX XXXX, XXXX ). But Santanders Executive Office ( aka so-called internal legal department XXXX never sent the claim packet. Also, notably, when asked, XXXX said that they did not have an internal legal department. Santanders Executive Office was complicit in the coverup of the breach of the peace and unlawful tow. XXXX said in its CFPB response dated XX/XX/XXXX, After the repossession was complete and the vehicle was on hook and the driver was leaving the parking lot, that it noticed someone yelling, but could not ascertain to whom the person was calling. But during the call dated XX/XX/XXXX, XXXX Compliance ( XXXX XXXX said the driver reported that he informed me that it was a repossession and left automatically. I said I never had a conversation with the tow driver. And had I been informed of a repossession, I would not have made a stolen vehicle report on XX/XX/XXXX. XXXX retorted there was another person with me. How would XXXX know this if the tow driver reported earlier to his employer XXXX and XXXX XXXX that he never had any contact with me? I asked XXXX if police were called and XXXX hesitantly said the police were called on XX/XX/XXXX. I said the XXXX XXXX Police Incident Detail Report showed that police dispatch were notified on XXXX. Caught in a LIE, XXXX requested that I email the Incident Report to her. On XXXX XXXX tow agent reported to XXXX XXXX Police Dispatch that he towed/recovered my vehicle from XXXX Restaurant XXXX XXXX XXXX XXXX XXXX XXXX SC XXXX XXXX XXXX pm, giving the appearance that he towed the vehicle on that day. Totally contradicting his earlier report that he took the vehicle from XXXX XXXX on XX/XX/XXXX at XXXX pm. Note : The tow occurred on XX/XX/XXXX, not on XXXX. So, this tow agent, his employer XXXX, XXXX XXXX and Santander USA had my vehicle in their unlawful possession for XXXX ( XXXX ) days before the tow was reported to police dispatch. The Incident Detail Report also noted the discrepancy that tow Occurred on XX/XX/XXXX, but tow driver called in today ( XX/XX/XXXX ), XXXX days later than what tow driver reported to XXXX, XXXX and Santander. XXXX, XXXX XXXX and Santander had my vehicle in their unlawful possession for 5 days before the tow agent reported on XXXX. And my vehicle continued to be in their unlawful possession since their actions violated city, state and federal laws. And on XX/XX/XXXX, Santander secretly and maliciously transported my vehicle across state line for auction. On XX/XX/XXXX XXXX checked the VIN and noted that I am the Title Holder and Gateway One the loan originator. Neither XXXX XXXX nor XXXX checked the VIN before they assigned and/or executed the repossession. On XXXX, after I advised the XXXX tow yard manager ( XXXX ) that tow driver falsely reported where he retrieved the vehicle and he breached the peace, XXXX gave me the number for XXXX Compliance and advised that I call. XXXX said the tow driver was already in a little bit of trouble, and retorted you didnt hear that from me. I called XXXX Compliance and spoke with XXXX who noted the discrepancies in the tow drivers report. XXXX said she needed to do further investigation, and she would call back shortly. Two hours later I called back and noticeably XXXX had a different demeanor. After speaking with XXXX Compliance, I advised XXXX that I spoke with Compliance ( XXXX ). On XXXX, XXXX said the following : XXXX had not sent over RELEASE and she had informed her home office too, just to make sure. And they do, XXXX automatically uploads onto the system. So we just pull it, soon as it goes on it, we see it. And its not on it. So you may want to call XXXX and ask them wheres the RELEASE? XXXX said once she had that she could release it ( Vehicle ) to me no problem. So, on XXXX XXXX acknowledged that tow/repossession was unlawful and XXXX had XXXX lawful right to continue to hold my vehicle. But XXXX at the behest of Santander USA and XXXX XXXX refused to release my vehicle on XXXX. And on XXXX, XXXX XXXX, XXXX complicit with Santander Consumer USA covered up the unlawful repossession ( THEFT ) and the breach of the peace. And on XX/XX/XXXX XXXX XXXX at the behest of Santander USA transported the vehicle across state line to XXXX XXXX for auction. On XX/XX/XXXX, I faxed documents to Santander USA and XXXX showing that I am the owner of vehicle. I also spoke with XXXX XXXX who said it would not release vehicle until it received authorization from Santander. I also called XXXX to confirm receipt of the fax. I spoke with Compliance ( XXXX XXXX who was rude and exhibited XXXX overtones. XXXX said she would not release the vehicle until Santander told her to do so. I also called Santander on XX/XX/XXXX. Notably, the call disconnected twice. I spoke with XXXX of Santanders Executive Office who said that Santander was still reviewing the CFPB COMPLAINT filed on XX/XX/XXXX. XXXX asked for an additional 48 hours to review the complaint. XXXX said she would have a response by Tuesday XX/XX/XXXX. But I received no response to my CFPB complaint and on XX/XX/XXXX, Santander instructed XXXX XXXX to transport my vehicle across state line for auction. I did not receive any notice from Santander regarding auction location, date and time. Santander Lied on XX/XX/XXXX, to prevent me from getting my vehicle over the weekend. On XXXX, I filed a CFPB complaint. On XXXX, I received an encrypted secured message from XXXX of Santanders Executive Office. XXXX said, My name is XXXX and Im your resolution specialist here at Santander Consumer USA.
Could you please provide me the best phone number to reach you, as well as the best time to contact you. Please note that XXXX secured message was sent only two days after I filed the CFPB complaint dated XXXX.
On XX/XX/XXXX, I called XXXX direct extension and informed that he was unavailable. The call was transferred and I spoke with XXXX of Santanders Executive Office. XXXX said the feedback expressed that I wanted to speak to someone about an issue on the account. He said that XXXX reached out to get some further details of what that issue was and how we can assist you.
I said that was not my complaint. I did not reach out to Santander to provide or get any feedback. I made a CFPB complaint against Santander for violations, and Santander reached out to me. I filed a CFPB complaint on XX/XX/XXXX and received a secured message shortly after. I said I didnt know what feedback Santanders waiting on because I dont have any feedback to provide to them.
I noted in Santanders CFPB response dated XX/XX/XXXX, that Santander asserted, effectively XX/XX/XXXX, all titles held by Gateway were sent to Santander Consumer USA. Further, Santander said that when the account balance is satisfied, it will process the release of the title including removing the lien held by Gateway. Notably, Santander USA inadvertently admitted that the TitlXXXX was held by Gateway.
On XX/XX/XXXX I spoke with SC XXXX who said the Title was released to me on XX/XX/XXXX, and asked if I received the title. I said no and the agent asked me to confirm my special mailbox. The Agent confirmed that the title was sent to this address. XXXX noted that duplicate title sent on XX/XX/XXXX. I confirmed receipt of the duplicate title.
Agent said there was no need to be concerned about the original title since I had the duplicate title. XXXX said the original title voided since I had the duplicate, and that no one could do any thing with the original title. And on XX/XX/XXXX, I contacted XXXX. I said that I was informed by XXXX that my Title was previously sent to my XXXX XXXX XXXX I said that I never received the original title and asked if she would confirm the address where it was sent.
The XXXX Agent said that it was not sent to my XXXX XXXX XXXX it was sent to a NC address. I asked for the address, but she could not provide for privacy concerns. I retorted I am the owner of the vehicle ; you cant tell me where my title was sent? XXXX said you can request that information in writing. I said that I recently requested and received my XXXX History, but didnt see that information in there ( I later found that information in the report ).
She asked me to hold to speak to someone about getting this information. While holding, I remembered that XXXX Auction is in XXXX NC. I googled the address for XXXX and when XXXX returned, I asked her to confirm whether that was the address where my original title was sent? She said, Yes.
She asked if this was the address for the lien holder ( Gateway One ) who released the lien on XX/XX/XXXX? I said NO! Gateway One is in California. She retorted perhaps thats Santanders address? I said they are in Texas. I said thats the address for XXXX XXXX, the auction yard that held my vehicle from XX/XX/XXXX until it allegedly sold on XX/XX/XXXX.
Santander sent my Title to XXXX XXXX on XX/XX/XXXX. Both Santander and XXXX knew before and after receipt of that title that I am the lien holder of the Vehicle.
On XX/XX/XXXX, XXXX of the Executive Office also said that Santander was the lien holder until the vehicle was paid in full. I retorted, how can Santander claim to be the lien holder when Im standing here looking at my title?
XXXX said, you may have a copy of the title. There are different documents we can send out to customers for them to register the vehicle. I retorted that I received my title from SC XXXX. I am the owner of the vehicle. I just paid my taxes, and my insurance is current. I said that I spoke with XXXX who said they dont know anything about Santander or a repossession. XXXX said that I am the lawful owner of the vehicle. The lien was satisfied through Gateway One on XX/XX/XXXX.
XXXX apologized and said he would forward this info to XXXX, so he could review further. He apologized saying its showing one way in our system. And said that he definitely believed what I was saying. XXXX said theres obviously some type of discrepancy.
XXXX asked that I take a picture of the Title showing that vehicle or lien is under my name and there is no lien on the vehicle. Notably, Santander USA is still asking me to provide a copy of my title. XXXX said that XXXX could have that as part of his review to determine the next steps. I told XXXX that I would not get off this phone until I find out where my vehicle is. You ( Santander ) had my vehicle for five ( XXXX ) XXXX months. XXXX said the vehicle sold at auction.
I asked what the vehicle sold for? XXXX initially said {$15000.00}, and then pulled up more detailed info. XXXX placed me on hold so he could pull up the full breakdown. When the call resumed, XXXX apologized saying he misspoke. XXXX said the sales price showed {$25000.00}. XXXX confirmed there is no balance.
I asked for the deficiency letter. XXXX said there is no deficiency letter. I said if the vehicle sold, Santander should have provided a letter to me. XXXX said if a deficiency letter sent out, it would have been system generated. XXXX said that when he forwarded this info to XXXX, he would also request that XXXX obtain that Letter so he can send a copy directly to me. Notably, I never received this deficiency letter from XXXX.
I said that you should be able to pull that letter up now as we speak. I said I want you to pull that letter up and give me the breakdown of that letter. XXXX nervously said sure and placed me on another hold. When the call resumed, XXXX apologized, saying, he didnt show anything on file for a deficiency letter.
XXXX said since there is no deficiency balance, he didnt believe I would receive a deficiency letter. XXXX said that he would let XXXX know thats something Im looking for so he can find out if theres a document somewhere. I said if that vehicle sold, Santander is required to inform that vehicle was sold, including the date, and the amount it sold. XXXX said there is not a document here that he could reference. XXXX never called as requested or contacted me again.
I knew that Santanders Executive Office was trying to contain my issues within the Executive Office. I discovered an email address for Santanders CEO and Board of the Directors. I emailed both XXXX and Directors my concerns on XX/XX/XXXX, early Saturday morning.
And notably, on XXXX early Monday morning, I received an email and call from Santanders Attorney, XXXX XXXX XXXX. Attorney XXXX said that his firm has been asked to respond to my complaint against Santander. Attorney XXXX said that he tried calling me, but it went to voicemail. Attorney XXXX asked, Can you please let us know when you have time to have a brief call to help us better understand what your complaint is against Santander and what you are asking for?
I called Santanders Attorney and spoke with him for about an hour. He claimed that he had the complaint for about five hours, and didnt have much information from Santander . He asked if I would provide a copy of my title, lien satisfaction letter and XXXX report for the vehicle.
On XX/XX/XXXX, I emailed Santanders Attorney that I would not disclose these documents since Santander repossessed my vehicle and should already have the title to support that Santander had the lawful right to repossess and subsequently sell or dispose of the vehicle.
Notably, I received no response from Santanders Attorney. And on XX/XX/XXXX, I received a CFPB response indicating that Santander was unable to respond to my complaint dated XXXX through CFPB because it involves the same issue raised in a pending or prior litigation between the company and account holder.
Please note that on XX/XX/XXXX, I filed a CFPB complaint against Santander Consumer USA for which Santander responded by pretending to review the complaint for several days and on XX/XX/XXXX, Santander secretly had my vehicle transported across state line for auction.
On XX/XX/XXXX, I spoke with CFPB who informed that it was contacted by Santander on XX/XX/XXXX and that Santander stated it could not respond to my complaint for the reasons already stated. I told CFPB that Santander never properly addressed my complaint filed on XXXX.
I said that Santander has committed several violations and is desperately trying to avoid detection by the CFPB. CFPB noted that Santander Consumer USAs said its legal department would be responding directly to my complaint. Notably, as of date, I have not received any response from Santanders legal department. However, Santander USA sent correspondence dated XX/XX/XXXX, saying that it had received my request for protections afforded by Servicemembers Civil Relief Act ( SCRA ). Notably, I never requested any protections under XXXX. I retired from the military in XXXX, why would I request protections under the XXXX? Moreover, my vehicle was unlawfully repossessed by Santander Consumer USA on XX/XX/XXXX, and allegedly sold at auction on XX/XX/XXXX. So, how would the protections afforded by XXXX benefit me after repossession? On XX/XX/XXXX, I spoke with XXXX XXXX who appeared confused and asked if I requested these protections? Apparently, XXXX XXXX had no record of a request from me for protections afforded by XXXX. Santander fabricated this request to give the appearance that my XXXX CFPB complaint pertained to a request for protections afforded by XXXX. Notably, I received this letter around the same time Santander informed CFPB on XX/XX/XXXX that it was unable to respond to the complaint through CFPB. Santanders legal department never contacted me as stated in their response to CFPB.
But on XX/XX/XXXX, I received an email from Santanders Attorney who said that the check received on XX/XX/XXXX was the excess amount of what the vehicle sold for. Santanders Attorney said that hes still investigating the questions regarding title. Interesting, Santanders Attorney was sure the check sent on XX/XX/XXXX was the excess from the sale of the vehicle. But ten days after speaking with him, Attorney XXXX is still unsure as to whether Santander held Title to the vehicle. Bear in mind XXXX days later, Santander still had not provided proof of title or any documents to Attorney XXXX supporting that Santander had lawful right to repossess my vehicle.
Also, Santanders Attorney asked that I not contact Santander since hes representing them. However, recent calls to Attorney XXXX have gone unanswered. After receipt of the email dated XX/XX/XXXX, I immediately contacted Santanders Attorney and spoke briefly with him since he had to attend another call.
I told him that check was not the excess of what the vehicle sold for since Santander stated in the deficiency letter dated XX/XX/XXXX the vehicle sold for {$10000.00} and that a deficiency balance of {$15000.00} was owed to Santander.
Also, in regards to contacting Santander earlier, I said that my insurance provider ( XXXX ) contacted Santander attempting to get documentation supporting that vehicle repossessed and sold on XX/XX/XXXX. Santander USA did not provide notice of repossession or sale to XXXX.
XXXX of Santanders Executive Office said he could not speak with XXXX or provide any information without my consent and asked that I call Santander. Also, XXXX told XXXX that hes preparing these documents and said he would send these documents to me soon. I havent received any documents from XXXX or Santander supporting that the repossession and alleged sale of vehicle lawful.
Santanders Attorney asked what would you like me to do today? I said that I will file another CFPB and South Carolina Consumer Affairs complaint because Santander unlawfully took my vehicle. I am the lawful owner of that vehicle. I said Santander is only delaying the inevitable. So lets move forward.
The Attorney reiterated that he had a call in a few minutes and asked if theres anything he could do today or are you just calling to notify that you are going to be filing a complaint. I said you can go ahead and settle with me or I move forward.
I said its been almost six ( 6 ) months and Ive been stressed out over this. Either move forward, get this thing resolved or Im moving forward. Santanders Attorney asked what is your demand and I will take it to them.
Santanders Attorney said that he just need to know the number. Said he got another call and he was not trying to be difficult. But if I could let him know the number. Or if you want to email it to me and lay everything out that would be better. I said I would email it to him. Santanders Attorney said he would talk to them and get back with me with their response.
On XX/XX/XXXX, I emailed the Settlement Demand Letter to Santanders Consumer USAs attorney. Attorney XXXX did not confirm receipt of the demand. And on XXXX, I requested confirmation. No response from Attorney XXXX. But, I received additional correspondence dated XX/XX/XXXX from Santander. This correspondence was in response to my communications with Santander USA on XX/XX/XXXX regarding XXXX. Again Santander asked that I provide documentation in order for them to review your account for protections afforded by XXXX. Santander said that records indicated that they had not received any documents from me and their searches of XXXX XXXX XXXX XXXX ( XXXX ) do not indicate that I am currently on military service covered by XXXX. Santander is apparently strategizing to close out the fictitious XXXX request to avoid detection and cover themselves with the CFPB. Santander will claim that the XXXX request was closed due to no response.
Santander sent me a deficiency letter dated XX/XX/XXXX, asserting that it sold the vehicle for {$10000.00}. Also, this letter indicated that there was a balance due of {$15.00}, XXXX, for which demand was made. But on XXXX, I spoke with XXXX of XXXX XXXX who said the vehicle sold for {$25000.00}. Also, XXXX XXXX said there was no balance.
And on XX/XX/XXXX, I spoke with Customer Service ( XXXX ) who said the vehicle sold on XX/XX/XXXX for {$14000.00}. Also, XXXX said a deficiency letter sent, but she was unable to see the letter in the system. XXXX also said there was no correspondence sent out regarding payoff. Notably, Santander gave fouXXXX ( XXXX ) different amounts the vehicle sold for.
The calculations in the deficiency letter dated XX/XX/XXXX amounted to {$25000.00}. I subtracted this amount from {$25000.00}, which is a difference of {$490.00}. I noted in the deficiency letter that {$490.00} was Santanders purported cost of selling the vehicle. {$25000.00} + $ XXXX {$25000.00}. Apparently, in Santanders rush to commit fraud, and other wrongdoing, Santander added the cost of selling the vehicle twice in its calculation to arrive at the {$25000.00}.
Also, I noted in our conversation, Santanders legal counsel said on XX/XX/XXXX, perhaps the {$10000.00} check dated XX/XX/XXXX was the leftover. But, I argued that if Santander claimed in the deficiency letter I owed them {$25.00}, XXXX, and the vehicle sold for {$10.00}, XXXX, why would Santander send me the proceeds for the sale of the vehicle? I would still owe Santander {$25000.00} plus {$10000.00} = {$35.00}, XXXX.
And if Santander claimed I owed them {$25.00}, XXXX, and Santander sent me a check for {$10.00}, XXXX that would leave {$35.00}, XXXX owed to Santander. And if I owed {$25.00}, XXXX as stated in the deficiency letter dated XX/XX/XXXX and the vehicle sold for {$25000.00} as later claimed by Santanders Executive Office, Santander would have owed me {$490.00}. But Santander Consumer USA sent me a check for {$10000.00}. Thats a difference of {$9.00}, XXXX. Am I to believe that Santander sent me this extra money out of the kindness of its heart?
Santander sent that check dated XX/XX/XXXX hoping I would accept this check, just go away and not pursue any legal action against Santander. And when I spoke with Santander on XX/XX/XXXX, there was no record of a check sent to me. And the Reinstatement Manager ( XXXX XXXX confirmed through the deficiency letter dated XX/XX/XXXX that the vehicle sold for {$10.00}, XXXX on XX/XX/XXXX. But XXXX said on XXXX that the vehicle sold for {$25000.00}, and no deficiency letter generated or sent to me due to the zero balance.
Notably, on XX/XX/XXXX, I received another Secured Encrypted Email from XXXX XXXX, Manager, Complaints Management at Santander Consumer USA. Santanders scripted message said, We recently received feedback that you requested contact in regards to a concern you have. We take these issues seriously and continually seek to improve our processes and products based on consumer feedback. Santander requested that I respond with permission to contact them strictly in regards to this specific concern, including my preferred contact number. If no response received within seven ( 7 ) days, then the issue will be closed until contact is made with our offices. I noted that this message came from the Executive Office. On Tuesday, XX/XX/XXXX, I responded to Santanders secured message. I provided my contact number and requested that XXXX XXXX call. On XX/XX/XXXX, I called Santander and spoke with XXXX of the Executive Office. XXXX was rude and very condescending. XXXX said that he no longer had the account and that I needed to speak with XXXX XXXX. He said he would contact and transfer the call. But later XXXX said that XXXX XXXX is not a Phone Based team and that he was unable to get on the phone. He said XXXX XXXX reached out to me regarding permission to contact because it showed in XXXX ( XX/XX/XXXX ) that you requested something in regards to retired military. So whenever thats the case, we do have to open that up on this end. He reiterated that XXXX XXXX is not a phone based team and would not be able to transfer me. XXXX said he didnt know exactly what was going on with the account, but noted there is activity on the account. XXXX said that he would advise XXXX XXXX that I called and provide the number to reach me. As of date, I have not received any response from XXXX XXXX XXXX or anyone of Santanders Executive Office. Again, I assert that the purported request for protections afforded by XXXX is a ploy by Santander to avoid detection by the CFPB. I have gone back and forth with Santanders utter foolishness and blatant lies for almost ( XXXX ) months and I refuse to allow Santander to harass and oppress me further. Santanders actions are abominable and have affected both my emotional, mental and physical health. I noted that Santander said in its CFPB response, dated XX/XX/XXXX, and notice to sell vehicle that it took my vehicle on XX/XX/XXXX.
Santander unlawfully took my vehicle on XX/XX/XXXX. So, even in its response, Santander still cant get its LIES straight.
The XXXX, Title, Lien Satisfaction Letter and XXXX History Report clearly shows that I am the lawful owner of the vehicle.
After Santander had my vehicle transported to an undisclosed location on XX/XX/XXXX, I called XXXX XXXX on XX/XX/XXXX. The XXXX Agent said Since it already left the tow agents lot, I would have to get with Santander and they will give you the location where its at so you can go and pick it up. Also advised that I ask if they ( Santander ) could do a Take Back where they can bring the vehicle back to me. Moreover, XXXX XXXX said it sent XXXX the Order To Repossess that it received from Santander, implying that XXXX did not verify the XXXX holder before it assigned the vehicle for XXXX.
Santander stole my vehicle on XX/XX/XXXX. I asked Santander Consumer USA many times to provide documents supporting that I owed Santander money, and it had the lawful right to repossess my vehicle. And each time, my requests were ignored. I called Santander constantly about this matter, Santander never called me to collect a debt they claimed that was owed to them. Also, Santander Consumer USA would hang up on me, which is strange behavior for a company that claims a debt is owed to them. Also, there is absolutely no credit reporting on this account. So how did Santander make its determination of delinquency? Also, I was told by several Santander USA employees that this was a closed account. And there was nothing there.
Again Santander stole my vehicle on XX/XX/XXXX. I have the title and several other documents, including the lien satisfaction letter showing that the lien was satisfied thru Gateway One Lending & Finance on XX/XX/XXXX.
Santander USA acquired XXXX in XX/XX/XXXX, and Santander admitted in its CFPB response dated XX/XX/XXXX, that it had my Title since XX/XX/XXXX. Santander fraudulently withheld my title for 1 year and 4 months before fraudulently releasing the original title to XXXX XXXX on XX/XX/XXXX.
Santander knew that Im the rightful owner, which explained why Santander feigned to review my CFPB complaint on XX/XX/XXXX, and on XX/XX/XXXX, had my vehicle transported across state line to an undisclosed location. Santander provided no notice of the vehicles location, nor date or time of auction.
Also, Santanders more than two month delay to sale my vehicle confirmed that Santander was not the lien holder. Strangely, Santander on several occasions asked me to send them a copy of my title. If Santander had the title since the inception of this matter, why would Santander ask me to send it a copy of my title?
I say the vehicle was allegedly sold because Santander could not sale or dispose of the vehicle since it did not hold Title to the vehicle. Santanders actions against me were for the sole purpose of intimidating and extorting money that was not lawfully owed to Santander.
On XX/XX/XXXX, My insurance provider contacted XXXX in an effort to locate my vehicle. XXXX said the vehicle sold and XXXX would have to contact Santander about the vehicle, XXXX called Santander and was given the run around before Santander advised XXXX to call XXXX Solutions. XXXX called XXXX who advised that they were assigned to do the Repossession Claim, but was unable to pursue the claim since the account had a Zero balance and I am the Title Holder. But Santander undeterred, fabricated and executed its own repossession claim as evinced in the XXXX XXXX dated XX/XX/XXXX. Santander STOLE my vehicle on XX/XX/XXXX. Santander lied to coverup the unlawful repossession and breach of the peace. Santander LIED in its CFPB response dated XX/XX/XXXX. And Santander LIED in its CFPB response dated XX/XX/XXXX. Also, Santander fabricated a request for protections afforded by XXXX. And Santander continued this LIE in its letter dated XX/XX/XXXX. Also, XXXX XXXX continued this LIE when he sent the secured message dated XX/XX/XXXX. As indicated by their lack of responses to the CFPB, Santander never intended to resolve any issues raised by the Complainant. Also, I noted in my conversation with XXXX dated XX/XX/XXXX, XXXX said the record indicated that the complaint resolved. Santander Consumer USA never addressed my CFPB complaint filed on XX/XX/XXXX. Nor has Santander made any efforts to resolve this CFPB complaint.
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| 05/05/2023 |
Yes |
- Debt collection
- Credit card debt
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- Attempts to collect debt not owed
- Debt is not yours
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Web |
Older American |
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Debt collector obligations
809. Validation of debts
XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX
XX/XX/XXXX
XXXX XXXX, XXXX.
Formerly known as Patrick A. Carey, P.A.
XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX
Your Reference File # XXXX
Dear Debt Collector:
Here's the relevant section of the FDCPA, 15 U.S.C. 1692g, on debt validation, for your response, prohibitions and obligations:
809. Validation of debts
(a) Notice of debt; contents
Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
(b) Disputed debts
If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer's right to dispute the debt or request the name and address of the original creditor.
(c) Admission of liability
The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.
I am responding to your attached letter(s) about a purported debt as set forth in your attached letter(s). I request that you mail me a written Validation of Debt which must include all of the proof and documents described at length below. I vigorously DISPUTE the purported debt in its entirety. This is NOT my Debt and I DISPUTE it. I want you to send me by USPS mail the name and address of the original creditor and any successors in interest or transferees, if any. I do not have any responsibility for the purported debt youre referencing and trying to collect. So I DISPUTE it. This is not my purported collectible debt. Again, I want to make it absolutely clear by repetition that I DISPUTE it in its entirety so that you can clearly red flag and mark your files as DISPUTED to avoid Willful FDCPA violations. If you have good reason to believe that I am responsible for this DISPUTED purported debt, mail me by USPS every document in your and your clients entire file, including but not limited to every direct and indirect written dispute with the CFPB, CRAs or otherwise including those documents that make you believe that the purported debt is valid, enforceable and collectible. Immediately STOP, DESIST and CEASE all other and further communication with me and with this address, (except to respond one time in writing by USPS mail to my request for every piece of proof of the purported debt that would be presented to an ARBITRATOR or in a federal motion for summary judgment with incorporated memorandum of law) and record that I vigorously DISPUTE having any obligation for this purported debt. The USPS, email, text messaging, social media or other unsecured communication means cannot be trusted to safely and securely deliver mail and communications or to prevent receipt by unauthorized individuals, at other addresses, by accident, scammers, fraudsters or negligence. To wit, much of my USPS mail is delivered opened and tampered with and read by others many times as, for example, the name and address window is not visible due to mailing incompetence. Similarly, the USPS tracking service for certified mail is unreliable and cannot be trusted. I am requesting no further communication of any kind whatsoever to therefore prevent mail or communications to be received at other addresses due to sender issues, hackers, scammers, and USPS errors and negligence. Likewise, kindly immediately STOP all further unwanted direct and indirect text messages, emails, phone calls, voice messages, or any other social media or other communication with me regarding your attempts to collect the purported DISPUTED debt. I have made about 100 CFPB complaints regarding FCRA and other violations and I suspect that the recent XX/XX/XXXX CFPB DATA BREACH affecting at least 256,000 consumers has almost certainly affected me so I must be overly careful to guard against scammers to limit erroneous release of my private data and communications. For this and other obvious reasons, I need you to STOP further communications and I obviously need the requested documentation proof regarding any claims as any claims are suspect absent complete documentation. Notice is Given that I forever object to the voice recordings of any kind and I therefore do not consent for anyone to record calls with me without my prior written consent which I will never authorize. Once a debt collector receives this letter requesting that they immediately STOP contacting me in any way, theyre not allowed to communicate with me again except to tell me there will be no further contact, provide me with documents requested, or advise me of specific planned legal actions within 20 days that may legally be allowed, such as filing an Arbitration action against me as a lawsuit is not permissible and cannot be threatened under the FDCPA if an Arbitration Agreement exists. So please dont threaten me with any barred court litigation which would violate any Arbitration Agreement as I will consider it a violation of state and federal statutes. If you stop your collection of this purported debt, and forward or return it to another company, please indicate to them that it is DISPUTED in its entirety by forwarding all past documents in the file and communications including this letter. If you report it to a credit bureau (or have already done so), also report that the debt is DISPUTED as required by FCRA, FDCPA and the 350+ page XXXX XXXX Compliance protocols. I insist on compliance with every applicable state and federal statutes, including but not limited to the FCRA and FDCPA. Any willful past, current or future violations of credit reporting and collection procedures shall incur maximum statutory and punitive damages plus attorneys fees and costs against violators, personally or otherwise. I have reviewed my entire credit reports of XXXX XXXX dated XX/XX/ and XXXX dated XX/XX/XXXXand the account number referenced in your letter is not included in my credit reports, possibly due to reckless negligence in data reporting under the XXXX XXXX compliance protocols contained in its 355+ page manual. Accurate account number reporting of accounts is required under MXXXX XXXX to prevent purported accounts from being inaccurately reported twice (or more) instead of once otherwise additional willful FCRA violations and statutory damages shall accrue. Since my XXXX and XXXX credit reports do not contain your referenced account number, I must consider that it involves identity theft for which your obligations must be followed exactly as required. I have never received any Notice from anyone stating that you are a bona fide authorized agent for Debt collection purposes. So consider this letter a formal Notice that I DISPUTE the purported debt due to IDENTITY THEFT. Moreover, I need to know your opinion and representation as to whether the documents which I need and request will include an ARBITRATION clause which would require disputes to be resolved through ARBITRATION rather than a United States District Court individual or class action lawsuit. While I believe credit card accounts with your purported client may contain MANDATORY ARBITRATION clauses, I cannot be sure without all the purported agreement documents and a binding representation. The CFPB has warned consumers to be on the lookout for Identity Theft and bill/debt collector SCAMMERS falsely claiming entitlement to amounts not owed. I obviously need the documents requested and I will continue to consider this a matter of IDENTITY THEFT unless and until I receive an AFFIDAVIT from the purported original creditor providing me all the requested documents. In XX/XX/XXXX, I was a victim of Identity Theft when scammers wiped out my checking account funds due to my bank breach and bank error when multiple debit card numbers were submitted and approved by possible random guessing without my card expiration date, 3 digit security code, Name, address, or other required data to process a transaction. I never used the debit card and my debit card was safely locked away and under my exclusive control at all times. After multiple calls and secure messages to my bank, I filed a complaint with the CFPB and the bank still has not discovered how the breach and fraud happened. If a random guess at a debit card can wipe out my checking account, it would be easier to guess at bank credit card numbers in a debt collector scam warned by the CFPB. Are you a SCAMMER victimizing me with IDENTITY THEFT? Are you trying to SCAM an XXXX XXXX citizen? I need AFFIDAVITS with the requested proof. I need the requested proof! I will not get scammed again. I trust NOONE, even ROBO attorneys. Get your ducks in a row!!! I would not be happy if I am forced to file a U.S. District Court action only to be faced with a Motion To Compel Arbitration due to concealment of agreement documents. Any such frivolous conduct would be rightfully countered with my Motion for Summary Judgment and a temporary restraining order request to punish violators for willful FCRA violations and other statutes, further claiming a WAIVER was created by concealment. If warranted, I will have no problem also naming the CFPB and its Director, Rohit Chopra, in any federal court action to the extent necessary to obtain 100% compliance with the FCRA, FDCPA and related statutes. I also advise you that I am a XXXX XXXX XXXX XXXX male and American XXXX XXXX in poor health and judgment proof and all my income is from EXEMPT sources such as federal Social Security benefits with my average balance in my social security account is below my monthly SS deposit and never more than 2 times my monthly deposit. I simply have no assets or income which anyone can attach from pointless, abusive or frivolous litigation intended merely to harass and abuse me. Moreover, last year I have been affected by medical malpractice, COVID-19, a declared natural disaster by a direct hit by Hurricane Ian, illnesses and other medical matters all at the same time. Plus, as stated ago, my checking account was wiped out by fraudsters. Moreover, I discovered that my credit file reported false delinquencies even though I actually had a perfect credit payment record and such concealments reduced my credit score by XXXX points totally destroying my credit. Everything bad happened to me all at once starting with medical malpractice, health issues and SCAMMERS and then by Hurricane IAN and then by creditors promising publicized payment deferrals yet then falsely reporting delinquencies. My credit reports are inaccurate and incomplete as the required coding for my situation is not on my credit report for any listed account. How hard is it to insert the XXXX XXXX code AW into every account? Do you even know what AW means? However, I am ready, willing and able to litigate and defend any frivolous litigation or arbitration including seeking relief from the U.S. Court of Appeals for any appealable order including the delay or denial of injunctive relief requests. I shall also insist on compliance with federal Rule 11 and motions for Rule 11 violations shall be filed promptly after the expiration of applicable safe harbor periods for incurred violations. Moreover, if I live long enough, I am prepared to seek personal XXXX XXXX XXXX relief if and when necessary, filing objections to all claims and submitting my claims for damages through bankruptcy adversary proceedings. Do you want to pay an Arbitrator $50,000 to gain nothing? Do you think you can avoid my USDC DISCOVERY requests and information subpoenas? Do you want the CFPB to come after you when you violate your obligations?
Again, I am responding to your contact about a purported debt you are attempting to collect which, as stated multiple times, I DISPUTE in its entirety.
Again, please STOP all direct and indirect communication of any kind with me and with this address about this purported debt except to respond to me in writing regarding my requested documents by delivering me requested documents. Furthermore, due to hearing problems and issues, I am unable to receive phone calls so I am unable to discuss any matter over the phone or otherwise under any scenario. Just STOP all communications! The Telephone Consumer Protection Act (TCPA) restricts calls to residential and wireless telephone numbers absent the prior express consent of the called party. I do not want any calls or direct or indirect communications of any kind whatsoever to be made to me in the future. I do not consent to receiving any calls made to me in the future and any calls received by me after you receive this letter shall be considered willful violations of the TCPA for which maximum possible penalties shall become automatically and immediately due and owing to me by violators without notice.
Again, record and prominently FLAG in your records that I forever DISPUTE having any obligation for this purported debt. Again, if you forward or return this purported debt to another company, please indicate to them that it is DISPUTED. If you report it to a credit bureau (or have already done so), also immediately report that the purported debt is DISPUTED. Once I notify a CRA and/or Furnisher and/or Debt Collector that I DISPUTE data (such as this dispute) my credit report MUST INDEFINITELY include the required PERMANENT Notice that the account is DISPUTED BY CONSUMER even if the CRA/Furnisher/Debt Collector disagrees. If my credit report from any CRA has at any time in the past (or in the future) included an account related to your purported disputed debt without the required DISPUTED status, then such FCRA violation shall be considered a Willful, wanton, malicious, deliberate, abusive and intentional violation for which the maximum statutory damages of XXXX shall be sought against every violator, plus punitive damages. XXXX XXXX is quite complex and impossible to comply with so the best procedure of reporting is to never report at all and to never change, delete, update or alter dispute status as such will almost certainly result in manual negligent incompetent user errors for which damages will accumulate quickly to entirely offset purported debts. While some untrained incompetent employees may willfully violate the FCRA to purposely destroy a consumers credit score in hope to collect purported disputed debts under duress, I demand compliance with the FCRA, FDCPA and every other statute. In my opinion, Furnishers/Debt Collectors are best served by permanently DELETING from credit files Disputed/Uncollectible accounts to mitigate damages from Furnisher/user errors and willful unlawful conduct. Every interaction with a creditor, a CRA and/or debt collector constitutes an opportunity for me to obtain statutory, punitive and other damages, including attorney fees, when laws are broken for willful and negligent non-compliance with known statutory requirements and protocols. The best possible settlement obtainable would be to walk away and abandon any and all disputed purported uncollectible claims otherwise I will be one your creditors with exponentially increasing claims after you continue to violate my rights. I never agreed to permit anyone to report inaccurate or incomplete information of any kind on my credit report. I have never been offered my statutory right to OPT-IN or OPT-OUT of credit reporting to protect my right to privacy to prevent FCRA violations. I hereby unconditionally and unilaterally REVOKE and terminate for CAUSE any imaginable right to report data of any kind on any of my credit files with any CRA. Obligations under the FCRA, FDCPA and other debt collection and reporting statutes TRUMP any purported creditor claims so compliance of every statutes is a precondition to collect and report any purported claims. If you want to do business with consumers, you must first learn how to comply with extensive ever changing obligations, including XXXX XXXX, which is impossible to accurately report even by a specialist due to arbitrary and confusing possibilities. Stated another way, an original credit card purported creditor is not entitled to collect claims unless and until all its obligations have been satisfactorily completed without violations of any law. You should be careful to comply with mandatory statutory imposed record retention requirements to enable the CFPB to administer and carry out the purposes of the FCRA, FDCPA, the Dodd-Frank Act, as well as to prevent evasions thereof. The record retention requirements also will facilitate supervision of debt collectors and the assessment and detection of risks to consumers. The CFPB has published a comprehensive checklist to audit and insure compliance with regulatory obligations. I suggest you review the checklist to insure compliance before responding to me. You should know that as soon as Hurricane IAN hit me directly and my health was affected by XXXX and other health issues with other issues plus a wipe out of my checking account, I diligently contacted every creditor seeking publicized payment deferrals and other relief only to be effectively denied relief by incompetence. The general creditor response was to retaliate against me for merely asking for relief by inaccurately reporting every account inaccurately. No one knows how to code XXXX XXXX except for simple payment reporting but when things get changed errors are everywhere, either negligently or willfully. If I made 100% of my payments and if I was never late how could credit reporting agencies say I was 60 days delinquent? More importantly, I discovered that each CRA provided me with conflicting data on my paper reports and my paper reports did not contain all the data reported to CRAs under XXXX XXXX. Why is data reported on XXXX XXXX but concealed from my paper credit reports? Why do my paper credit reports only contain a small portion of data reported by XXXX XXXX and contained in my credit file? How can I properly dispute my credit file if 50% of the data in my CRA file is concealed from consumers? How can I discover inaccurate data on my credit file if 50% of data is concealed from me and excluded from my paper credit reports? The entire credit reporting system is a disgrace in complete disregard for consumers rights and rights to privacy. Every communication with a creditor seemed to result in negligent data entry errors by users. Furnishers are incapable of complying with statutory obligations and the XXXX XXXX system. Again, I need every document, including every XXXX XXXX submission, submitted to every CRA to compare my numerous paper reports with data in my credit files reported via XXXX XXXX. Moreover, many of the XXXX XXXX data fields are reported blank forcing fraudulent submission overrides rather than blocking incomplete or conflicting data. Even when errors are discovered and acknowledge by top senior bank officials in charge of USA credit cards, nobody knows how to correct inaccurate reporting even after reporting ETHICAL misconduct to the bank Chairman of the Board. One bank even hires incompetent High School Graduates to handle CFPB disputes without any knowledge of the FCRA or XXXX XXXX protocols and obligations. I subscribe to a variety of services so I see daily changes to my credit files so I see the daily mistakes of credit reporting by erroneous coding under XXXX XXXX. Many Many Many times I see a DISPUTE ADDED one day and then fraudulently and inaccurately REMOVED the next day. Everyone knows that Debt Collectors try not to report Disputes, even though required, as a dispute may not negatively affect a credit score which may hinder chances to force consumers to pay even fraudulent disputed claims as consumers generally want good scores. Well, the system tanked my scores needlessly! Is your Debt Collector commission of peanuts worth XXXX in attorney fees and punitive damages? Do you want to risk the CFPB coming after you demanding XXXX? Do you want to lose clients and be put out of business by the CFPB? I object to having accounts reported on my credit reports as reporting is unconscionable!
While your letter fails to disclose what I consider a complete mandatory inclusion of the statutes set forth at the beginning for consumers rights regarding Debt Validation, I am responding even though the failure to respond would not have consequences in litigation. The CFPB and others suggest some of below type of questions for Debt collectors to respond to. I like to purposely repeat points so that there can be no misunderstanding about what I am writing about and requesting.
Please supply the information below so that I can be fully informed:
Why you think I owe the purported debt and to whom I owe it, including:
The name and address of the creditor to whom the purported debt is currently allegedly owed, the complete account number used by that creditor and the previously issued account numbers, if any, the complete account number reported to every CRA for current and past account numbers and the detailed amount allegedly owed since inception including amounts and all data reported to every CRA. Please note that there is no reason to NOT report a complete account number in letters and credit files especially when an account has been closed to future transactions especially if consumers have ZERO liability for unauthorized activity, especially after closure. If an account has been closed or an account number has changed in the last 7 years, please send documentary proof of the dates of closure and/or account number change and the dates reported of the mandatory mid-cycle update to every CRA to ascertain whether the mandatory XXXX XXXX protocols have been compliant or violated.
If this purported debt started with a different creditor, provide the name and address of the original creditor, the entire account number used by that creditor, and the detailed amount owed to that creditor at the time it was transferred. When you identify the original creditor, please provide any other name by which I might know them, if that is different from the official name. In addition, tell me the exact date and complete terms of the relationship when the current creditor and/or debt collector obtained the purported debt and who the current creditor obtained it from.
Provide verification and documentation that there is a valid basis for claiming that I am required to pay the purported debt to the current creditor. For example, can you provide a copy of the written agreement that created my original requirement to pay? Again, I need to know about any ARBITRATION provision buried into any original or amended agreements as I cannot rely on the search results of the CFPB or other websites. I also need any purported contract provision that authorized the reporting to a CRA (if it exists) which I hereby revoke as invalid ab initio if any data was inaccurately reported to any CRA, either willfully or otherwise. Reporting to a CRA must be 100% accurate otherwise DELETION is mandatory. Inaccurate credit reporting, standing alone, is unconditional grounds to bar future credit reporting at the request of a consumer to guarantee the consumers right to privacy. I object to credit reporting of all my closed and disputed accounts due to willful violations of the FCRA and other statutes.
If you are asking that I pay a purported debt that somebody else is or was required to pay, (such as an insurance company through a credit card benefit) identify that person or entity. Provide verification and documentation about why this is a purported debt that I am required to pay.
The amount and age of the purported debt, including:
A copy of the every billing statement sent to me by the purported original creditor since inception.
State the required Date of First Delinquency (month/day/year) with the detailed amount of the purported debt when you obtained it, and when that was.
If there have been any additional interest, fees or charges added since the last billing statement from the purported original creditor, provide an itemization showing the dates and amount of each added amount. In addition, explain how the added interest, fees or other charges are expressly authorized by the agreement creating the debt or are permitted by law. If my purported account has been closed, state the date closed, and every change of interest rate thereafter including rate justification after closing. If my purported account involves any CFPB claims and disputes for statutory or other damages for willful FCRA or other disputes, please identify precisely offsets of claims in statements and balances reported to every CRA.
If there have been any payments or other reductions since the last billing statement from the original creditor, provide an itemization showing the dates and amount of each of them.
If there have been any other changes or adjustments since the last billing statement from the original creditor, please provide full verification and documentation of the amount you are trying to collect. Explain how that amount was calculated. In addition, explain how the other changes or adjustments are expressly authorized by the agreement creating the debt or permitted by law.
Tell me when the creditor claims this debt became due and when it became delinquent.
Identify the date of the last payment and amount made on this account.
Have you made a determination that this debt is within the statute of limitations applicable to it? Tell me when you think the statute of limitations expires for this debt, and how you determined that.
Details about your authority to collect this debt.
I would like more information about your firm before I discuss (in writing, of course) the debt with you. Does your firm have a debt collection license from my state? If not, say why not. If so, provide the date of the license, the name and previous names on the license, the license number, the valid status of the license and the name, address and telephone number of the state agency issuing the license. Also provide me with any name currently and previously included as a debt collector for making CFPB complaints on its website.
If you are contacting me from a place outside my state, does your firm have a debt collection license from that place? If so, provide the date of the license, the name on the license, the license number, and the name, address and telephone number of the state agency issuing the license.
I have asked for this information because I have some questions. I need to hear from you in writing with all documentation requested herein to make an informed decision about your claim that I owe this money. I expect a one time written communication for this purpose but only in writing provided you fully address each and every item of requested data I seek. In order to make sure that I am not put at any disadvantage, in the meantime please treat this purported debt as being in dispute in its entirety. Nothing contained in my letter should be construed in any way as an admission of any responsibility whatsoever for the purported claim. Failure to respond in writing controverting my allegations and points shall be deemed your admission by your non response and all conflicts shall be resolved in my favor.
In addition to providing the information requested above, please let me know whether you are prepared to pay me for statutory and punitive damages in an amount not less than the balance you are claiming is owed. If so, please tell me in writing your offer with the amount you will pay me to fully resolve the account with an exchange of mutual general releases which, of course, would require permanent deletion from every CRA file of any reported data, if any.
In addition to the Federal Fair Debt Collection Practices Act, the Florida Consumer Collection Practices Act prohibits harassment, false or misleading statements and unfair practices by collection agencies and debt collectors. Some violations of these acts are listed below:
1. They threaten to tell your employer or neighbors about the debt;
2. Threaten violence against you;
3. Threaten to have you arrested;
4. Communicate with you or your spouse more than three times a week;
5. Harass, intimidate, threaten or embarrass you;
6. Imply that documents sent to you are legal documents or government
documents;
7. Imply that you can be deported; or
8. Solicit a postdated check in order to threaten criminal prosecution.
The CFPB and advocates recommend consumers to also check to see if their state licenses debt collectors and if the company that is contacting them is licensed. If a state does not license debt collectors, check the registry for a neighboring state. Some states also provide licensing information to the Nationwide Multistate Licensing System at XXXX. That website will thus provide a few more states where the debt collector might be licensed. I purposely repeat myself to make it clear that I need to know complete details of what licenses you are required to have and what licenses you have.
The CFPB and others recommend the Stop Contact or Cease Letter strategy to stop collection harassment by writing the collector a stop contact letter, also called a cease letter. Then the collector can only acknowledge the letter and notify the consumer about legal steps the collector may take. This protection usually only applies to collection agencies hired by the creditor or debt buyers that purchased debts from the creditor, but even creditors collecting their own debts must honor such requests as basic agency law requires creditors to be respons
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| 03/17/2023 |
Yes |
- Mortgage
- Conventional home mortgage
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- Trouble during payment process
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Web |
Servicemember |
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I am writing this complaint against SchoolsFirst Federal Credit Union and it's Loss Mitigation Department in response to their abusive and negligent loan servicing practices. Despite the length of this complaint, it is by no means a comprehensive accounting of my experience and I am willing to elaborate and/or provide additional documentation if requested.
After falling behind on my mortgage due to a COVID related hardship, I was contacted by a representative from SchoolsFirst who recommended enrolling into their COVID-19 Forbearance program. I was initially hesitant at the idea of a lump sum payment, but agreed after being reassured that I would have multiple options upon conclusion of the forbearance such as a forbearance extension, reduced monthly payments via a loan modification, as well as a deferral. Prior to this hardship I had maintained over 200 consecutive mortgage payments that spanned 12 years of owning one home and six years of owning two homes. Having never been in this sort of situation before, I felt that I could trust SchoolsFirst and appreciated their offer of a reprieve.
As my forbearance was drawing to a close, SchoolsFirst once again reached out to me to discuss my options. I remember this call vividly because it was such an unusual occurrence for them to contact me through my work number. We discussed my intention to remain in forbearance for the full year with an expected start payment date of XXXX XXXX XXXX, as well as the plan to defer the past due amount. Upon the conclusion of the extended forbearance I resumed making my regular monthly payment. After encountering an issue with making the payment in the third month, I called SchoolsFirst and was informed that my payment had been refused because I had a past due balance of over XXXX XXXX dollars, which was due in full. I recalled the plan that we had discussed in the fall of XXXX at which point SchoolsFirst informed me that a deferral was not something that was granted automatically as the forbearance had been, and that I needed to process the paperwork. Although I was alarmed to learn that the suspended payments had not been deferred like I'd been led to believe, I was told not to worry because they would work with me to restructure any arrearage once I'd submitted my application.
It then took several weeks for their application packet to arrive in the mail in spite of their claims that they had already sent it out multiple times. The weeks evolved into months (and eventually years) of an endless cycle of my application being denied any sort of consideration, and returned to me as "incomplete". Reasons for being deemed "incomplete" included but were not limited to: Document not received (even though I had confirmations of receipt), expired documents required resubmittal (among them documents with no expiration date and documents that had not expired, such as a w-2 form in XXXX), document missing a signature (it was not) (see attachment 1), incorrect form entirely (even though they were the ones who had provided the form to me in the first place), and the list goes on. I was repeatedly required to submit documentation that I'd already resubmitted multiple times. On more than one occasion they claimed they hadn't received the required "missing" documentation in time, closing out my application, and forcing me to start the application process all over again. At the same time I was also inundated with a barrage of (what I would describe in retrospect as) XXXX from SchoolsFirst which appeared to not be written with any context whatsoever, as they would request that I submit an entirely new application from scratch (along with requesting the exact same information and documentation all over again), as if that had been our very first and only communication thus far. These letters would also ignore any of the phone call transactions I'd had with them during that time. This all served to further confound my understanding of where I was at in the process, and what was being asked of me, thus hindering my ability to jump through their absurd hoops.
According to SchoolsFirst, they are the owner, assignee, and servicer of my loan. Despite the fact that SchoolsFirst provides services exclusively to California, they contract with a New Jersey-based third party subservicer. SchoolsFirst uses this distance as an excuse for the delay in sending and receiving time-sensitive mail. It would often take several weeks for them to notify me in writing of whatever new barrier existed now. Considering today's technology, their decision to utilize antiquated methods of communication like this speaks volumes. This is all undoubtedly by design, as it had originally taken only one phone call with an incomplete application for SchoolsFirst to agree to "assist" me with a forbearance in the first place. And of course when I initially applied for the loan, and when I opened a Home Equity Line of Credit on my home I was immediately notified through a Single Point of Contact via direct phone call and/or email- of exactly what was missing and exactly what they still needed, even going so far as to meet me in person to retrieve these documents. Naturally the severity of my delinquency, my perceived creditworthiness, and the fate of my home (my most valuable asset and investment to date), have been held as a hostage along a timeline that SchoolsFirst has moved forward only to their benefit and at their leisure.
I had eventually begun calling Loss Mitigation almost daily, sometimes multiple times throughout the day just to check on the status of my application. I learned to take every conversation with a grain of salt, as the sheer volume and scope of the downright lies, misinformation, and misrepresentations I've been provided from one representative to the next has been truly inconceivable. Among the representatives I have spoken to I have been: yelled at, hung up on, lied to, told that there is simply nothing that they can do to help me and to just "sit tight", spoken to in a condescending manner, left on hold for an obscene amount of time often just to be hung up on anyway, and my personal favorite- being hung up on and (when I called back) finding out my file had been notated as a "Spanish-Speaker only". Information I have been given has varied between unhelpful, incorrect, inconsistent, and illegal. For example, one of the more innocuous lies I'd been told was that my actual lender was XXXX XXXX. According to XXXX XXXX and SchoolsFirst, it is not.
Even when these agents were competent enough to understand the issue at hand, or considerate enough to pretend like they cared, there was still no point in talking to them because they did not have any decision making authority. They had no ability to rectify errors, and they could not (or would not) transfer you to anyone who did. On more than one occasion I requested to be provided a Single Point of Contact under the California Homeowner Bill Of Rights. In response I was either outright refused, ignored, or told that they were simply unable to transfer me. During one phone call in particular I spoke with a lady who specifically introduced herself as my Single Point of Contact. When I requested to be transferred to her in a subsequent phone call, I was told that I could not be transferred, and I have never heard from that woman again.
In fact, there was no escalation process. Their scam is to hide behind a seemingly incompetent and undertrained call center that is ultimately incapable of providing accurate information, and incapable of providing any actual assistance to distressed homeowners. I've had to take off what's amounted to weeks from work in an attempt to find a resolution on this matter (being restricted to east coast business hours while living in a west coast time zone has made this all the more difficult). A review of two months of cell phone bills showed that I had called in 27 times and spent 343 minutes on the phone in that span alone. And yet my time has just been wasted away while on the phone for hours, with no resolution in sight.
For a while I could not even figure out who my servicer was because that answer varies depending on who you ask or which documents you're looking at. The information is obfuscated by the fact that SchoolsFirst misleads their borrowers by referring to their third party subservicer as simply their "Loss Mitigation Department". It took some time (over two years) and some serious investigating just for me to even figure out that I was dealing with two entirely different businesses because both businesses claim only one name. I have only ever received mail from "SchoolsFirst" and never "XXXX" even when the letter has indeed been sent by XXXX. XXXX employees specifically introduce themselves as SchoolsFirst employees (despite the fact that their company exists on the opposite side of the country). Its not just via telephone conversations; they do this on legal documents as well. The woman who filed the Substitution Of Trustee appointing XXXX XXXX XXXX as the new trustee for my loan- swore to a notary in Missouri that she was the "Vice President Document Execution" for "SchoolsFirst Federal Credit Union". Yet this same woman represented herself with the exact same title in the Notice of Default that was recorded in my county in California, but instead working for "XXXX XXXX, servicer for SchoolsFirst Federal Credit Union (see attachments 2 and 3). Another person I spoke with refused to even confirm whether he worked for XXXX or SchoolsFirst. They would not confirm which company they worked for, and yet SchoolsFirst both gives free access to and forces me to furnish private and confidential information to every random work-from-home low level call center employee who picks up the call, just to get information on my own loan. Their misrepresentations have made it nearly impossible to know who it is I should be in contact with and who it is that I have been in contact with.
Their fraudulent and obscured identity has also made it easier for SchoolsFirst to provide varying degrees of conflicting information, and nobody to be held accountable. One example of this was on one occasion in particular I had called Loss Mitigation while at my wits end, wanting answers to a myriad of questions, and during this conversation I received the following information (information in italics) which contradicted the information I had been given previously: The forbearance I had been granted had been a "regular" forbearance. I had not been granted a "COVID forbearance" because my "hardship did not qualify.". (Prior to this I had no idea that there was more than one type, I've since been told that there isn't, and I'm still not sure where the truth is in either of those statements. None of the CARES act had applied to me because my loan was/is not federally backed, and therefore my loan had not been protected under any state or federal guidelines. Learning that I did not have a federally backed loan was both shocking and infuriating as this was in direct conflict with what I had been previously told by another agent and with what SchoolsFirst had communicated in writing. These communications were therefore intentionally misleading, as they had made it very clear to me at the time that I did in fact have a federally backed loan (see attachments 4,5 and 6). It was during this conversation that I was informed for the first time that the forbearance I had entered into had only been for a total of 3 months (XXXX XXXX and XXXX of XXXX), not for the year as we had discussed. According to their records, the phone call I had with Loss Mitigation in which I extended the forbearance never happened. While I am unable to retrieve my employer's phone records from nearly 3 years ago, I have attached the loan statement that had been prepared in the month following what would have been the end of the forbearance that clearly stated You accepted a forbearance. (see attachment 7). After being confronted with this shocking disregard for any truth, I requested an investigation into the recordings of my conversations. I was initially told that they do not keep recordings. I've since been told that they only keep up to six months worth of recordings. These conversations took place two and a half years ago.
I was recently provided a copy of the Loan Activity correspondence between Loss Mitigation and I. I've attached a few of those excerpts to this complaint (See attachments 8, 18, and 31). It serves as a window, but it is not complete. This is because the "complete" report omits information, and omits entire conversations such as the one in which I extended the forbearance (as well as others that can be substantiated through my cell phone records). For example, it logs numerous attempts to call me often followed by "customer hung up", but omits that when these calls actually did occur, they were in fact robocalls that did not lead to a live person, but instead an automated message informing me to call SchoolsFirst. Each time I would return the call, the agent would have no idea why I'd been told to call. There were several instances upon which I would receive this notice mere minutes before the close of business, which left me no time to call back even if I'd wanted to. I thought this was a particularly cruel sort of call to receive, as I was already being held captive in a desperate and indefinite state of worry and XXXX over my home. The notes also log their attempts to contact me via email, but they omit how I cannot view whatever was written in that email because my "account status" prevents it. There are also several notations on there that are very clearly not related to me. For example on XXXX "POSTDATED CHECK.. TAD XXXX MADE PMNT XXXX DATED FOR FRIDAY XXXX RFD LOSS OF EMPLOYMENT THANK YOU FOR CALLING BCU. THANK YOU FOR YOUR MEMBERSHIP" (see attachment 8). I do not own checks; its XXXX for Gods sake. I have never owed nor paid specifically XXXX to SchoolsFirst, I have never even heard of XXXX, and I have never been let go from my place of employment. While this meticulous record keeping has nothing to do with me, perhaps they should find and review the notes of the person who wrote that post dated check (if they even exist) to see if my notes are with theirs.
On XXXX XXXX XXXX, over a year after I had exited the forbearance, I finally received a letter from SchoolsFirst which stated, "A review on XXXX determined the application is complete and no further information is needed at this timeWe will not initiate any foreclosure actions or proceedings by sending first notice or filing first legal documents until your complete assistance package has been evaluated." (see attachment 9). The following day, like a sick joke, I received another letter from SchoolsFirst which stated "Please be informed your mortgage loan has been referred for foreclosure proceedings. We did not receive a response to the previous letters we sent regarding foreclosure prevention alternatives, but if you are still interested, it is not too late" (see attachment 10). I received two additional letters dated XXXX XXXX XXXX from XXXX XXXX XXXX informing me that a Notice of Default had been recorded against my property. In response I sent three separate Qualified Written Requests via certified mail in which I contested the Notice of Default and requested an itemized statement, but those letters have never been acknowledged (see Attachment 11). The Notice of Default specifically indicated "XXXX XXXX XXXX" as "the date contact with the borrower was accomplished pursuant to Civil Code Section XXXX". However, according to the loan activity notes as provided by Loss Mitigation, no such contact ever occurred on that date.
Immediately leading up to the filing of the Notice of Default my application had been refused for months as SchoolsFirst kept refusing my application and repeatedly asking me to submit a "signed financial form". This was several months of me calling back in a perpetual state of confusion and having them look through my application to verify that it was: a.Received b.The correct form and c.Not missing a signature. This would be followed up with receiving yet another letter from SchoolsFirst informing me to submit a "signed financial form". They finally let me know months later that I had been submitting the wrong form the entire time because they had sent the wrong form to me. I've attached one of my latter responses to SchoolsFirst that directly addressed this (attachment 1). Coincidentally, this had lasted right up until they had filed the Notice of Default.
Soon after, SchoolsFirst resumed their "missing documents game. Their new document request was originally posted with such a vague description that I was forced to call Loss Mitigation in an attempt to get clarification on what was even being asked of me. Loss Mitigation's original interpretation of the request was wrong of course, which prolonged the delay even further. Even after I had successfully submitted the requested document, SchoolsFirst continued to refuse acceptance of the document for weeks. Attached is my 3rd submission to them regarding this (see attachment 12). Despite the multi-colored map I drew outlining how this document was indeed what they asked for, it was also rejected.
In spite of my tireless efforts to meet their demands and in spite of their promises to work with me, on XXXX XXXX my request for assistance was denied. The three programs I was considered for were FORBEARANCE PLAN, REPAYMENT PLAN and LOAN MODIFICATION. I was denied a forbearance because my hardship reason does not meet program guidelines. The repayment plan was denied because after they reviewed my financial information, it was determined that your income is insufficient to qualify for any foreclosure alternative programs at this time. And lastly I was denied a loan modification because after reviewing my housing expense to income ratio we determined that it does not meet the requirement for a loan modification (see attachment 13). Using my "housing expense to income ratio" to deny assistance is a highly self-seeking decision for a lender to make after playing a significant role in shredding the figure before evaluating it. My income is also XXXX higher now than it was when I originally qualified to both refinance and open a HELOC in XXXX. It is approximately XXXX higher now than it was when they approved a forbearance in XXXX. But now my income is no longer a "sufficient amount"? More importantly, a deferment was not even included among the list of loss mitigation options I was considered for despite my request in my application and repeated assurances from SchoolsFirst. Attachment 14 is just one of many emails Ive sent to SchoolsFirst about a deferral and attachment 15 is a screenshot from SchoolsFirst's website that unequivocally states that you can defer payments after the forbearance period. Denied any assistance, my only option now was to pay the full amount in one lump sum.
Taking a comprehensive accounting of my loan has been a nearly impossible task since I do not have access to my full mortgage payment history. I am no longer sent monthly paper statements, and my website access and app access to all past and current statements have been blocked by SchoolsFirst due to my "account status" (see attachment 16). SchoolsFirst states that you can have 24/7 access to your loan and updates regarding your loss mitigation requests online at loansolutioncenter.com. That is yet another lie (see attachment 16). Whatever numbers I have been able to retrieve are extremely unclear and inconsistent. Lack of access and equivocal information is problematic since throughout this time I have had the financial ability to resume my monthly payment, and I have made multiple attempts to make those payments. Despite these attempts, my payment history appears hit-or-miss as SchoolsFirst has either accepted or refused my payments at-random. There were several months where I was prohibited from making a payment because I was told that it was considered a "partial payment" and they would "not accept anything less than the full amount of the delinquency". One representative stated that they would not accept the payment because "it was not going to cure the delinquency". Of course neither were my interest-only HELOC payments (that were secured by the same collateral), and they've had no problem regularly removing that payment from my account every month.
When my payments were accepted, I breathed a sigh of relief and did not realize at the time that I should scrutinize where my payments were going after I'd been provided confirmation of receipt. So when I went through my escrow transactions, one of the few things related to my mortgage that I still have unrestricted access to (see attachment 17), I was shocked and confused at how irregular my payments had been applied and whether or not they even had. I compared the escrow transactions to the loan statements I had and noticed that several payments were misapplied, not applied when received, or not applied at all. Several of my payments did not move forward my delinquency date, making it appear as though I am even further behind than I actually am. Monthly late fees and "property preservation" fees have accumulated regardless of whether or not I'd made a payment (see attachment 19). On several instances, Schools First refused payment until the payment was past due, which resulted in assessing frivolous late fees (see attachments 18 and 19). Some months my payments were even shown as being accepted but then "refunded", subsequently accruing more late fees. In reality those "refunded" payments were never actually reimbursed to my account. I went through and compared every bank statement from the past two years and noticed that there were several instances where I had received emails indicating to me that my payment had been accepted, in spite of whether or not that was even true. In XXXX XXXX for example, I received three separate emails from SchoolsFirst that thanked me for making three individual mortgage payments. Despite having not authorized all three of these payments, my bank account at the time indicated that my account had been debited for them. These payments are still shown on my loan statements and escrow transactions, yet not one of those payments were ever applied towards reducing the loan, and the withdrawals from my bank account are no longer reflected in the transaction history. Meanwhile, an XXXX XXXX mortgage statement indicated that a full periodic payment was fully applied to my negative escrow balance. Yet according to my bank statements, no such amount ever even left my bank account at that time! In fact my bank statements show several mortgage payments which resulted in an actual decrease of my total available account balance, but my loan statements do not accurately account for each of those payments. The money in my "Unapplied Funds" account seems to appear out of nowhere and disappear just as quickly. I've recently found the most success in being allowed to make a payment by going into an actual branch, and I recently discovered that they would print my past statements for me at my request. Yet even when paying inside of an actual branch, my payments are still not accounted for appropriately nor are they applied upon receipt, and the transactions do not make any sense even to SchoolsFirst! The manager at the nearest SchoolsFirst branch can't explain any of this. I know because I have sat down with her and she has tried. In addition to this, I have also attempted to address the discrepancies with them in detail via telephone and email, and the issue continues to be either ignored or dismissed (See attachments 20 and 21). The most recent time I brought this up, I was told that Loss Mitigation had attempted to call me three times on one particular day (along with leaving a message for me). According to my cell phone records, this is simply not true.
As a result of this apparent book cooking, Ive made several attempts to request an itemized accounting of my loan and a full payment history beginning with the date of delinquency. In addition to the previously mentioned ignored Qualified Written Requests, I also attempted to contact the lawyer/trustee that had been assigned to my loan. Their phone number led to an automated recording which instructed me to contact them via email. I attempted to email and was charged XXXX for an emailed response of a payoff statement that was neither itemized, nor accurate, in spite of that being the specific point of my request (see attachments 22 and 23) However that statement stated "For itemization please call XXXX. So I did this, and I was connected to an automated recording stating that Id reached XXXX XXXX XXXX, although I do not bank there nor hold a loan with that credit union. The man who answered claimed to be from "Schools Credit Union", claimed to have never heard of XXXX XXXX XXXX, and had no idea what I meant when I asked for a simple itemization. The man had the audacity to ask me if I was calling the correct number and ultimately stated that he would forward the request to the attorney assigned to my loan. I was then charged another XXXX to be sent another emailed statement that was again neither itemized nor accurate, and like the statement before, it said "For itemization please call XXXX" (See attachment 24).
By letter and by email I've submitted a Request To Know under the California Consumer Privacy Act, and in response they denied my inquiry for my own personal information and they stated that they were unwilling to complete my request. SchoolsFirst simply refuses to provide accurate and timely information regarding my loan or anything at all for that matter! Whether it's regarding my own personal information, or the total amount I owe, to who actually owns and/or services my loan, to when exactly (and if) my home has a sale date, or who to contact regarding any of this information. One payoff statement I received directed me to send payment to XXXX XXXX. XXXX XXXX XXXX (See attachment 25), so even who to pay is questionable! My purported monthly mortgage payment changes from one document to the next as well. The amount that they provided to the IRS on my 1098 was a different amount than the one shown on my loan statements. So they do not report accurate information to the IRS (in addition to the wrong mortgage payment on two 1098s, they also reported inaccurate amounts regarding what I have paid to them and what they have refunded to me). In XXXX and XXXX they reported that they had paid out money from my escrow in order to refund several of my periodic payments. While I did receive those checks, I did not cash them. However that money was still reported as being removed from my escrow account. I had asked to have those checks reissued and instead, according to my loan statements, it appears as though that money was applied towards my loan, (where it was sent by me in the first place several months prior). I can only assume that this is what happened since according to my loan statements- money was applied to my loan, and it was money that did not come from out of my bank account at the time. I was told however, that the checks "were reissued" to me. I never received a reissue of these checks.
They also do not report accurate information to any of the credit bureaus. Their incorrect reporting played a significant role in the status of my alleged past due balance and the debt to income ratio that SchoolsFirst used to justify their determination to deny my request for a loan modification. Specifically, their denial letter stated "The consumer reporting agency contacted that provided information that influenced our decision in whole or in part was XXXX XXXX." So I requested the report from that agency and according to that report, my loan has had no payments made since XXXX of XXXX, (see attachment 26) despite the fact that I have made more than 15 payments since then according to my escrow balance sheet (see attachment 17 highlights).
Shortly after receiving the denial letter, I had gotten into contact with a "Loss Mitigation Specialist" from the Real Estate Servicing Department, after emailing and then calling their department in a desperate attempt to find anybody willing to help me. I attempted to explain everything that had led up to this point, and was initially hopeful and relieved to not have to continue communicating with SchoolsFirst's unhelpful call center. I was encouraged to submit an appeal to the denial, and to "trust the process". I did so, and on XXXX XXXX I learned I'd been approved for a repayment plan. Fortunately by now I'd had the wherewithal to know better than to rely on their mailed correspondence, and only through my own relentless calling was I able to retrieve this information in a timely manner. Left to SchoolsFirst's mailings, I received the letter with the details of this repayment plan on XXXX XXXX, two days after I was required to communicate my intent, and a full day after I was expected to have made a down payment of an amount that wasnt even possible for me to make.
The plan was scheduled to begin on XXXX XXXX and the first payment required was a down-payment of XXXX (see attachment 27), just shy of 17 months worth of payments. On top of this, the repayment plan indicated that my mortgage payment would nearly double for the next two years. While I have a sizable down payment saved because of the gaps in time where they refused to take my payments, XXXX was an amount they knew I would not have even if I had completely cleared out every cent I had. SchoolsFirst knew precisely what I had and did not have, after I had been forced to send in multiple applications, Financial Forms, bank statements, paystubs, tax returns, w-2s, mortgage statements, hardship letters, letters of employment, and even my divorce decree. Not to mention I had also discussed all of this again with my contact in the Real Estate Department as she easily reviewed my accounts from her side seeing as how my lender is also my bank.
Even if I could've somehow procured XXXX in that short amount of time (they couldn't even deliver their letter requesting the payment within the amount of time they were expecting me to furnish that amount!), they were asking me to completely drain everything I had in my checking and savings combined, and then hike up my total mortgage payment to nearly 60% of my take home pay- to repay an amount that was more than what I ever even owed to them! The "total amount due" in the repayment plan once again was not accurate, nor was it consistent with itself or any other document. It stated that the total past due amount was XXXX, yet when I did the math the total amount it had me paying back throughout the life of the repayment plan was XXXX. Why would I have to pay back a different number than the indicated "total past due amount"? If what I owe is actually XXXX, why wouldn't it just state that number instead? (see attachment 27) Meanwhile the loan statement for that month stated the total past due amount was XXXX with a XXXX amount due, and the reinstatement document I received stated the total to reinstate was both XXXX and XXXX! (See attachment 28).
The repayment plan indicated that I had the option to either accept or refuse these terms by XXXX XXXX (see attachment 29) or appeal one final time by XXXX XXXX (see attachment 30). I called and spoke with an agent to discuss and confirm my right to appeal (see attachment 31). Not one to be
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- Debt collection
- Mortgage debt
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- Seized or attempted to seize your property
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XXXX XXXX XXXX XXXX VIOLATED A COURT ORDER, TRESPASSED AND MISREPRESENTED IN COURT TO MOVE ON A WRONGFUL FORECLOSURE WITHOUT ANY EVIDENTIARY DOCUMENTS OR AUTHORITY. MANDATORY NOTICE AFFIDAVIT of LEGALITY I XXXX XXXX I am that I am a living spirit, flesh and blood natural man on the land, creation of most high creator, in the same image, given dominion to rule, not a slave to any debt or otherwise. Hereby depose and reserve all my rights without prejudice. I am over the age of XXXX and knowledgeable of the facts evidence and proofs within this TRUTH and competent to testify before a Jury and Just Judge in an Upright Court. Illegal documents have been filed against me and my home, the property I own at XXXX XXXX XXXX XXXX GA XXXX legal description THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF GEORGIA , COUNTY XXXX, DESCRIBED AS FOLLOWS : All that tract or parcel of land lying and belonging in Land lot XXXX of the XXXX District, XXXX County Georgia, being Lot XXXX Block XXXX of XXXX XXXX XXXX as per plat thereof recorded in Plat book 33 page 194-199, XXXX County Georgia Records, which recorded plat is incorporated herein by reference and made a part of this description.. The person signing the unlawful document is XXXX XXXX of XXXX XXXX XXXX XXXX XXXX Ga XXXX XXXX XXXX have presented no authority and is a third party with whom I have no business, contract or lease, XXXX XXXX HAVE NEVER PROVIDED ANY FORM OF VALUE IN REGARDS TO THE XXXX HOME AND PROPERTY NOW UNLAWFULLY CONSPIRES TO TAKE IT AND BE ENRICHED FROM THE THEFT BY TAKING, XXXX XXXX has never been my landlord or presented contract from any that could Lawfully claim to be landlord of Grantor, Original Grantee, Issuer, Adverse Possessor of property in good faith for 11 consecutive years XXXX XXXX OCGA 44-7-1, 44-7-2 ,44-7-3,44-7-5 XXXX XXXX is being sought for trespass, unlawful attempts at eviction, misrepresentation, libel and the intentional infliction of emotional distress. theft by taking, Harassment of the XXXX family and property and seemingly aiding and abetting in the fraud to attain property for unjust enrichment as alleged agents for unauthorized entities XXXX XXXX XXXX XXXX XXXX who lacks standing already discovered and adjudicated in XXXX County Court, and had no objections to Exempt From Sale and Levy Court Order or Bankruptcy. XXXX XXXX of XXXX XXXX XXXX being a party to said case proved up no contract, authority, despite several hearings. None objections or contract entered by XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX or Specialized Loan Servicing resulting in two court orders 1.Exempting the property from sale and Levy and 2.Discharge. No lawful Contractual agreement exists between parties XXXX and XXXX XXXX XXXX XXXX XXXX , XXXX XXXX XXXX XXXX XXXX, Specialized Loan Servicing, XXXX XXXX XXXX or XXXX XXXX, XXXX XXXX, XXXX XXXX. None. Evidence or unequivocal proof of alleged loan were ever presented. None unequivocal evidence of a creditors lien, lease or debt upon which a right to evict or collect was Presented in ANY case, NONE secured party creditor, with contract between XXXX and any of the parties, a lien or note holder in due course to prove up an unbroken chain of authority as Georgia Law Requires was presented IN THEIR NAMES and NONE Objections were made to either court orders.
XXXX GAVE MULTIPLE OPPORTUNITY TO PROVE UP : THE DEBT, SOURCE OF A LOAN, VERIFIED NAME AND IDENTITY OF LENDER, SECURED PARTY CREDITOR AND ACCOUNT RECIEPT WITH SIGNATURES FOR AUTHENTICATION, NO THIRD PARTY HEARSAY AND OR CARBON COPIES ARE ACCEPTABLE, UNEQUIVOCAL EVIDENCE AND PROOF BY ORIGINAL SIGNATURES ONLY AS THE LAW REQUIRES. DUE TO THE OVERWHELMING FRAUD, DUPLICATION OF DOCUMENTS, UNACOUNTED FOR PAYMENTS, ADDING AND SUBTRACTING OF ROBOSTAMPED SIGNATURES, UNIDENTIFIABLE SIGNATURES, FRAUDULENT ATTESTORS and MALICIOUS MISREPESENTATIONS by PERJURING ATTORNIES with LACK of CONTRACTS XXXX XXXX Grantee party who receives title to real property from the seller ( grantor ) XXXX XXXX VOIDS security deed, assignment and deed under power. ORIGINAL GRANTEE RESERVES ALL RIGHTS WITHOUT PREJUDICE O.C.G.A.10-7-23. Refusal to deliver evidence of debt and securities on tender of amount of debt as discharging surety The surety may tender to the creditor the amount of his debt and demand that the evidence of and the securities for the same be delivered up to him to be enforced against his principal or co-sureties ; and a failure of the creditor to comply, when within his power, shall operate to discharge the surety. O.C.G.A. 10-1-393 Unfair or Deceptive Practices in Consumer Transactions is Unlawful. Issued checks over {$4000.00} unaccounted for. Issued Original WET INK Note unaccounted for, paid, lost, stolen or destroyed. Original security deed unaccounted for, paid lost stolen or destroyed, min numbers are inactive XXXX NO LONGER HOLDER a third party and had no written order, authority to assign VOIDS THE ASSIGNMENT, A NO INTEREST CONTRACT AS PER UCC NO PROOF OF HOLDER IN DUE COURSE. The law requires purchase for value for ownership to be valid, The parties alleging the care, custody and control of the actual evidence and information about the transfer or sale of the debt, note or mortgage is XXXX XXXX allegedly on Behalf XXXX XXXX XXXX XXXX XXXX and XXXX XXXX XXXX allegedly on Behalf XXXX XXXX XXXX XXXX XXXX XXXX. The parties should therefore be required to show the details of the transaction in which the debt, note or mortgage was acquired. To me, that means showing a cancelled check or wire transfer receipt in which the reference was to the loan in dispute. Confirming that the note was sold to the PARTIES prior to void foreclosure meant everyone got paid and the wrongful foreclosure is invalid unlawful double dipping unjust enrichment and VOID. Anything less than that raises questions about whether the loan implied by the note and security deed ever existed. O.C.G.A. 44-2-43 Fraud, forgery, and theft in connection with registration of title to land ; penalty- shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than ten years. XXXX Magistrate Court Judge suggested I report the crime to XXXX Law Enforcement and be more specific in the Violations, to give specific violations the judge can bounce off of XXXX XXXX Issuer ORIGINAL Grantee and 1st and Only owner of Warranty Deed in FEE SIMPLE for 11 Consecutive Years is hereby doing so as per Magistrate Judge. Violations FDCPA-15 U.S. Code 1692f Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if ( A ) there is no present right to possession of the property claimed as collateral through an enforceable security interest ; ( B ) there is no present intention to take possession of the property ; or ( C ) the property is exempt by law from such dispossession or disablement ( D ) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. If the consumer notifies the debt collector in writing within the thirty-day period ( 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. Furnishing Certain Deceptive Forms ( 15 USC 1692j ) ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating.
( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 813 for failure to comply with a provision of this title.
( 1 ) Whoever causes damage to the property of another with the intention of procuring unlawful benefit for himself or a third person by knowingly leading such other into an act, sufferance, or omission by means of representing falsehoods as facts or misrepresenting or concealing the existing facts, shall be punished by imprisonment for not less than three months and, if the damage is especially great, not less than two years. A person commits the offense of theft by deception when he tries to obtain property by any deceitful means or artful practice with the intention of depriving the owner of the property. O.C.G.A. 16-8-3 - Theft by deception : Obtaining Property by False Pretenses felony punishable by a maximum term of imprisonment For property valued at {$25000.00} or more Felony : 2 to 20 years imprisonment. Under common law, false pretense is defined as a representation of a present or past fact, which the thief knows to be false, and which he intends will and does cause the victim to pass title of his property. That is, false pretense is the acquisition of title from a victim by fraud or misrepresentation of a material past or present fact.
What Is Theft by Conversion in Georgia?
Theft by conversion in Georgia begins with lawfully obtaining another individuals property or funds. The perpetrator then uses the funds or property for their own use without the lawful owners permission. The property can be personal property or real property as in UNLAWFUL SECURITIZATION and UNLAWFULLFORCLOSURES.
What Is Considered Personal Property in Georgia?
According to Georgia law, personal property refers to any property with the replacement value more than {$100.00}. This excludes any late fees or other penalties that may raise the value of the property.
Examples of theft by conversion includes : Payment not applied for the specific purpose, but used for other purposes instead Are Theft by Conversion and Theft by Deception the Same Crime in Georgia?
No. Theft by deception is the criminal act of using false pretenses to obtain someones property. The false pretense includes making a claim about a past event or existing fact. Theft by conversion does not include making false claims or wrongfully obtaining the property. Instead, the person takes the property from someone else legally before deciding to keep or use the property.
Is Theft by Conversion a Felony or Misdemeanor?
The crime can be either a felony or misdemeanor. What a person is charged with depends on the value of the property. Theft by conversion involving property valued at {$1500.00} or under is a misdemeanor. If the amount is over {$1500.00}, then it is a felony. What Is the Punishment for Theft by Conversion? The misdemeanor punishment for theft by conversion is up to 12 months in county jail and/or a {$1000.00} fine. Making false statements ( 18 U.S.C. 1001 ) is the common name for the United States federal crime laid out in Section 1001 of Title 18 of the United States Code, which generally prohibits knowingly and willfully making false or fraudulent statements, or concealing information, O.C.G.A. 16-10-20. False statements, concealment of facts, and fraudulent documents in matters within jurisdiction of state or political subdivisions.A person who knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact ; makes a false, fictitious, or fraudulent statement or representation ; or makes or uses any false writing or document, knowing the same to contain any false, fictitious, or fraudulent statement or entry, in any matter within the jurisdiction of any department or agency of state government or of the government of any county, city, or other political subdivision of this state shall, upon conviction thereof, be punished by a fine of not more than {$1000.00} or by imprisonment for not less than one nor more than five years, or both.O.C.G.A 16-8-102 Residential mortgage Fraud. Offense of residential mortgage fraud A person commits the offense of residential mortgage fraud when, with the intent to defraud, such person : ( 1 ) Knowingly makes any deliberate misstatement, misrepresentation, or omission during the mortgage lending process with the intention that it be relied on by a mortgage lender, borrower, or any other party to the mortgage lending process ; ( 2 ) Knowingly uses or facilitates the use of any deliberate misstatement, misrepresentation, or omission, knowing the same to contain a misstatement, misrepresentation, or omission, during the mortgage lending process with the intention that it be relied on by a mortgage lender, borrower, or any other party to the mortgage lending process ; ( 3 ) Receives any proceeds or any other funds in connection with a residential mortgage closing that such person knew resulted from a violation of paragraph ( 1 ) or ( 2 ) of this Code section ; ( 4 ) Conspires to violate any of the provisions of paragraph ( 1 ), ( 2 ), or ( 3 ) of this Code section ; or ( 5 ) Files or causes to be filed with the official registrar of deeds of any county of this state any document such person knows to contain a deliberate misstatement, misrepresentation, or omission. ( see void deed under power ) An offense of residential mortgage fraud shall not be predicated solely upon information lawfully disclosed under federal disclosure laws, regulations, and interpretations related to the mortgage lending process.
O.C.G.A.16-8-104 Authority to investigate and prosecute for residential mortgage fraud District attorneys and the Attorney General shall have the authority to conduct the criminal investigation and prosecution of all cases of residential mortgage fraud under this article or under any other provision of this title. Nothing in this Code section shall be construed to preclude otherwise authorized law enforcement agencies from conducting investigations of offenses related to residential mortgage fraud.
O.C.G.A. 51-6-4 51-6-4. Fraud by acts or silence ; estoppel to assert title a ) A fraud may be committed by acts as well as words.
( b ) One who silently stands by and permits another to purchase property, without disclosing title, is guilty of such a fraud as estops him from subsequently setting up such title against the purchaser.
XXXX XXXX OBJECTS XXXX XXXX XXXX XXXX XXXX , XXXX XXXX XXXX XXXX. SPECIALIZED LOAN SERVICING AND THEIR ALLEGED AGENTS, PRESENTED NO TITLE, NO CONTRACT IN THEIR NAME, NO LIEN AND CANT PRODUCE LAWFULL PROOF OF ANY CLAIMS OF OWNERSHIP AUTHORITY OR STANDING TO FORECLOSE OR EVICT, TRUE OWNER OF TITTLE AND ADVERSE POSESSER XXXX XXXX SEE WARRANTY DEED, OWNERS TITTLE INSURANCE, LAND PATENT CLAIM AND ALL OTHER AUTHORITIVE DOCUMENTS PROOVING XXXX OWNERSHIP INTEREST AUTHORITY AND STANDING, GOOD FAITH ADVERSARIAL POSSESION WITH FAMILY for 11 CONSECUTIVE YEARS.
Using the Mails to Defraud - Crimes of Fraud are CRIMES INVOLVING MORAL TURPITUDE and, therefore, use of the mails in order that the contents of such communication be relied upon by recipient to defraud would amount to a crime which, of necessity, involve moral turpitude. READILY AVAILABLE UPON REQUEST MISREPRESENTED FRAUDULENT AND TAMPERED DOCUMENTS SENT THROUGH USPS MAIL TO HARRASS XXXX AND FORCE UNFAVORABLE ACTIONS.
O.C.G.A. 44-2-14 Requirements for recordation no instrument by which the title to real property or any interest therein is conveyed, created, assigned, encumbered, disposed of, or otherwise affected shall be entitled to recordation unless the name and mailing address of the natural person to whom the affidavit or instrument is to be returned is legibly printed, typewritten, or stamped upon such affidavit or instrument at the top of the first page thereof.
O.C.G.A. 11-9-201. General effectiveness of security agreement.
( a ) General effectiveness. Except as otherwise provided in this title, a security agreement is effective according to its terms between the parties, against purchasers of the collateral, and against creditors.
O.C.G.A. 13-1-8. Contract defined -- Entire and severable contracts ( a ) A contract may be either entire or severable. In an entire contract, the whole contract stands or falls together. In a severable contract, the failure of a distinct part does not void the remainder.
( b ) The character of the contract in such case is determined by the intention of the parties. O.C.G.A.13-1-1. Contract defined -- Generally A contract is an agreement between two or more parties for the doing or not doing of some specified thing.
Grantor Owner Affiant XXXX Issued a Note valued at {$230000.00} received No guarantee of performance, loan receipt, validation of debt, creditors lien, despite several petitions and request to meet face to face. However XXXX note a negotiable instrument of value tendered and not returned dis-honored Manor Homes Received payment A FAIR EXCHANGE. Since then the note I issued, quote HAVE BEEN CHOPPED UP AND DUPLICATED SO MANY TIMES WE WOULDNT KNOW WHERE TO FIND IT end quote. Witness evidence must be subpoena by the court for disclosure XXXX XXXX is not A tenant but 1st possessor of tittle for 11 consecutive years and invokes his good faith adverse possession rights. A fraudulent deed under power was filed against my property by XXXX XXXX XXXX and voided by owner XXXX because of the fraud. XXXX was in Bankruptcy at the time of wrongful invalid and void Sale.
NO OBJECTION, request of a lift or permission to pursue was ever presented by XXXX XXXX XXXX , BXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Specialized Loan Servicing, the responsible attorneys I believe to be a XXXX XXXX XXXX XXXX XXXX attorneys for the firm XXXX XXXX XXXX.
11. XXXX XXXX made misrepresentative statements prior, on behalf of XXXX XXXX in XXXX County Court Appearance and to my belief perjured.to cover up their fraudulent misrepresentation. evidence readily available upon request.
O.C.G.A. 16-10-70. Perjury ( a ) A person to whom a lawful oath or affirmation has been administered commits the offense of perjury when, in a judicial proceeding, he knowingly and willfully makes a false statement material to the issue or point in question.
( b ) A person convicted of the offense of perjury shall be punished by a fine of not more than {$1000.00} or by imprisonment for not less than one nor more than ten years, or both. Perjury -- Overview Of 18 U.S.C. 1621 And 1623 Violations Manual at 902 et seq.
12. O.C.G.A. 16-10-72. Subornation of perjury or false swearing A person commits the offense of subornation of perjury or false swearing when he procures or induces another to commit the offense of perjury or the offense of false swearing and, upon conviction thereof, shall be punished by a fine of not more than {$1000.00} or by imprisonment for not less than one nor more than ten years, or both.
13. Guilty of subordination of perjury18 U.S.C. 473 - Buying, Selling, Exchanging, Transferring, Receiving, or Delivering any False, Forged, Counterfeit, or Altered Obligation or Security of the U.S., with Intent that the Same be Passed, Published, or Used as True.
14. O.C.G.A. 16-8-3. Theft by deception ( a ) A person commits the offense of theft by deception when he obtains property by any deceitful means or artful practice with the intention of depriving the owner of the property.
15. ( b ) A person deceives if he intentionally : ( 1 ) Creates or confirms another 's impression of an existing fact or past event which is false and which the accused knows or believes to be false ; ( 2 ) Fails to correct a false impression of an existing fact or past event which he has previously created or confirmed ; ( 3 ) Prevents another from acquiring information pertinent to the disposition of the property involved ; ( 4 ) Sells or otherwise transfers or encumbers property intentionally failing to disclose a substantial and valid known lien, adverse claim, or other legal impediment to the enjoyment of the property, whether such impediment is or is not a matter of official record.
Grand Theft is a Crime Involving Moral Turpitude- When the property is taken from the person of another. Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, Title 42 1943-unique importance : enforcement is placed in the hands of the people ( a ) Arrest warrants, contempt of court order petition, trespass, illegal eviction judgements among moral turpitude and other violations of Georgia codes and Supreme Court Laws and violations of Constitutional protections are being sought for all three perpetrators.
( b ) Contempt of court. Failure to appear pursuant to any summons or subpoena, disrespectful conduct or failure to comply with any other order or judgment of the court shall constitute contempt of court and be punishable as provided by the City Charter..
( c ) O.C.G.A. 16-7-21 Criminal trespass A person commits the offense of criminal trespass when he or she knowingly and without authority : ( 1 ) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person for an unlawful purpose ; ( 2 ) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person after receiving, prior to such entry, notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant that such entry is forbidden.
( d ) The entity these men claim to be representing, XXXX XXXX XXXX XXXX XXXX, denied owning the loan, denied owning the property, is unable to present the original note for authentication, does not own a Lawful Original security deed and Note signed by XXXX and themselves as parties to a contract registered in XXXX County Clerks Office, Can not prove up an unbroken chain of holder in due course AND DENIED involvement in the fraudulent wrongful foreclosure process.
( e ) Transporting forgery securities interstate commerce ( 18 U.S.C. Section 2314 ), 18 U.S.C. 912 is a divisible statute and defines two separate offenses. First, " whoever falsely assumes or pretends to be an officer or employee, acting under the authority of the United States or any department, agency or officer thereof, and acts as such '' ; or, second, " in such pretended character demands or obtains any money, paper, document, or thing of value. '' Conviction for violation of the second portion necessarily involves an element of fraud ; and fraud being present, the crime is one involving moral turpitude CRIMES AGAINST PROPERTY ( f ) Moral turpitude attaches to any crime against property, which involves " fraud, '' whether it entails fraud against the Government or an individual. The major crimes against property, which involve an evil or predatory intent, likewise involve moral turpitude. Certain crimes against property may require guilty knowledge or an intent to permanently take property.. CRIMES AGAINST PROPERTY FOUND TO INVOLVE MORAL TURPITUDE ( g ) Forgery.
( h ) Uttering a Forged Instrument.
( i ) Accessory Before the Fact in Uttering a Forged Instrument.
( j ) Possession of Stolen Property ( k ) Sending Threatening Letters Through Mail with Intent to Extort.
Fraud.
( l ) Encumbering Property with Intent to Defraud.
( m ) Passing Forged Instruments.
( n ) Attempted Fraud.
( o ) Using the Mails to Defraud.
( p ) Securities Fraud.
( q ) Conspiracy to Defraud the Public.
( r ) Transporting Stolen Property.
( s ) Obtaining Money by False Pretenses.
( t ) Malicious Trespass.
Everyone who causes any event by an act which he knew would probably cause it, being reckless whether such event happens or not, is deemed for the purposes of this part to have caused it willfully.
O.C.G.A. 44-14-33. Attestation or acknowledgment of mortgage ; additional witness in case of land ; constructive notice In order to admit a mortgage to record, it must be attested by or acknowledged before an officer as prescribed for the attestation or acknowledgment of deeds of bargain and sale ; and, in the case of real property, a mortgage must also be attested or acknowledged by one additional witness. In the absence of fraud.
( u ) The crime of document forgery is committed by any of the following means : ( v ) Placing a false signature or flourish, even though imaginary, or altering a true one.
( w ) Accessory Before the Fact in Uttering a Forged Instrument is a Crime ( x ) Every person concerned in the commission of a crime is a party thereto. O.C.G.A. 16-2-20. Any party who did not directly commit the crime may be convicted of the crime upon proof that the crime was committed and he was a party thereto, despite the outcome of the one who directly committed the crime. O.C.G.A. 16-2-21.0a ( y ) O.C.G.A. 16-2-0 ( b ) ( z ) Accessory before the fact ; accessory after the fact is hindering apprehension " Abet '' means to encourage, incite, or help and " Aid '' means to give help or assistance to. Proof of a common criminal intent with the actual perpetrators is necessary, and may be inferred from his conduct before, during, and after the crime. If associates shared common design to do an unlawful act, then any act done in pursuance by any one of them would be the act of each of them.
( aa ) Penalty ( bb ) Punishment is that of the substantive offense. O.C.G.A. 16-2-21.
( cc ) Whoever aids in the commission of a felony, or is accessory thereto before the fact by counseling, hiring or otherwise procuring such felony to be committed shall be punished in the manner provided for the punishment of the principal felon.
( dd ) An accessory to a felony before the fact may be indicted, tried and punished in the same county where the principal felon might be indicted and tried, ( ee ) Uttering Forged Record or Contract.
( ff ) Whoever, with intent to injure or defraud, utters and publishes as true a false, forged or altered record, deed, instrument or other writing knowing the same to be false, forged or altered, shall be punished by imprisonment in the state prison for not more than 10 years in jail for not more than two years.
( gg ) Forgery of Public Documents.
( hh ) Swindling ( ii ) Conspiracy to Commit Forgery in the Third Degree and Making False Statement ( jj ) Forgery is a Crime Involving Moral Turpitude-, Georgia .
( kk ) State of Georgia conviction for forgery. XXXX v. XXXX, XXXX XXXX XXXX ( XXXX Cir. XXXX XXXX ( XXXX Cir. XX/XX/XXXX ). The XXXX Circuit in XXXX v. XXXX, XXXX XXXX. Appx. XXXX ( XXXX Cir. XX/XX/XXXX ), held that a conviction for forging proof of financial responsibility under the Texas Transportation Code, section 601.196, was a XXXX as the offense involved forgery and was fraudulent in nature.
( ll ) Attempting to Obstruct or Impede the Progress of Justice.
( mm ) 18 U.S. Code 1505 - Obstruction of proceedings before departments, agencies, and committees ( a ) Whoever, with intent to avoid, evade, prevent, or obstruct compliance, in whole or in part, with any civil investigative demand duly and properly made under the Antitrust Civil Process Act, willfully withholds, misrepresents, removes from any place, conceals, covers up, destroys, mutilates, alters, or by other means falsifies any documentary material, answers to written interrogatories, or oral testimony, which is the subject of such demand ; or attempts to do so or solicits another to do so ; ( b ) The Real Estate Settlement Procedures Act ( RESPA ) was a law passed by the United States Congress in 1974 and codified as Title 12, Chapter 27 of the United States Code, 12 U.S.C. 26012617.
( c ) Section 8 of RESPA prohibits a person from giving or accepting any thing of value for referrals of settlement service business related to a federally related mortgage loan. It also prohibits a person from giving or accepting any part of a charge for services that are not performed.
( d ) All attempts to hold these conspirators accountable have failed thus far However XXXX was instructed by Magistrate Judge to refile warrant application for XXXX XXXX because lack of service of last notice to appear. I am now pleading with the F.B.I., XXXX District Attorney, Georgia Attorney General 's Office to Investigate these bullies.
O.C.G.A. 51-6-1. Right of action for fraud accompanied by damage : Fraud, accompanied by damage to the party defrauded, always gives a right of action to the injured party. The XXXX Family is the only Injured Party and has lost thousands and missing notes, is suffering financially and emotionally, Georgia applies the Impact Rule which permits recovery for negligent infliction of emotional distress only when the conduct causes a direct physical impact on the plaintiff. XXXX v. XXXX, XXXX XXXX XXXX. XXXX, XXXX XXXX XXXX. The contact may be de minimis and still be sufficient for the plaintiff to recover.
XXXX lost thousands of dollars in the fraud and shall continue defending our home of 11 CONSECUTIVE YEARS.XXXX XXXX XXXX XXXX XXXX XXXX XXXX HAVE NO INTEREST IN OUR HOME AND SEEKS ONLY THE UNJUST FINANCIAL GAIN THEY CAN RECEIVE XXXX HAD PRIOR KNOWLEDGE THAT THE PROPERTY IS UNDER AN EXEMPT FROM SALE AND LEVY COURT ORDER IN WHICH HE LITIGATED AND FAILED, IN WHICH HE TRIED TO GET OVERTURNED AND FAILED.SPECIFIC QUESTIONS WERE ASKED BY TWO XXXX COUNTY JUDGES REQUEST TRANSCRIPT OR AUDIO OF CASES AS EVIDENCE.XXXX XXXX knew XXXX is under bankruptcy before wrongful invalid void foreclosure. Debts discharged with NO OBJECTION FROM PARTIES XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX SPECIALIZED LOAN SERVICING XXXX XXXX XXXX OR ANY CREDITOR AT MEETING OF CREDITORS AND NO PRESENTMENT OF A CREDITORS LIEN.
Here are some basic black letter rules, that have been followed for centuries : 1. A holder must possess the original note.
2. Transfer of possession must be authenticated by an affidavit or certification based upon personal knowledge. In writing 3. A party relying upon power of attorney or other document must produce the authenticated original of that document.
4. Using the words as attorney in fact means nothing unless the party is able to produce a witness who, in their own personal knowledge, knows and states that the POA is in writing and has not been revoked.
5. That witness must be able to lay the factual foundation and authentication for introduction of the Power of Attorney or any other such document.
6. Without such foundation and authentication, any testimony or documents proffered by virtue of the POA can not be admitted into evidence and for purposes of the case then, such statements or documents do not exist.
7. A party who claims a legal relationship with another party and who relies upon it for proffering evidence must provide evidence of the legal relationship.
8. A Power of Attorney must be in writing, duly signed and acknowledged as set forth in state statutes. Oral Powers of Attorney can not be used to circumvent the requirement that interests in real property ( including mortgages ) must be in writing.
9. A party seeking to enforce a note must be able to establish, through competent evidence, the location and the previous locations of the note in order to establish possession and the right to enforce, respectively.
10. Certifications must be based upon personal knowledge and
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- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
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- Incorrect information on your report
- Account information incorrect
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LEXISNEXIS/XXXX XX/XX/2022 To whom it may concern, My name is XXXX XXXX XXXX and Im writing you this because I was recently thumbing thru my Consumer report the other day & realized that the information provided on my Consumer report is inaccurate.
*XXXX Account number XXXX is in violation of 15 U.S. Code 1681a - Definitions ; rules of construction ( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; And is in violation of : 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.
Also is in violation of : 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.
Also is in violation of : 15 U.S. Code 1681d - Disclosure of investigative consumer reports ( a ) Disclosure of fact of preparation A person may not procure or cause to be prepared an investigative consumer report on any consumer unless ( 1 ) it is clearly and accurately disclosed to the consumer that an investigative consumer report including information as to his character, general reputation, personal characteristics, and mode of living, whichever are applicable, may be made, and such disclosure ( A ) is made in a writing mailed, or otherwise delivered, to the consumer, not later than three days after the date on which the report was first requested, and ( B ) includes a statement informing the consumer of his right to request the additional disclosures provided for under subsection ( b ) of this section and the written summary of the rights of the consumer prepared pursuant to section 1681g ( c ) of this title ; and ( 2 ) the person certifies or has certified to the consumer reporting agency that ( A ) the person has made the disclosures to the consumer required by paragraph ( 1 ) ; and ( B ) the person will comply with subsection ( b ).
( b ) Disclosure on request of nature and scope of investigation Any person who procures or causes to be prepared an investigative consumer report on any consumer shall, upon written request made by the consumer within a reasonable period of time after the receipt by him of the disclosure required by subsection ( a ) ( 1 ), make a complete and accurate disclosure of the nature and scope of the investigation requested. This disclosure shall be made in a writing mailed, or otherwise delivered, to the consumer not later than five days after the date on which the request for such disclosure was received from the consumer or such report was first requested, whichever is the later.
( c ) Limitation on liability upon showing of reasonable procedures for compliance with provisions No person may be held liable for any violation of subsection ( a ) or ( b ) of this section if he shows by a preponderance of the evidence that at the time of the violation he maintained reasonable procedures to assure compliance with subsection ( a ) or ( b ).
( d ) Prohibitions ( 1 ) Certification A consumer reporting agency shall not prepare or furnish an investigative consumer report unless the agency has received a certification under subsection ( a ) ( 2 ) from the person who requested the report.
( 2 ) Inquiries A consumer reporting agency shall not make an inquiry for the purpose of preparing an investigative consumer report on a consumer for employment purposes if the making of the inquiry by an employer or prospective employer of the consumer would violate any applicable Federal or State equal employment opportunity law or regulation.
( 3 ) Certain public record information Except as otherwise provided in section 1681k of this title, a consumer reporting agency shall not furnish an investigative consumer report that includes information that is a matter of public record and that relates to an arrest, indictment, conviction, civil judicial action, tax lien, or outstanding judgment, unless the agency has verified the accuracy of the information during the 30-day period ending on the date on which the report is furnished.
( 4 ) Certain adverse information A consumer reporting agency shall not prepare or furnish an investigative consumer report on a consumer that contains information that is adverse to the interest of the consumer and that is obtained through a personal interview with a neighbor, friend, or associate of the consumer or with another person with whom the consumer is acquainted or who has knowledge of such item of information, unless ( A ) the agency has followed reasonable procedures to obtain confirmation of the information, from an additional source that has independent and direct knowledge of the information ; or ( B ) the person interviewed is the best possible source of the information.
Also is in violation of : 15 U.S. Code 1681b - Permissible purposes of consumer reports ( 2 ) In accordance with the written instructions of the consumer to whom it relates.
Also is in violation of : 15 U.S. Code 1681n - Civil liability for willful noncompliance ( b ) Civil liability for knowing noncompliance Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or {$1000.00}, whichever is greater. = damages on business loans because of the information you provided on my credit report Also is in violation of : 15 U.S. Code 1681- Congressional findings and statement of purpose ( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy.
Also is in violation of : 15 U.S. Code 1681a - Definitions ; rules of construction ( e ) The term investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumers credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer.
Also is in violation of : 15 U.S. Code 1602 - Definitions and rules of construction ( l ) The term credit card means any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit.
Also is in violation of : 15 U.S. Code 1640 - Civil liability prev | next ( a ) Individual or class action for damages ; amount of award ; factors determining amount of award Except as otherwise provided in this section, any creditor who fails to comply with any requirement imposed under this part, including any requirement under section 1635 of this title, subsection ( f ) or ( g ) of section 1641 of this title, or part D or E of this subchapter with respect to any person is liable to such person in an amount equal to the sum of ( 1 ) any actual damage sustained by such person as a result of the failure ; ( 2 ) ( A ) ( i ) in the case of an individual action twice the amount of any finance charge in connection with the transaction, ( ii ) in the case of an individual action relating to a consumer lease under part E of this subchapter, 25 per centum of the total amount of monthly payments under the lease, except that the liability under this subparagraph shall not be less than {$200.00} nor greater than {$2000.00}, ( iii ) in the case of an individual action relating to an open end consumer credit plan that is not secured by real property or a dwelling, twice the amount of any finance charge in connection with the transaction, with a minimum of {$500.00} and a maximum of {$5000.00}, or such higher amount as may be appropriate in the case of an established pattern or practice of such failures ; [ 1 ] or ( iv ) in the case of an individual action relating to a credit transaction not under an open end credit plan that is secured by real property or a dwelling, not less than {$400.00} or greater than {$4000.00} ; or Also is in violation of : 15 U.S. Code 1635 - Right of rescission as to certain transactions prev | next ( a ) Disclosure of obligors right to rescind Except as otherwise provided in this section, in the case of any consumer credit transaction ( including opening or increasing the credit limit for an open end credit plan ) in which a security interest, including any such interest arising by operation of law, is or will be retained or acquired in any property which is used as the principal dwelling of the person to whom credit is extended, the obligor shall have the right to rescind the transaction until midnight of the third business day following the consummation of the transaction or the delivery of the information and rescission forms required under this section together with a statement containing the material disclosures required under this subchapter, whichever is later, by notifying the creditor, in accordance with regulations of the Bureau, of his intention to do so. The creditor shall clearly and conspicuously disclose, in accordance with regulations of the Bureau, to any obligor in a transaction subject to this section the rights of the obligor under this section. The creditor shall also provide, in accordance with regulations of the Bureau, appropriate forms for the obligor to exercise his right to rescind any transaction subject to this section.
( b ) Return of money or property following rescission When an obligor exercises his right to rescind under subsection ( a ), he is not liable for any finance or other charge, and any security interest given by the obligor, including any such interest arising by operation of law, becomes void upon such a rescission. Within 20 days after receipt of a notice of rescission, the creditor shall return to the obligor any money or property given as earnest money, downpayment, or otherwise, and shall take any action necessary or appropriate to reflect the termination of any security interest created under the transaction. If the creditor has delivered any property to the obligor, the obligor may retain possession of it. Upon the performance of the creditors obligations under this section, the obligor shall tender the property to the creditor, except that if return of the property in kind would be impracticable or inequitable, the obligor shall tender its reasonable value. Tender shall be made at the location of the property or at the residence of the obligor, at the option of the obligor. If the creditor does not take possession of the property within 20 days after tender by the obligor, ownership of the property vests in the obligor without obligation on his part to pay for it. The procedures prescribed by this subsection shall apply except when otherwise ordered by a court.
Also is in violation of : 15 U.S. Code 1681e - Compliance procedures ( b ) Accuracy of report Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.
Also is in violation of : 15 U.S. Code 1681a - Definitions ; rules of construction ( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Also is in violation of : 15 U.S. Code 1681a - Definitions ; rules of construction ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Also is in violation of : 15 U.S. Code 1601 - Congressional findings and declaration of purpose ( a ) Informed use of credit The Congress finds that economic stabilization would be enhanced and the competition among the various financial institutions and other firms engaged in the extension of consumer credit would be strengthened by the informed use of credit. The informed use of credit results from an awareness of the cost thereof by consumers. It is the purpose of this subchapter to assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit, and to protect the consumer against inaccurate and unfair credit billing and credit card practices.
Also is in violation of : 15 U.S. Code 1605 - Determination of finance charge ( a ) Finance charge defined Except as otherwise provided in this section, the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, payable directly or indirectly by the person to whom the credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of credit. The finance charge does not include charges of a type payable in a comparable cash transaction. The finance charge shall not include fees and amounts imposed by third party closing agents ( including settlement agents, attorneys, and escrow and title companies ) if the creditor does not require the imposition of the charges or the services provided and does not retain the charges. Examples of charges which are included in the finance charge include any of the following types of charges which are applicable : ( 1 ) Interest, time price differential, and any amount payable under a point, discount, or other system or additional charges.
( 2 ) Service or carrying charge.
( 3 ) Loan fee, finders fee, or similar charge.
( 4 ) Fee for an investigation or credit report.
( 5 ) Premium or other charge for any guarantee or insurance protecting the creditor against the obligors default or other credit loss.
Also is in violation of : 15 U.S. Code 1635 - Right of rescission as to certain transactions ( a ) Disclosure of obligors right to rescind Except as otherwise provided in this section, in the case of any consumer credit transaction ( including opening or increasing the credit limit for an open end credit plan ) in which a security interest, including any such interest arising by operation of law, is or will be retained or acquired in any property which is used as the principal dwelling of the person to whom credit is extended, the obligor shall have the right to rescind the transaction until midnight of the third business day following the consummation of the transaction or the delivery of the information and rescission forms required under this section together with a statement containing the material disclosures required under this subchapter, whichever is later, by notifying the creditor, in accordance with regulations of the Bureau, of his intention to do so. The creditor shall clearly and conspicuously disclose, in accordance with regulations of the Bureau, to any obligor in a transaction subject to this section the rights of the obligor under this section. The creditor shall also provide, in accordance with regulations of the Bureau, appropriate forms for the obligor to exercise his right to rescind any transaction subject to this section - *XXXX Account Number XXXX is in violation of 15 U.S. Code 1681a - Definitions ; rules of construction ( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; And is in violation of : 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.
Also is in violation of : 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.
Also is in violation of : 15 U.S. Code 1681d - Disclosure of investigative consumer reports ( a ) Disclosure of fact of preparation A person may not procure or cause to be prepared an investigative consumer report on any consumer unless ( 1 ) it is clearly and accurately disclosed to the consumer that an investigative consumer report including information as to his character, general reputation, personal characteristics, and mode of living, whichever are applicable, may be made, and such disclosure ( A ) is made in a writing mailed, or otherwise delivered, to the consumer, not later than three days after the date on which the report was first requested, and ( B ) includes a statement informing the consumer of his right to request the additional disclosures provided for under subsection ( b ) of this section and the written summary of the rights of the consumer prepared pursuant to section 1681g ( c ) of this title ; and ( 2 ) the person certifies or has certified to the consumer reporting agency that ( A ) the person has made the disclosures to the consumer required by paragraph ( 1 ) ; and ( B ) the person will comply with subsection ( b ).
( b ) Disclosure on request of nature and scope of investigation Any person who procures or causes to be prepared an investigative consumer report on any consumer shall, upon written request made by the consumer within a reasonable period of time after the receipt by him of the disclosure required by subsection ( a ) ( 1 ), make a complete and accurate disclosure of the nature and scope of the investigation requested. This disclosure shall be made in a writing mailed, or otherwise delivered, to the consumer not later than five days after the date on which the request for such disclosure was received from the consumer or such report was first requested, whichever is the later.
( c ) Limitation on liability upon showing of reasonable procedures for compliance with provisions No person may be held liable for any violation of subsection ( a ) or ( b ) of this section if he shows by a preponderance of the evidence that at the time of the violation he maintained reasonable procedures to assure compliance with subsection ( a ) or ( b ).
( d ) Prohibitions ( 1 ) Certification A consumer reporting agency shall not prepare or furnish an investigative consumer report unless the agency has received a certification under subsection ( a ) ( 2 ) from the person who requested the report.
( 2 ) Inquiries A consumer reporting agency shall not make an inquiry for the purpose of preparing an investigative consumer report on a consumer for employment purposes if the making of the inquiry by an employer or prospective employer of the consumer would violate any applicable Federal or State equal employment opportunity law or regulation.
( 3 ) Certain public record information Except as otherwise provided in section 1681k of this title, a consumer reporting agency shall not furnish an investigative consumer report that includes information that is a matter of public record and that relates to an arrest, indictment, conviction, civil judicial action, tax lien, or outstanding judgment, unless the agency has verified the accuracy of the information during the 30-day period ending on the date on which the report is furnished.
( 4 ) Certain adverse information A consumer reporting agency shall not prepare or furnish an investigative consumer report on a consumer that contains information that is adverse to the interest of the consumer and that is obtained through a personal interview with a neighbor, friend, or associate of the consumer or with another person with whom the consumer is acquainted or who has knowledge of such item of information, unless ( A ) the agency has followed reasonable procedures to obtain confirmation of the information, from an additional source that has independent and direct knowledge of the information ; or ( B ) the person interviewed is the best possible source of the information.
Also is in violation of : 15 U.S. Code 1681b - Permissible purposes of consumer reports ( 2 ) In accordance with the written instructions of the consumer to whom it relates.
Also is in violation of : 15 U.S. Code 1681n - Civil liability for willful noncompliance ( b ) Civil liability for knowing noncompliance Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or {$1000.00}, whichever is greater. = damages on business loans because of the information you provided on my credit report Also is in violation of : 15 U.S. Code 1681- Congressional findings and statement of purpose ( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy.
Also is in violation of : 15 U.S. Code 1681a - Definitions ; rules of construction ( e ) The term investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumers credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer.
Also is in violation of : 15 U.S. Code 1602 - Definitions and rules of construction ( l ) The term credit card means any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit.
Also is in violation of : 15 U.S. Code 1640 - Civil liability prev | next ( a ) Individual or class action for damages ; amount of award ; factors determining amount of award Except as otherwise provided in this section, any creditor who fails to comply with any requirement imposed under this part, including any requirement under section 1635 of this title, subsection ( f ) or ( g ) of section 1641 of this title, or part D or E of this subchapter with respect to any person is liable to such person in an amount equal to the sum of ( 1 ) any actual damage sustained by such person as a result of the failure ; ( 2 ) ( A ) ( i ) in the case of an individual action twice the amount of any finance charge in connection with the transaction, ( ii ) in the case of an individual action relating to a consumer lease under part E of this subchapter, 25 per centum of the total amount of monthly payments under the lease, except that the liability under this subparagraph shall not be less than {$200.00} nor greater than {$2000.00}, ( iii ) in the case of an individual action relating to an open end consumer credit plan that is not secured by real property or a dwelling, twice the amount of any finance charge in connection with the transaction, with a minimum of {$500.00} and a maximum of {$5000.00}, or such higher amount as may be appropriate in the case of an established pattern or practice of such failures ; [ 1 ] or ( iv ) in the case of an individual action relating to a credit transaction not under an open end credit plan that is secured by real property or a dwelling, not less than {$400.00} or greater than {$4000.00} ; or Also is in violation of : 15 U.S. Code 1635 - Right of rescission as to certain transactions prev | next ( a ) Disclosure of obligors right to rescind Except as otherwise provided in this section, in the case of any consumer credit transaction ( including opening or increasing the credit limit for an open end credit plan ) in which a security interest, including any such interest arising by operation of law, is or will be retained or acquired in any property which is used as the principal dwelling of the person to whom credit is extended, the obligor shall have the right to rescind the transaction until midnight of the third business day following the consummation of the transaction or the delivery of the information and rescission forms required under this section together with a statement containing the material disclosures required under this subchapter, whichever is later, by notifying the creditor, in accordance with regulations of the Bureau, of his intention to do so. The creditor shall clearly and conspicuously disclose, in accordance with regulations of the Bureau, to any obligor in a transaction subject to this section the rights of the obligor under this section. The creditor shall also provide, in accordance with regulations of the Bureau, appropriate forms for the obligor to exercise his right to rescind any transaction subject to this section.
( b ) Return of money or property following rescission When an obligor exercises his right to rescind under subsection ( a ), he is not liable for any finance or other charge, and any security interest given by the obligor, including any such interest arising by operation of law, becomes void upon such a rescission. Within 20 days after receipt of a notice of rescission, the creditor shall return to the obligor any money or property given as earnest money, downpayment, or otherwise, and shall take any action necessary or appropriate to reflect the termination of any security interest created under the transaction. If the creditor has delivered any property to the obligor, the obligor may retain possession of it. Upon the performance of the creditors obligations under this section, the obligor shall tender the property to the creditor, except that if return of the property in kind would be impracticable or inequitable, the obligor shall tender its reasonable value. Tender shall be made at the location of the property or at the residence of the obligor, at the option of the obligor. If the creditor does not take possession of the property within 20 days after tender by the obligor, ownership of the property vests in the obligor without obligation on his part to pay for it. The procedures prescribed by this subsection shall apply except when otherwise ordered by a court.
Also is in violation of : 15 U.S. Code 1681e - Compliance procedures ( b ) Accuracy of report Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.
Also is in violation of : 15 U.S. Code 1681a - Definitions ; rules of construction ( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Also is in violation of : 15 U.S. Code 1681a - Definitions ; rules of construction ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Also is in violation of : 15 U.S. Code 1601 - Congressional findings and declaration of purpose ( a ) Informed use of credit The Congress finds that economic stabilization would be enhanced and the competition among the various financial institutions and other firms engaged in the extension of consumer credit would be strengthened by the informed use of credit. The informed use of credit results from an awareness of the cost thereof by consumers. It is the purpose of this subchapter to assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit, and to protect the consumer against inaccurate and unfair credit billing and credit card practices.
Also is in violation of : 15 U.S. Code 1605 - Determination of finance charge ( a ) Finance charge defined Except as otherwise provided in this section, the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, payable directly or indirectly by the person to whom the credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of credit. The finance charge does not include charges of a type payable in a comparable cash transaction. The finance charge shall not include fees and amounts imposed by third party closing agents ( including settlement agents, attorneys, and escrow and title companies ) if the creditor does not require the imposition of the charges or the services provided and does not retain the charges. Examples of charges which are included in the finance charge include any of the following types of charges which are applicable : ( 1 ) Interest, time price differential, and any amount payable under a point, discount, or other system or additional charges.
( 2 ) Service or ca
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- Checking or savings account
- Checking account
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- Closing an account
- Company closed your account
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To Whom It May Concern, After marrying United States XXXX XXXX XXXX XXXX in XX/XX/XXXX, my husband and I naturally choose to open a joint checking account in XX/XX/XXXX with his already existing USAA account. We made the call together and answered all of the questions that were probed. My husband is the primary account contributor and account holder as I have a different bank. All was well until I received a call from USAA on XX/XX/XXXX during my lunch break at work. I thought this call was in regards to a flood claim that was denied, but the representative stated I had some missing information from my membership profile. I thought the call was very odd as they were requesting some personal financial information ( estimated net worth, annual income, etc. ) that was required by the Patriot Act that I answer. I was worried it was a scam so I decided it would be best to call them myself the next day. I first looked specifically at the Patriot Act ( 2001 ), Bank Secrecy Act ( BSA ), and Gramm-Leach- Bliley Act ( GLBA 1999 ). I learned two were designed after XX/XX/XXXX to help detect terrorism, money laundering, and illegal activities and the other to protect financial privacy. Turns out all that is required under Section 326 : Verification of Identification of the Patriot Act is : Name, Date of Birth, Social Security Number, ( to confirm they are a US citizen ), Address, and comparison with government lists of known/suspected XXXX activity ( usually referred to as banking systems ). This is in addition to record keeping as a requirement of the Treasury. All of which are used to verify the identity of the personwhich is understandable and I agree necessary. Yet, nowhere does any federal regulation however require financial information, despite USAAs claims. All of the following summaries below were direct recorded conversations, and I am willing to share them if needed. I am hoping to get confirmation that this information is required by federal law, and if it is not, I would like to take legal action against USAA as I believe it is a violation of my financial protection rights. What follows is quite extensive, but felt it imperative I be comprehensive.
On XX/XX/XXXX I called USAA myself to confirm their claim. The agent demanded the information was required by federal law by the Patriot Act and Bank Secrecy Act and that I was required to answer the personal finance questions. I was informed if I did not answer the questions the account would be closed or our assets frozen. I was confused why the needed information was not gathered when we opened the account and was uncomfortable about the questions as it didnt seem it was a federal regulation, so I requested to speak to a manager. The following conversation was with XXXX, of the executive resolutions team, as the senior advisor at USAA : I enquired, did I sign your privacy notice? After we determined it is never actually signed, in regards to my privacy, she checked and confirmed my privacy preference is share. I asked, What changed where you are now required to get my information since you didnt get it before as it is required by federal law? Or is it not required and this is just something that USAA is doing? She replied, No this is something that is required for secondary account holders by the federal law. So I inquired, When we opened the account you claim we used the primarys ( my husbands ) information and that has been sufficient for the last year. This isnt my primary account I have a different bank. So why all of the sudden now are you threatening to inactivate our account if I dont give you this information? If it wasnt required before what makes it required now? The only answer Ive gotten is that it is federal law ; so either you werent compliant with federal law and are now being required to get the information, or it is for your own interest. I would like to know what those interests are, what you are going to do with this information, if you are going to be sharing any of this information, or using it for rates or other data then I am required to view the privacy notice for you to do that. So I am confused. As I was not the primary account holder, I was told I was not allowed to get access to the information we provided when the account was opened. I would have to wait for my husband to be present.
In the meantime, I reached out to my personal bank on XX/XX/XXXX. They advised me NOT to share this information as it is not a federal law and could be shared. I decided to take another step further and speak to XXXX XXXX on XX/XX/XXXX, another Federal Bank to see if this information was indeed required by all other banks as USAA claimed. I spoke to manager XXXX and the conversation went as follows : I wondered what questions she would be asking us or what information would they need to open a joint account and she stated, IDs, maiden name, SSN, DOB. While they may have different policies, as for it being a law, all banks would be following it, as far as I know it is not considered a law. Even if there are financial questions that we may ask you for loans, credit card, or investment accounts, they are up to you if you want to answer. This confirmed my research that it was not a federal requirement.
Later the same day of XX/XX/XXXX, when my husband was home, we spent two hours on the phone to try and get some answers. First, was with USAA agent XXXX. In summary we challenged why this information wasnt provided when the account was opened, this was due to periodic reviews of accounts, the accounts who have not answered these questions are being notified they do need to answer the questions. We had wanted to view the paperwork when the account was opened, but she did not have the information because, we do not have that information to see. It is at the back office where they opened the account. We insisted to be transferred to them stating she would be right back with us. We waited on hold for over 45 minutes, with no answer and never spoke to her again.
On our next attempt we decided to call as if we were opening an account to see how that department would answer our questions. After talking to USAA representative XXXX, we were told I should be able to access any information even though I am not the primary contrary to what I have been told prior. XXXX stated we have to ask financial information as all banks do. After waiting on hold for another 10 minutes for him to review the notes, and the nature of our call he stated again, I do not have access to see the information or the answers that were provided when you opened the account. I work in XXXX and XXXX in XXXX XXXX XXXX. He did confirm that he was asking those same questions when accounts were being opened now : annual income, estimate net worth, occupation, etc.. He stated there are other regulations that require income information under customer due diligence under regulation D and various banking regulations. He was not able to send me information about due diligence so we were conferenced in to Senior with Executive resolutions XXXX ( CEO member relations? ) : XXXX tried to assist us in trying to figure out what information we provided when opening the account. She stated, let me explain to you whats going on. You would not have gotten this information when you opened your account. There was an enhancement to the Patriot Act last year [ XXXX ]. So, this year, all the banks have to comply with the enhancement of the Patriot Act. So those questions like your employment, your income, things like that. So those are a federal regulation now that banks are required to collect this information as part of the customer due diligence information to better get to know your customers ( KYC ) due to all of the terrorism, and things like that going on. We stated we thought we answered our annual income and other questions when we opened the account. She stated each person on the account needed to provide separate information even though we were married. XXXX directed me to the FDIC.gov website to search Customer Due Diligence ( CDD ) which I did. I told XXXX that my personal bank advised I do not give this information as they were not required to and she stated, well they will be. This is a federal regulation that went into effect. XXXX confirmed we started asking these questions this year, but the law went into effect last year so the banks now have to go in and get this information from account holders. I told her all that I could find in regards to the laws were name, date of birth, SSN, and she articulated, It will state other information on that website regarding the customer due diligence where you can ask certain information. On the website I saw nothing even closely related to financial information being required on the CDD update. We repeated to request to see what information was given upon opening of our joint checking account before we add to anything, in hopes to make any information accurate and true. XXXX then stopped answering our questions, and transferred us again to the back office that never answered the phone while hanging up. We waited on hold for 15 minutes to no avail.
The final call, was still on XX/XX/XXXX, was the checking department where we spoke to representative XXXX. Irritated she also couldnt access the information we provided when we opened our account so we could verify what information we already provided. I educated her this information was required by the Patriot Act to be kept and maintained for 5 years. We were then compelled to be transferred to specialist XXXX for the next hour about the KYC and CCD questions. We exasperated explaining we were trying first to confirm what information they already had before adding more to it, then trying to better understand their requirement as it was not a federal law to provide financial information under the BSA, Patriot Act, or Due Diligence update. The conversation with XXXX on XX/XX/XXXX went as follows as is quite lengthy : I dictated Are you filing a SAR? I am not comfortable sharing the information as it increases my risk of identity theft, a data breach, you can share the information with credit bureaus, internal marketing, external marketing, joint marketing, and affiliates. I have not been told how this information will be protected, or how it is shared, or how you secure the information. I have been told I can not opt out, and it is a violation of the Gramm Leach Bliley Act of 1999 [ nor had I seen a privacy notice for XXXX ]. Until those questions are answered for me this is not allowed. She rudely exclaimed, So I will first say the majority of what you say is incorrect. It is absolutely required under the BSA and under the Patriot Act. Any large bank by FDIC regulation is required to abide by these laws. I agreed these are federal laws, but that financial questions are not apart of those laws. She stated, Yes they are Maam. I quoted section 326 of the Patriot Act, and she ignored it. She was able to confirm in the notations that they had my employment information, physical address, your social security number, date of birth, citizenship, and your full name. That is what we have on file. I stated that my annual income is not a requirement of a federal law as they are already able to verify my identity by the Patriot Act. She stated, yes, it is a requirement and I will agree to disagree. I requested to speak to legal to learn how they will protect and share and secure the information and opt me out of sharing. Id like them to show me the privacy notice from this year or you are not getting the information. I would like to speak to legal to hear on the record what they will do with the information to protect and secure it and opt me out of sharing or I am not going to answer. She replied, okay then your account will be closed. Our legal department does not reach out to customers regarding this matter because it is a standard matter and you absolutely are required. I stated, no other banks Ive spoken with are requiring this information and that is not true. She stated, that is it true and I dont need to speak to your banks as that would be a waste of my time. This conversation is not productive and you have received the same information from five different people. After threatening to end the call, she exclaimed, you have your opinion and it is not factual. I apologize if you disagree but that is not going to change the federal regulations.
Instead of her ending the call, I stated there was something else she could help with in regards to why if this requirement came out in XX/XX/XXXX, why we werent asked upon opening the account in XX/XX/XXXX. She held there was an internal audit around the time we opened our account and found there was information that they did not have on file as I have already told you. It did not go out in mass issue to members as it would have overwhelmed their system and call volumes. It has just taken this long to get to my name. They have to go through all of their records from the XXXX, XXXX, and XXXX and so yes we have had to do that in groups. We had her confirm once my husband was on the phone that he had already answered the questions they have everything that they need on file for him but was not able to determine when or how he answered the questions.
My husband calmly stipulated are the questions different for my personal account because I thought when we opened our joint account, we did it at our combined income levels not separate. She simply said yes, so we reiterated, if they have the combined income of mine and hers together as one number, we needed access to it so we could separate it properly, instead of adding more to it which would change our risk factor. She detailed we can not have a joint answer for two people. However, she was not able to confirm what our annual income was for the account. I do not see it in front of me it is in the back-office records. I was troubled saying, if I gave you my annual income now, it could be potentially adding it to the joint income they may already have which wouldnt be accurate for the federal government She informed us, Their records department is a non-member contact, which is why you never got a response from them as they do not accept phone calls, they are a back office department. We tried to explain we had already been transferred to them twice today and she declared she didnt know how and she couldnt speak to what has happened on previous calls. We stated again we needed to either give us the information that is on our records right now, or we have to update them both together. XXXX described, what I update will just go through the system to records and add to it. There is no way to remove it even if he were to call and change it. No so these are general questions. All these are for it to be sure we can do mitigate risk and be sure that we can do risk monitoring for our members activity. Thats all it is for. So, we corroborated if we gave you the wrong information and were put into a different risk bracket that was going to be a problem. XXXX held, So no, you are misunderstanding what I am saying sir. We do not put you into brackets based on risk factors or anything like that. All it is, is to know if a member makes XXXX-XXXX and a wire comes in for a XXXX dollars that looks strange. That is all it is for. Just so we can have a gauge. Kind of a point a perception to go off of, a point of reference that is literally all it is. We stated in order to do that accurately, we would need to update our information together to separate it. She alleged, we do not have a way to update it, and my husband verbalized, then that is a problem for you not for me. She threatened, not necessarily because if you refuse to provide this information your account will be closed. I can not change an existing number ; I can input new data into the records system that is a form on your profile that is personally attached to you. It then gets sent to our back office for them to file. I can not change his because there is no place to input it.
As we expressed concern our direct deposits would be leaked into the account the following week she voiced, I could not find exactly a turn around time for when we needed to move our money out before the account closes. What I would have to do would be to put in a work order to the back office stating that you are refusing to answer the questions. Then at that time they review the account for closure. They would send out an official check with the remaining funds. The team that handles this, [ the MOET team ], it is not records. All direct deposits would be rejected go back to the sender, or if it is within a day or two it could force reopen it if it had not closed completely but usually goes back to the sender. Due to the inconvenience, my husband verified there was no way we could opt out of this, and she expressed, no sir it is a federal regulation. I struggled to get her to conference us into the MOET team who was handling this situation as seniors in the bank, however after being on hold for 20 minutes, she was not able to contact them. XXXX exclaimed she could no longer spent any more time with us to be available for other customers. She confirmed they were very backed up due to all of this going on and it is not a large department. I was frustrated that we would not be able to contact them ourselves and therefore our account would be closed. She confirmed there is no way to contact them by email, by direct number, or any other format by her understanding. This is because they do not use email for secured information.
Consequently, on Saturday XX/XX/XXXX I realized the need to escalate the complaint so I could have someone call us back since the MOET team was not easily available before the account would be closed. A representative, XXXX, with the Executive Resolutions team, helped me to file a complaint and I was told I would be getting a call back from the CEOs office. She once more confirmed the information is used for banking regulations under the Patriot Act and passed in XXXX after XX/XX/XXXX. When it comes to the Patriot Act it advises us as a financial institution just making sure we are doing our customer due diligence we have to know who our customers are. That is ensuring that we know the individual that is with us here at USAA and what they are using the front for. If someone is using the account as money laundering or transferring money to foreign countries. So that we are not letting people move money around that shouldnt be moving money around. If we do not know our customers enough, you can be asked again and re-verify the information periodically to verify it is still accurate and on file. I reaffirmed in regards to due diligence we didnt have any foreign accounts, and my personal account was not at this bank, and my husband is the primary account holder for the joint checking account which they have his information. I confirmed no other federal banks are requiring these questions. I quoted the GLBA and that our last privacy notice was in XXXX and that was a concern and we are not being given the option to opt out. I tried to express my concerns of using the federal government phrase when it is not a federal requirement, and that it was a serious compliant. She agreed that I should speak to the MOET team. I articulated again they do not answer the phone and she agreed it is a busy department and that you have to wait as they are working overtime. Therefore, I was concerned it wouldnt be resolved in a timely fashion. In my attempt to reach the quality department no one answered again. I was confirmed the CEOs office would contact me within one business day after confirming my phone number on Saturday.
Two businesses days later on Tuesday XX/XX/XXXX, I conversed with XXXX from the CEOs office. I gave her a summary of my complaints that our documentation when the account was opened can not be verified, changed, or updated, thus denying us to potentially separate our incomes into two separate numbers. I explained the MOET team could not be reached. I also expressed concern about their requirement to answer the income questions as they are not a federal law for income information as I do not have a loan with them and am not a primary account holder. I told her I didnt appreciate being treated like trash, and be threatened to close my account stating it is a federal law when it is not. Intimidating people to answer questions when the federal government does not require income information and canceling accounts is a huge problem. XXXX stated she was trying to figure out when the account would be closed, but is still waiting from a response from the MOET team. She claimed, It is our current policy and our hands are being tied due to federal guidelines that are forcing us to change and ask these specific questions. I also know that if these questions are not being answered the account will more than likely be closed. They can inactivate the account and in other instances it will be closed. In order to get us into compliance we are being instructed we have to ask this. I requested, to see something official in a document file. I requested to see the policy by email or by mail. I stated that I would like to see that where it specifically asks for income information. She stated, she does not see them written down specifically to ask income questions. I inquired, then how do you know that as a fact? She admitted, I am still waiting for answers. As far as closing accounts we are covered by our depository agreement to do that. That has nothing to do with KYC and that they are closing accounts and inactivating them if the KYC isnt answered. She summarized my concerns and stated she would get back to me with hopefully answering all of my questions.
On Thursday XX/XX/XXXX I got another call from a different USAA representative trying to get me to answer the questions again. They stated they will call again in five business days, and then proceed to close the account if I do not answer the questions. She was unaware of the investigation in XXXX office. Later in the evening on XX/XX/XXXX, I spoke to XXXX for the second time. She stated they still will not tell me what the answers were upon opening our joint checking account. They will not update his information unless there was a new product that was applied for and that they will remain there unless a new product is applied for. I postulated, why can they not answer what they are? Do they not have the questions or the answers when the account was opened? Why cant they tell you? It concerns me they do not have them, which is a federal regulation of the Patriot Act they keep them on file. You said the information is under his [ husbands ] primary account. It is unacceptable they cant prove or say what our income is, but that they have it on file, how do they know what they have? It is my legal right to know what I answered, and you are telling me no that I cant have the information. She confirmed that my husband was asked CDD questions this XX/XX/XXXX through the USAA app detour. However, she does not have access to the questions and has been having computer problems all day and her co-worker never supplied them as requested. In regards to what document stated they need to ask income information, she specified it was under the CDD guidelines from the XX/XX/XXXX amendment in the four specific guidelines. She stated she could not distribute the internal document that requires it but did pass legal review and compliance. That is what they are using to fulfill the requirements of the four CDD guidelines. The privacy notice she stated was listed on the USAA website and was revised in XXXX and it has not changed since then, but it is delivered annually and it does state they collect income information. My guess is that is still the current privacy promise and it has not been updated since then but I will verify that. If the privacy promise hasnt changed the revision date it would be the last time that it was revised and therefore is the same. I questioned why the year wouldnt be changed for the new year ( XXXX ), and she stated it didnt need to. I was concerned by this because they are now collecting new income information but it didnt require any changes.
XXXX verified that we did not answer the questions when the account was opened. I questioned this fact as she does not have access to those and has no idea what was actually requested or answered. This was because she was still trying to get that information from the MOET time. She admitted she does not know. I repeated until we know for sure, I do not want to add to a joint income balance, we can not proceed. If they are refusing to give it to her then thats a problem. In regards to the CDD questions, we determined they make up their own policy which I am not allowed to see stating that it requires income information. I recapped it applies to a USAA policy and is NOT A FEDERAL REQUIREMENT OR LAW.
XXXX reasoned, when a regulator comes to look at us and asks how are you complying with the CDD guidelines that were outlined, we present them with the CDD questionnaire, period. That is how it relates to the CDD guidelines. It is our internal process and policy due to the government requirement. I argued, the government does not require everyone to answer income information. That is not true. Your institution is requiring that by yourselves. It is not a federal guideline to obtain income information for a joint checking account. Or for any account. Your bank is determining that and doing it all by themselves. Which, granted, you are compliant because you are getting name, DOB, and SSN which is all that is required. You are just going above and beyond thatwhich is fine if you want to. However, stating it is a FEDREAL LAW for me to give it to you is not the case. It is not a federal law for me to provide you my income information. There are laws that protect my financial privacy and I do not have to give it to you, which is why you can close my account and I can go somewhere else. If it was a federal requirement, I would be required at every other bank, which I am not. I spoke to six of the top bank executives in this country that are bigger than you and it is not a federal regulation. So, by you threating people and telling them that it isis a problem because it is not. Even when they called today, they said the same thing. USAA is requiring it, but it is not a federal law. She alleged, so that we comply. I repeated, it is required that you comply by confirming my identity with name, DOB, SSN, and address, running it through your banking system, and with my occupation. That is more than enough to verify someones identity which is all that the CDD requires. Your bank is going outside of that and getting income information. This is fine like I said, but it is not a federal requirement for me to specifically give you my income ; it is not. She finally admits, no it is a requirement of USAA in order for us to meet the guidelines. I again, it is not a federal requirement, it is USAAs requirement. I told her I had a screen shot on my phone it was a federal regulation, it is not. Do you understand? It is a problem. It is your regulation and thats it. It is just yours. She says, so we are in compliance with the federal regulation and the CDD requirements. I strained to clarify, we have been in compliance with you since we opened our account. Stating that if we dont answer the questions, we are not is a lie. And threatening to close my account with you is also a problem because you are stating it is a federal regulation when it is your regulation. Those are two very different things. You are still in compliance even if you were to take the income information out. She says, well not when our policy states that we have to obtain that information, we are not in compliance. I enlightened, even the OCC that regulates you doesnt require that. I could understand that you could close our account because we didnt meet your policy guidelines, thats fine. But telling me specifically it is because it is a federal requirement is not the case. It is not complaint with your policy and your policy alone.
We tried to go over it again. I replicated, It isnt because I am not being federally compliant with the law like you are claiming, it is that it is compliant with USAA policy, not the federal government. By you telling me it is a violation of the Patriot Act is not the case. By you telling me it is a violation of the BSA is not the case. By you telling me it is a violation of the XX/XX/XXXX CDD is not the case. Because those are federal laws. There is nothing in any of those laws that specifically require income. It does not exist. That is USAAs policy not the federal government. So by all of these conversations I have on recordings of you telling me that, all the screenshots, and documents, is a big problem. When asking about reaching out to legal she assures me, So legal has already went over our questions I was flustered, okay, are they aware that youre telling people it is a federal regulation for me to answer my income questions? If they were, they would be fixing it immediately as it is a USAA policy. I dont understand why you cant just say it is a USAA policy? Why are you throwing words around and trying to include the federal government when it is none of their business to ask me those questions. Are they aware you are asking them? Because the OCC was concerned [ I spoke to them on XX/XX/XXXX ]. Are they aware of that? That you are telling customers it is a federal requirement by the Patriot Act? No other big banks ask those questions, just you, because it is your own policy. She stated, I am understanding.
For additional confirmation, I called XXXX XXXX XXXX on XX/XX/XXXX as they are the second largest bank in the United States with assets worth {$2200.00} XXXX dollars in XXXX so figured it would be a worthy source. I spoke to XXXX, she stated to open a joint checking account they would need, license, 2 forms of id ( government and personal ), type of account, SSN, address. I have worked for the bank for 38 years and we have never requested income information. We do not ask net worth or income as it is not a government regulation. I can assure you if it was XXXX XXXX XXXX would be doing it. This was encouraging that asking personal financial information was indeed NOT a federal regulation. This was further established with two other local banks in my area to provide some additional ease.
On XX/XX/XXXX I spoke to XXXX of MI, OCC, and confirmed with CFPB, and MI Attorney General there is no requirement for financial information and each suggested I file complaints. I followed up with XXXX on XX/XX/XXXX and XXXX. She confirmed we have private settings, our account won't be closed until XXXX, but was unable to find any information from when the account was opened. She stated there were no issues with their privacy notice or way they are doing things and was approved by legal and compliance. I request help. I feel what USAA is doing is a violation of Section 326 of the Patriot Act, Record Keeping, and the GLBA. I am not comfortable with how they have conducted this process, and feel as though they are intimidating people to sacrifice their private financial information by manufacturing it is a federal law. To my knowledge we do not meet any of the BSA requirements that would make us candidates for filing a SAR. In recent legal cases vs.USAA in XX/XX/XXXX I want to make sure this is allowed and is not similar violation
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- Vehicle loan or lease
- Loan
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- Managing the loan or lease
- Problem with fees charged
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a TRUST was formed between this CEO and SANTANDER CONSUMER USA with the creation of ACCOUNT # XXXX, whereby SANTANDER CONSUMER USA in receiving such did become TRUSTEE regarding said TRUST whereby this CEO did become the natural beneficiary.
As TRUSTEE, SANTANDER CONSUMER USA did NEGLECT to REGISTER as a SECURITY the SOCIAL SECURITY CESTUI QUE TRUST XXXX XXXX XXXX XXXX instrument once such was provided by this CEO to initiate that TRUST ACTION that did create SANTANDER CONSUMER USA ACCOUNT # XXXX.
XXXX This CEO did facilitate a further undisclosed CREDIT SALE pursuant to 15 USC 1601 ( h ) that was not given consideration that the DEBT associated with the XXXX XXXX XXXX XXXX with XXXX : XXXX that the ACCOUNT # XXXX did provide would be satisfied due to the NEGLIGENCE of SANTANDER CONSUMER USA to provide this information thereby making SANTANDER CONSUMER USA CRIMINALLY LIABLE under 15 USC 1611 and which violation does carry a {$5000.00} fine.
pursuant to 15 U.S. Code 1681 ( o ) SANTANDER CONSUMER USA does owe this CEO {$1000.00} for emotional suffering, {$4000.00} for undue financial stress suffered by my family, {$1000.00} for the resulting divorce that did occur and an added {$1000.00} for the mental stress that this CEO did endure from SANTANDER CONSUMER USAs NEGLIGENT NONCOMPLIANCE pursuant to 15 U.S. Code 1681o ( a ) ( 1 ). In addition, as SANTANDER CONSUMER USA in their NEGLIGENT NONCOMPLIANCE did facilitate an UNAUTHORIZED USE of said SECURITY pursuant to 15 U.S. Code 1602 ( p ) whereby added damages of {$3000.00} regarding this CEO may be addressed.
In Article I Section 8 [ 3 ] of the Constitution, beginning with [ 1 ] it states, The Congress shall have Power... To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes. The Law, whatever that is, of the federal corporation uses commerce as its vehicle of jurisdiction. The enabling clause is that the person, whatever is meant by person, has engaged in interstate or foreign commerce. Commerce, as defined in Blacks Law Dictionary, Seventh Edition is the exchange of goods and services, esp. on a large scale involving transportation between cities, states, and nations. Statutory definitions include, Trade and other business activities between those located in different states ; esp., traffic in goods and travel of people between states. Notice is taken that statutorily We the People have been written in as commerce. The commerce clause was intended for fair trade not for tyrannical power to assume jurisdiction over the People.
The Constitution does not reference We the People as being products of commerce, however, the statutory definition has taken the right of locomotion and movement guaranteed to the People, see Blacks Law Dictionary, Fifth Edition under liberty, and nefariously turned this into a licensed privilege under commerce to trap the People as commodities under the commerce clause. Nowhere in the Constitution are People listed as the subjects of the commerce clause. The Constitution clearly states, To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes. Thus, the Accused is assuming jurisdiction over the People unlawfully. The officers and agents of the federal corporation have made the People into goods and property using the XIVth Amendment as their vehicle and, therefore, group the People into a commerce jurisdiction in order to usurp jurisdiction where jurisdiction does not exist. The Accused assumes silent judicial notice of jurisdiction through this unlawful means.
11 SANTANDER CONSUMER USA did present DECEPTIVE FORMS to this CEO in violation of 15 USC 1692J ( {$1000.00} PER FDCPA ) designed to create that TRUST ACTION forming ACCOUNT # XXXX, that were unlawfully designed, compiled, and furnished by SANTANDER CONSUMER USA with the knowledge that said form would create the false belief in this CEO that SANTANDER CONSUMER USA is the CREDITOR with a right to collect a DEBT of no less than {$12000.00} from this CEO as BORROWER/DEBTOR, when in fact, according to CONGRESS, the term CREDITOR pursuant 15 U.S. Code 1602 ( i ) means a consumer in reference to a credit transaction whom credit is extended from as a natural person and the subject of the consumer credit transaction is primarily for personal, family, or household purposes, which means SANTANDER CONSUMER USA by deeming itself a CREDITOR that approved a LOAN to this CEO as the DEBTOR/BORROWER is a VIOLATION of the TRUTH in LENDING ACT that has damaged this CEO and his family of three, all of which to fall under the definition of CONSUMER ( {$16000.00} ).
Whereas CREDIT as CONGRESS defines in 15 U.S. Code 1602 ( g ) means the right granted to this CEO as the original creditor to defer payment, and whereas the UNITED STATES bears said OBLIGATION of PAYMENT pursuant to PUBLIC LAW 73-10 and 18 USC 8 , the DEBT as assessed by SANTANDER CONSUMER USA in regards to that repossessed XXXX XXXX XXXX XXXX with XXXX : XXXX as acquired by this CEO and beneficiary of the associated TRUST ACTION as created pursuant to the creation of ACCOUNT # XXXX was NOT satisfied by this CREDITOR and CEO despite this CREDITORS RIGHT to incur the payment from the US TREASURY to defer that necessary payment to facilitate the DEBT as assessed by SANTANDER CONSUMER USA due to the DECEPTIVE FORMS presented by SANTANDER CONSUMER USA as defined by 15 USC 1692J to be used by this CREDITOR and CEO to create ACCOUNT # XXXX, thus SANTANDER CONSUMER USA is liable for the fraudulently authorized use of this CEOS CREDIT CARD which includes although be not limited to this CEOS SOCIAL SECURITY CESTUI QUE TRUST FLOYD GILLIAM BANKSTM AND S.S. CARD XXXX that SANTANDER CONSUMER USA obtain money, goods or services whereby the ADDRESSEES shall be fined for {$10000.00} or imprisoned for 10 years or both pursuant to15 U.S.Code 1644 ( a ).
The right of CREDIT granted to defer payment is a direct reference of the all OBLIGATIONS of PAYMENT belonging exclusively to the UNITED STATES pursuant to PUBLIC LAW 73-10 and 18 USC 8 whereas the OBLIGATIONS of PAYMENT belong not to this CREDITOR and CEO to whom such right was granted. Whereas said contract as received by this CEO from SANTANDER CONSUMER USA to facilitate ACCOUNT # XXXX was in truth an UNSOLICITED ADVERTISEMENT as described in 48 U.S.C 227 ( a ) ( 5 ) by SANTANDER CONSUMER USA that SANTANDER CONSUMER USA through both the FRAUD 12 OF EXECUTION and the FRAUD OF INDUCEMENT brought forth by SANTANDER CONSUMER USA as the true BORROWER or SOLICITOR in the contract might take advantage of the CEOS UNREGISTERED SECURITY as previously mentioned by SANTANDER CONSUMER USA taking advantage of an UNDISCLOSED TRIP to the UNITED STATES TREASURY window on behalf of this CEO to receive funds unbeknownst to this CEO at the time of the TRUST ACTION that created ACCOUNT # XXXX based on SANTANDER CONSUMER USAS WILLFUL NEGLECT to provide such information which is required to have been disclosed as is the FIDUCIARY DUTY of SANTANDER CONSUMER USA as the TRUSTEE participants in said TRUST ACTION.
In bad faith, SANTANDER CONSUMER USA did choose to provide information that SANTANDER CONSUMER USA should have known to be false concerning the true and undisclosed DEBTOR/CREDITOR relationship it shares with this CEO and beneficiary, as a result, the addressees on behalf of SANTANDER CONSUMER USA will be held criminally liable pursuant to 15 U.S. Code 1611 with fines up to {$5000.00}, one year imprisonment or both should this CEOS written commercial presentment be dishonored.
Benefits entitled to this CEO were willfully withheld by SANTANDER CONSUMER USA to defraud this CEO through extortion, securities fraud, tax fraud, embezzlement, theft of trust assets, larceny and identity fraud with CRIMINAL LIABILITY as mentioned in TITLE 15 U.S.CODE 1611.
Notice, it is a fact, affiant is aware, upon discovery, the contracts heretofore referenced that did facilitate the creation of ACCOUNT # XXXX were one sided agreements of which this CEO was never disclosed regarding the second signature by an authorized party, head of agency or registered agent by SANTANDER CONSUMER USA. The appropriate " meeting of the minds '' has never occurred in connection with this contract. Being the only party to sign this contract without full willful disclosure this CEO does invoke and reserve my right to revoke the arbitration clause in connection with this contract and for any transfer, trade, hypothecation, whether voluntary or involuntary involving any and every instrument which may have occurred unbeknownst to this CEO ; Nunc pro tunc pursuant to 15 U.S. Code 1635.
It is a fact that there have been statements which have not matched the CEOS records and statements and have not been in accordance with the disclosures from SANTANDER CONSUMER USA as relayed with the creation of ACCOUNT # XXXX by this CEO at the consummation of the transaction. CEO does give formal notice of this billing error until CEO does receive all documentary evidence. Until this documentary evidence has been received from SANTANDER 13 CONSUMER USA, ADDRESSEES will be held in violation regarding this billing error pursuant to 15 U.S.Code 1666b.
SANTANDER CONSUMER USA did use STUDIED CONCEALMENT of SANTANDER CONSUMER USAs OBLIGATIONS to this beneficiary for SANTANDER CONSUMER USAs use of this beneficiarys granted CREDIT as extended from this CEO pursuant to PUBLIC LAW 73-10, SANTANDER CONSUMER USA does not have right to oppress or abuse any part of this CEOS character which would restrict or prohibit this CEOS right to extend credit and should have applied the credit to service the debt as required by law, and must be held liable for all resulting damages.
CEO is aware that the line of credit issued by the FFEDERAL RESERVE SYSTEM has been assumed the OBLIGATION of the UNITED STATES INC. regarding PAYMENT associated therewith to create this bond is secured by the CEO, the CEO being one of the lenders thus having the bonded pledge series number XXXX which is from that SOCIAL SECURITY CESTUI QUE XXXX XXXX XXXX XXXX TM albeit without the consideration of this CEO or without full disclosure being given by the UNITED STATES or the SANTANDER CONSUMER USA. Whereas assets of this CEO have been pledged for said bond without said bond being registered as coming from or on behalf of this CEO to facilitate the payment of that DEBT as assessed by SANTANDER CONSUMER USA to lower the PUBLIC DEBT and accurately create the related TAXABLE EVENT, this CEO can find no place whereby it is lawful for a TRUSTEE to charge the beneficiary interest on the XXXX own credit to create an UNJUST double enrichment and SELFISH AGGRANDIZEMENT on behalf of SANTANDER CONSUMER USA as well as to further their benefit from repossession of the beneficiarys property.
CEO is aware that this repossession or even the threat thereof is a violation of 15 U.S.Code 1692e ( 4 ) and is fraud and illegal in the collection of any DEBT. This is a right secured to this CEO by this code herein and the 4th amendment of the U.S Constitution.SANTANDER CONSUMER USA has oppressed my right to extend credit which is a violation of 15 U.S.Code 1692d, therefore, this CEO does legally refuse to pay this debt. CEO is demanding a cease and desist of all illegal activity, any communication and collection activity, including reporting which constitutes collection activity, of this and any alleged debts until SANTANDER CONSUMER USA can provide me with the requested rebuttal of information pertaining to are counterclaim as written in the affidavit herein.
CEO does invoke CEOS right of rescission in accordance with 15 U.S.Code 1635 and UCC 3-306 to rescind any power of attorney which may have been used by SANTANDER CONSUMER USA in connection with this transaction which includes but is not limited to any derivative, hypothecation, trade, transfers of possession, whether voluntary or involuntary involving any and/or every instrument which may 14 have occurred unbeknownst to this CEO as beneficiary and creditor in BREACH of the FIDUCIARY DUTIES of SANTANDER CONSUMER USA as this CEO was not given full disclosure of any such power of attorney until discovery of its potential existence and demand a full revocation of such document ( s ) ; nunc pro tunc.
15 USC 1640 ( a ) - For each violation of TILA is double the finance charge when it comes to consumer credit transactions. This doesn't mean if you find multiple TILA violations there is only double the finance charge one time. Each violation is double the finance charge. In a lease each violation is 2000 dollars. If there is no security interest its 5000 per violation or higher depending on a pattern of failures aka R.I.C.O. charges.
Notice, it is a fact, in accordance with 15 U.S.Code 1692c ( d ), this CEO, is invoking CEOS administrator and executor status over this matter and is of the age of majority. It is also a fact that SANTANDER CONSUMER USA as a corporation is always considered a minor having no legal standing or jurisdiction, and in accordance with 15 U.S.Code 1692h this CEO gives written instruction and direction for SANTANDER CONSUMER USA pursuant to their breach of obligation concerning this beneficiary, to redirect all prior payments, and all current payments to me plus damages to rectify the matters herein.
Beneficiarys request for ADMISSIONS or denials from the ADDRESSEE/ TRUSTEES hereby accused of frauds and swindles of the beneficiary Duly sworn, this beneficiary does aver and declare the following and does require either acceptance or denial as to the validity of the facts to be presented herein from the addressee trustees, It is a fact that CEO, is beyond the legal age of majority, of sound mind and competent to testify as a minister in any court and competent to enforce any liability therewith pursuant to TITLE 15 USC 1692K so be it, and ; It is a fact that CEO is religious property of XXXX XXXX pursuant to 18 USC 247 as XXXX XXXX XXXX XXXX XXXX in XXXX XXXX, XXXX is the Owner of Mankind and reserves and claims ALL of the CEOs unalienable ( XXXX ) given Rights, as mentioned in the BILL OF RIGHTS of the original and organic 1787 constitution for the united states of America and is NOT to be compelled to accept ANY unrevealed benefit, contract or commercial agreement, nor is your affiant to be assumed subject to ANY unrevealed presumption or silent judicial notice. As TRUSTEES, do the ADDRESSEES AFFIRM or DENY this fact? Should the addressees deny such, the addressees are required to provide their explanation in writing using points of FEDERAL LAW per their obligation to this beneficiary.
15 CEO is a Servant of the XXXX and Sovereign non-Citizen subject of the XXXX XXXX born to the lands and people descending from the XXXX XXXX XXXX XXXX XXXX XXXX, XXXX and XXXX XXXX XXXX XXXX Illinois Republic XXXX
CEO hath claimed all rights to the Divine Jurisdiction of Islamic Governance as secured by affiants paleo-American, pre-Columbian, Autochthonous, Indigenous and Moorish ancestors as both enumerated and protected by the XXXX XXXX and the XXXX836 Treaty of Amity and Commerce between the UNITED STATES and XXXX XXXX XXXX aka the Empire of XXXX in XXXX XXXX XXXX RECORD XXXX XXXX XXXX and UNIFORM COMMERCIAL CODE FILE # XXXX.
All claims of the XXXX XXXX AKA XXXX OF XXXX as the rightful owners of the North, Central and South American landmass is documented in the XXXX XXXX of The XXXX XXXX XXXX XXXX XXXX XXXX, recorded as a Legal Deed and Trust Document in the LIBRARY OF XXXX under XXXX XXXX No. XXXX, Control ( Catalogue ) Number XXXX ( U ), the XXXX XXXX XXXX XXXX XXXX XXXX AND XXXX XXXX XXXX No. COP XXXX ; XXXX XXXX. XXXX XXXX, and Catalogued in The XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX XXXX XXXX Call # XXXX XXXX ) : and is duly recognized by the said FEDERAL corporate UNITED STATES government as defined in 28 USC 3002 ( 15 ) ( a ).
If no answer provided, the answer is : " Admit ''. Admit : _____ Deny : _____ Comment : Being a descendant from these Autochthonous an Aboriginal people of the Americas, CEO does not fall within the boundaries of UNITED CORPORATE, STATE or FEDERAL jurisdiction, and therefore exists outside of any UNITED STATES PROPERTY [ TITLE 18 USC 3077 ].
If no answer provided, the answer is : " Admit ''. Admit : _____ Deny : _____ Comment : It is a fact that any destruction of BENEFICIARYs rights to the free exercise of the religious beliefs, religious practices, rights to be secure in his property, person or papers, or right to contract, is a violation of 15 USC 1692n and SANTANDER CONSUMER USA can be held liable for the destruction of religious property pursuant to 18 USC 247. As TRUSTEES, do the ADDRESSEES AFFIRM or DENY this fact? Should the addressees deny such, the addressees are required to provide 16 their explanation in writing using points of FEDERAL LAW per their obligation to this beneficiary.
If no answer provided, the answer is : " Admit ''. Admit : _____ Deny : _____ Comment : It is a fact that CEO, is a Servant of XXXX, beneficiary, grantee and only real party of interest concerning that STATE OF ILLINOIS ISSUED, ENS LEGIS FICTION, CUSTOMER NAMED SECURITY, BEARER BOND and SOCIAL SECURITY CESTUI QUE TRUST titled XXXX XXXX XXXX TM SS # XXXX. As TRUSTEES, do the ADDRESSEES AFFIRM or DENY this fact? Should the addressees deny such, the addressees are required to provide their explanation in writing using points of XXXX XXXX per their obligation to this beneficiary.
If no answer provided, the answer is : " Admit ''. Admit : _____ Deny : _____ Comment : It is a fact that CEO, is in no way a willing participant in transactions of TRADE OR BUSINESS [ TITLE XXXX XXXX XXXX ( a ) ( XXXX ) ] that he or his property XXXX be regulated by FEDERAL TRADE AGREEMENTS [ TITLE XXXX XXXX XXXX ] enforceable by any corporation. As TRUSTEES, do the ADDRESSEES AFFIRM or DENY this fact? Should the addressees deny such, the addressees are required to provide their explanation in writing using points of XXXX XXXX per their obligation to this beneficiary.
If no answer provided, the answer is : " Admit ''. Admit : _____ Deny : _____ Comment : It is a fact that the CEO was given no disclosure of the terms and conditions of UNITED STATES CITIZENSHIP nor was XXXX XXXX XXXX XXXX XXXX XXXX BANKSTM WORK FILE NUMBER XXXX given a clear offer or consideration to CONTRACT with the XXXX XXXX DISTRICT OF COLUMBIA XXXX a XXXX XXXX XXXX XXXX and XXXX this CEO is not OBLIGATED to PERFORMANCE based on any compelled DEBT OBLIGATION to the XXXX XXXX doing business as the UNITED STATES as a TITLE XXXX XXXX XXXX ( XXXX ) ( A ) CORPORATION and is not a UNITED STATES CITIZEN. Any assumption and/or presumption that XXXX XXXX XXXX XXXX XXXX XXXX BANKSTM WORK FILE NUMBER XXXX is a TITLE XXXX XXXX XXXX FEDERAL EMPLOYEE with a XXXX OBLIGATION to the UNITED STATES is FALSE, MISLEADING and XXXX ABNITIO. As TRUSTEES, do the ADDRESSEES AFFIRM or DENY this fact? Should the addressees deny such, XXXX the addressees are required to provide their explanation in writing using points of XXXX XXXX per their obligation to this beneficiary.
If no answer provided, the answer is : " Admit ''. Admit : _____ Deny : _____ Comment : It is a fact that CEO, was not a party to the contract whereby the STATE OF ILLINOIS ISSUED, XXXX XXXX FICTION, CUSTOMER NAMED SECURITY, XXXX XXXX and SOCIAL SECURITY CESTUI QUE TRUST titled XXXX XXXX XXXX TM SS # XXXX was created as it was done when the CEO was an infant. As TRUSTEES, do the ADDRESSEES AFFIRM or DENY this fact? Should the addressees deny such, the addressees are required to provide their explanation in writing using points of XXXX XXXX per their obligation to this beneficiary.
If no answer provided, the answer is : " Admit ''. Admit : _____ Deny : _____ Comment : It is a fact that as property of the Most High XXXX, XXXX is a non-tax obligated human being exempt from XXXX XXXX which XXXX defines as commerce between XXXX State, Territory, Possession, or the District of Columbia and another XXXX, Territory, Possession, or the District of Columbia, all of which represent commercial property and/ or property rights being transferred between man- made, corporate jurisdictions. As TRUSTEES, do the ADDRESSEES AFFIRM or DENY this fact? Should the addressees deny such, the addressees are required to provide their explanation in writing using points of XXXX XXXX per their obligation to this beneficiary.
If no answer provided, the answer is : " Admit ''. Admit : _____ Deny : _____ Comment : It is a fact that CEO did become beneficiary to a trust action with the surrendering of his security and bearer bond information to SANTANDER CONSUMER USA XXXX SANTANDER CONSUMER USA did assume the role of fiduciary trustee bound by laws of trust regarding the same whether this fact was written, expressed, implied, or not. As TRUSTEES, do the ADDRESSEES AFFIRM or DENY this fact? Should the addressees deny such, the addressees are required to provide their explanation in writing using points of XXXX XXXX per their obligation to this beneficiary.
If no answer provided, the answer is : " Admit ''. Admit : _____ Deny : _____ Comment : XXXX It is a fact that, in VIOLATION of PUBLIC LAW XXXX and in VIOLATION of TITLE XXXX XXXX XXXX XXXX SANTANDER CONSUMER USA XXXX XXXX XXXX AND CONSPIRE to DESTROY the unalienable natural and religious rights of this CEO to be secure in said CEOS papers and property through SANTANDER CONSUMER USA XXXX XXXX XXXX OF TRUST, BREACH OF FIDUCIARY DUTY and through a SCHEME OR ARTIFICE TO DEFRAUD, the CEO ( TITLE XXXX XXXX XXXX XXXX whereby the OBLIGATION of SANTANDER CONSUMER USA XXXX XXXX OFFSET and DISCHARGE all DEBT OBLIGATIONS as a CORPORATION acting for the UNITED STATES XXXX XXXX AUTHORIZATION and CONSENT of the UNITED STATES XXXX XXXX TITLE XXXX XXXX XXXX XXXX WILLFULLY and NEGLECTFULLY withheld from the CEO although SANTANDER CONSUMER USA XXXX XXXX XXXX and adhere to all UNITED STATES XXXX XXXX which includes without being limited to PUBLIC LAW XXXX and all OBLIGATIONS of the UNITED STATES XXXX pursuant XXXX XXXX XXXX BANKING ACT of XXXX, which is still in effect, so be it. As TRUSTEES, do the ADDRESSEES AFFIRM or DENY this fact? Should the addressees deny such, the addressees are required to provide their explanation in writing using points of FEDERAL LAW per their obligation to this beneficiary as CEO.
If no answer provided, the answer is : " Admit ''. Admit : _____ Deny : _____ Comment : It is a fact that, SANTANDER CONSUMER USA ADDRESSEES are CRIMINALLY LIABLE under XXXX XXXX XXXX for any and all COMMERCIAL DAMAGE inflicted upon the CEO as a result of SANTANDER CONSUMER USA COMPANYS UNAUTHORIZED USE of the CEOS SOCIAL SECURITY CESTUI QUE TRUST XXXX XXXX XXXX XXXX whereby CREDIT was extended to SANTANDER CONSUMER USA XXXX XXXX XXXX XXXX XXXX returned to the CEO. As TRUSTEES, do the ADDRESSEES AFFIRM or DENY this fact? Should the addressees deny such, the addressees are required to provide their explanation in writing using points of XXXX XXXX per their obligation to this beneficiary.
If no answer provided, the answer is : " Admit ''. Admit : _____ Deny : _____ Comment : It is a fact that this CEO is aware of and knows that the XXXX BANKRUPTCY is verified in XXXX REPORT NO. XXXX XXXX. XXXX, XXXX SESSION ( XXXX ), SUMMARY OF EMERGENCY POWER STATUTES, XXXX ORDERS XXXX, XXXX, XXXX, and by XXXX ORDER XXXX on XX/XX/XXXX, and as further codified at XXXX U.S.C.A. XXXX ( a ) and ( b ) as AMENDED. As TRUSTEES, do the ADDRESSEES AFFIRM or DENY this fact? Should the addressees deny such, XXXX the addressees are required to provide their explanation in writing using points of XXXX XXXX per their obligation to this beneficiary.
If no answer provided, the answer is : " Admit ''. Admit : _____ Deny : _____ Comment : It is a fact that, pursuant to the EMERGENCY BANKING ACT of XXXX and its ABROGATION OF THE GOLD CLAUSE, the BENEFICIARY has been deemed by XXXX as being unable to pay DEBT and thus per PUBLIC LAW XXXX to demand payment is against PUBLIC POLICY. As TRUSTEES, do the ADDRESSEES AFFIRM or DENY this fact? Should the addressees deny such, the addressees are required to provide their explanation in writing using points of XXXX XXXX per their obligation to this beneficiary.
If no answer provided, the answer is : " Admit ''. Admit : _____ Deny : _____ Comment : It is a fact that, TITLE XXXX XXXX XXXX of the UNITED STATES XXXX records the STATUTORY PLEDGE of the UNITED STATES XXXX XXXX to fulfill the PAYMENT of all OBLIGATIONS and INTEREST on the PUBLIC DEBT, so be it, As TRUSTEES, do the ADDRESSEES AFFIRM or DENY this fact? Should the addressees deny such, the addressees are required to provide their explanation in writing using points of XXXX XXXX per their obligation to this beneficiary.
If no answer provided, the answer is : " Admit ''. Admit : _____ Deny : _____ Comment : It is a fact, that SANTANDER CONSUMER USA XXXX is a DEBT COLLECTOR as defined by XXXX XXXX XXXX ( XXXX ). As TRUSTEES, do the ADDRESSEES AFFIRM or DENY this fact? Should the addressees deny such, the addressees are required to provide their explanation in writing using points of XXXX XXXX per their obligation to this beneficiary.
If no answer provided, the answer is : " Admit ''. Admit : _____ Deny : _____ Comment : It is a fact that, SANTANDER CONSUMER USA is a CORPORATION acting for the UNITED STATES and with the AUTHORIZATION and CONSENT of the UNITED STATES pursuant to TITLE XXXX XXXX XXXX and thus ADDRESSEES are responsible for the XXXX XXXX SANTANDER CONSUMER USA and PROCEDURES and their conformity to UNITED STATES PUBLIC POLICY. Do the ADDRESSEES affirm or DENY this fact? As TRUSTEES, do the ADDRESSEES AFFIRM or DENY this fact? Should the addressees deny such, the addressees are XXXX required to provide their explanation in writing using points of XXXX XXXX per their obligation to this beneficiary.
If no answer provided, the answer is : " Admit ''. Admit : _____ Deny : _____ Comment : It is a fact that the SOCIAL SECURITY NUMBER represents an an open end credit plan pursuant to XXXX XXXX XXXX and a credit card according through the TRUTH IN LENDING ACT therefore your affiant should have not been labeled a borrower on the contract provided by SANTANDER BANK nor should have FEDERAL RESERVE NOTES been demanded of this affiant as this is a violation of XXXX XXXX XXXX which are the Obligations of the UNITED STATES pursuant to XXXX XXXX XXXX. As TRUSTEES, do the ADDRESSEES AFFIRM or DENY this fact? Should the addressees deny such, the addressees are required to provide their explanation in writing using points of XXXX XXXX per their obligation to this beneficiary.
If no answer provided, the answer is : " Admit ''. Admit : _____ Deny : _____ Comment : It is a fact that, the TRUTH IN LENDING ACT defines CREDIT as the right granted by a CREDITOR to a DEBTOR pursuant to TITLE XXXX XXXX XXXX XXXX and the right of CEO regarding the right to that unencumbered use of said right has been infringed upon by SANTANDER CONSUMER USA XXXX AGENTS who did WILLFULLY NEGLECT to disclose their intended use of said right for their own UNJUST ENRICHMENT within the forms that they did furnish to create SANTANDER CONSUMER USA ACCOUNT # XXXX. As TRUSTEES, do the ADDRESSEES AFFIRM or DENY this fact? Should the addressees deny such, the addressees are required to provide their explanation in writing using points of XXXX XXXX per their obligation to this beneficiary.
If no answer provided, the answer is : " Admit ''. Admit : _____ Deny : _____ Comment : It is a fact that, in violation of Article XXXX Section XXXX Clause XXXX, in violation of Article XXXX section XXXX Clause XXXX and in violation of Article XXXX section XXXX clause XXXX as written in the constitution for the united states of America as amended prior to the XXXX dissolution of the XXXX XXXX, SANTANDER CONSUMER USA in VIOLATION of UNITED STATES XXXX XXXX did design, compile, and furnish a DECEPTIVE FORM knowing that such form would be used to create false belief in this beneficiary that a person other than the creditor of such beneficiary is participating in the collection of or in an attempt to collect a debt whereas SANTANDER CONSUMER USA was not the CREDIT source of the funding made available to the beneficiary. As TRUSTEES, do the ADDRESSEES AFFIRM or XXXX DENY this fact? Should the addressees deny such, the addressees are required to provide their explanation in writing using points of XXXX XXXX per their obligation to this beneficiary.
If no answer provided, the answer is : " Admit ''. Admit : _____ Deny : _____ Comment : It is a fact that SANTANDER CONSUMER USA XXXX, XXXX XXXX and XXXX POLICE DEPARTMENT worked in cahoots to re-possess the vehicle based on DECEPTIVE FORMS and UNFAIR DEBT COLLECTION PRACTICES based on FICTITIOUS OBLIGATIONS placed upon this BENEFICIARY pursuant to STUDIED CONCEALMENT of a damaging TRUST DE XXXX XXXX and do owe this affiant DAMAGES. As TRUSTEES, do the ADDRESSEES AFFIRM or DENY this fact? Should the addressees deny such, the addressees are required to provide their explanation in writing using points of XXXX XXXX per their obligation to this beneficiary.
If no answer provided, the answer is : " Admit ''. Admit : _____ Deny : _____ Comment : It is a fact that on XX/XX/XXXX, SANTANDER CONSUMER USA XXXX did provide your affiant with a XXXX XXXX XXXX automobile based on consideration and acceptance of your affiants open-end consumer plan pursuant to XXXX XXXX XXXX XXXX g ) that resulted in a credit sale pursuant to XXXX XXXX XXXX XXXX h ) and not a loan as was indicated via the deceptive forms supplied this CEO by SANTANDER CONSUMER USA XXXX and XXXX XXXX XXXX XXXX of XXXX XXXX. As TRUSTEES, do the ADDRESSEES AFFIRM or DENY this fact? Should the addressees deny such, the addressees are required to provide their explanation in writing using points of XXXX XXXX per their obligation to this beneficiary.
If no answer provided, the answer is : " Admit ''. Admit : _____ Deny : _____ Comment : It is a fact that, SANTANDER CONSUMER USA XXXX did FURNISH CERTAIN DECEPTIVE FORMS as defined by TITLE XXXX XXXX XXXX whereby under economic compulsion, once signed, SANTANDER CONSUMER USA XXXX did affix the TITLE of DEBTOR/BORROWER to the NAME XXXX XXXX XXXX XXXX XXXX UNDISCLOSED source of CREDIT and unsecured BEARER BOND which XXXX SANTANDER CONSUMER USA did XXXX as the companies asset in an UNAUTHORIZED USE of said ASSET without said ASSET being registered as a SECURITY being extended to SANTANDER CONSUMER USA XXXX XXXX beneficiary although in VIOLATION of XXXX XXXX XXXX SANTANDER CONSUMER USA NEGLECT XXXX extend any BENEFIT or PAYOUT to the CEO. As TRUSTEES, do the ADDRESSEES AFFIRM or DENY this fact? Should the addressees deny such, the addressees are required to provide their explanation in writing using points of XXXX XXXX per their obligation to this beneficiary.
If no answer provided, the answer is : " Admit ''. Admit : _____ Deny : _____ Comment : It is a fact that at no point was it expressed, written or implied that the use and enjoyment owed to this CEO and BENEFICIARY regarding the CERTIFICATED CUSTOMER NAMED SECURITY XXXX XXXX XXXX would be waived that SANTANDER CONSUMER USA could claim said ASSET while extending no BENEFIT to this CEO. This CEO does hereby exercise his right to demand his due PAYOUT as said PAYOUT has been CRIMINALLY WITHHELD as defined in TITLE XXXX XXXX XXXX pursuant to an UNAUTHORIZED USE of the CEOS RIGHT to the use of that CREDIT issued by the
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| 11/22/2020 |
Yes |
- Vehicle loan or lease
- Loan
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- Getting a loan or lease
- Changes in terms mid-deal or after closing
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Web |
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This complaint involves myself as the retail-buyer of a XXXX XXXX XXXX XXXX ( est. XXXX miles at the time of purchase ; included only basic features : two power windows, a sunroof and CD player ). A 'XXXX dealership ( herein referred to as the Dealership ) in Ohio was the seller/creditor and was also the location of the credit sale.
CPS, INC was the purported assignee who purchased the named Retail Installment Sale Contract/Simple Finance Charge ( herein referred to as installment contract ) at issue. CPS is an unlicensed fictitious business entity in the State of California and unlicensed as a foreign entity in the State of Ohio and conducts business interchangeably as or with the name : Consumer Portfolio Services ( herein wholly referred to as Consumer Portfolio Services ).
The crux of this complaint boils down to : the formation of this installment contract ; being misled into contracting for this credit sale and the unrelenting illegal enforcement of the same thereto as a result of : intentional misrepresentations ; undue influence ; unilateral mistake ; unconscionable, unfair, unequal bargaining power/contract terms/treatment ; economic duress ; frustration of purpose ; breach of warranty ; material breach ; violations of Consumer Protection Act ( Dodd-Frank Act ), Truth in Lending ( TILA ), the Gramm-Leach-Bliley Act, the Equal Credit Opportunity Act ( ECOA ), Unfair and Deceptive Acts or Practices ( UDAP ) and Fair Debt Collection Practices Act ( FDCPA ) in relation to the advertising, offering, bargaining, financing, servicing and overall enforcement the purported installment contract at issue.
BACKGROUND I am aware of this complaints length, but I am submitting it in good faith and I dont intend for any part to appear repetitive, but I needed to articulate my claim in a manner that made this complaint well-received and for the most appropriate relief. Therefore, I ask that you refrain from presupposing it as some acrimonious tangent against some company. Rather, this complaint affects the public at large because I am certain I am not the only one that has or is going through this what I am with the company at issue. I did not want to leave any element out, as I was concerned that if I failed to address everything in this complaint that I might waive the opportunity to do so later. Therefore, as a background for my complaint I assert the following : In the year XXXX, in my XXXX I regrettably filed bankruptcy for the first time ( for debt totaling - $ XXXX ). Soon after filing, I received and answered a direct mailer advertisement from the dealership offering to help me reestablish my credit with favorable terms and stating no matter my past credit history ( e.g., bankruptcy, repossession, divorce, etc. ).
I was not hard pressed for a vehicle at the time. I was a single mother of XXXX children and a XXXX XXXX for the State. I would drive 90 miles a day in my SUV. Being the only income provider economic stability was important, so acquiring a more gas/money saving vehicle and being able to rebuild/reestablish my credit were two attractive selling points for me. I thought that I was in a good position by not being desperate to buy a new vehicle, because I viewed the lack of desperation as a plus in my buying making decision and protecting my interests.
THE NEGOTIATION PROCESS WITH THE DEALERSHIP At the dealership, I was originally steered towards purchasing brand-new vehicles, which I firmly refused because I could not afford it. I was shown a limited selection of used vehicles, which had no visible price displayed on them. I could never receive an immediate direct answer by the dealership regarding the sale price for any one car, because not realizing it -- -each car was tied to a specific finance offer according to my credit, income, etc. and whomever would offer the financing I was ready to leave when I saw the XXXX XXXX XXXX XXXX which became the subject matter of this installment contract. I test-drove it ; I was offered to keep it for a couple days, but I declined. From here, the dealership told me they would call me to offer the financing terms.
MANUFACTUTRED & PURPOSEFUL CONFUSION IN RELATION TO CONTRACT TERMS INTERPRETATION The dealership called and offered me terms with the payment amount nearing $ 500/a month and gave vague mentioning to just a couple other terms. I rejected the offer and told the dealership that the monthly payment was too high and I could not afford it. The dealership qualified me for too much, but I knew my limit and thanked them for their time. The dealership immediately began to haggle posing the question Well, what payment amount would you be comfortable with? I told the dealership and they contacted me later to present a new offer with a new lower monthly payment amount now set at XXXX XXXX a month, but now needed a {$500.00} down payment. I provided a provisional intent of acceptance to this offer over-the-phone to the dealership.
However, having been unfulfilled with this phone conversation when time came to return to the dealership to consider finalizing the transaction I had and indeed asked numerous questions. But here is the kicker : I must ask a lot of questions in most situations financial or otherwise because I have a documented XXXX XXXX. My XXXX XXXX has nothing to do with my intelligence, but I require more context clues ( i.e., thoroughness in explanation ) and I must ask several questions to grasp a fully comprehensive level of understanding, especially when the information is not familiar.
Unfortunately, the dealership who believed that my coming back meant that the deal was all sewn up was irritated by my various questions about the transaction and eventually left me alone in a room for an extended period of time, which I assume was to place me in a so ready to leave state to the point that I would agree to anything just to be able to sign and leave. This was not the case for me. I always maintained and had my questions to ask them.
PRE-FORMATION ANALYSIS OF INSTALLMENT CONTRACT TERMS I had never seen the words RETAIL INSTALLMENT SALE CONTRACT / SIMPLE FINANCE CHARGE before. I asked the dealership if I was making payments or installments?. The dealership told me both.XXXX-month term, with equal monthly installment payments, at {$360.00} a month, all fees and finance charge included.
I was floored when I saw the length of the contract term XXXX installments/months. This was substantially longer than the contract term provided to me via our previous phone call regarding the offer/terms ; the APR ( 19.45 % ) was omitted during our phone, and I was equally just as surprised seeing the APR rate as well.
At this point, I rejected the offer because it had lost its value once again. Everything just seemed to keep changing, despite the dealerships attempts to make everything seem straightforward.
I was there for a vehicle and the financing was a consequence to the sales transaction. I was not expecting the red-carpet treatment after a bankruptcy, but assuming anything could happen in-between signing and XXXX months ( XXXX years ) down the line I needed to be comfortable with the finance terms based on my ability to pay and any worse case scenario. This was an integral part of conducting the transaction, and if not for the representations and warranties promised to me the vehicle would not have mattered anymore and I would have simply went to another dealership or have waited for another time later to finance with the credit union, etc.
Nonetheless, the dealership explained that the length in the overall financing term had to be stretched-out to get me to a lower monthly payment amount. At the time, due to my ignorance I did not know that the length of time for financing mattered just as much as anything else if not more ( i.e., time value of money ).
I argued next about the high APR, on grounds that I had just filed bankruptcy ; therefore, no longer had any debt, so I did not understand why the APR needed to be that high? And I negotiated to have it lowered. The dealership noted that they worked like a dog to get me the best deal.
The dealership said that they could not change it that day, but promised that the company being assigned the contract would take care of me and adjust/lower the APR to get me at a better rate and lower payment amount. The dealership reinforced this warranty by pointing to a clause on the very front of said installment contract which stated The Annual Percentage Rate may be negotiable with the Seller as a reassuring reference point to me.
In general, the installment contract was explained in a hurried manner. The contract itself was on a huge, long, busy, and purposely distracting form ( 8.5x 24 inches long ) and I had difficultly following along with it. There was absolutely no way to change this adhesive pre-printed LAW Form No. XXXX XXXX XXXX XXXX Retail Installment Sale Contract form. The contract was printed on a 3-5-page carbon copy form and the dealership used a dot matrix printer to print it, and the installment contract was already printed when I arrived.
I asked and required more thorough explanations/interpretations for most of it, especially at the very least for the provisions I was bombarded from clearly seeing by the dealerships finance/insurance representative due to his hovering over the contract citing that he was trying to be thorough. The only contact I had with the installment contract was my actual placement of my only two required signatures on the very front.
Whats more, whether the dealership hovered over that oversized contract or not they could have given me the installment contract ( prior to signing it ) to hold for a week it would not have mattered.
Take the numbers and the signatures out the equation and to this day I still do not understand most of the boilerplate terms which are an essential part of any agreement and affect the rights and/or benefits under the agreement as much, if not more, as any other terms. Boilerplate terms can be negotiated in the same manner as all other terms in an agreement, however, when you dont comprehend wholly the context of a contracts terms but ask for the contract presenter to explain the interpretation because this is their field of expertise and they should know only to be told and agree to one thing and later the contract be enforced a completely different way is monstrous.
Nevertheless, I never met the people at the dealership and as a person who does not think that way would hate to live believing that everyone was lying to me on approach. I was not nave per se. However, I was by myself during the transaction, but I asked all questions beyond reason that I needed to make the best decision for me and my family. With the APR of XXXX % being a major contributing factor of my monthly payment calculation I only proceeded with the sale and the financing contingent upon the warranty and representations offered by the dealership in my ability to change and lower both the APR and monthly payment as a condition subsequent.
I relied on this reassurance, as these conditions were extremely material aspects of my decision making, and if the dealership had told me no to any one of these negotiating/bargaining pain points I would have rejected the offer for the third and final time. End of story.
ANALYSIS OF INSTALLMENT CONTRACT CONTENT & FORM ( GENERALLY ) The installment contract was comprised of two-pages total and lacked absolute clarity. It was at times, ambiguous, had confusing term placement, important terms were separated and/or buried within contractual language but not limited to, for example : 1. Wherein the installment contract provision ( s ) on the back where it states : How late payments or early payments change what you must pay We based the Finance Charge, Total of Payments, and Total Sale Price shown on the front on the assumption that you will make every payment on the day it is due. Your Finance Charge, Total of Payments, and Total Sale Price will be more if you pay late and less if you pay early. Changes may take form of larger or smaller final payment. We will send you notice telling you about these changes before the final scheduled payment is due.
2. The aforesaid contract provision on its face, appears to have been a straightforward representation but it is not. The Total of Payments represents the time balance ( the total finance repayment duration or maturity ) and includes the Amount Financed which is the amount of the vehicle sale by itself ( e.g., principal amount ).
3. That would mean this was never a Simple Interest financing credit sale, rather from the beginning this was a Precomputed financing credit sale with interest bearing qualities. Precomputed financing is where the debt is a sum ( wholly ) comprised of the principal amount and the amount of interest computed in advance on the assumption that all scheduled payments will be made when due.
4. With respect to Precomputed financing, they are repayable in substantially equal and consecutive monthly installments of principal and interest combined, except that the first installment period may exceed one month by not more than fifteen days, and the first installment payment amount may be larger than the remaining payments by the amount of interest charged for the extra days ; and provided further that monthly installment payment dates may be omitted to accommodate borrowers with seasonal income ( which is explained further, but in a completely separate provision from this one ).
5. Wherein the installment contract states in part : How we will apply payments We will figure the Finance Charge on a daily basis at the Annual Percentage Rate on the unpaid part of Amount Financed. My thought to this confusing statement was I thought you did figure the finance charge because its enclosed on the front? This lacked clarity.
6. Well, with respect to Interest-Bearing financing, interest is computed on the unpaid principal balances outstanding from time to time, for the time outstanding. Each payment is applied first to unpaid charges and fees, then to interest, and the remainder to the unpaid principal balance.
7. How we will apply payments provision states in part : We may apply each payment to the earned and unpaid part of the Finance Charge, to the unpaid part of the Amount Financed, and to the other amounts you owe under this contract in any order we choose 8. With respect to the Actuarial method '' it is a method of allocating payments made on a loan between the principal amount and interest whereby a payment is applied first to the accumulated interest and then the remainder to the unpaid principal amount.
9. Notwithstanding, the last statement states in part : in any order we choose looking back was a flagrant play upon the target audiences ( me and other consumers ) low-awareness & and financial ignorance. To the extent, where this standard adhesive XXXX XXXX XXXX retail installment contract, once you put it all together because its all over the place that this installment contract is not only Precomputed, Interest-Bearing, but uses the Rules-of-78s as its accrual & payment methodology.
10. Said installment contract was made for 66 months, the use of Rules of 78s as the accrual method is prohibited for any loan or financing term over 61 months according to federal law, and some states dont allow it at all.
11. The accounting method ( s ) used by Consumer Portfolio Services best explains why my efforts ( many years before now ) to refinance with another company and get away from this contract altogether ( after complaining to the Consumer Portfolio Services about the credit sale formation with the dealership ) was absolutely fruitless. Additionally, it explains why the pay-off amount back then was stated for the entire installment contract amount and not just for what I would have owed up until that point, because again, this installment contract never used a simple interest methodology for accounting and payment allocation.
This fact became even clearer when considering the You may prepay provision on the back of the installment contract, which contradicted the Prepayment provision on the front of the installment contract.
It was confusing and the provision on the back stated in part that there would not be a penalty for paying all or part of the Amount Financed ( the Principle amount ) but you must pay the earned and unearned part of the Finance Charge and all other amounts up to the date of your payment which was not stated on the front of the installment contract under similar provision. The dealership deceived me. He confused the words prepay with pay-off and those are two separate terms. The material omission that you will not be refunding the finance charge is a prepayment penalty.
Additionally, there was an Option box detailing that there would be No finance charge if the Amount Financed is paid in full before. I was told that this provision meant no finance charge if paid in full, as a promotional offer, for example if I was offered a no finance charge for XXXX promotion, etc.. But this was not true. I was duped again. Nevertheless, I never received the refund I should per Ohio law regarding as a result of my efforts to refinance out of this contract years earlier.
12. This installment contract failed to include a Notice Clause. If notice were to be sent to either party how was this process supposed to be achieved? This installment contract did not require a change of address, a requirement that a partys phone number be updated. This contractual delegation or duty was silent.
13. This installment contract might have stated that no oral changes are binding, but it did not include no changes in understandings are not binding. Moreover, how do I know that the dealership did not in fact provide Consumer Portfolio Services of our understandings when the boilerplate language is static and already stated that this is the complete agreement prior to anything ever being filled out.
14. This installment contract failed to explain how deferments and/or payment extensions would work and to what extent because the installment contract does not even provide an explanation. At the time, I didnt understand the words maturity date from the installment contract extensions because this was not a loan it was financing, but I felt that I had no other choice but to always agree to Consumer Portfolio Services terms no matter what.
15. Many important contract terms were repetitive in wording or were not reasonably close to its analogous context to prevent intent from becoming lost, impaired, or creating ambiguity.
16. Thus, ambiguity is created by stating the same thing more than once ; rarely is it not possible to say something twice without creating ambiguity. Certain terms within said installment contract were merely stated generally on one document side, only to be repeated and elaborated differently on the other side of the page resulting in contradiction and confusion.
17. Another installment contract provision states in part : Your Other Promises to Us which was a confusing headline. It created emphasis which implied that other statements in the contract are less important, especially considering the words which followed, wherein it stated in part, This secures payment of all you owe on this contract. It also secures your other agreements in this contract [ sic ] This is how these two sentences within this paragraph began and ended. It did mention a few bullet points before it, but the words after did not lead to nowhere that I could conceive, because I do not know what This or It is referring to. Moreover, the statement, All you owe on this contract is awful to place in any contract. Owe means that I am already obligated.
18. The installment contracts headline RETAIL INSTALLMENT SALE CONTRACT / SIMPLE FINANCE CHARGE is fraudulently stated because it is contradictive to the payment accrual and allocation method described within it.
19. The installment contract provision wherein it states : Prepayment. If you payoff all your debt early, you will not have to pay a penalty. To a reasonable person this would mean that there is no prepayment penalty, but it is deceptive when the finance charge already worked into the total installment contract amount in a way that doesnt allow for an incentive to pay early. On the other hand, an installment contract with precomputed interest consists of substantially equal payments throughout the entire contract so with that information you would know what to expect.
20. But, when the headline of a contract states, Simple Finance Charge but is in fact a Precomputed Finance Charge the consumer would never truly know what they were getting into. You can not lie about the type of loan you are getting a consumer into, especially when they are concerned, inquisitive and asking every question that should have prevented this fact.
21. Which is why I have been devastated by the willful deception and misrepresentations told and warranted to me by the dealership. I would not have agreed to a XXXX month payment term, while paying XXXX XXXX interest the entire time, no matter if for example, my credit score the 800s ; fresh out of bankruptcy where the chances of rebuilding my credit after 1-2 years later were greater and absolutely would not have justified such awful terms as these.
22. I was misled into believing that I could merely pay just the Amount Financed ( i.e., principal amount ) and have my performance discharged from this contract if I needed to refinance elsewhere.
23. Notwithstanding, CPS after I made inquiry about refinancing the APR for a lower rate and payment amount but was refused by them despite my agreement and understanding with the dealership and my reliance of it when asked if I could at the very least make principal payments? CPS told me No they do not do that either ... So, how was this ever a simple finance charge ( lightbulb ) thats because it never was.
POST-CONSUMMATION COURSE OF DEALING & TREATMENT WITH ASSIGNEE OF THE INSTALLMENT CONTRACT ( CONSUMER PORTFOLIO SERVICES ) Not long after finalizing this installment contract/ credit sale transaction, I missed many calls from Consumer Portfolio Services who was calling me to make first contact with me, but I did not know who they were. This installment contract was assigned solely to a company named CPS, INC who is unlicensed.
I soon found that Consumer Portfolio Services uses the name CPS interchangeably which has always been confusing, but even more confusing for third-parties ( i.e. family members, friends ) who would receive phone calls from Consumer Portfolio Services referring to themselves as CPS and stating that they need to speak to me about an important matter, to include my XXXX XXXX where I received oral discipline because of their calls. Consumer Portfolio Services caused distressing urgency and confusing amongst these third-party persons for me, because CPS is not distinguishable from Consumer Portfolio Services.
That is because most people consider the combined letters C-P-S as an automatic reference with Child Protective Services. Which was confusing to me when I saw their name on the installment contract and was absolutely disturbing to hear by other third parties on my behalf because they thought I was I XXXX my children. Coupled with the fact that CPS would call the same or next day as Consumer Portfolio Services third-party persons were all over the place with confusion and didnt know if I was XXXX my children or having a debt collected it was intentionally embarrassing!
Which is why in year XXXX I submitted a partial Cease and Desist on Consumer Portfolio Services to bar them from contacting anyone but me, which they recently violated for the first time in 4 years on XX/XX/XXXX in retaliation of my telling them ( Consumer Portfolio Services ) that I would no longer be subjected to their abuse, mistreatment or this contract. Only days later they pretended as though they were struggling to reach me, however, phone records would show that I have gone months without making actual contact with them
( Consumer Portfolio Services ) because they are absolutely abusive to talk to.
Notwithstanding, once I eventually figured out who Consumer Portfolio Services was and had my first contact with them, I asked if they were aware of the warranties promised to me by the dealership and wanted assurance they would honor it. Consumer Portfolio Services told me that they would not be able to change any part of the contract and that needed to have taken place during the transaction and that theyre just the servicer for the contract. I argued with them and I also communicated with the dealership and they merely passed the buck back to Consumer Portfolio Services.
I advised Consumer Portfolio Services that I did not agree to this loan as it has been, and only agreed because I negotiated with the dealership and was given a warranty of certain changes by you.
Consumer Portfolio Services evaded acknowledgment of my claim and refused to address it directly, but provided that if I no longer wanted the vehicle that I could turn it back in. When I asked if the contract would be considered settled from that point if I did return the vehicle, they told me no, it would be considered a voluntary repossession.
At that moment, I felt sick. It was clear to me that parties to this installment contract were not on the same page ; 2 out-of-the 3 parties knew exactly what every boilerplate term meant, didnt mean, or could mean and how they could manipulate the context of the contract egregiously more in their favor. And I was the only one who wanted a fair deal.
My performance soon after communicating with Consumer Portfolio Services after realizing I was entangled in this installment contract with terms I did not agree to alone and with some I did not understand during the bargain phase ; and which were not going to be honored was poor from the onset and my performance remained poor & impaired throughout the duration of my involuntary servitude against this installment contract. My payment history tells a story, and that story fails to ever show actions of me guaranteeing, committing, or confirming anything but my impaired willingness to make payment.
Consumer Portfolio Services however, did not care. They were not concerned, surprised or shocked by my claims of being misled. They never once made a good-faith attempt to investigate my claims regarding the dealership. It was rather business as usual for them, and they instead preyed further and continued to exploit my misrepresentations, my perceived ignorance, my contractual burden and inflict undue influence, manipulation, economic duress and mental & emotional abuse upon me by enforcing this installment contract which did not align with neither what I agreed to my detriment or with my understanding in relation thereto.
ABUSIVE SERVICING AND COLLECTION PRACTICES Consumer Portfolio Services and I were never on the same page by design. They used the word interest, accrue, and other similar words that the original installment contract never used and was more indicative that this was a loan than a credit sale contract.
Due to the many nuances and ambiguities within the contract Consumer Portfolio Services flagrantly cherry-picked what they were going to acknowledge, and made the duration of dealing with them both burdensome and frankly most times just extremely awkward.
Over time, it was clear that the rights I should have had, not only at the onset of the transaction, but during the contract term was not going to be pursuant with Ohios Retail Installment Sales Act ( RISA ) which gives more protection for circumstances like these or should due to partly because the merchant seller is unlicensed and is more susceptible to self-dealing as is the assignee Consumer Portfolio Services.
Much like the dealership, Consumer Portfolio Services teetered back-n-forth as to what hat they were wearing within any given conversation with me. One day they were able to grossly modify the installment contract ; or at times when I would attempt to stop paying holding to my claims Consumer Portfolio Services would tell me that we gave you a loan when no one else would. Which is not true, but at the time I believed them because I did not know any better.
But I no longer had debt at the time of contracting, and years later I realized that they by law could not have given me a loan, because that is not how a credit sale contract works. Notwithstanding, when I had wanted to change the APR at the beginning or renegotiate any other element of the installment contract I would be told that they ( Consumer Portfolio Services ) were just the servicer and couldnt do anything.
Whats more, Consumer Portfolio Services used that name as well as CPS in their collection efforts. On top of which they used oppressive, coercive influence and abusive practices and tactics to collect, which included but not limited to : - Engaging in behavior which that menacingly argumentative ; confrontational ; harassing ; yelling at me ; continuous cycle of intimidating me to reinforce my compliance ; - Previously would call my place of employment and/or a third-party everyday using misleading names to the point I was warned of discipline and was forced to place a partial cease and desist on communication with Consumer Portfolio Services to stop them from contacting third-parties which they recently breached ; - Yelling at me, - Forcing me to act contrary to my rights ; and beliefs as they were not present during the credit sale ( silent compliance ) ; - Undue inducement by " Consumer Portfolio Services '' through intimidation to perform in a manner different than I otherwise would have performed from the beginning based on previous representations made and agreed to, which created a continuous cycle intimidated or threatened ; - Employing undue fear, blame, undeserved guilt/emotional blackmail, and XXXX as their servicing tactics to distort my sense of events and the reality of what was happening to me ; - Victimizing themselves by normalizing and legitimizing their abuse & behavior to me by attempting to make unreasonable demands seem reasonable ; - Utilizing a cycle of mental and emotional control to support & reinforce economic abuse of enforcing the underlying installment contract ; which acted to limit my actions by restraining my resources to resist the abuse and vulnerable in defending their demands to avoid more harm ; -Numerous unjustified payment extensions against a loan with substantially impaired performance. The cascading interest-bearing effects of these purported daily finance charges, which were allegedly computed based on the outstanding principal balance, in addition to the undisclosed precomputed finance charge improperly increased the principal balance as it steady compou -Gross abuse of contract terms ; creating terms as they went via unilateral modifications of terms and numerous undisclosed changes of the maturity date.
-Unwillingness to produce request for original contract upon request ( my original was destroyed during a break-in ) -Adverse Selection ; Attempted to solicit me a loan with a misleading advertisement once informing " Consumer Portfolio Services '' that the maturity had already passed.
( ( ( I experienced an inability to upload/attach this entire complaint ; breach of contract notice to CPS ; the installment contract itself ; and 'numerous ' exhibits
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| 06/24/2019 |
Yes |
- Mortgage
- Conventional home mortgage
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- Trouble during payment process
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Web |
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Please see signed, executed, and notarized Qualified Written Request as an attachment. Due to the limit of characters on this CFPB portal I was not able to place all the questions of the QWR, as a result I have attached it for your review and response. Some of the questions from the original physical copy are typed out below but not in it's entirety. Please answer all questions from the attachment, as the attachment is complete, signed, executed and notarized. I will mail out all physical copies to all 4 parties certified return receipt via USPS.
RESPA QUALIFIED WRITTEN REQUEST, COMPLAINT, DISPUTE OF DEBT & VALIDATION OF DEBT LETTER, TILA REQUEST This letter is a qualified written request in compliance with and under the Real Estate Settlement Procedures Act, 12 U.S.C. Section 2605 ( e ) and Regulation X 24 C.F.R. 3500, and The Gramm Leach Bliley Act.
RE : Alleged Account # : XXXX XXXX XXXX XXXX, XXXX XXXX, NY XXXX Property address Dear Madam or Sir : Please be advised of your legal obligation to answer this Qualified Written Request and to obtain all records and documents pertaining to the above-mentioned Loan No. This request is made pursuant to the Real Estate Settlement and Procedures Act ( RESPA ). We have reason to believe that certain disclosures and documentation have been withheld in violation of the Truth in Lending Act ( TILA ) and that various Real Settlement Procedures Act ( RESPA ) loan servicing errors may have occurred.
To ensure that any legal claims are brought against the appropriate parties we are requesting evidence to support or exclude Fay Servicing and to satisfactorily provide us a good clear and clean hands understanding and clarification from you, of various sale, transfer, funding source, legal and beneficial ownership, charges, credits, debits, transactions, reversals, actions, payments, analyses and records related to the servicing of this account from its origination to the present date. Your due diligence and lawful compliance in the production of documentation to refute the fact that Fay Servicing has been erroneously holding an alleged right, title, or interest in the alleged account or alleged property/note is vital.
To date, the documents and information we have received from Fay Servicing and our escrow files including subsequent records do not answer many questions. Any refusal to answer our request will be considered a predatory servicing or lending and servicing schemes. As consumers, we are extremely disturbed by the complete disregard for the law pertaining to this mortgage transaction by Fay Servicing and/or anyone who may have any interest in this matter.
I am disputing the validity of the current debt you claim that I owe. To independently validate this debt, I need to conduct a complete exam, audit, review and accounting of my mortgage loan from its inception until the present date. Upon receipt of this letter, please refrain from reporting any negative credit information to any credit reporting agencies until you respond to my requests.
I also request that you conduct your own investigation and audit of my account since its inception to validate the debt you claim I owe you is accurate to the penny. Please do not rely on previous servicers or originators assurances or indemnity agreements and refuse to conduct a full audit and investigation of my account.
I want to ensure that I or [ we ] have not been the victim of such predatory practices. To insure this, I have authorized a thorough review, examination, accounting and audit of my mortgage loan # : XXXX by predatory lending experts. This exam and audit will review my mortgage loan file from the date of my initial contact, application and the origination of my loan to the present date written above.
Needless to say, we are most concerned that fraudulent and deceptive practice by unscrupulous mortgage brokers ; sales and transfers of mortgage servicing rights ; deceptive and fraudulent servicing practices to enhance balance sheets ; deceptive, abusive and fraudulent accounting tricks and practices may have also negatively affected any credit rating, mortgage account and /or the debt or payments that we are currently, or may be legally obligated to. This behavior concerns me since such abuses are targeting the uninformed consumer and disadvantaged, poor, elderly and minorities. I am vehemently concerned as an alleged borrower. As a result, and many other reasons, this leads me to believe that I may be a victim of predatory lending. I am disputing the validity of the current debt you claim I owe. By debt I am referring to : a. The principal balance claimed owed ; b. My calculated monthly payment ; c. Calculated escrow payment ; d. Any fees claimed to be owed by you or any trust or entity you may represent I have reason to believe that the loan terms were misrepresented to me at the time of application and further obscured and/or modified prior to signing. I believe that my income may have been inflated on the application. I also have reason to believe that certain statements were not provided for my approval prior to closing, and that signatures may have been forged on various documents. It is also my belief that certain documents may have not been presented at all. Additionally, I believe that a notary was not physically present to witness my signatures on several pertinent documents and that I was ill advised at the time of closing. To independently validate my debt, I need to conduct a complete exam, audit, review and accounting of my mortgage loan from its inception through the present date.
I have been given the runaround by Fay Servicings employees on countless occasions. I have talked to several agents whom have provided me with different responses to the same questions I have inquired on how to receive my response to the QWR, but to no avail. I have been intentionally re-routed to the wrong department or individuals, dozens of times to hamper my ability to seek the answers I was looking for. This letter should serve, once and for all, to get the proper answers from Fay Servicing.
We hereby demand absolute first hand evidence from you of the original un-certificated or certificated security regarding account number : XXXX. In the event you do not supply us with the very security it will be a positive confirmation on your part that you never really created and owned one. We also hereby demand that a chain of transfer from you to wherever the security is now be promptly sent to us as well. Absent the actual evidence of the security we have no choice but to dispute the validity of your lawful ownership, funding, entitlement right, and the current debt you allege we owe. By debt we are referring to the principal balance you claim we owe ; the calculated monthly payment, calculated escrow payment and any fees claimed to be owed by you or any trust or entity you ma
y service or sub-service for. As such, please treat this letter as a Qualified Written Request under the Real Estate Settlement Procedures Act, codified as Section 2605 ( e ) of Title 12 of the United States Code. As you know, RESPA provides substantial penaltie
s and fines for non-compliance or answers to my questions provided in this letter within sixty [ 60 ] days!
In order to conduct this examination and audit, I need to have full and immediate disclosure including copies of all pertinent information regarding my loan. The documents requested and answers to questions are needed by my counsel and the predatory lending experts retained to ensure that my loan : Was originated in lawful compliance with all federal and state laws, regulations including, but not limited to RESPA, HOEPA and other laws ; That any sale or transfer of my loan was conducted in accordance with proper laws and was a true sale of my note ; That the claimed holder in due course of my promissory note and deed of trust is holding such note in compliance with State and Federal laws and is entitled to the benefits of my payments ; That all appropriate disclosures of terms, costs, commissions, rebates, kickbacks, fees etc. Were properly disclosed to me at the inception of my loan ; That each servicer and sub-servicer of my mortgage has serviced my mortgage in accordance with the terms of my mortgage, promissory note and/or deed of trust ; That each servicer and sub-servicer of my mortgage has serviced my mortgage in compliance with local, state and federal statutes, laws and regulations ; That my loan has properly been credited, debited, adjusted, amortized and charged correctly ; That interest and principal have been properly calculated and applied to my loan ; That my principal balance has been properly calculated and accounted for ; That no charges, fees or expenses, not obligated by me in any agreement, have been charged or assessed to or collected on my account ; In order to validate my debt and audit my account, I need copies of pertinent documents to be provided and answers in writing to various servicing questions to be sent to me.
For each record kept on computer or in any other electronic file or format, please provide a paper copy of all information in each field or record in each computer system, program or database used by you that contains any information on my account.
As such, please send to me, at the address above, copies of the documents requested below as soon as possible. Please provide me copies of : 1. All data, information, notations, text, figures and information contained in your mortgage servicing and accounting computer systems including, but not limited to XXXX XXXX XXXX, any system by XXXX or any other similar mortgage servicing software used by you, any servicers, or sub-servicer of my mortgage account from the inception of my loan to the date written above.
2. All descriptions and legends of all Codes used in your mortgage servicing and accounting system so that the examiners, auditors and experts retained to audit and review my mortgage account may properly conduct their work.
3. All purchase and sale of mortgage agreements, sale or transfer of servicing rights or other similar agreement related to any assignment, purchase or sale of my mortgage loan or servicing rights by you, any broker, affiliate company, parent company, servicers, bank, government sponsored enterprise, sub-servicers, mortgage broker, mortgage banker or any holder of any right related to my mortgage, promissory note and deed of trust from the inception of my loan to the present date.
4. A copy of the Prospectus offered to investors in the trust.
5. All prospectus related to the sale or transfer of my note, deed of trust, mortgage and servicing rights or other similar agreement related to any assignment, purchase or sale of my mortgage loan or servicing rights by you, any broker, affiliate company, parent company, servicers, bank, government sponsored enterprise, sub-servicers, mortgage broker, mortgage banker or any holder of any right related to my mortgage, promissory note and deed of trust from the inception of my loan to the present date.
6. All assignments, transfers, alonges, or other document evidencing a transfer, sale or assignment of my mortgage, deed of trust, promissory note or other document that secures payment by me to my obligation in this account from the inception of my loan to the present date.
7. All deeds in lieu, modifications to my mortgage, promissory note or deed of trust from the inception of my loan to the present date.
8. A complete and itemized statement of the escrow account of the loan, if any, from the date of the loan to the date of this letter, including, but not limited to, any receipts or disbursements with respect to real estate property taxes, fire or hazard insurance, flood insurance, mortgage insurance, credit insurance, or any other insurance product.
9. A complete and itemized statement from the date of the loan to the date of this letter of any property inspection fees, property preservation fees, broker opinion fees, appraisal fees, bankruptcy monitoring fees, or other similar fees or expenses related in any way to this loan.
10. The front and back of each and every canceled check, money order, draft, debit or credit notice issued to any servicer of my account for payment of any monthly payment, other payment, escrow charge, fee or expense on my account.
11. A complete and itemized statement of any and all post-petition arrears including each month in which the default occurred, and the amount of each monthly default.
12. A complete and itemized statement of any funds deposited in any post-petition suspension account ( s ) or corporate advance account ( s ), including, but not limited to, the balance in any such account or accounts and the nature, source and date of any and all funds deposited in such account or accounts.
13. A complete and itemized statement from the date of this loan to the date of this letter of the amount, payment date, purpose and recipient of all foreclosure expenses, NSF check charges, legal fees, attorney fees, professional fees and other expenses and costs that have been charged against or assessed to this mortgage.
14. All escrow analyses conducted on my account from the inception of my loan until the date of this letter ; 15. The front and back of each and every canceled check, draft or debit notice issued for payment of closing costs, fees and expenses listed on my disclosure statement including, but not limited to, appraisal fees, inspection fees, title searches, title insurance fees, credit life insurance premiums, hazard insurance premiums, commissions, attorney fees, points, etc.
16. Front and back copies of all payment receipts, checks, money orders, drafts, automatic debits and written evidence of payments made by me or by others on my account.
17. The amount, if applicable, of any satisfaction fees.
18. A complete and itemized statement of the amount, payment date, purpose and recipient of all fees for the preparation and filing of the original proof of claim, any amended proofs of claim, or any supplemental proofs of claim related to this mortgage.
19. All letters, statements and documents sent to me by your company ; 20. All letters, statements and documents sent to me by agents, attorneys or representatives of your company ; 21. All letters, statements and documents sent to me by previous servicers, sub-servicers or others in your loan file or in your control or possession or in the control or possession of any affiliate, parent company, agent, sub-servicer, servicer, attorney or other representative of your company.
22. All letters, statements and documents contained in my loan file or imaged by you, any servicer or sub-servicers of my mortgage from the inception of my loan to present date.
23. All electronic transfers, assignments, sales of my note, mortgage, deed of trust or other security instrument.
24. All copies of property inspection reports, appraisals, BPOs and reports done on my property.
25. All invoices for each charge such as inspection fees, BPOs, appraisal fees, attorney fees, insurance, taxes, assessments or any expense which has been charged to my mortgage account from the inception of my loan to the present date.
26. All checks used to pay invoices for each charged such as inspection fees, BPOs, appraisal fees, attorney fees, insurance, taxes, assessments or any expense which has been charged to my mortgage account from the inception of my loan to the present date.
27. Have you purchased and charged to the account any Vendors Single Interest Insurance?
28. All agreements, contracts and understandings with vendors that have been paid for any charge on my account from the inception of my loan to the present date.
29. A complete and itemized statement from the date of the loan to the date of this letter of any forced-placed insurance and expenses related thereto, related in any way to this loan.
30. All loan servicing records, payment payoffs, payoff calculations, ARM audits, interest rate adjustments, payment records, transaction histories, loan histories, accounting records, ledgers, and documents that relate to the accounting of my loan from the inception of my loan until present date?
31. All loan servicing transaction records, ledgers, registers and similar items detailing how my loan has been serviced from the from the inception of my loan until present date?
Further, in order to conduct the audit and review of my account, and to determine all proper amounts due, I need the following answers to questions concerning the servicing and accounting of my mortgage account from its inception to the present date. Accordingly, can you please provide me, in writing, the answers to the questions listed below.
LOAN ACCOUNTING & SERVICING SYSTEMS 1 ) Please identify for me each loan accounting and servicing system used by you and any sub-servicer or previous servicer from the inception of my loan to the present date?
2 ) The name, address and phone number of any master servicers, servicers, sub-servicers, contingency servicers, back-up servicers or special servicers for the underlying mortgage debt.
3 ) For each loan accounting and servicing system identified by you and any sub-servicer or previous servicer from the inception of my loan to the present date, please provide the name and address of the company or party that designed and sold the system?
4 ) For each loan accounting and servicing system used by you and any sub-servicer or previous servicer from the inception of my loan to the present date, please provide the complete transaction code list for each system.
DEBITS & CREDITS 1 ) In a spreadsheet form or in letter form in a columnar format, please detail for me each and every credit on my account and the date such credit was posted to my account as well as the date any credit was received.
2 ) In a spreadsheet form or in letter form in a columnar format, please detail for me each and every debit on my account and the date such credit was posted to my account as well as the date any debit was received.
3 ) For each debit or credit listed, please provide me with the definition for each corresponding transaction code you utilize?
4 ) For each transaction code, please provide us with the master transaction code list used by you or previous servicers.
MORTGAGE & ASSIGNMENTS 1 ) Has each sale, transfer or assignment of my mortgage or promissory note or any other instrument I executed to secure my debt been recorded in the county property records in the county and state in which my property is located from the inception of my loan to the present date? Yes or No?
2 ) If no, why?
3 ) Have any sales, transfers or assignments of my mortgage or promissory note or any other instrument I executed to secure my debt been recorded in any electronic fashion such as MERS or other internal or external system from the inception of my loan to the present date? Yes or No?
4 ) If yes, state the full name and address of the Electronic Agent and the full name and address of the Mortgage Electronic Registration System. Attach a copy of the mortgage electronic registration system procedures manual. Please detail for me the names of each seller, purchaser, assignor, assignee or any holder in due course to any right or obligation of any note, mortgage, deed or security instrument I executed securing the obligation on my account that was not recorded in the county records where my property is located.
5 ) Is this a MERS Designated Mortgage Loan? If the answer is yes, then identify the electronic agent and the type of mortgage electronic system used by the agent.
6 ) Is this mortgage part of a Mortgage Warehouse Loan? If so, then state the full name and address of the Lender and attach a copy of the Warehouse Loan Agreement.
7 ) Upon any default or notice of default, state whether or not the Mortgage Warehouse Lender has the right to override any servicers or sub-servicers and provide instructions directly to the Electronic Agent? If the answer is yes, then specifically identify the legal basis for such authority.
ATTORNEY FEES 1 ) For purposes of my questions below dealing with attorney fees, please consider the terms attorney fees and legal fees to be one in the same.
2 ) A summary of all fixed or standard legal fees approved for any form of legal services rendered in connection with this account.
3 ) Have attorney fees ever been assessed to my account from the inception of my loan to the present date?
4 ) If yes, please detail each separate assessment of attorney fees to my account from the inception of my loan to the present date and the date of such assessment to my account?
5 ) Have attorney fees ever been charged to my account from the inception of my loan to the present date?
6 ) If yes, please detail each separate charge of attorney fees to my account from the inception of my loan to the present date and the date of such charge to my account?
7 ) Have attorney fees ever been collected from my account from the inception of my loan to the present date?
8 ) If yes, please detail each separate collection of attorney fees from my account from the inception of my loan to the present date and the date of such collection from my account?
9 ) Please provide for me the name and address of each attorney or law firm that has been paid any fees or expenses related to my account from the inception of my loan to the present date?
10 ) Please identify for me in writing the provision, paragraph, section or sentence of any note, mortgage, deed of trust or any agreement I signed authorized the assessment or collection of attorney fees?
11 ) Please detail and list for me in writing each separate attorney fee assessed to my account and for which corresponding payment period or month such late fee was assessed from the inception of my loan to present date.
12 ) Please detail and list for me in writing each separate attorney fee collected from my account and for which corresponding payment period or month such late fee was collected from the inception of my loan to present date.
13 ) Please detail and list for me in writing any adjustments in attorney fees assessed and on what date such adjustment was made and the reasons for such adjustment.
14 ) Please detail and list for me in writing any adjustments in attorney fees collected and on what date such adjustment were made and the reasons for such adjustment.
15 ) Has interest been charged on any attorney fee assessed or charged to my account? Yes or No?
16 ) Is interest allowed to be assessed or charged on attorney fees charged or assessed to my account? Yes or No?
17 ) How much in total attorney fees have been assessed to my account from the inception of my loan until present date? $ ____________ 18 ) How much in total attorney fees have been collected on my account from the inception of my loan until present date? $ __________ SUSPENSE/UNAPPLIED ACCOUNTS 1 ) For purposes of this section, please treat the term suspense account and unapplied account as one in the same.
2 ) Has there been any suspense or unapplied account transactions on my account from the inception of my loan until present date?
3 ) If yes, why? If no, please skip the questions in this section dealing with suspense and unapplied accounts.
4 ) In a spreadsheet or in letterform in a columnar format, please detail for me each and every transaction, both debits and credits that has occurred on my account from the inception of my loan until present date?
LATE FEES 1 ) For purposes of my questions below dealing with late fees, please consider the terms late fees and late charges to be one in the same.
2 ) A complete and itemized statement of any late charges to this loan from the date of this loan to the date of this letter.
3 ) Have you reported the collection of late fees on my account as interest in any statement to me or to the IRS? Yes or No?
4 ) Has any previous servicer or sub-servicer of my mortgage reported the collection of late fees on my account as interest in any statement to me or to the IRS? Yes or No?
5 ) Do you consider the payment of late fees as liquidated damages to you for not receiving my payment on time? Yes or No?
6 ) Are late fees considered interest? Yes or No?
7 ) Please detail for me in writing what expenses and damages you incurred for any payment I made that was late.
8 ) Were any of these expenses or damages charged or assessed to my account in any other way? Yes or No?
9 ) If yes, please describe what expenses or charges were charged or assessed to my account?
10 ) Please describe for me in writing what expenses you or others undertook due to any payment I made which was late?
11 ) Please describe for me in writing what damages you or others undertook due to any payment I made which was late?
12 ) Please identify for me in writing the provision, paragraph, section or sentence of any note, mortgage, deed of trust or any agreement I signed authorized the assessment or collection of late fees?
13 ) Please detail and list for me in writing each separate late fee assessed to my account and for which corresponding payment period or month such late fee was assessed from the inception of my loan to present date.
14 ) Please detail and list for me in writing each separate late fee collected from my account and for which corresponding payment period or month such late fee was collected from the inception of my loan to present date.
15 ) Please detail and list for me in writing any adjustments in late fees assessed and on what date such adjustment was made and the reasons for such adjustment.
16 ) Please detail and list for me in writing any adjustments in late fees collected and on what date such adjustment was made and the reasons for such adjustment.
17 ) Has interest been charged on any late fee assessed or charged to my account? Yes or No?
18 ) Is interest allowed to be assessed or charged on late fees charged or assessed to my account? Yes or No?
19 ) Have any late charges been assessed to my account? Yes or No?
20 ) If yes, how much in total late charges have been assessed to my account from the inception of my loan until present date? $ ____________ 21 ) Please provide me with the exact months or payment dates you or other previous servicers of my account claim I have been late with a payment from the inception of my loan to the present date.
22 ) Have late charges been collected on my account from the inception of my loan until present date? Yes or No?
23 ) If yes, how much in total late charges have been collected on my account from the inception of my loan until present date? $ __________ PROPERTY INSPECTIONS 1 ) Please attach copies of all property inspection reports and appraisals, including comparable properties which where used to arrive at value for the above loan.
2 ) For purposes of this section property inspection and inspection fee refer to any inspection of my property by any source and any related fee or expense charged for such inspection.
3 ) Have any property inspections been conducted on my property from the inception of my loan until the present date?
4 ) If your answer is no, you can skip the rest of these questions in this section concerning property inspections?
5 ) If yes, please tell me the date of each property inspection conducted on my property that is the secured interest for my mortgage, deed or note?
6 ) Please tell me the price charged for each property inspection?
7 ) Please tell me the date of each property inspection?
8 ) Please tell me the name and address of each company and person who conducted each property inspection on my property?
9 ) Please tell me why property inspections were conducted on my property?
10 ) Please tell me how property inspections are beneficial to me.
11 ) Please tell me how property inspections are protective of my property.
12 ) Please explain to me your policy on property inspections.
13 ) Do you consider the payment of inspection fees as a cost of collection? Yes or No?
14 ) If yes, why?
15 ) Do you use property inspections to collect debts? Yes or No?
16 ) Have you used any portion of the property inspection process on my property to collect a debt or inform me of a debt, payment or obligation I owe?
17 ) If yes, please answer when and why?
18 ) Please identify for me in writing the provision, paragraph, section or sentence of any note, mortgage, deed of trust or any agreement I signed authorized the assessment or collection of property inspection fees?
19 ) Have you labeled in any record or document sent to me a property inspection as a misc. advance? Yes or No?
20 ) If yes, why?
21 ) Have you labeled in any record or document sent to me a property inspection as a legal fee or attorney fee? Yes or No?
22 ) If yes, why?
23 ) Please detail and list for me in writing each separate inspection fee assessed to my account and for which corresponding payment period or month such fee was assessed from the inception of my loan to present date.
24 ) Please detail and list for me in writing each separate inspection fee collected from my account and for which corresponding payment period or month such fee was collected from the inception of my loan to present date.
25 ) Please detail and list for me in writing any adjustments in inspection fees assessed and on what date such adjustment was made and the reasons for such adjustment.
26 ) Please detail and list for me in writing any adjustments in inspection fees collected and on what date such adjustment was made and the reasons for such adjustment.
27 ) Has interest been charged on any inspection fees assessed or charged to my account? Yes or No?
28 ) If yes, when and how much was charged?
29 ) Is interest allowed to be assessed or charged on inspection fees charged or assessed to my account? Yes or No?
30 ) How much in total inspection fees have been assessed to my account from the inception of my loan until present date? $ ____________ 31 ) How much in total inspection fee have been collected on my account from the inception of my loan until present date? $ __________ BPO FEES 1 ) Have any BPOs [ Brokers Price Opinions ] been conducted on my property?
2 ) If yes, please tell me the date of each BPO conducted on my property that is the secured interest for my mortgage, deed or note?
3 ) Please tell me the price of each BPO?
4 ) Please tell me who conducted each BPO?
5 ) Please tell me why BPOs were conducted on my property 6 ) Please tell me how BPOs are beneficial to me.
7 ) Please tell me how BPOs are protective of my property.
8 ) Please explain to me your policy on BPOs.
9 ) Have any BPO fees been assessed to my account? Yes or No?
10 ) If yes, how much in total BPO fees have been assessed to my account? $ ________ 11 ) Have any BPO fees been charged to my account? Yes or No?
12 ) If yes, how much in total BPO fees have been charged to my account? $ ______ 13 ) Please tell me specifically what clause, paragraph and sentence in my note, mortgage or deed of trust or any agreement I have executed allows you to assess, charge or collect a BPO fee from me.
SERVICING RELATED QUESTIONS For each of the following questions listed below, please provide me with a detailed explanation in writing that answers each question : In addition, I need the following answers to questions concerning the servicing of my mortgage account from its inception to the present date. Accordingly, can you please provide me, in writing, the answers to the questions l
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BROCK & SCOTT PLLC VIOLATED A COURT ORDER, TRESPASSED AND MISREPRESENTED IN COURT TO MOVE ON A WRONGFUL FORECLOSURE WITHOUT ANY EVIDENTIARY DOCUMENTS OR AUTHORITY. MANDATORY NOTICE AFFIDAVIT of ILLEGALITY I XXXX XXXX I am that I am a living spirit, flesh and blood natural man on the land, creation of most high creator, in the same image, given dominion to rule, not a slave to any debt or otherwise. Hereby depose and reserve all my rights without prejudice. I am over the age of XXXX and knowledgeable of the facts evidence and proofs within this TRUTH and competent to testify before a Jury and Just Judge in an Upright Court.
Illegal documents have been filed against me and my home, the property I own at XXXX XXXXXXXX XXXX XXXX GA XXXX legal description THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF GEORGIA XXXX XXXX XXXX, DESCRIBED AS FOLLOWS : All that tract or parcel of land lying and belonging in Land lot XXXX of the XXXX District, XXXX XXXX Georgia, being Lot XXXX XXXX XXXX of XXXX XXXX XXXX as per plat thereof recorded in XXXX XXXX XXXX page XXXX, XXXX County Georgia Records, which recorded plat is incorporated herein by reference and made a part of this description.. The person signing the unlawful document is XXXX XXXX of XXXX XXXX XXXX XXXX XXXXXXXX Ga XXXX XXXX XXXX have presented no authority and is a third party with whom I have no business, contract or lease, XXXX XXXX HAVE NEVER PROVIDED ANY FORM OF VALUE IN REGARDS TO THE XXXX HOME AND PROPERTY NOW UNLAWFULLY CONSPIRES TO TAKE IT AND BE ENRICHED FROM THE THEFT BY TAKING, XXXX XXXX has never been my landlord or presented contract from any that could Lawfully claim to be landlord of Grantor, Original Grantee, Issuer, Adverse Possessor of property in good faith for 11 consecutive years XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX is being sought for trespass, unlawful attempts at eviction, misrepresentation, libel and the intentional infliction of emotional distress. theft by taking, Harassment of the XXXX family and property and seemingly aiding and abetting in the fraud to attain property for unjust enrichment as alleged agents for unauthorized entities XXXX XXXX XXXX XXXX XXXX who lacks standing already discovered and adjudicated in XXXX XXXX XXXX, and had no objections to Exempt From Sale and XXXX Court Order or Bankruptcy.
XXXX XXXX of XXXX XXXX XXXX being a party to said case proved up no contract, authority, despite several hearings. None objections or contract entered by XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX or XXXX XXXX XXXX resulting in two court orders 1.Exempting the property from sale and XXXX and 2.Discharge. No lawful Contractual agreement exists between parties XXXX and XXXX XXXX XXXX XXXX XXXX , XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX or XXXX XXXX, XXXX XXXX, XXXX XXXX. None. Evidence or unequivocal proof of alleged loan were ever presented. None unequivocal evidence of a creditors lien, lease or debt upon which a right to evict or collect was Presented in ANY case, NONE secured party creditor, with contract between XXXX and any of the parties, a lien or note holder in due course to prove up an unbroken chain of authority as Georgia Law Requires was presented IN THEIR NAMES and NONE Objections were made to either court orders.
XXXX GAVE MULTIPLE OPPORTUNITY TO PROVE UP : THE DEBT, SOURCE OF A LOAN, VERIFIED NAME AND IDENTITY OF LENDER, SECURED PARTY CREDITOR AND ACCOUNT RECIEPT WITH SIGNATURES FOR AUTHENTICATION, NO THIRD PARTY HEARSAY AND OR CARBON COPIES ARE ACCEPTABLE, UNEQUIVOCAL EVIDENCE AND PROOF BY ORIGINAL SIGNATURES ONLY AS THE LAW REQUIRES.
DUE TO THE OVERWHELMING FRAUD, DUPLICATION OF DOCUMENTS, UNACOUNTED FOR PAYMENTS, ADDING AND SUBTRACTING OF ROBOSTAMPED SIGNATURES, UNIDENTIFIABLE SIGNATURES, FRAUDULENT ATTESTORS and MALICIOUS MISREPESENTATIONS by PERJURING ATTORNIES with LACK of CONTRACTS XXXX XXXX XXXX party who receives title to real property from the seller ( grantor ) XXXX XXXX VOIDS security deed, assignment and deed under power.
ORIGINAL GRANTEE RESERVES ALL RIGHTS WITHOUT PREJUDICE O.C.G.A.10-7-23. Refusal to deliver evidence of debt and securities on tender of amount of debt as discharging surety The surety may tender to the creditor the amount of his debt and demand that the evidence of and the securities for the same be delivered up to him to be enforced against his principal or co-sureties ; and a failure of the creditor to comply, when within his power, shall operate to discharge the surety.
O.C.G.A. 10-1-393 Unfair or Deceptive Practices in Consumer Transactions is Unlawful. Issued checks over {$4000.00} unaccounted for. Issued Original WET INK Note unaccounted for, paid, lost, stolen or destroyed. Original security deed unaccounted for, paid lost stolen or destroyed, min numbers are inactive XXXX NO LONGER HOLDER a third party and had no written order, authority to assign VOIDS THE ASSIGNMENT, A NO INTEREST CONTRACT AS PER UCC NO PROOF OF HOLDER IN DUE COURSE The law requires purchase for value for ownership to be valid, The parties alleging the care, custody and control of the actual evidence and information about the transfer or sale of the debt, note or mortgage is XXXX XXXX allegedly on XXXX XXXX XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. The parties should therefore be required to show the details of the transaction in which the debt, note or mortgage was acquired. To me, that means showing a cancelled check or wire transfer receipt in which the reference was to the loan in dispute. Confirming that the note was sold to the PARTIES prior to void foreclosure meant everyone got paid and the wrongful foreclosure is invalid unlawful double dipping unjust enrichment and VOID. Anything less than that raises questions about whether the loan implied by the note and security deed ever existed.
O.C.G.A. 44-2-43 Fraud, forgery, and theft in connection with registration of title to land ; penalty- shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than ten years.
XXXX XXXX XXXX XXXX suggested I report the crime to XXXX XXXX XXXX and be more specific in the Violations, to give specific violations the judge can bounce off of XXXX XXXX Issuer ORIGINAL Grantee and 1st and Only owner of Warranty Deed in FEE SIMPLE for 11 Consecutive Years is hereby doing so as per Magistrate Judge.
Violations FDCPA-15 U.S. Code 1692f Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if ( A ) there is no present right to possession of the property claimed as collateral through an enforceable security interest ; ( B ) there is no present intention to take possession of the property ; or ( C ) the property is exempt by law from such dispossession or disablement ( D ) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. If the consumer notifies the debt collector in writing within the thirty-day period ( 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.
Furnishing Certain Deceptive Forms ( 15 USC 1692j ) ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating.
( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 813 for failure to comply with a provision of this title.
( 1 ) Whoever causes damage to the property of another with the intention of procuring unlawful benefit for himself or a third person by knowingly leading such other into an act, sufferance, or omission by means of representing falsehoods as facts or misrepresenting or concealing the existing facts, shall be punished by imprisonment for not less than three months and, if the damage is especially great, not less than two years. A person commits the offense of theft by deception when he tries to obtain property by any deceitful means or artful practice with the intention of depriving the owner of the property. O.C.G.A. 16-8-3 - Theft by deception : Obtaining Property by False Pretenses felony punishable by a maximum term of imprisonment For property valued at {$25000.00} or more Felony : 2 to 20 years imprisonment. Under common law, false pretense is defined as a representation of a present or past fact, which the thief knows to be false, and which he intends will and does cause the victim to pass title of his property. That is, false pretense is the acquisition of title from a victim by fraud or misrepresentation of a material past or present fact.
What Is Theft by Conversion in Georgia?
Theft by conversion in Georgia begins with lawfully obtaining another individuals property or funds. The perpetrator then uses the funds or property for their own use without the lawful owners permission. The property can be personal property or real property as in UNLAWFUL SECURITIZATION and UNLAWFULLFORCLOSURES.
What Is Considered Personal Property in Georgia?
According to Georgia law, personal property refers to any property with the replacement value more than {$100.00}. This excludes any late fees or other penalties that may raise the value of the property.
Examples of theft by conversion includes : Payment not applied for the specific purpose, but used for other purposes instead Are Theft by Conversion and Theft by Deception the Same Crime in Georgia?
No. Theft by deception is the criminal act of using false pretenses to obtain someones property. The false pretense includes making a claim about a past event or existing fact. Theft by conversion does not include making false claims or wrongfully obtaining the property. Instead, the person takes the property from someone else legally before deciding to keep or use the property.
Is Theft by Conversion a Felony or Misdemeanor?
The crime can be either a felony or misdemeanor. What a person is charged with depends on the value of the property. Theft by conversion involving property valued at {$1500.00} or under is a misdemeanor. If the amount is over {$1500.00}, then it is a felony.
What Is the Punishment for Theft by Conversion?
The misdemeanor punishment for theft by conversion is up to 12 months in county jail and/or a {$1000.00} fine.
Making false statements ( 18 U.S.C. 1001 ) is the common name for the United States federal crime laid out in Section 1001 of Title 18 of the United States Code, which generally prohibits knowingly and willfully making false or fraudulent statements, or concealing information, O.C.G.A. 16-10-20. False statements, concealment of facts, and fraudulent documents in matters within jurisdiction of state or political subdivisions A person who knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact ; makes a false, fictitious, or fraudulent statement or representation ; or makes or uses any false writing or document, knowing the same to contain any false, fictitious, or fraudulent statement or entry, in any matter within the jurisdiction of any department or agency of state government or of the government of any county, city, or other political subdivision of this state shall, upon conviction thereof, be punished by a fine of not more than {$1000.00} or by imprisonment for not less than one nor more than five years, or both.
O.C.G.A 16-8-102 Residential mortgage Fraud. Offense of residential mortgage fraud A person commits the offense of residential mortgage fraud when, with the intent to defraud, such person : ( 1 ) Knowingly makes any deliberate misstatement, misrepresentation, or omission during the mortgage lending process with the intention that it be relied on by a mortgage lender, borrower, or any other party to the mortgage lending process ; ( 2 ) Knowingly uses or facilitates the use of any deliberate misstatement, misrepresentation, or omission, knowing the same to contain a misstatement, misrepresentation, or omission, during the mortgage lending process with the intention that it be relied on by a mortgage lender, borrower, or any other party to the mortgage lending process ; ( 3 ) Receives any proceeds or any other funds in connection with a residential mortgage closing that such person knew resulted from a violation of paragraph ( 1 ) or ( 2 ) of this Code section ; ( 4 ) Conspires to violate any of the provisions of paragraph ( 1 ), ( 2 ), or ( 3 ) of this Code section ; or ( 5 ) Files or causes to be filed with the official registrar of deeds of any county of this state any document such person knows to contain a deliberate misstatement, misrepresentation, or omission. ( see void deed under power ) An offense of residential mortgage fraud shall not be predicated solely upon information lawfully disclosed under federal disclosure laws, regulations, and interpretations related to the mortgage lending process.
O.C.G.A.16-8-104 Authority to investigate and prosecute for residential mortgage fraud District attorneys and the Attorney General shall have the authority to conduct the criminal investigation and prosecution of all cases of residential mortgage fraud under this article or under any other provision of this title. Nothing in this Code section shall be construed to preclude otherwise authorized law enforcement agencies from conducting investigations of offenses related to residential mortgage fraud.
O.C.G.A. 51-6-4 51-6-4. Fraud by acts or silence ; estoppel to assert title a ) A fraud may be committed by acts as well as words.
( b ) One who silently stands by and permits another to purchase property, without disclosing title, is guilty of such a fraud as estops him from subsequently setting up such title against the purchaser.
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. XXXX XXXX XXXX AND THEIR ALLEGED AGENTS, PRESENTED NO TITLE, NO CONTRACT IN THEIR NAME, NO LIEN AND CANT PRODUCE LAWFULL PROOF OF ANY CLAIMS OF OWNERSHIP AUTHORITY OR STANDING TO FORECLOSE OR EVICT, TRUE OWNER OF TITTLE AND ADVERSE POSESSER XXXX XXXX SEE WARRANTY DEED, OWNERS TITTLE INSURANCE, LAND PATENT CLAIM AND ALL OTHER AUTHORITIVE DOCUMENTS PROOVING LINDSAYS OWNERSHIP INTEREST AUTHORITY AND STANDING, GOOD FAITH ADVERSARIAL POSSESION WITH FAMILY for 11 CONSECUTIVE YEARS.
Using the Mails to Defraud - Crimes of Fraud are CRIMES INVOLVING MORAL TURPITUDE and, therefore, use of the mails in order that the contents of such communication be relied upon by recipient to defraud would amount to a crime which, of necessity, involve moral turpitude. READILY AVAILABLE UPON REQUEST MISREPRESENTED FRAUDULENT AND TAMPERED DOCUMENTS SENT THROUGH USPS MAIL TO HARRASS XXXX AND FORCE UNFAVORABLE ACTIONS.
O.C.G.A. 44-2-14 Requirements for recordation no instrument by which the title to real property or any interest therein is conveyed, created, assigned, encumbered, disposed of, or otherwise affected shall be entitled to recordation unless the name and mailing address of the natural person to whom the affidavit or instrument is to be returned is legibly printed, typewritten, or stamped upon such affidavit or instrument at the top of the first page thereof.
O.C.G.A. 11-9-201. General effectiveness of security agreement.
( a ) General effectiveness. Except as otherwise provided in this title, a security agreement is effective according to its terms between the parties, against purchasers of the collateral, and against creditors.
O.C.G.A. 13-1-8. Contract defined -- Entire and severable contracts ( a ) A contract may be either entire or severable. In an entire contract, the whole contract stands or falls together. In a severable contract, the failure of a distinct part does not void the remainder.
( b ) The character of the contract in such case is determined by the intention of the parties. O.C.G.A.13-1-1. Contract defined -- Generally A contract is an agreement between two or more parties for the doing or not doing of some specified thing.
Grantor Owner Affiant XXXX Issued a Note valued at {$230000.00} received No guarantee of performance, loan receipt, validation of debt, creditors lien, despite several petitions and request to meet face to face. However XXXX note a negotiable instrument of value tendered and not returned dis-honored XXXX XXXX Received payment A FAIR EXCHANGE. Since then the note I issued, quote HAVE BEEN CHOPPED UP AND DUPLICATED SO MANY TIMES WE WOULDNT KNOW WHERE TO FIND IT end quote. Witness evidence must be subpoena by the court for disclosure XXXX XXXX is not A tenant but 1st possessor of tittle for 11 consecutive years and invokes his good faith adverse possession rights. A fraudulent deed under power was filed against my property by XXXX and XXXX and voided by owner XXXX because of the fraud. XXXX was in Bankruptcy at the time of wrongful invalid and void Sale.
NO OBJECTION, request of a lift or permission to pursue was ever presented by XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, the responsible attorneys I believe to be a XXXX XXXX and XXXX XXXX attorneys for the firm XXXX and XXXX.
11. XXXX XXXX made misrepresentative statements prior, on behalf of XXXX XXXX in XXXX XXXX XXXX Appearance and to my belief perjured.to cover up their fraudulent misrepresentation. evidence readily available upon request.
O.C.G.A. 16-10-70. Perjury ( a ) A person to whom a lawful oath or affirmation has been administered commits the offense of perjury when, in a judicial proceeding, he knowingly and willfully makes a false statement material to the issue or point in question.
( b ) A person convicted of the offense of perjury shall be punished by a fine of not more than {$1000.00} or by imprisonment for not less than one nor more than ten years, or both. Perjury -- Overview Of 18 U.S.C. 1621 And 1623 Violations Manual at 902 et seq.
12. O.C.G.A. 16-10-72. Subornation of perjury or false swearing A person commits the offense of subornation of perjury or false swearing when he procures or induces another to commit the offense of perjury or the offense of false swearing and, upon conviction thereof, shall be punished by a fine of not more than {$1000.00} or by imprisonment for not less than one nor more than ten years, or both.
13. Guilty of subordination of perjury18 U.S.C. 473 - Buying, Selling, Exchanging, Transferring, Receiving, or Delivering any False, Forged, Counterfeit, or Altered Obligation or Security of the U.S., with Intent that the Same be Passed, Published, or Used as True.
14. O.C.G.A. 16-8-3. Theft by deception ( a ) A person commits the offense of theft by deception when he obtains property by any deceitful means or artful practice with the intention of depriving the owner of the property.
15. ( b ) A person deceives if he intentionally : ( 1 ) Creates or confirms another 's impression of an existing fact or past event which is false and which the accused knows or believes to be false ; ( 2 ) Fails to correct a false impression of an existing fact or past event which he has previously created or confirmed ; ( 3 ) Prevents another from acquiring information pertinent to the disposition of the property involved ; ( 4 ) Sells or otherwise transfers or encumbers property intentionally failing to disclose a substantial and valid known lien, adverse claim, or other legal impediment to the enjoyment of the property, whether such impediment is or is not a matter of official record.
Grand Theft is a Crime Involving Moral Turpitude- When the property is taken from the person of another. Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, Title 42 1943-unique importance : enforcement is placed in the hands of the people ( a ) Arrest warrants, contempt of court order petition, trespass, illegal eviction judgements among moral turpitude and other violations of Georgia codes and Supreme Court Laws and violations of Constitutional protections are being sought for all three perpetrators.
( b ) Contempt of court. Failure to appear pursuant to any summons or subpoena, disrespectful conduct or failure to comply with any other order or judgment of the court shall constitute contempt of court and be punishable as provided by the City Charter..
( c ) O.C.G.A. 16-7-21 Criminal trespass A person commits the offense of criminal trespass when he or she knowingly and without authority : ( 1 ) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person for an unlawful purpose ; ( 2 ) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person after receiving, prior to such entry, notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant that such entry is forbidden.
( d ) The entity these men claim to be representing, XXXX XXXX XXXX XXXX XXXX, denied owning the loan, denied owning the property, is unable to present the original note for authentication, does not own a Lawful Original security deed and Note signed by XXXX and themselves as parties to a contract registered in XXXX County Clerks Office, Can not prove up an unbroken chain of holder in due course AND DENIED involvement in the fraudulent wrongful foreclosure process.
( e ) Transporting forgery securities interstate commerce ( 18 U.S.C. Section 2314 ), 18 U.S.C. 912 is a divisible statute and defines two separate offenses. First, " whoever falsely assumes or pretends to be an officer or employee, acting under the authority of the United States or any department, agency or officer thereof, and acts as such '' ; or, second, " in such pretended character demands or obtains any money, paper, document, or thing of value. '' Conviction for violation of the second portion necessarily involves an element of fraud ; and fraud being present, the crime is one involving moral turpitude CRIMES AGAINST PROPERTY ( f ) Moral turpitude attaches to any crime against property, which involves " fraud, '' whether it entails fraud against the Government or an individual. The major crimes against property, which involve an evil or predatory intent, likewise involve moral turpitude. Certain crimes against property may require guilty knowledge or an intent to permanently take property.. CRIMES AGAINST PROPERTY FOUND TO INVOLVE MORAL TURPITUDE ( g ) Forgery.
( h ) Uttering a Forged Instrument.
( i ) Accessory Before the Fact in Uttering a Forged Instrument.
( j ) Possession of Stolen Property ( k ) Sending Threatening Letters Through Mail with Intent to Extort.
Fraud.
( l ) Encumbering Property with Intent to Defraud.
( m ) Passing Forged Instruments.
( n ) Attempted Fraud.
( o ) Using the Mails to Defraud.
( p ) Securities Fraud.
( q ) Conspiracy to Defraud the Public.
( r ) Transporting Stolen Property.
( s ) Obtaining Money by False Pretenses.
( t ) Malicious Trespass.
Everyone who causes any event by an act which he knew would probably cause it, being reckless whether such event happens or not, is deemed for the purposes of this part to have caused it willfully.
O.C.G.A. 44-14-33. Attestation or acknowledgment of mortgage ; additional witness in case of land ; constructive notice In order to admit a mortgage to record, it must be attested by or acknowledged before an officer as prescribed for the attestation or acknowledgment of deeds of bargain and sale ; and, in the case of real property, a mortgage must also be attested or acknowledged by one additional witness. In the absence of fraud.
( u ) The crime of document forgery is committed by any of the following means : ( v ) Placing a false signature or flourish, even though imaginary, or altering a true one.
( w ) Accessory Before the Fact in Uttering a Forged Instrument is a Crime ( x ) Every person concerned in the commission of a crime is a party thereto. O.C.G.A. 16-2-20. Any party who did not directly commit the crime may be convicted of the crime upon proof that the crime was committed and he was a party thereto, despite the outcome of the one who directly committed the crime. O.C.G.A. 16-2-21.0a ( y ) O.C.G.A. 16-2-0 ( b ) ( z ) Accessory before the fact ; accessory after the fact is hindering apprehension " Abet '' means to encourage, incite, or help and " Aid '' means to give help or assistance to. Proof of a common criminal intent with the actual perpetrators is necessary, and may be inferred from his conduct before, during, and after the crime. If associates shared common design to do an unlawful act, then any act done in pursuance by any one of them would be the act of each of them.
( aa ) Penalty ( bb ) Punishment is that of the substantive offense. O.C.G.A. 16-2-21.
( cc ) Whoever aids in the commission of a felony, or is accessory thereto before the fact by counseling, hiring or otherwise procuring such felony to be committed shall be punished in the manner provided for the punishment of the principal felon.
( dd ) An accessory to a felony before the fact may be indicted, tried and punished in the same county where the principal felon might be indicted and tried, ( ee ) Uttering Forged Record or Contract.
( ff ) Whoever, with intent to injure or defraud, utters and publishes as true a false, forged or altered record, deed, instrument or other writing knowing the same to be false, forged or altered, shall be punished by imprisonment in the state prison for not more than 10 years in jail for not more than two years.
( gg ) Forgery of Public Documents.
( hh ) Swindling ( ii ) Conspiracy to Commit Forgery in the Third Degree and Making False Statement ( jj ) Forgery is a Crime Involving Moral Turpitude-, Georgia .
( kk ) State of Georgia conviction for forgery. Animashaun v. INS, XXXX XXXX XXXX XXXX XXXX Cir. XXXX XXXX XXXX XXXX Cir. XXXX ). The XXXX XXXX in XXXX XXXX XXXX, XXXX XXXX. Appx. XXXX XXXX XXXX Cir. XXXX ), held that a conviction for forging proof of financial responsibility under the Texas Transportation Code, section 601.196, was a CIMT as the offense involved forgery and was fraudulent in nature.
( ll ) Attempting to Obstruct or Impede the Progress of Justice.
( mm ) 18 U.S. Code 1505 - Obstruction of proceedings before departments, agencies, and committees ( a ) Whoever, with intent to avoid, evade, prevent, or obstruct compliance, in whole or in part, with any civil investigative demand duly and properly made under the Antitrust Civil Process Act, willfully withholds, misrepresents, removes from any place, conceals, covers up, destroys, mutilates, alters, or by other means falsifies any documentary material, answers to written interrogatories, or oral testimony, which is the subject of such demand ; or attempts to do so or solicits another to do so ; ( b ) The Real Estate Settlement Procedures Act ( RESPA ) was a law passed by the United States Congress in 1974 and codified as Title 12, Chapter 27 of the United States Code, 12 U.S.C. 26012617.
( c ) Section 8 of RESPA prohibits a person from giving or accepting any thing of value for referrals of settlement service business related to a federally related mortgage loan. It also prohibits a person from giving or accepting any part of a charge for services that are not performed.
( d ) All attempts to hold these conspirators accountable have failed thus far However XXXX was instructed by Magistrate Judge to refile warrant application for XXXX XXXX because lack of service of last notice to appear. I am now pleading with the F.B.I., XXXX District Attorney, Georgia Attorney General 's Office to Investigate these bullies.
O.C.G.A. 51-6-1. Right of action for fraud accompanied by damage : Fraud, accompanied by damage to the party defrauded, always gives a right of action to the injured party. The XXXX Family is the only Injured Party and has lost thousands and missing notes, is suffering financially and emotionally, Georgia applies the Impact Rule which permits recovery for negligent infliction of emotional distress only when the conduct causes a direct physical impact on the plaintiff. XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX. The contact may be de minimis and still be sufficient for the plaintiff to recover.
Lindsays lost thousands of dollars in the fraud and shall continue defending our home of 11 CONSECUTIVE YEARS.XXXX XXXX XXXX XXXX AND XXXX XXXX HAVE NO INTEREST IN OUR HOME AND SEEKS ONLY THE UNJUST FINANCIAL GAIN THEY CAN RECEIVE XXXX HAD PRIOR KNOWLEDGE THAT THE PROPERTY IS UNDER AN EXEMPT FROM SALE AND XXXX COURT ORDER IN WHICH HE LITIGATED AND FAILED, IN WHICH HE TRIED TO GET OVERTURNED AND FAILED.SPECIFIC QUESTIONS WERE ASKED BY TWO XXXX COUNTY JUDGES REQUEST TRANSCRIPT OR AUDIO OF CASES AS XXXX XXXX knew XXXX is under bankruptcy before wrongful invalid void foreclosure. Debts discharged with NO OBJECTION FROM XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX OR ANY CREDITOR AT MEETING OF CREDITORS AND NO PRESENTMENT OF A CREDITORS LIEN.
Here are some basic black letter rules, that have been followed for centuries : 1. A holder must possess the original note.
2. Transfer of possession must be authenticated by an affidavit or certification based upon personal knowledge. In writing 3. A party relying upon power of attorney or other document must produce the authenticated original of that document.
4. Using the words as attorney in fact means nothing unless the party is able to produce a witness who, in their own personal knowledge, knows and states that the POA is in writing and has not been revoked.
5. That witness must be able to lay the factual foundation and authentication for introduction of the Power of Attorney or any other such document.
6. Without such foundation and authentication, any testimony or documents proffered by virtue of the POA can not be admitted into evidence and for purposes of the case then, such statements or documents do not exist.
7. A party who claims a legal relationship with another party and who relies upon it for proffering evidence must provide evidence of the legal relationship.
8. A Power of Attorney must be in writing, duly signed and acknowledged as set forth in state statutes. Oral Powers of Attorney can not be used to circumvent the requirement that interests in real property ( including mortgages ) must be in writing.
9. A party seeking to enforce a note must be able to establish, through competent evidence, the location and the previous locations of the note in order to establish possession and the right to enforce, respectively.
10. Certifications must be based upon personal knowledge and
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On or about XX/XX/XXXX, I received XXXX XXXX on my right XXXX to repair XXXX XXXX and XXXX. Shortly thereafter, on or ab out XX/XX/XXXX, I was admitted into the XXXX XXXX XXXX XXXX XXXX after experiencing XXXX related issues. I was placed in the intensive care unit for a number a days and thereafter, released from the hospital. Thereafter, on or about XX/XX/XXXX, I was wrongfully terminated from my place of employment that I held for approximately ten years.
After experiencing three major life-changing experiences and being unemployed, I continued to make my mortgage payments via my personal savings. Thereafter, I requested assistance from then Washington Mutual, which was later purchased by JP Morgan Chase Bank and or Chase Home Financing all to no avail. I was instructed to continue making my mortgage payments and received absolutely no assistance from either bank! Thereafter, I learned that Chase Bank and or Chase Home financing signed a " Servicer Participation Agreement for the Home Affordable Modification Program '' ( " the HARP contract '' ) on XX/XX/XXXX with XXXX XXXX ( see-attached document labeled exhibit A ) on information and belief Chase Home Finance, LLC also signed a HAMP contract with XXXX XXXX on XX/XX/XXXX.
With this newfound knowledge, I demand assistance from JP Morgan Chase Bank and or Chase Home Finance with negative results. Over 95 % of the time I attempted to contact Chase by telephone, I faced long periods of holding time and whenever I attempted to leave a message with their assigned representative, the service providers mailbox would inform me that it was " full '' and can not accept any messages. In addition, Chase routinely gave false statements by stating that my documents were never received, but failed to specify what documents.
Chase Home Finance stated in a letter to Plaintiff, " A review of our records indicates that Chase made numerous, unsuccessful contact attempts in order to try and facilitate a short sale. '' However, Plaintiff taped recordings tells a different story. The recordings shows Chase Home Finance had Plaintiffs correct telephone number, but intentionally and deliberately called the wrong number to prevent Plaintiff from receiving any assistance.
Their criminal practice carried on routinely and I submitted overwhelming documents and taped telephone conversations to prove that Chase Bank intentionally and deliberately failed to assist me. They continuously and repeatedly lied by alleging they did not receive any of the my documents TO AVOID PROVIDING THE ME WITH ANY RELIEF OR APPROVE A SHORT SALE BECAUSE SERVICING THE MORTGAGE WAS MORE LUCRATIVE TO THEM THAN PROVIDING ME WITH ANY RELIEF.
JP Morgan Chase and/or Chase Home Finance are intentionally ignoring a grave fact that I sent the requested documents and they INTENTIONALLY LIED by stating that they never received my documents. As a direct result, I was forced into bankruptcy, my property went into foreclosure and my requests for assistance were denied for alleged insufficient documentation. Although, I have records to disprove their false statements and prove that the documents were sent to the defendants via certified mail RR, express mail, postal mail and facsimile ( Please see attached ).
Chase Home Finance also state in their letter to Plaintiff, " Indications are that the property is fire damaged. '' Plaintiff vehemently disputed defendants false accusations and obtained a letter from the City of XXXX, New Jersey Fire Chief XXXX XXXX. In his letter ( See attached ) to Chief XXXX XXXX, Chief XXXX states that there have been no responses to the property in question during the periods I owned the property. In addition, Plaintiff took numerous photographs of the property, which clearly showed that there is absolutely no evidence of fire damage.
Continuing with their misconduct, Chase called me at my home telephone number and left a message on the evening prior to the short-sale. At XXXX, XXXX XXXX ( phonetic ) of Chase Home Finance called from telephone No. XXXX and left a message on my voicemail stating that the short sale would be declined due to insufficient documentations that were never submitted. Plaintiff sent the documents via certified mail, express mail & facsimile. ( Please see attached receipts ) Beginning in the XXXX of XXXX, the federal government instituted several measures to try to stabilize the housing and credit markets and assist troubled homeowners. In XX/XX/XXXX, the Emergency Economic Stabilization Act of 2008 ( EESA ) was passed to promote stability and liquidity in the financial system. Among other things, EESA authorized the Secretary of the Treasury to establish the Troubled Asset Relief Program ( TARP ). TARP funds were used, in part, to promote various mortgage loan modification programs.
These programs were, The Making Home Affordable ( MHA ) Program, Home Affordable Modification Program ( HAMP ), " The Home Price Decline Protection Incentives ( HPDP ) initiative, The Principal Reduction Alternative ( PRA ), The Home Affordable Unemployment Program ( UP ), The Home Affordable Foreclosure Alternatives Program ( HAFA ), The Second Lien Modification Program ( 2MP ), The FHA-HAMP Program, The Treasury/FHA Second-Lien Program ( FHA2LP ), The FHA Refinance for Borrowers with Negative Equity ( FHA Short Refinance ) Program, Housing Finance Agency Hardest Hit Fund ( HHF ) Despite the voluminous number of programs available, Chase Bank and or Chase Home Finance did not recommend nor offer any of the programs. Instead, they allowed me to go further into debt, foreclosure and then bankruptcy, while defendants continued profiting from servicing Plaintiffs mortgage and receiving credit from the United States Government.
Furthermore, Chase Home Finance states, " Chase did not receive the necessary documents in order to conduct a short sale review. '' Once again, Chase Home Finance intentionally and deliberately gave false statements in order to manipulate their requirements of the signed contract agreement with XXXX XXXX and other signed consent agreements with the United State government and the state of New Jersey. However, the facts will show that Chase Home Finance received their requested documents via express mail, certified mail and facsimile ( see attached documents ).
Chase Home Finance also state in their letter, " Indications are that the property is fire damaged. '' Once again, this is a false statement. Attached hereto is a letter ( See attached document ) from the City of XXXX, New Jersey Fire Chief XXXX XXXX to Fire Official XXXX XXXX. In his letter to Chief XXXX XXXX, Chief XXXX states that there have been no responses to the property in question during the periods I owned the property. More importantly, I have taken numerous photographs of the property, which clearly shows that there is absolutely no evidence of fire damage.
To make it appear as though they made an effort to provide me with relief, Chase Home Finance called me at my home telephone number and left a message on the evening prior to the short-sale. At XXXX, XXXX XXXX ( phonetic ) of Chase Home Finance called me from telephone No. XXXX left a message on my voicemail stating that the short sale would be declined due to insufficient documentations that were never submitted. However, Mrs. XXXX statement that documents were never submitted is contradicted by my attached documents that prove otherwise.
On or about XX/XX/XXXX, the City of XXXX, New Jersey adopted a vacant property registration ordinance in which they began charging fees to register vacant homes ( See attached ). Unbeknownst to me, I paid the City of XXXX {$500.00} for the first initial registration fee, and {$1500.00} for the second registration fee. ( See attached documents ).
On or about XX/XX/XXXX, I responded to City of XXXX, NJ, spoke with Mrs. XXXX XXXX XXXX, and advised her that I could no longer afford to make the vacant property registration payments. Mrs. XXXX advised me to submit my statements in a letter addressed to her and as she requested, the letter was sent to her via priority mail. On or about XX/XX/XXXX, I received an email from a City of XXXX, New Jersey official, XXXX XXXX from the Department of Economic Housing Development Department. Mr. XXXX wrote to enquire about my payment of the vacant property registration fee. ( See attached ) I responded to Mr. XXXX email ( See attached ) and advised Mr. XXXX of the following : Attached hereto is a copy of the letter I sent to your office via priority mail # XXXX dated XX/XX/XXXX. It is in response to a letter from your office dated XX/XX/XXXX. Thereafter, I receive a telephone call from your office stating that Chase Bank is responsible for making the vacant property payments and that I would be receiving a refund. Since then, I have NOT received a refund or call from your office in regards to my refund, except your email in regards to XXXX XXXX XXXX XXXX on or about XX/XX/XXXX.
I am XXXX and CAN NOT afford to make the payments, in addition, Chase Bank REFUSES to liquidate the property and they have refused to make the REQUIRED vacant property payments and somehow, your office is deciding to go after the XXXX person with NO FUNDS and Chase Bank has BILLIONS of dollars and refuses to pay!
Please help/assist me in resolving this matter because I can not afford these payments. In addition, I am anticipating a refund from your office, not a notice to payment with penalties.
Coincidently, Chase Bank released their lien to the property ( XXXX XXXX XXXX XXXX XXXX, NJ ) on or about XX/XX/XXXX, in order to avoid paying the City of XXXX, New Jersey the vacant Property registration fee. Unfortunately, I was not given notice from Chase Bank until AFTER XX/XX/XXXX.
Chase Bank is fully aware they are responsible for making the vacant property registration payment with the City of XXXX, New Jersey, however they intentionally failed to do so. I received numerous tickets on the property and made numerous court appearances because Chase Bank refused to maintain the property.
I filed a complaint with the Consumer Financial Protection Bureau, more succinctly on or about XX/XX/XXXX. ( See attached ) Chase Bank responded with THREE separate letters addressed to me, admitting they owed XXXX XXXX {$2000.00}. We previously agreed to reimburse you {$2000.00} for certain fees based on the receipts you submitted in XX/XX/XXXX. WE WERE RESPONSIBLE FOR ALL REGISTRATION PERIODS UNTIL THE LIEN WAS RELEASED.
Chase Bank requested that I sign a release agreement that did not include any reimbursement for my cost of cleaning up the debris, reimbursement for paid back taxes, reimbursement for travel & cost for several court appearances because Chase Bank refuse to maintain the property or have it secured, nor did the document have a date in which I would be paid for my cost, so I refused because Chase Bank was not negotiating in good faith.
On or about XX/XX/XXXX, I filed a Complaint, alleging various violations of New Jersey 's Consumer Fraud Act ( CFA ), which protects consumers from deceptive, false, or fraudulent business practices because Chase Bank refused to pay. The Complaint alleges that Defendants falsely, erroneously and deceptively, denied Plaintiff any relief with respect to his mortgage loan with the defendants. ( See attached ) Chase Bank responded by lying to the court and denying owing me any monies. ( See attached brief by Chase Bank outside attorneys ) Chase Bank denied owing me the money for the vacant property registration fees and they denied having a responsibility to provide me with any relief with my property DESPITE SIGNING CONSENT AGREEMENTS WITH THE FEDERAL AND STATE GOVERNMENTS STATING THAT THEY WOULD PROVIDE HOMEOWNERS LIKE MYSELF RELIEF! INSTEAD, CHASE BANK CHOSE TO INTENTIONALLY, WILLFULLY & KNOWINGLY LIE IN A SUPERIOR COURT OF NEW JERSEY.
Furthermore, there is no right to a loan modification under New Jersey Law and a servicer can not be compelled to accept a short sale. The crux of Plaintiffs Complaint appears to be loss mitigation. It is well accepted that " there is no right to a loan modification under New Jersey law. '' Plaintiff also claims that Chase should be required to reimburse him for fees he paid to the City of XXXX for Vacant Property Registration and expenses paid to have the Property secured and debris removed. See Complaint, Prayer for Relief 6-7. However, Plaintiff entirely fails to present a cognizant basis as to why Chase should be responsible for these fees.
Furthermore, there is no right to a loan modification under New Jersey Law and a servicer can not be compelled to accept a short sale. The crux of Plaintiffs Complaint appears to be loss mitigation. It is well-accepted that " there is no right to a loan modification under New Jersey law. '' The Banks Unfair, Deceptive, and Unlawful Loan Modification and Loss Mitigation Processes Under the States consumer protection laws, Chase Bank is prohibited from engaging in unfair or deceptive practices with respect to consumers.
Pursuant to HUD regulations and FHA guidance, FHA-approved mortgage lenders and their servicers are required to engage in loss-mitigation efforts to avoid the foreclosure of HUD-insured mortgages. E.g., 24 C.F.R. 203.500 et seq. ; Mortgagee Letter 2008-07 ( Treble Damages for Failure to Engage in Loss Mitigation ) ( XXXX XXXX, XXXX ) ; Mortgagee Letter 1996-25 ( Existing Alternatives to Foreclosure -- Loss Mitigation ) ( XX/XX/XXXX ). Thus, when acting as a servicer, Chase Bank was required to refrain from foreclosing on any FHA insured mortgage where a default could be addressed by modifying the terms of the mortgage or other less-costly alternatives to foreclosure were available.
Under the Treasurys various rescue and stimulus programs, Chase Bank received monetary incentives from the Federal government in exchange for the commitment to make efforts to modify defaulting borrowers residential mortgages. See, e.g., Making Home Affordable Handbook v.1.0, ch. 13 ( Incentive Compensation ) ( XXXX XXXX, XXXX ). Under the programs, Chase Bank agreed to fulfill requirements set forth in program guidelines and servicer participation agreements.
Chase Bank regularly conducts or manages loan modifications on behalf of the entities that hold the loans and mortgages and that hired the Banks as servicers. In the course of their servicing and oversight of mortgage loans, Chase Bank violated federal laws, program requirements and contractual requirements governing loss mitigation.
Chase Bank attorneys statements in the briefs to the Superior Court of New Jersey Plaintiff also claims that Chase should be required to reimburse him for fees he paid to the City of XXXX for Vacant Property Registration and expenses paid to have the Property secured and debris removed. See Complaint, Prayer for Relief 6-7. However, Plaintiff entirely fails to present a cognizant basis as to why Chase should be responsible for these fees.
In no event shall JPMC or XXXX request or require any borrower to execute a waiver of any claims against JPMC or XXXX ( including any agent of JPMC or XXXX ) in connection with any payment or Foreclosure Prevention assistance provided pursuant to paragraphs 3 or 4 of this Order. However, nothing herein shall operate to bar JPMC or XXXX from asserting in the future in any separate litigation, or as part of a settlement related to JPMCs or XXXX XXXX foreclosure and servicing practices, any right that may exist under applicable law to offset the amounts received by a borrower through the distribution process set forth above. Nothing herein shall operate to amend or modify in any respect any preexisting settlement between JPMC, XXXX, or an affiliate of either and a borrower in the In-Scope Borrower Population. By Order of the Board of Governors.
Loss Mitigation Requirements.
SERVICER SHALL BE REQUIRED TO NOTIFY POTENTIALLY ELIGIBLE BORROWERS OF CURRENTLY AVAILABLE LOSS MITIGATION OPTIONS PRIOR TO FORECLOSURE REFERRAL. Upon the timely receipt of a complete loan modification application, Servicer shall evaluate borrowers for all available loan modification options for which they are eligible prior to referring a borrower to foreclosure and shall facilitate the submission and review of loss mitigation applications. The foregoing notwithstanding, Servicer shall have no obligation to solicit borrowers who are in bankruptcy.
Servicer shall offer and facilitate loan modifications for borrowers rather than initiate foreclosure when such loan modifications for which they are eligible are net present value ( NPV ) positive and meet other investor, guarantor, insurer and program requirements.
As indicated in paragraph I.A.18, Servicer shall send a statement to the borrower outlining loss mitigation efforts undertaken with respect to the borrower prior to foreclosure referral. If no loss mitigation efforts were offered or undertaken, Servicer shall state whether it contacted or attempted to contact the borrower and, if applicable, why the borrower was ineligible for a loan modification or other loss mitigation options.
Servicer shall ensure timely and accurate communication of or access to relevant loss mitigation status and changes in status to its foreclosure attorneys, bankruptcy attorneys and foreclosure trustees and, where applicable, to court-mandated mediators.
Single Point of Contact 4. The SPOC SHALL, at a minimum, provide the following services to borrowers : a. Contact borrower and introduce himself/herself as the borrowers SPOC ; b. Explain programs for which the borrower is eligible ; c. Explain the requirements of the programs for which the borrower is eligible ; d. Explain program documentation requirements ; e. Provide basic information about the status of borrowers account, including pending loan modification applications, other loss mitigation alternatives, and foreclosure activity ; f. Notify borrower of missing documents and provide an address or electronic means for submission of documents by borrower in order to complete the loan modification application ; g. Communicate Servicers decision regarding loan modification applications and other loss mitigation alternatives to borrower in writing ; h. Assist the borrower in pursuing alternative non-foreclosure options upon denial of a loan modification ; i. If a loan modification is approved, call borrower to explain the program ; j. Provide information regarding credit counseling where necessary ; k. Help to clear for borrower any internal processing requirements ; and l. Have access to individuals with the ability to stop foreclosure proceedings when necessary to comply with the MHA Program or this Agreement.
The SPOC shall remain assigned to borrowers account and available to borrower until such time as Servicer determines in good faith that all loss mitigation options have been exhausted, borrowers account becomes current or, in the case of a borrower in bankruptcy, the borrower has exhausted all loss mitigation options for which the borrower is potentially eligible and has applied.
Servicer shall ensure that a SPOC can refer and transfer a borrower to an appropriate supervisor upon request of the borrower.
Servicer shall ensure that relevant records relating to borrowers account are promptly available to the borrowers SPOC, so that the SPOC can timely, adequately and accurately inform the borrower of the current status of loss mitigation, loan modification, and foreclosure activities.
Servicer shall designate one or more management level employees to be the primary contact for the Attorneys General, state financial regulators, the Executive Office of U.S. Trustee, each regional office of the U.S. Trustee, and federal regulators for communication regarding complaints and inquiries from individual borrowers who are in default and/or have applied for loan modifications. Servicer shall provide a written acknowledgment to all such inquiries within 10 business days. Servicer shall provide a substantive written response to all such inquiries within 30 days. Servicer shall provide relevant loan information to borrower and to Attorneys General, state financial regulators, federal regulators, the Executive Office of the U.S. Trustee, and each U.S. Trustee upon written request and if properly authorized. A written complaint filed by a borrower and forwarded by a state attorney general or financial regulatory agency to Servicer shall be deemed to have proper authorization.
Servicer shall establish and make available to Chapter XXXX trustees a toll-free number staffed by persons trained in bankruptcy to respond to inquiries from Chapter XXXX trustees.
Servicer shall consider partnering with third parties, including national chain retailers, and shall consider the use of select bank branches affiliated with Servicer, to set up programs to allow borrowers to copy, fax, scan, transmit by overnight delivery, or mail or email documents to Servicer free of charge.
Development of Loan Portals.
1. Servicer shall develop or contract with a third-party vendor to develop an online portal linked to Servicers primary servicing system where borrowers can check, at no cost, the status of their first lien loan modifications.
2. Servicer shall design portals that may, among other things : a. Enable borrowers to submit documents electronically ; b. Provide an electronic receipt for any documents submitted ; Provide information and eligibility factors for proprietary loan modification and other loss mitigation programs ; and c. Permit Servicer to communicate with borrowers to satisfy any written communications required to be provided by Servicer, if borrowers submit documents electronically.
3. Servicer shall participate in the development and implementation of a neutral, nationwide loan portal system linked to Servicers primary servicing system, such as Hope LoanPort to enhance communications with housing counselors, including using the technology used for the Borrower Portal, and containing similar features to the Borrower Portal.
4. Servicer shall update the status of each pending loan modification on these portals at least every 10 business days and ensure that each portal is updated on such a schedule as to maintain consistency.
Loan Modification Timelines.
1. Servicer shall provide written acknowledgement of the receipt of documentation submitted by the borrower in connection with a first lien loan modification application within 3 business days. In its initial acknowledgment, Servicer shall briefly describe the loan modification process and identify deadlines and expiration dates for submitted documents.
2. Servicer shall notify borrower of any known deficiency in borrowers initial submission of information, no later than 5 business days after receipt, including any missing information or documentation required for the loan modification to be considered complete.
3. Subject to section IV.B, Servicer shall afford borrower 30 days from the date of Servicers notification of any missing information or documentation to supplement borrowers submission of information prior to making a determination on whether or not to grant an initial loan modification.
4. Servicer shall review the complete first lien loan modification application submitted by borrower and shall determine the disposition of borrowers trial or preliminary loan modification request no later than 30 days after receipt of the complete loan modification application, absent compelling circumstances beyond Servicers control.
5. Servicer shall implement processes to ensure that second lien loan modification requests are evaluated on a timely basis. When a borrower qualifies for a second lien loan modification after a first lien loan modification in accordance with Section 2.c.i of the General Framework for Consumer Relief Provisions, the Servicer of the second lien loan shall ( absent compelling circumstances beyond Servicers control ) send loan modification documents to borrower no later than 45 days after the Servicer receives official notification of the successful completion of the related first lien loan modification and the essential terms.
6. For all proprietary first lien loan modification programs, Servicer shall allow properly borrower financials to be used for 90 days from the date the documents are received, unless Servicer learns that there has been a material change in circumstances or unless investor requirements mandate a shorter time frame.
Independent Evaluation of First Lien Loan Modification Denials.
Except when evaluated as provided in paragraphs IV.B.8 or IV.B.9, Servicers initial denial of an eligible borrowers request for first lien loan modification following the submission of a complete loan modification application shall be subject to an independent evaluation. Such evaluation shall be performed by an independent entity or a different employee who has not been involved with the particular loan modification.
Servicer shall not, in the ordinary course, require a borrower to waive or release claims and defenses as a condition of approval for a loan modification program or other loss mitigation relief. However, nothing herein shall preclude Servicer from requiring a waiver or release of claims and defenses with respect to a loan modification offered in connection with the resolution of a contested claim, when the borrower would not otherwise be qualified for the loan modification under existing Servicer programs.
Short Sales 1. Servicer shall make publicly available information on general requirements for the short sale process.
2. Servicer shall consider appropriate monetary incentives to underwater borrowers to facilitate short sale options.
3. Servicer shall develop a cooperative short sale process, which allows the borrower the opportunity to engage with Servicer to pursue a short sale evaluation prior to putting home on the market.
4. Servicer shall send written confirmation of the borrowers first request for a short sale to the borrower or his or her agent within 10 business days of receipt of the request and proper written authorization from the borrower allowing Servicer to communicate with the borrowers agent. The confirmation shall include basic information about the short sale process and Servicers requirements, and will state clearly and conspicuously that the Servicer may demand a deficiency payment if such deficiency claim is permitted by applicable law.
5. Servicer shall send borrower at borrowers address of record or to borrowers agent timely written notice of any missing required documents for consideration of short sale within 30 days of receiving borrowers request for a short sale.
6. Servicer shall review the short sale request submitted by borrower and communicate the disposition of borrowers request no later than 30 days after receipt of all required information and third-party consents.
7. If the short sale request is accepted, Servicer shall contemporaneously notify the borrower whether Servicer or investor will demand a deficiency payment or related cash contribution and the approximate amount of that deficiency, if such deficiency obligation is permitted by applicable law. If the short sale request is denied, Servicer shall provide reasons for the denial in the written notice. If Servicer waives a deficiency claim, it shall not sell or transfer such claim to a third-party debt collector or debt buyer for collection.
Servicer shall develop and implement policies and procedures to ensure that REO properties do not become blighted.
E. Potential Violations and Right to Cure 1. A Potential Violation of this Consent Judgment occurs if the Servicer has exceeded the Threshold Error Rate set for a Metric in a given Quarter. In the event of a Potential Violation, Servicer shall meet and confer with the Monitoring Committee within 15 days of the Quarterly Report or Monitor Report indicating such Potential Violation.
2. Servicer shall have a right to cure any Potential Violation.
3. Subject to Section E.4, a Potential Violation is cured if ( a ) a corrective action plan approved by the Monitor ( the Corrective Action Plan ) is determined by the Monitor to have been satisfactorily completed in accordance with the terms thereof ; and ( b ) a Quarterly Report covering the Cure Period reflects that the Threshold Error Rate has not been exceeded with respect to the same Metric and the Monitor confirms the accuracy of said report using his or her ordinary testing procedures. The Cure Period shall be the first full quarter after completion of the Corrective Action Plan or, if the completion of the Corrective Action Plan occurs within the first month of a Quarter and if the Monitor determines that there is sufficient time remaining, the period between completion of the Corrective Action Plan and the end of that Quarter.
4. If after Servicer cures a Potential Violation pursuant to the previous section, another violation occurs with respect to the same Metric, then the second Potential Violation shall immediately constitute an uncured violation for purposes of Section J.3, provided, however, that such second Potential Violation occurs in either the Cure Period or the quarter immediately following the Cure Period.
5. In addition to the Servicers obligation to cure a Potential Violation through the Corrective Action Plan, Servicer must remediate any material harm to particular borrowers identified through work conducted under the Work Plan. In the event that a Servicer has a Potential Violation that so far exceeds the Threshold Error Rate for a metric that the Monitor concludes that the error is widespread, Servicer shall, under the supervision of the Monitor, identify other borrowers who may have been harmed by such noncompliance and remediate all such harms to the extent that the harm has not been otherwise remediated.
In conclusion, Chase Bank and or Chase Home Finance has breached their contract with me, violated the terms of their various signed consent decrees with the United States and state governments and intentionally drove me into foreclosure and bankruptcy because it was more lucrative for me to fail than to provide me with any relief.
JP Morgan Chase Bank sent me THREE SEPARATE letters admitting that they owe me the money for the vacant property registration and refuse to reimburse me for the back taxes, clean up & multiple court appearances. Thereafter, they hired outside attorneys to lie for them in the Superior Court of New Jersey and state that they do not owe me any money for vacant property fees and they do not have to reimburse me for any of my cost and expense. JP Morgan Chase Bank auctions are criminal!
I believe I have provided overwhelming documents that proves ; Chase Bank received ALL of my requested documents and they intentionally lied and ignored my repeated request for assistance because they knew they were going to be compensated by servicing the loan AND receiving credits from the federal government.
I am requesting full reimbursement and to be made whole for the following reason : 1. Full reimbursement for vacant property fees 2. Full reimbursement for paid taxes/back taxes 3. Full reimbursement for court appearances and parking 4. Pain & Suffering 5 Intentional infliction of emotional distress 6. Negligent infliction of emotional distress 7. Committing malice in their wrongful conduct 8. Breach of Contract 9. Lost of Property
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| 12/08/2022 |
Yes |
- Money transfer, virtual currency, or money service
- Virtual currency
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Web |
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Consumer Protection Financial Bureau (CFPB)
1700 G Street NW Washington, D.C. 20038 United States
This is to complain against the Truist Financial Corporation
URGENCY: HIGH IMPORTANCE: HIGH
[WITHOUT PREJUDICE]
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX, XXXX I wish to practice my right as a customer of Truist Financial Corporation to use your organisation's service, seeking a formal, impartial investigation to amicably settle my dispute XXXX XXXX XXXX with Truist Financial Corporation.
In order to clear up the myriad of letters and correspondences I have hitherto sent to Truist Financial Corporation respecting my complaint, I believe it will substantially strengthen both my case and your understanding, by taking a deeper look at the happenings of my case and analysing the relevant facts in an objective and comprehensive fashion.
It is crucial to note that I have been manipulated, socially engineered, and coerced to engage these fraudulent criminals. Much to my embarrassment, I recognize that I am the victim of an investment scam.
My complaint to the CFPB has arisen as I do not consider, by any stretch of the imagination, the conduct of Truist Financial Corporation to be commensurate with their legal role and responsibility to their customers. They sell a service to look after their customers, protect their money, and are a financial institution that maintains a traditional relationship and way of working with its customers.
During the complaints process with Truist Financial Corporation, I found their communication ineffective, which further hides their conduct from management and diminishes the service offered to their clients. They are struggling to adapt their business offering in the ever-changing world of IT development. The internet is presenting a real problem that they choose to manage in a way that is not in line with the rules and regulations of CFPB as well as their own internal policy and procedures sold to their clients.
General Obligation:
Commencing on or around XXXX XXXX XXXX, I fell victim to a multi-layered scam operation run by XXXX which involved me making deposits for a total amount of XXXX XXXX from my Truist Financial account to fraudulent investment firm.
When determining whats reasonable and fair, we should focus on the issue of liability; common queries include, but are not limited to, the following (i) whether Truist Financial Corporation did not take notice of any rule, law, or regulation, and/or possibly missed any material elements of the relevant bylaws or codes of conduct, that may have prevented them from protecting my financial safety; (ii) whether by virtue of Truist Financial Corporations custodianship over my funds or by its control over them, they owed a fiduciary duty to the me and if so, whether that duty was breached; (iii) whether Truist Financial Corporation promoted the transaction(s) in question despite being aware of the nature of the transaction(s) in question (iv) whether Truist Financial Corporation was in compliance with its own policies and procedures; (v) whether Truist Financial Corporation owed duties to myself, what the scope of those duties was, and whether Truist Financial Corporation did not uphold those duties; (vi) whether Truist Financial Corporations conduct was unfair; and (vii) whether Truist Financial Corporation has within its power the ability to, and should, compensate me for the harm that has befallen me.
Upon identification of such unusual or suspicious activity, it is crucial that the relevant staff member adequately describe the factors making an activity or transaction suspicious, thoroughly depict the extent and nature of this activity, and properly communicate to the customer that such activity meets the relevant criteria of fraud.
In providing its services to a customer, a financial institution is required by law to exercise the care and skill of a diligent, prudent banker. In this case, this means that the payment service provider should not turn a blind eye to known facts pointing to a real possibility that their customer is being scammed. In other words, Truist Financial Corporation must have had special knowledge of what was occurring or been alerted to a real possibility of fraud taking place. The financial institution must have known or reasonably ought to have known that I was dealing with a scammer.
Granted, there is room for diversity of view insofar as reasonableness is concerned. Indeed, there is a sense in which the standard of care of the reasonable person involves in its application a subjective element.
However, it must be remembered that the correct test is always reasonable care in all circumstances, not average care. The fact that most people behave in a certain way may be good evidence that the conduct is reasonable, but this is not necessarily the case. Although reasonableness is a very fluid concept, all of the evidence suggests that Truist Financial Corporation did not foresee the fraud and disregarded even the most obvious dangers in this respect.
Situations do tend to repeat themselves and it is advisable to examine previous outcomes to see how the standard of the reasonable person should be applied, and that lessons can be learned from the errors of the past.
Truist Financial Corporations Position:
On XXXX XXXX XXXX Truist Financial Corporation wrote in a letter: Based on our investigation, Truist denies your claim for reimbursement because our investigation reveals the activity/transaction(s) was authorized.
On XXXX XXXX XXXX, Truist Financial Corporation wrote in a letter: You have advised that you were a victim of fraud... The information was keyed according to the Outgoing Wire Transfer Request Agreement, which you confirmed and signed.
Refuting Truist Financial Corporations arguments from a purely logical perspective:
Truist Financial Corporations position is that the features of the situation at hand do not generate a genuine obligation to protect innocent and helpless victims; they are essentially arguing that common-sense-based approaches are doomed to fail, leaving their exclusively technical account of the subject matter as the only meaningful choice. For reasons which are unclear, this extremely serious situation barely gets the attention it deserves even though ample evidence has been offered in support of this complaint.
In Truist Financial Corporations view, it is implied that we should not home in (and consequently rely on) unwritten laws, practicality, good judgment, reasonableness, sharpness, sensibleness, past outcomes, and insight when taking appropriate precautions. To underscore, once again, such views are at odds with common sense and are wildly irresponsible.
Imagine a view according to which the one and only thing that can make Truist Financial Corporation morally obligated to do something is having it written down somewhere. Pursuant to this view, if Truist Financial Corporation encounters the suffering of totally naive victims, they are only obligated to intervene in or remedy the situation, to the degree required by written material. This is unbecoming for a reputable establishment such as Truist Financial Corporation.
I have reviewed the material hereto sent by Truist Financial Corporation carefully, and it, unfortunately, provides no response to my fundamental argument concerning the degree of care. Given its size, influence, and the resources at its disposal, this establishment clearly had a far greater capacity than an individual such as myself had, to determine the level and likelihood of risk that a client such as myself is subjected to and had a duty to intervene as they now do to query in particular out-of-pattern transactions of this kind.
It is perfectly obvious that Truist Financial Corporation, inadvertently, employs a subtle approach in addressing some of the key questions in a manner that neither provides me with adequate support nor protects anything other than its own interests.
It is Truist Financial Corporation here, who has the burden of proof, to show that it has exercised the duty of care, that is to say, that Truist Financial Corporation adhered to a standard of reasonable care in relation to the matter at issue given its extensive experience compared to mine. It is Truist Financial Corporation that claims that the damages which I have suffered in connection to this matter have not been reasonably foreseeable and that my proposed degree of care is not, and has not been, commensurate with Truist Financial Corporations capacity, experience, expertise, or scope of services in any way. To re-emphasize, Truist Financial Corporations indisputable overriding purpose is by no means to purely execute transactions in a blind and blank fashion, but rather to strike a balance between executing those transactions
and capitalizing on its undeniably vast capabilities to protect consumers thereby enhancing market integrity.
Apropos of the fluidity of the concept of reasonableness, all Truist Financial Corporation has done in this regard is set up a dichotomy of having or not having the legal obligation under consideration, however, that does not go one-inch toward explaining why various regulatory authorities, has maintained that financial institutions can, and should, protect consumers using their systems, advanced technologies, and rich experience.
Truist Financial Corporation is obliged to take some action if it is sufficiently aware of a real possibility that fraud may be being perpetuated. If you don't question its customers instructions or raise the possibility of a scam with the customer in these circumstances, it may be liable if the red flags indicate the customer is:
particularly vulnerable, or
if the possibility of fraud was serious or real, not just suspected.
There are some recommendations to organizations for protecting customers from financial harm that might occur as a result of fraud or financial abuse; and gives guidance on how to recognize customers who might be at risk, how to assess the potential risks to the individual and how to take the necessary actions to prevent or minimize financial harm.
These recommendations are established as a general principle, the organization should deliver a service that:
1) Takes a proactive approach to minimizing risks, impact, and incidences of financial harm and it sets out systems and tools for the prevention and detection of fraud and financial abuse. As a general point, it says organizations should ensure that all systems are developed using technologies and methodologies that are effective in the prevention of fraud and financial abuse, through authorized and unauthorized payments, thereby minimizing the risk of financial harm to customers. Regarding the detection of fraud and financial abuse, it says the organization:
A) should have measures in place across all payment channels and products to detect suspicious transactions or activities that might indicate fraud or financial abuse. It then lists the following examples of suspicious activity on customer accounts:
a. multiple chequebooks;
b. sudden increased spending;
c. transfers to other accounts;
d. multiple password attempts;
e. logins from new devices, multiple geographical locations;
f. sudden changes to the operation of the account; Unusual transactions are transactions whose amount, characteristics and frequency bear no relation
to the economic activity of the customer, exceed normal market parameters or have no apparent legal justification.
g. a withdrawal or payment for a large amount;
h. a payment or series of payments to a new payee;
i. financial activity that matches a known method of fraud or financial abuse.
B) organizations should have a process in place to ensure that staff makes contact with the customer to verify the financial activity, challenge its authenticity, explain the nature of the suspected or detected fraud, and discuss an appropriate plan of action.
Truist Financial Corporation is yet to show, or otherwise provide me with, a compelling argument that their wide-ranging experience and wealth of specialist knowledge in detecting transactional anomalies were not sufficient to avert the fraud at issue. By contrast, I have provided a multitude of sound and powerful reasons by which requiring their involvement has not only been pressingly relevant but also eminently reasonable and well-justified.
Rather than empathizing with and undertaking substantial efforts to convey their knowledge of the existence of such regulations abroad and thereafter use it to protect and proactively relieve the plight of consumers who have been cheated out of their money and whose role in society is properly fulfilled, positively contributing to local economic growth, development, and sustainability Truist Financial Corporation adopts a rather insouciant attitude toward my financial predicament portrayed herein.
I am deeply convinced that the disastrous results that I have previously elaborated upon will continue to ensue if no responsibility is adopted by Truist Financial Corporation in relation to this matter. I have also thoroughly detailed why they cannot simply dismiss this problem by strictly adhering to legal technicalities which, after careful reflection, struck me as being nothing more than self-interest. Indeed, it seems to me utterly unfair to disregard fragile, sensitive, and vulnerable consumers who are afflicted by such allegedly malevolent acts, thereby keeping an unjust status quo that is corrupting our society at its core.
Conclusion:
Based on my analysis, and as confirmed by various authorities concerned with such matters, there is abundant evidence that forward-thinking financial institutions ought to take reasonable steps to forestall fraud, or at least mitigate its risk by using an effective risk management system, demonstrating their undisputed ability to responsibly and pre-emptively respond to questionable transactions in the digital arena. The use of such systems, largely based on newly adopted technologies aimed at effectively navigating the evolving threat landscape, is only one of a number of possible endeavors undertaken in this connection, alongside the application of past knowledge and experience related to popular fraudulent practices.
Astonishingly, I am pondering how it is that, despite being shown that Truist Financial Corporations business conduct was insufficient insofar as background checks are concerned, they keep refuting their indisputable role and responsibility in connection with the matter herein discussed. The points that I have hitherto made are too crucial to be taken lightly. Truist Financial Corporations non-observance of the fundamental principles of justice that is, to completely overlook and not even remotely try to mitigate the suffering of vulnerable
consumers is inexcusable given the size of the establishment and the vast resources at its disposal as the direct result of the patronage of clients like myself.
If it was, indeed, solely my responsibility, we must then believe at least one of the following clauses: a) financial institutions have absolutely no role whatsoever in preventing and detecting fraud, b) the fraud in question was not reasonably foreseeable, or c) the transactions in question were not sufficiently alarming. It is extremely unfortunate that Truist Financial Corporation pushes quite hard for me to believe all three of these thingsdespite evidence to the contrary.
In summary, I respectfully ask your organization to consider my points, given your personal and companywide obligation to provide a fair and reasonable investigation into the complaint.
I look forward to your input and would gladly cooperate to reach a fair and reasonable outcome. Thank you.
XXXX XXXX THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
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XXXX XXXX XXXX
Truist Financial XXXX XXXX XXXX XXXX XXXX, NC
Re: Demand Letter
Attn: Claims/Fraud Dept. Dear Sir/Madam,
For negotiation purposes only, without effect as to any and all rights
The goal of this letter is twofold: first, it aims to establish that a duty of care has been breached, inasmuch as you have failed to perform adequate due diligence and/or have not acted in a reasonable and prudent manner to prevent foreseeable substantial damages that I have suffered as a result of a fraud [1]. Second, it shall serve as a formal written demand for reimbursement based on the aforementioned grounds, among others.
A comprehensive analysis of fraud prevention suggests that by processing atypical, non-routine transactions, and/or by being aware of other fraudulent schemes similar to the one alleged herein and/or ignorance of obvious warning signs of fraud, you have engaged in, is a pattern or a practice of wrongful and negligent conduct which has enabled the commission of a fraud that resulted in my financial and psychological damages. The facts and details concerning the actions in question are set forth hereunder.
OVERVIEW
Commencing on or about XXXX XXXX XXXX, I fell victim to a multilayered scam operation orchestrated by XXXX (the Company), with the design, development, manufacture, promoting, marketing, distribution, labeling, and/or sale of illegal and outright fraudulent investment services," all of which aim at contributing to the goal of robbing and defrauding clients, through a predetermined cycle of client losses to gains.
Money was transferred from my account via bank wire, credit card, debit card and through intermediaries named "XXXX XXXX in the total amount of XXXX XXXX utilizing your services.
1 FCA: A more effective approach to combatting financial crime (XXXX XXXX XXXX) 1
Page 2 of XXXX XXXX XXXX XXXX
Additionally, it is vital that you will immediately take all actions within your power to remedy the situation, whether by raising chargeback and recall in respect of the transactions in question or reimburse me and credit my account, for the full amount of these payments, in the total amount of XXXXusd!
This letter shall thrust into the spotlight, inter alia, the increasingly important role financial institutions play in the fight against financial crime and fraud, and the pressing need for higher levels of supervision and vigilance within your organization.
Had you looked at the wider circumstances surrounding the above-referenced transactions, this illicit transfer of wealth could have been prevented.
Executing transactions without proper authority is not only a severe regulatory offense but also an irresponsible and reckless disregard of the customers financial safety.
Against this background, and without derogating any of my rights, I hereby hold you liable for financial and emotional harm, and insist that you reimburse my account in full within 14 days from the date of this letter.
INTRODUCTION
Financial crimes and fraud investigations often involve a high degree of sophistication, complexity, and sensitiveness to detail. Accordingly, this letter aims to address the issue at hand as profoundly and fairly as possible, by taking into consideration contextual regulations, laws, and bylaws, as well as guidance, standards and rules promoted by supervisory authorities, relevant codes of practice and (where suitable) what was good industry practice (GIP) at all times relevant hereto. The allegations contained herein are predicated either upon knowledge with respect to myself and my own experience, or upon facts obtained through investigations conducted by qualified third parties. I strongly believe that substantive evidence in support of the allegations set forth herein will be found after an appropriate opportunity for discovery. Key facts supporting the allegations contained herein are known only to the Company and/or are exclusively within their control.
The Company cleverly orchestrated a prevalent scheme of deception to lead people to invest significant sums while knowing that those would-be investors would ultimately lose the money that they had entrusted to it. The overall purpose of the scheme, in other words, was to target and defraud people who are often inexperienced and naive, in pursuit of illicit wealth through various fraudulent representations.
I did not know, and through the exercise of reasonable diligence could not have discovered the fraud that was being perpetrated upon me by the Company. Fraud is commonly conceptualized as
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withholding from the weaker party in a financial transaction (e.g., an investor) information which is necessary to make an informed, rational or autonomous decision.
In this regard, even access to adequate information is insufficient to achieve complete autonomy. A complication here is that the weaker party, amateur/unseasoned investors in particular, might have trouble analyzing the data at hand sufficiently well to identify fraudulent schemes. Unfortunately, because financial products are often abstract and complex, theres no easy solution to this problem. Therefore, full autonomy of investors might not only require access to sufficient information, but also access to relevant technologies, know-how, processing capabilities, and resources to analyze the information. A reasonable solution is that financial institutions would be required to promote transparent communication in which they track the understanding of their customers.
The false representations and omissions made by the Company have a tendency or capacity to deceive consumers, such as myself, into unwittingly providing funds that fueled the Companys fraudulent scheme and therefore by their nature are jointly immoral, unethical, oppressive, unscrupulous, and substantially injurious to consumers.
As a result of the Companys deceptive trade practices, I was deceived into transferring my funds for investment returns that were never delivered. I will certainly never receive any monetary value for the investments considering the way the Company had their scheme rigged thus causing significant economic damage to me. The false statements of material facts and omissions; and the fraudulent transactions the Company perpetrated were unfair, unconscionable, and deceptive practices perpetrated which would have likely deceived any reasonable person under the circumstances.
MERCHANTS FRAUD SCHEME ALLEGATIONS
The Company hired, managed and trained personnel, and collaborated with others as accomplices to their crimes to induce fraud that resulted in my financial and psychological damages. These include, but are not limited to, the following allegations, all of which involve criminal, non-regulated, and malicious activities:
1. The Company directed and instructed others to work from shell companies that were operating from various unassociated locations across the globe.
2. The Company opened bank accounts and crypto currency wallets in multiple countries and used them through their accomplices from around the world to conceal and disguise the identity of illegally obtained proceeds so that they appear to have originated through
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legitimate sources.
3. The Company intentionally committed fraudulent misrepresentation, and falsified its agent
names, credentials, competencies, qualifications and location. The Companys name is merely a brand name, officially owned by shell corporations located offshore. In reality, the entire operation is being conducted from elsewhere (supposed location is evidently fictitious), and furthermore, the call center, marketing, and decision making, are all being performed by completely anonymous and hidden entities. Concealing true identities and utilizing front companies as a vehicle for a wide spectrum of financial maneuvers, is a notorious practice of criminal organizations.
4. The Company has blatantly violated international laws, as it has been practicing without a license and funneling enormous sums of money, through countries and jurisdictions that require registration to operate.
5. The Company provided direct investment advice - not utilizing 3rd party recommendations (e.g., according to XXXX XXXX)
6. The Company offered investment services/advice not related to real market/exchange data (e.g.: the manufacture of false charts). The trading platform was purposely manipulated, in a way that each client would ineluctably and unknowingly lose money, as the existence of the trades was fabricated. Instead, the Companys staff and its accomplices simply pocketed the money, using it to purchase various luxurious, non- essential items.
7. The Company prohibited my ability to withdraw my funds.
8. The Company was guaranteeing unrealistic returns/yields.
9. The Company furnished me with bonuses - which are not allowed to be given.
10. The Company was trading on my behalf (use of remote control of my computer).
11. My money was not held in a segregated account.
12. The Company did not advertise/disclose/was not transparent regarding the statistical data
representing the percentage of total client losses at the company.
13. The Company did not mention the commission and overnight swaps.
14. The Company did not read me the risk disclosure prior to my deposit(s).
15. The Company used high pressure tactics and outbursts, which took a severe toll on my
health.
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Armed with my personal details, the Companys staff seduced me, until I transferred all my savings to them. They utilized their knowledge of my cultural context, which stressed square and honorable business dealings along with honesty, to maliciously take advantage of my trusting nature.
Please take notice that my funds were transferred through means of coercion and under false pretenses.
Attached, please find supportive statements, screenshots and further evidence.
EXPOSING YOUR ORGANIZATIONS MISCONDUCT
I hereby allege that your organization has breached the duty of care that is owed by a financial institution to its clients in circumstances where there are reasonable grounds to suspect that the sole purpose of a payment instruction is to defraud the client. Under such circumstances, you are obliged to refrain from executing the payment instruction until you have been able to conclude that there is a legitimate basis for the instruction. Once the duty is engaged, the duty takes priority over the usual obligation of a financial institution to execute customer instructions promptly. The duty in question is often referred to as the XXXX XXXX well established in the case of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX).
The XXXX XXXX requires financial institutions to take reasonable care and skill when executing the instructions of a client. It is recognized as authoritative by leading academic texts [2]. The duty arises in cases where it can be argued that an ordinary prudent staff member of a financial institution would have a reasonable basis for suspicion that a particular payment instruction would result in the misappropriation of the funds of the client."
When the duty does arise, it can be discharged simply by refraining from executing the instruction unless and until such time as the financial institution is able to establish that the instruction relates to a lawful obligation. The financial institution should seek further information and/or documentation from the client in order to help establish this.
Based on the above, and after conducting a comprehensive review of our communication/interactions, it has become glaringly obvious to me that at best, no adequate
2 (XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX)
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information and/or documentation were sought by your organization, and at worst, no appropriate safeguards were implemented.
If a financial institution executed a customers order to transfer money knowing it to be dishonestly given, shutting its eyes to the obvious fact of the dishonesty or acting recklessly in failing to make such inquiries as an honest and reasonable individual would make," it would be in breach of its duty of care, even if the payment instruction is made in accordance with the terms of the mandate and the bank is liable for negligence resulting in damages.
Compliance departments should ensure that staff members understand the legal requirements and that where there are suspicions, these suspicions must be communicated to all relevant personnel whilst being investigated.
For the avoidance of doubt, reasonable grounds should not necessarily be interpreted as proof. On the basis of various signs, you should have assumed that something suspicious was going on and suspended transactions until reasonable enquiries could be made to verify that the transactions were properly executed. In other words, I am a victim of your negligence for facilitating the misappropriation of funds, and doing little to safeguard public financial interests. Any reasonable banker would have realized that there were many obvious, even glaring, signs that I am a fraud victim. (XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX [3].
A financial institution would never be as reckless with its own assets as has been the case with my assets, and if you had treated my assets as though they were your own, this would not have been made possible. The debits made from my account should be reversed as a result of your failure to take proactive measures to protect it, just as you would do if your own assets were in a similar state of peril. It is also libelous/defamatory to make false statements about an individual that adversely affects their credit rating.
When discussing the responsibilities that a bank might incur, it is crucial not to forget the fact that a legitimate complaint by, or cause of action on the part of a client might generate/give rise to further statutory cause of action and/or additional liabilities beholden by a financial institution to the relevant regulatory authority. Obligations/duties beholden by a bank to a regulator are distinct from those beholden to the customer. Moreover, you may be liable to more than one regulatoXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX More often than not, such legal duties spring from the very facts that gave rise to the liabilities to your clients in the first place. Similarly, to the foregoing, I may also have a cause of action against you for breach of mandate as you have negligently transferred my funds without proper enquiry.
Instead, you should have been working hard with Artificial Intelligence [4] / Big data technologies to discover automated and effective ways not only to detect fraud but also to prevent it. Furthermore, the tremendous amount of data you possess is by no means self-evident let alone to be overlooked, hence by not utilizing it systematically and effectively to pinpoint irregular and suspicious activities you are misleading your customers, who have taken the leap of faith and placed trust and confidence in your honesty, authority, and competence. A plausible assumption here would be that the pattern of the above-mentioned transactions was sufficiently suspicious that it should have been flagged and blocked by your staff, even if you have never encountered similar situations.
Practically speaking, effective steps to prevent bad actors from taking advantage of future victims (or at least to minimize this possibility) are abundant:
The use of automated and human review of
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| 08/31/2020 |
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- Vehicle loan or lease
- Loan
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- Getting a loan or lease
- Fraudulent loan
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Web |
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PLEASE REFER TO THE FULL DETAILS WRITTEN WITHIN 1-65 PAGES PDF INCLUDED THIS WILL BETTER EXPLAIN WITH FULL LENGTH DETAIL.
Hi my names XXXX XXXX and I wanted to first thank you for your time, consideration, and care over my list of valid complaints and regulatory/law violations that I now have unrefutable proof to support my claims in and of their entirety. I also would like to apologize for any ranting ahead of time seeing as how I am still trailing a severely excrutiating amount of frustration, disgust, and disgruntlement over the way I have been mistreated and uncared for by Carvana, XXXX in house lender with carvana, and their warantee company XXXX XXXX. So much so that it is absolutely disappointing/disgusting at best, and highly unethical, illegal, and potentially even criminal at worst given my valid plethora of proof and takeaways thru my experience with doing business with Carvana, XXXX, XXXX XXXX, and its representatives. My complaints surround mainly Carvana LLC, but also its in house lender XXXX, and its affiliate XXXX XXXX handling their XXXX XXXX, and the many lending laws companys like Carvana LLC and its in house lender are bound to follow and ensure proper escallation guidelines are in place and exhausted to properly document, resolve, and/or to prevent overt impacts being brought onto their clients. These Laws and regulations violations I am claiming Carvana clearly, intentionally, and severely violated without a doubt being UDAAP Unfair Deceptive Acts and Practices, Truth in Lending laws/regulations, Consumer Financial Protection Act and Dodd-Frank Act, Equal Credit Opportunity Act ECOA, and AZ Lemon Laws. To start I will explain from the beginning to paint the best picture in which i have supplied all dates within my communications, pictures, contracts, original sales page, 150 pt inspection list, car fax, and the many more files included in my large pdf compiled. I also have the recording of the over the phone conversation XXXX had with me clearly stating the negative input of the XXXX mechanic given the vehicles current state and expected future, highly expensive, major unaddressed complications to expect thereof especially with the type of problems incurred now occurring so early in the vehicles life at this time per XXXX XXXX mechanic inspection. Repairs so far known as immediately needed are a new radiator fan and new AC Compressor for clarity. XXXX mechanics also agree that this vehicle is and was sold to me as one heck of a Lemon for lack of better phrasing per the mechanics way of putting it into terms. Non the less I will explain to the fullest and in its entirety regarding the situation and the nature of the specific violations they have committed within carvana LLC, XXXX, and in connnection XXXX XXXX negligenty and intentionally without a care of the harm and/or hazards brought and done onto me, my family ( wife and daughter XXXX years old ) and onto others alike with potentially lower than perfect credit many of whom share similar experiences as my own per online reviews and social media posts discovered. Whereas I am not in a position to fight the complaints of others, but I'm led to believe out of the actions and carelessness willfully taken by and exhausted by Carvana, XXXX, XXXX XXXX, and their employees in additon to the experiences Ive had and documentation thereof to support such complaints that Carvana, XXXX, and XXXX XXXX may be conspiring to commit CONSUMER FRAUD on a grand scale to do the same if not similar acts to impact the masses of less than perfect credit customers and in doing so leaving an overbearing burden on their clients and other local businesses sharing similar market interests. Mind you I am now outside of the 7 day return period and even with a slight 2 day extension granted as a result of the vehicles pre existing mechanical issues which took me to XXXX XXXX XXXX and my vehicle is still in the shop without the greenlight from XXXX XXXX XXXX to approve the work to be started. Now the vehicle has been in the shop for a severly unreasonable amount of time since monday XXXX after sitting in the parking lot unmoved all weekend at my apartments since pickup Saturday XXXX and I only got to test drive it home approx 15 miles only to discover the overheating issue while A/C is running which is beyond the engine noise issue only acknowledged as an issue by me and carvana rep at time of pickup leading to the ASR Report filing by the agent of carvana to enable the fixes that havent been approved causing me to lapse on my return period. All the while they had plenty of time and knowlege of the work to be done by XXXX mechanic inspection but have yet granted the approval to start the actual fix. With this just being the tip of the iceberg please allow me to fully explain so you take away the best picture as to how all this truly came to be and you will see by the end that invevitably an investigation into their lending practices and regulatory obedience is absolutely neccessary to uncover how large the previously mentioned conspiracy to commit CONSUMER FRAUD on a grand scale is and has been within Carvana, XXXX, and their associated Warantee Company XXXX XXXX as I suspect given how everything happened so far. Sadly this is my first and my worst certified used car purchase experience whereas I have had better luck with vehicles purchased in my younger years thru private parties with over XXXX and they even lasted longer than the XXXX of a Lemon they falsely advertised and sold me the private party vehicles previously noted survived longer and with less work if any ever needed beyond oil changes and similar common maintenance. This brings me to my next point which the XXXX XXXX mechanics feel is all i should have to worry about is common maintenance oil change brake changes etc even with this XXXX XXXX age and mileage. Knowing my claims and knowing very well the Laws described as a banker whom previously originated loans for majority of my banking career myself and having to exhaust measures to comply and if needed escalate and document day over day in my own job I refuse to be played as a fool and taken advantage of by Carvana, XXXX, and XXXX XXXX warrantee, and am now first trying to gain a FULL resolve to the fullest extend permitted by the presiding laws, regulations and penalties thereof as described. This including the tier 3 CONSUMER PROTECTION ACT VIOLATIONS and the many others alike previously noted and claimed as violated by Carvana, XXXX, and its affiliated XXXX XXXX warrantee. My goal is to reach a fully encompassed and appropriate resolution with filing this complaint and to the extent that I see and know as allowable by law as it is clearly written. Otherwise should this complaint not prevail as expected, as easy it is to prove, and should Carvana and the other affiliates not want to take ownership of their, especially CARVANA LLC, severe violations and unethical nature of the violations therof then I will be left no choice other than to pursue my claims including additional PUNITIVE DAMAGES after consulting my attorney if needed therof to take action in a formal civil litigation lawsuit where a Judge will mandate Carvana LLC and any other associated affiliates to be investigated, placed under severe regulatory overwatch should they be allowed to operate further, and penalized both civil and federally thus investigated to the fullest extent of their violations and the penalties thereof as this case is pretty black and white in its entirety and my documented proof will justify such at any time just as I am proving to you within the CFPB. Especially now that I may be facing soon a loss of job due to having now been sold severely unreliable transportation that is overly prone to severe breakdowns soon per the XXXX mechanics inspection and experience. Which to better explain once my job determines working from home is no longer needed/available and a return to the office is mandatory me and my family will be left with the severe overt impact this Carvana LLc Company has caused on top of the overt impacts already suffered on account of their length of negligence and lack of care towards their customers and towards the laws that govern their sale activities and abilities thereof. I will explain from the beginning. Me and my family had been involved in a Hit and Run accident that left me my previous vehicle at a total loss and in a deficit still owing on the other vehicle. So moving forward I chose to give Carvana a chance approx XXXX and applied online to see what I may be approved for to obtain another vehicle. Carvana had at that time approved me for financing at a high interest rate with a {$2900.00} down payment and no vehicle trade in. I took my time to research the available vehicles and was originally looking into something similar to my XXXX XXXX XXXX but later me and my family chose to go with a bigger vehicle we felt safer in due to the nature of the damage to the XXXX on such a low speed impact which upon continuing to search we found this unique looking XXXX different than the rest. The XXXX was within my price range yielding a {$2900.00} down payment requirement even with additional warrantee coverage and gap insurance. Also compared to many other vehicles listed the XXXX XXXX XXXX had a clean XXXX including regular in shop oil changes etc as listed and the XXXX had a supposed clean 150 pt inspection listed as done on XXXX stating the vehicle was fully operational without issue this including the areas around where the issues I have experienced since are occurring. Therefore at that time we determined as a family it would be best to go with the XXXX and despite the year and mileage on account of the history of the jeeps XXXX and 150pt inspection records and care for thereof that made us feel we were making a purchase of a quality fully functional vehicle as Carvana continued to what we now know to be falsly promoted via email and on their site. Within the time of shopping from XXXX thru XXXX we were making last minute choice changes only to revert back to the XXXX as our final choice by XXXX thru XXXX me and my family were making our final choice around going forward with the XXXX per our final decision making to choose a larger vehicle that made me and my family feel safer. Included are the previous and final version of the signed contract up till day of pickup. During this time I almost lost my ability to purchase the XXXX making changes to my vehicle of choice and luckily it became unreserved and was able to be reverted back to the XXXX shortly after and reserved as my selected vehicle under my profile. Whereas Carvana was ready to sell to another party and would of just as easily bestowed the same issues onto someone else without a doubt and without any care as my experience has proven from beginning to end. Without any clear care for Federal and State Laws/Regulations in addition as you will see with my explanation and proof thereof. This after all my experiences leads me to firmly beleive the acts and violations committed very well may be being commited by Carvana, XXXX, and their Warantee Company XXXX XXXX intentionally against me, my family, and other less than perfect credit customers alike on a grand scale leaving them stuck with broken lemon vehicles that havent been cared for as they advertise prior to listing thus leading to the inevidable sale of these vehicles such as the Lemon " XXXX XXXX XXXX '' sold to me and my family carelessly. Moving on with my explanation and fine points. Once I had everything in line from funds verification, document verification, contract signed, and insurance swapped over from my previous vehicle on friday by approx XXXX to XXXX I wake up saturday XXXX at XXXX XXXX in the morning to find out that Carvana unexpectedly has emailed me to reschedule my pickup time due to a newly discovered COSMETIC concern and that they quote on quote per their email say in writing '' CARVANA WANTS TO PROVIDE ME THE VEHICLE AS IT WAS ADVERTISED ''. This told me nothing to the true extend of the reasoning behind the delay. Upon calling Carvana to find more information I was advised by their phone representative that it appears that the cosmetic concern is actually a result of a Carvana employee whom hit the XXXX XXXX Bumper with a vehicle while driving to move another vehicle. I was bitterly furious and livid to find this out as to how this could of carelessly happened and having to call myself to find the truth as to what happened rather than be told upfront and truthfully. Not to mention also having to of called myself to attempt to escalate the issue and find out the truth rather than simply being told the truth via email, or even called to be informed of the occurrence, how they will be fixing it, and my rescheduling options. I then sent further emails requesting this issue be escalated, for a supervisor to contact me, and for pictures to be sent to show the extent of the damage their employee had done. I also emailed them around XXXX XXXX requesting further accommodations due to the nature of the issue and inconvenience which was ignored. One request was to have the vehicle delivered waiving the charge of {$500.00} since I had to make alternative arrangements that may have further impacted my jobs in addition to the time I already had to take off unpaid to resolve these issues. Out of my requests NONE of which were ever done and after about a week of waiting and following up with Carvana to find out if info and formal pictures of the bumper issue will be sent and if someone can better explain to me how this could of happened so carelessly. I kept in communication to no avail for days on in with the understanding that this bumper replacement would of taken till XX/XX/XXXX for the part to be delivered for replacement. Over the next few days I continue to call taking unreasonable amounts of impactful time off work to find out if they have any update only to eventually find out all they are willing to do is paint the bumper rather than replace it. This being after days of waiting to find any info out. Still no pictures or other supporting documentation was provided as requested in regards to the damage done prior to pickup. Also this overall determination took a severly unreasonable amount of time to come to conclusion on to be able to move forward with the sale. Not to mention the obvious devaluation of the collateral vehicle due to the incident. Mind you still to this day they have never updated their site sale page as listed to indicate the additional accident and repair nor did they update the advertised mileage as required instead they kept the originally stated mileage which was XXXX as shown in the pictures of original advertisement. On Wed XXXX XXXX XXXX from Carvana phone number XXXX I was called and left a Voice Message by a representative within Carvana LLC Named XXXX. This agent XXXX I spoke to over the phone and actually followed up as promised, only once, to advised me saying the earliest time Carvana can have the car ready for pickup is Friday XXXX at XXXX which inevitabely had to be rescheduled online for the following saturday XXXX to avoid further impacts to my job and paid time worked vs unpaid time taken off to address and handle issues that Carvana has caused and provided little to no effort to resolve or escallate appropriately. Upon me having discovered the issue of the Carvana LLC Employee hitting the XXXX and time originally quoted to fix the bumper thru replacement but was later only painted supposedly and without supporting documentation provided to me as requested to affirm the damage and fix. I luckily avoided further negative financial impact unto me and my family in having to swap the vehicle under my insurance back to my older vehicle listed up until the XXXX was further ready for pickup proceeding the fix. This action having to be taken almost caused me to have a gap in covereage for my auto insurance and would of cost me a plethora more financially month over month year over year in premiums had the agents not been able to aviod the gap in coverage. Luckily this was avoided and situated to reprocess the same quote when the time was right later in the month of XX/XX/XXXX. Moving forward once XXXX came around and vehicle was ready for pickup I once again had to take yet another expensive XXXX ride to their XXXX Location " Vehicle Vending Machine '' address of which is listed in the many pictures on my pdf. Upon arrival I waited until my appointment time approx XXXX and the agent gave me the paperwork in the folder shown in my pdf file compilation. She explained the vehicle still needs to be taken into emissions to pass within a few days and to use the voucher to avoid the cost after the drive cycle is complete after so many miles driven. To me this is something that should of been done just like a formal ACCURATE inspection well before my pickup especially with all the time they had the vehicle in surplus of my original pickup date and additionally the extra driving of XXXX approx. miles a Carvana Employee drove it beyond the advertised listing mileage which should of been a complete drive cycle enabling Carvana LLC to ensure it will even pass emissions and obtaining the certification for such and fixing any issues prior to selling or even listing for sale. Once the paperwork was provided in person as shown in the pdf pictures ( return paper and car fax and few other documents ) and I initiated the coin into the vending machine the rep had to drive the vehicle around front to me for showing since their vending machine wasnt fully operational due to faulty mechanical problems as explained by XXXX the ON SITE AGENT at the location assisting had explained. Non the less when the vehicle was driven around for my viewing it immediately was further acknowledged by XXXX and initially acknowledged by Myself to be having clearly audible severe engine noises from an unknown location within the engine. At that time the vehicle was parked and idling I further inspected the XXXX XXXX both while on and off and at that time the Agent explained since this is a problem that was pre-existent prior to sale and pickup they will file a ASR Case to have Carvana LLC fix the issues in their entirety and this allows to see if it corrects itself since she claimed it just had an oil change, or she says I can return the vehicle and get another. Which is insult to injury at this point as I am still piecing all the puzzle peices together boggled as to how this all could of been overlooked and become a problem for me so carelessly under such a companies guidance and managent who should be providing measures to prevent this from ever happening within reason. Even then after seeing the bumper I didnt even notice if they had actually done anything to the bumper as it didnt look like it had been painted as claimed and the agent didnt know any of the details about the damage location or repair either aside from it supposedly being addressed. I chose to allow them the opportunity to fix the issues evident as existing prior to the official sale. This taking place once inspected and root of issue discovered and to enable them the opportunity to correct the issues and have the vehicle to be sold as it was advertised to me and my family. Also just as I mentioned before as to how Carvana assured me in writing via email that their goal was to provide me the vehicle AS ADVERTISED when they had to fix the bumper issue. I allowed her to file the case taking their advise with the understanding Carvana LLC was to fix the issue as a result of this issue existing prior to pickup as XXXX confirmed. I then basically test drove the vehicle only to find out soon after within 15 miles of test driving the vehicle home that the vehicle is overheating and made it to 3/4 of the way to H on the Temprature gauge of the vehicle and luckily was able to cut the a/c and make it home without incurring a severe engine failure and without it making it all the way to H thankfully preventing a on the spot full engine overheat and failure. As you see noted via email to Carvana LLC at the XXXX addressing the newfound overheating issue in addition to the pre existing issue of loud engine noise clunking prior to pickup I sent to Carvana via email on XXXX at XXXX explaining in detail the overall issues in addition to the overheating experienced and left unaddressed for weeks prior to pickup and thru many more shop visits for the additional repairs. I further sent an email on XXXX at XXXX to XXXX to have noted and affirm I only drove 15 miles approximately home whereas the vehicle was provided to me with approx XXXX miles more than the advertised mileage and even so the listed mileage on the Final and only Signed contract Signed by me and Carvana LLC financed thru XXXX that I have included from XXXX stating the mileage of XXXX not XXXX with the exception of the approx 15 miles I drove home and left the vehicle parked to avoid engine failure and other issues alike with the vehicle. I included the picture of the odometer I took on XXXX as the XXXX was disabled and parked until the direction was given on XXXX XXXX from Carvana LLC and XXXX XXXX via email on how and where to take the XXXX to start having it inspected to be fixed. I included screen shots of the video camera videos I have of the vehicle parked unmoved over the weekend leading to the towing of the vehicle on monday XXXX to the XXXX Shop located at XXXX XXXX XXXX XXXX. XXXX AZ XXXX Phone number XXXX at the expense of myself and my insurance company. Which is just one additional overt negative financial impact brought onto me and my family and now my insurance company XXXX for a problem they should of had clearly acknowledged and fixed prior to even listing for sale beyond their 150 pt supposed inspection. On monday XXXX I also took it upon myself to exhaust my freedom of speach and freedom of press leading to the exhaustion of my freedom of expression and made posts on XXXX to highlight the nature of my experiece so far and embelish that I still had faith in a formal resolve. The online agent on XXXX requested direct message via DM and I did as you see screen shotted only to eventually not get anywhere when they over promised to keep in touch with their teams to escallate this issue and see it thru. This conversation was further noted over the next week up until i lost faith in their escallation efforts, if any. Which it will be evident as to why by the time I fully explained my whole story. I further included pictures showing the time and date of the video screen shots showing the vehicle no longer in my parking lot after being towed to XXXX on Monday XXXX at approx XXXX that afternoon. I then was in clear communication with XXXX awaiting for tuesday XXXX just for the inspector to be present on duty to inspect the vehicle and once I was able to get affirmation as to the problems I was repeatedly told XXXX mechanics they would contact XXXX XXXX to explain the needed fixes and from that point on I kept calling day over day only to find out that they were still waiting for the GreenLight as they call it to even start the work once fully approved. I called XXXX that week before and was advised simply they would make sure it all gets across to XXXX as needed which at this time now as I write this I see that as clear over promise of a resolution to my escallated situation. Come around Wed. XXXX I was told by the mechanics it seems all is well and by thursday XXXX I called and was told by the other mechanic whom was telling me he wasnt sure what i was told and that he is still waiting on the green light now that they so far have communicated everything to XXXX XXXX. By this time the mechanic at XXXX told me " so far thats all the problems, so far, that they are able to determine but man they sold you one heck of a Lemon '' which I have recorded video-audio of the XXXX mechanics stated to me that these problems shouldnt be occuring this early in the vehicles life and its a clear red flag for bigger and worse problems soon down the line and that the fix now would of been {$1400.00} out of my pocket if the Warantee was not covering it and to pretty much expect more major problems down the line which basically leads me to conclude in Carvana LLC selling this vehicle with these obvious unadvertised unaddressed and heavily neglected issues clearly there actions violated AZ Lemon Laws, Truth in Lending, Consumer Financial Protection Act, ECOA Equal Credit Opportunity Act, and have successfully crucified me and my family financially now and in the future now that I can firmly expect to experience bigger issues with no telling whether XXXX XXXX will cover all the needed repair costs, but the base principle beyond that point is this vehicle that obviously real mechanics can easily identify and acknowledge major problems with should of been fixed prior to listing for sale and or sold as a fully operational vehicle as it was advertised to be. Its also apparent that Carvana LLC never fully inspected this vehicle as advertised to of been XXXX nor cared to acknowledge the issues that were clearly existent to even non mechanics let alone the XXXX XXXX mechanics well before this vehicle was listed for sale. As mentioned before and now with the input of the XXXX XXXX mechanics taken into account its evident that I may be soon faced with loosing my jobs in the near future as result of their overt violations and actions, negligent care of, and lack of policy escallation guidelines and appropriate remedies thereof leaving me without reliable transportation which Carvana LLC heavily and falsly promotes with thier overpromised advertising of the HIGH quality of their products/vehicles and inspection standards. This is an overt impact I may incur soon enough resulting from expected major breakdowns as clearly anticipated by XXXX mechanics for this very XXXX and the nature of the problems this early in life and their length of experience to back up such claims. Now in attempting to escalate this issue within Carvana LLC I only was able to obtain apology after apology and a slight 2 day extension to my return period whereas they refused to get me in touch with a manager repeatedly claiming to be senior representatives and they have the authority of managers when clearly they lacked the competency of such authority as shown in their lack of efforts in escalating my situation as needed. This taking place among my many communications via email, Social Media, and Call ins to support line representatives within Carvana LLC and additionally my call into XXXX XXXX encompassing the over promises of a full expeditious resolve of a problem that should of first and foremost never been a problem prior to advertising with intent to sale a product to the general public of consumers let alone the finalization of a sale with expressed knowledge of such issues. This substantiates itself seeing as how still to this very day I am left without a operable vehicle that is still in the shop without even having the work started after the shop having the vehicle for 7 days and with XXXX XXXX having plenty of room and personel to process the approval to give the XXXX shops mechanics the green light to start the work. Furthermore I later in the week on XXXX recieve a call from Carvana LLC Agents and on the same day at XXXX I recieve an email stating my 7 day return period is on its 6th day and almost expired. This poses a great deal of conflict, concern, and confusion as a result of how the online portal displays provided the two day extension timeline I thought which ended on XXXX. I then call back to carvana llc to see if they were possibly calling with an update to my apparently not escalated situation/complaint/issue only to find this out as to why they called to explain that my last day of my return period is here and then I further expressed my concern over the presiding issues and again only received apology after apology and further insult to injury saying that I can return the vehicle still for another. I then called XXXX XXXX back and followed up only to find nothing has again been updated or approved and I explained to them that im almost outside my grace period and was told they will follow up with XXXX XXXX yet again. Mind you this is a vehicle i truly never had a chance to drive beyond the test drive let alone the fact that its been sitting unfixed in the XXXX shop for days waiting for the greenlight that since has still never been given. Now here we are on XX/XX/XXXX both XXXX Shop and XXXX XXXX have been closed since closing on Saturday XXXX and I have no follow up from anyone and still my vehicle has not recieved the formal approval as requested by XXXX days ago to start the repairs and my original return period and my 2 day extension has officially expired as shown in the screen shots and I now have been stuck with a broken disabled vehicle that Carvana LLC financed thru in house financing thru XXXX since day one. This leaves me no other choice as to follow thru with my formal complaint. If needed provided the lack of sufficient resolve per my expectations which will be to the fullest extent of the laws regulating such transactions then I will be left no choice but to follow thru with contacting my attorney to file a formal civil litigation law suit to pursue my claims in addition to the punitive damages incurred and soon to be incurred down the line as a result of Carvana LLC and its Affiliates overt actions and clear malicious intentions. Me and my family are now left without a vehicle having to walk in excessive heat to handle my normal family obligations, or pay excessive tolls to take XXXX rides, and for many this would already have been a total loss of their job, or other heavy gravity consequences at that hands of Carvana LLC, XXXX, XXXX XXXX, and their employees. As I have told Carvana LLC in many forms of communication apologies dont explain to a persons boss why an employee isnt reliably available and on time or able to hold their end of their own obligations because he cant get to work to fufill his responsibilities. I am left only to firmly believe and firmly can prove Carvana LLC in addition to its affiliates commited overt consumer fraud against me and in doing so severly violated Consumer Finacial Protection Act, UDAAP, Truth in Lending Act, ECOA, and AZ Lemon Laws blatantly robbing me of my {$2900.00} Down Payment I paid and has posted as a debit to my account for such. Above all the vehicle is still unfixed in the shop and out of my posession to even fathom a return if I chose to do so, and still XXXX has no formal approval from XXXX XXXX to Fix the Vehicle. Me and my family as I described to Carvana LLC shouldnt have to sacrifice our choice of vehicle because they chose to DECEPTIVELY FALSIFY their advertisements and FAILED to fully address and fix the blatant issues I am having addressed in the mechanic shop now which again still havent been granted approval by XXXX XXXX to even start the repairs, and clearly shouldnt have been a problem in the first place before they list a product for sale as fully operable in all areas per their own inspection and details within the advertisement page online. I can only come to one conclusion from my experience, understanding of the presiding laws, and the nature of conduct/gravity of their violations
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- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
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- Credit monitoring or identity theft protection services
- Billing dispute for services
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TRANSUNION CFPB TOP PDF XX/XX/XXXX I, XXXX XXXX. The XXXX submitted a complaint asking all credit agencies to stop violating My privacy by posting alleged debt on their private sites. XXXX XXXX XXXX XXXX XXXX XXXX.is a private company owned by XXXX XXXX XXXX XXXX, ETC. ) TRANSUNION INTERMEDIATE HOLDINGS, XXXX, XXXX XXXX XXXX INC.And XXXX, INC.are not Bureau 's and are only agencies of the BUREAU. When I stated the account in question in last complaint I meant " EVERY SINGLE ACCOUNT '' DEBT PAYMENT HISTORY ETC '' that XXXX XXXX XXXXTRANSUNION continues to post I will hold the CFO personally liable as notice to agent is notice to principle. the individual who's privacy is being violated pursuant to the EQUAL CREDIT OPPORTUNITY ACT THE FEDERAL RESERVE ACT, THE PRIVACY ACT, every transaction relies upon the " FULL FAITH & CREDIT '' of the united states. Im invoking Consumer protection laws for : Delete, Block and Remove Listed XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Balance updated XXXX XXXX, XXXX Credit limit - {$500.00} Account info - Account number - XXXX Open/closed - Closed Date opened - XX/XX/XXXX 31 U.S. Code 5312 - Definitions and application The Federal Government took away our lawful money ( silver & gold ) in 1933 but Congress had to provide the people a remedy. Public Law : Chap. 48, 48 Stat. 112 under HJR 192 is that remedy and in part states that the Federal Government will discharge all of our debts, public and private, dollar for dollar. That the giving a ( federal reserve ) note does not constitute payment. That the use of a ( federal reserve ) Note is only a promise to pay. That Legal Tender ( federal reserve ) Notes are not good and lawful money of the United States. See Rains v State, 226 S.W. 189. I can't provide exact dates because I have been trying to get this matter settled with TRANSUNION INTERMEDIATE HOLDINGS, INC., XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX for many years. As they refuse to verify and/or validate the debt properly and in accordance to federal law, therefore I am submitting this complaint. I have a problem with their legal characteristic by nature, as they have not given equitable relief.
I am submitting one Administration Judgment ( documentation ) for proof and the account should be discharged. This firm has been unlawfully and illegally trying to collect on monies already prepaid pursuant to HJR-192 of 1933. Additionally pursuant to 31 U.S.C. 3123 the interest and public debt is the obligation of the United States. I must also report that it has been almost 6+ years and this firm is still continuing to report false information on the report. I have fully investigated my rights in this matter. Under the doctrine of estoppel by silence, Engelhardt v Gravens ( Mo ) Imay presume that no proof of the alleged debt, nor therefore any such debt, in fact exists. I have copies of the certified letters and dates prepared to bring to court. Also, under the Fair Credit Reporting Act, these disputed items may not appear on my credit report if they can not be supported by any evidence ( which they keep reporting illegally ). As a result of these blatantly reckless, wanton and intentional acts, I have suffered and continue to suffer general and specific damages. I am comprehending that the credit reporting agencies, TRANSUNION INTERMEDIATE HOLDINGS , INC., XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXXMUST delete ALL accounts that I have reported as fraudulent regarding identity theft within FOUR ( 4 ) days of my report, and NONE OF THEM HAVE DONE SO, violating the laws that are placed to protect consumers.15 U.S. Code 1681c2 - Block of information resulting from identity theft. : ( a ) Block Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency> My reporting was NOT in ERROR, so the reporting agencies have NO right under the law to continue to " report '' my PRIVATE information for the public corporations to see.
Because of this fact. I am concerned about the validity and accuracy of of the accounts that are reporting on my credit report. I am requesting a investigation because I feel the items are not being reported legally. I received a copy of my TRANSUNION INTERMEDIATE HOLDINGS, INC., XXXX XXXX XXXX XXXX XXXX XXXX.credit reports containing the following inaccurate and incomplete items : Delete XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. Why are you disputing this account? Account is not accurate Reason ( s ) for dispute : 1 ) There were fraudulent charges made on this account Additional Comments : Motion Remedy Claim for Damages in Re : Pub Res No. 10 Public Law Ch 48, 48 statute 112, Pub Law 7310, HJR 192, 31 USC 3123, 5103, 5312,18 USC 8, 12 USC 411, 28 USC 1746, 42 USC 408 ( a ) 8 Penalty, Privacy Act of 1974 12 USC 3401, Right to Fianancial Privacy Act of 1978 5 USC section 552 ( a ), Third Party Summons Act Special Procedures 26 USC section 7609 Delete XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX. Why are you disputing this account? Account is not accurate Reason ( s ) for dispute : 1 ) There were fraudulent charges made on this account Addtional Comments : Motion Remedy Claim for Damages in Re : Pub Res No. 10 Public Law Ch 48, 48 statute 112, Pub Law 7310, HJR 192, 31 USC 3123, 5103, 5312,18 USC 8, 12 USC 411, 28 USC 1746, 42 USC 408 ( a ) 8 Penalty, Privacy Act of 1974 12 USC 3401, Right to Fianancial Privacy Act of 1978 5 USC section 552 ( a ), Third Party Summons Act Special Procedures 26 USC section 7609I disputed every negative items on my credit report several times, I also provided accurate information for the reasons why I'm not liable for those debts according to the law, I'm full aware that all these corporations, including this very one I'm utilizing for the complaint is using a name not associated with me, I've stated I'm not a ALL CAPITAL LETTERS CORPORATION or 14th Amendment Citizen, I'm a free National, most of those debt collectors aren't a party to the matter, they brought the debt from the original creditor, I never signed a contract with any of them, and for your organization to confirm anything from those debt collectors is fraud, because they're using a name similar to mines, who isn't me, I've also reserved my rights ... UCC 1-308, I've quoted HJR 192, and only Congress can coin and make legal tender, Credit is not legal tender, I have grounds to sue these debt collectors or any organization who uses my name without my consent, and committing fraud.According to the fair credit reporting act, all negative items must be removed once it is known as an inaccurate account. These accounts still states accurate on my report, which it is proven to be inaccurate because their was no proof of claim mailed to me. Again according to Hjr 192 the US Congress passed the Emergency Banking Act. It was also announced by the 73rd congress that the UNITED STATES was bankrupt. The passage of House Joint Resolution HJR-192 removed the ability of the public to pay debt with lawful money. This made it illegal to demand lawful money for the payment of debt.See references : 48 Statute 1, Public Law 89-719, HJR 192, Public Law 73-10, American Bar Association Unbound Volume 1938 , 31 USC 53 section 5312 ( 3 ) ( C ), 31USC5312 ( 2 ) ( r ), PL 97-258, 96 Stat. 995, PL 99-570, PL 100-690, PL 103-325, PL 107-56, PL 108-458, 1USC 1362, 6 USC 6185 ( a ), 4USC 405-409, 3USC 321 ( a ), ( b ), 359 ) ( a ), 365 ( c ), 4USC 6202 ( g ), 6203 ( b ), 100 Stat. 3207-33, 102 Stat. 4354, 4357, 108 Stat. 2247, 2252, 115 Stat.315, 328, 335, 118 Stat. 3746, PL 97-258, PL 97-452, 16USC 831 ( h ), PL 98-369, PL 101-508, PL 102-589, PL 104-134, PL 105-46, 5USC 5129 ( b ), 98 Stat. 1153, 6USC 2653 ( a ) ( 1 ), 104 Stat. 1388-287, 106 Stat. 1488, 3USC Also, according the Constitution Article 1 section 10 Article 1 section 10 No State shall enter into any Treaty, Alliance, or Confederation ; grant Letters of Marque and Reprisal ; coin Money ; emit Bills of Credit ; make any Thing but gold and silver Coin a Tender in Payment of Debts ; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility. No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws : and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States ; and all such Laws shall be subject to the Revision and Controul of the Congress.
The two provisions that empower FinCEN to consider any business or agency as a financial institution the 1st is if it engages in any activity that is similar to, related to, or a substitute for any activity in which any business described above is authorized to engage. 31 CFR Section 5312 ( a ) ( 2 ) ( Y ). The second authorizes FinCEN to designate any other business as a financial institution if that business has cash transactions that have a high degree of usefulness in criminal, tax, or regulatory matters. See 31 CFR Section 5312 ( a ) ( 2 ) ( Z ).
As is evident from the list above, the regulations and reporting requirements implemented pursuant to the BSA apply broadly to the financial activities of many businesses and not just banks. As such, the financial activities of a very broad cross-section of the economy can come under the scrutiny of the federal government. Every customer at a car dealership, travel agency, casino, insurance company, or bank is at risk of having a SAR be secretly filed about their financial activities. Given the existence of such scrutiny, all financial institutions and their customers should be cognizant of BSA and FinCEN regulations. Compliance with all regulations is critical to protecting oneself and ones business. Moreover, making finance arrangements that lessen risk, such as avoiding the use of unlicensed money transmitters, is another way to avoid unwarranted investigatory attention.
XXXX XXXX CFPB TOP PDF TRANSUNION CFPB BOTTOM XX/XX/XXXX Charged off accounts that are fraudulent transactions The OFFICE OF COMPTROLLER OF THE CURRENCY ( OCC ) And FEDERAL TRADE COMMISSION Were Contacted And Reports Were Generated For the Following Accounts Associated Which The Stated Banks/ Financial institutions.
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX In Addition There are a bunch Inquiries that need to be removed. I DID NOT AUTHORIZE All Inquiries listed on my consumer report to be removed XXXX XXXX
XXXX XXXX XXXX The doctrine of privity contract ( s ) is a common law principle which provides that a contract can not confer rights or impose obligations upon any person who is not a party to the contract. The premise is that only parties to contracts should be able to sue to enforce their rights or claim damages as such. Res Judicata : CONDITIONAL ACCEPTANCE FOR VALUE FOR PROOF OF CLAIM UPON XXXX XXXX XXXX XXXX CONTRACT, FOR DETERMINATION 'UNCONSCIONABLE CONTRACT ' AND AGREEMENT FOR COMMERCIAL DISCHARGE, I am in receipt of and conditionally accept for value ( honor ) " Demand For Payment Of Debt '' It has come to my attention that as applied to the above matter, that there may not have been a true qualified 'meeting of the minds, ' that there may be fraud or misrepresentation on the contract and/or the contract itself may be an unconscionable contract, or other controversies that may exist within this contract/transaction.
As I want to resolve this matter as soon as possible, I am initiating this private-administrative remedy to determine such matters and I do not agree to make payment ( s ) predicated upon your claim. This Equality of Opportunity is to let the lawful record of 15 USC 1992 ( a ) Abusive practices ( b ) Inadequacy of laws ( c ) Available non-abusive collection methods ( d ) Interstate commerce ( e ) Purposes, required by FEDERAL LAW. Otherwise, anyone paying for your reporting services could fax, mail or email in a fraudulent account. FDIC Law, Regulations, Related Acts. https : //www.fdic.gov/regulations/laws/rules/8000-1250.html USC 1306 . The FTC 's Bureau of Consumer Protection Act ( s ). This Equality of Opportunity is to let the lawful record of The Fair Credit Reporting Act, Section 609 ( a ) ( 1 ) ( A ), reflect that you are required by federal and state law to verify through the physical verification of the original signature of consumers contract any and all accounts you post on any of my credit report. Otherwise, anyone paying for your reporting services could fax, mail or email in a fraudulent account. PROOF OF SIGNATURES AND STATUS AS HOLDER IN DUE COURSE. I demand to see Verifiable Proof of my original Consumer Contract with my Signature on the instrument you have on file of the accounts listed. Your failure to positively verify these accounts has hurt my ability to obtain credit. Under the FCRA, unverified accounts must be removed and if you are unable to provide me a copy of verifiable proof, you must remove the account ( s ) listed below. See Attached Instrument ( s ) Proof Of Claim Proof Of Delivery Rescind Debt, Discharge Debt In Accordance To HJR 192 Act of 1933. IRS codes section 1.1001-1 ( 4657 ) C.C.H. states that Federal Reserve Notes ( Dollars ) are valueless. The only lawful money of the United States Of America are gold and silver coins with 1 oz. The Business of Banking. The business of banking, as defined by law and custom, consists in the issue of notes intended to circulate as money..And defines a Bankers Note as : A commercial instrument resembling a bank note in every particular except that it is given by a private banker or unincorporated banking institution. A Person is a Financial Institution ; Unincorporated Banking Institution ; and Financial Agency pursuant to 31 U.S.C. 5312 and a U.C.C. - ARTICLE 3 - NEGOTIABLE INSTRUMENTS.. Acceptance Promissory Note under ( U.C.C. 2-304 ) that states, The price can be made payable in money or otherwise. IRS codes section 1.1001-1 ( 4657 ) C.C.H. states that Federal Reserve Notes ( Dollars ) are valueless. The only lawful money of the United States Of America are gold and silver coins with 1 oz Of pure gold or silver as per Articles VIII and X of the Constitution For the United States of America. or lender promissory notes requiring legal money that is not true money such as : bank checks, cash, check, money orders, attorney checks, bank transfers, wire transfers, FEDERAL RESERVE PROMISSORY NOTE DOLLARS, cashier checks, and certified checks from a bank, attorney, or escrow company are illegal pursuant to Title 31 U.S.C. 5118 ( d ) ( 2 ) ; 31 U.S.C.A. 463 ; and Public Law 97-258 ( ). Contracts requiring legal money such as cash, check, money orders, bank transfers, wire transfers, and Federal Reserve Notes ( DOLLARS ) are illegal and unlawful by Title 31 U.S.C. 5118 ( d ) ( 2 ) ; 31 U.S.C.A. 463 ; and Public Law 97-258. All debts today are discharged by promises to pay in the future. All Federal Reserve Notes, DOLLARS, are registered securities and promise to pay in the future. FRNs are secured by the utility of alive men 's energy or labor. When quoting U.C.C. statutes, the courts require them to be quoted with State or Federal statute designation. U.C.C. codes are United Nations statutes, but are codified in every local jurisdiction.
In accordance with 31 U.S.C. 5103 and 18 USC 8, such Note instruments are national bank currency and thereby coin or currency of the United States by statutory definition and can be issued by who are banking members of the fX and are THE EQUIVALENT OF MONEY as per 12 USC 1813 ( L ) and must be accepted by all banks and financial institutions as payoff, set off, discharge, and full settlement of all debts and loans. Failure to remove this debt will result in legal action HJR 192 ACT OF 1933 PUBLIC LAW 73-10 31 U.S.C. 3123 - U.S. Code - Unannotated Title 31. Money and Finance 3123. Payment of obligations and interest on the public debt.. Payment of obligations and interest on the public debt ( a ) The faith of the United States Government is pledged to pay, in legal tender, principal and interest on the obligations of the Government issued under this chapter. ( b ) The Secretary of the Treasury shall pay interest due or accrued on the public debt. As the Secretary considers expedient, the Secretary may pay in advance interest on the public debt by a period of not more than one year, with or without a rebate of interest on the coupons. ( c ) ( 1 ) The Secretary may issue a bond, note, or certificate of indebtedness authorized under this chapter whose principal and interest are payable in a foreign currency stated in the bond, note, or certificate. The Secretary may dispose of the bonds, notes, and certificates at a price that is at least par value without complying with section 3102 ( b ) ( d ) of this title.
( 2 ) In determining the dollar amount of bonds, notes, and certificates of indebtedness that may be issued under this chapter, the dollar equivalent of the amount of bonds, notes, and certificates payable in a foreign currency is determined by the par of the exchange value on the date of issue of the bonds, notes, or certificates as published by the Secretary under SECTION 5151 OF THIS TITLE. ( 3 ) The Secretary may designate depositaries in foreign countries in which any part of the proceeds of bonds, notes, or certificates of indebtedness payable in the foreign currency may be deposited. CITE AS : 31 USC 3123. 12 U.S. Code 461 - Reserve requirements- 5 ). ( F ) In order to prevent evasions of the reserve requirements imposed by this subsection, after consultation with the Board of Directors of the Federal Deposit Insurance Corporation, the Comptroller of the Currency, and the National Credit Union Administration Board, the Board of Governors of the Federal Reserve System is authorized to determine, by regulation or order, that an account or deposit is a transaction account if such account or deposit may be used to provide funds directly or indirectly for the purpose of making payments or transfers to third person. ( TRANSUNION INTERMEDIATE HOLDINGS Inc ) This erroneous entrys is detrimental to my overall credit rating and has caused me severe financial and emotional distress. If you choose not to provide the above requested deletion or requested/required documentation of your investigation, I will pursue the enforcements of my constitutional rights via federal court proceedings. As you are well aware this information will come out through my formal discovery process, and necessary depositions. I have recently studied constitutional consumer protection laws along with civil/federal court procedures. I will represent myself pro-se and will formally request a jury trial. Please respond accordingly, A PERSON is a Financial Institution ; Unincorporated Banking Institution ; and Financial Agency pursuant to 31 U.S.C. 5312 and a Acceptance Promissory Note under ( U.C.C. 2-304 ) tha FTC ATTACHED.
The Fair Debt Collection Practices Act, Pub. L. 95-109 ; 91 Stat. 874, codified as 15 U.S.C. 1692 1692p, is a consumer protection amendment, establishing legal protection from abusive debt collection practices, to the Consumer Credit Protection Act, as Title VIII of that Act. Federal Deposit Insurance Corporation ( FDIC ), independent U.S. government corporation created under authority of the Banking Act of 1933 ( also known as the Glass-Steagall Act ), with the responsibility to insure bank deposits in eligible banks against loss in the event of a bank failure and to regulate certain banking... The Federal Trade Commission 's Credit Practices Rule states that it is... interest in household goods to be unfair and a violation of the FTC Act. In the past, NCUA had a similar rule that was applicable to federal credit unions. The Federal Trade Commission 's Credit Practices Rule states that it is... interest in household goods to be unfair and a violation of the FTC Act. In the past, NCUA had a similar rule that was applicable to federal credit unions. The Federal Trade Commission has filed a complaint charging a mortgage spamming operation with violating federal laws by using an array of ... According to the fair credit reporting act, all negative items must be removed once it is known as an inaccurate account. These accounts still states accurate on my report, which it is proven to be inaccurate because their was no proof of claim mailed to me. Also according to Hjr 192 IN 1933! the US Congress passed the Emergency Banking Act. It was also announced to the 73rd congress that the UNITED STATES was bankrupt. The passage of House Joint Resolution HJR-192 removed the ability of the public to pay debt with lawful money.
This made it illegal to demand lawful money for the payment of debt.See references : 48 Statute 1, Public Law 89-719, HJR 192, Public Law 73-10, American Bar Association Unbound Volume 1938 , 31 USC 53 section 5312 ( 3 ) ( C ), 31USC5312 ( 2 ) ( r ), PL 97-258, 96 Stat. 995, PL 99-570, PL 100-690, PL 103-325, PL 107-56, PL 108-458, 1USC 1362, 6 USC 6185 ( a ), 4USC 405-409, 3USC 321 ( a ), ( b ), 359 ) ( a ), 365 ( c ), 4USC 6202 ( g ), 6203 ( b ), 100 Stat. 3207-33, 102 Stat. 4354, 4357, 108 Stat. 2247, 2252, 115 Stat.315, 328, 335, 118 Stat. 3746, PL 97-258, PL 97-452, 16USC 831 ( h ), PL 98-369, PL 101-508, PL 102-589, PL 104-134, PL 105-46, 5USC 5129 ( b ), 98 Stat. 1153, 6USC 2653 ( a ) ( 1 ), 104 Stat. 1388-287, 106 Stat. 1488, 3USC Also, according the Constitution Article 1 section 10 Article 1 section 10 No State shall enter into any Treaty, Alliance, or Confederation ; grant Letters of Marque and Reprisal ; coin Money ; emit Bills of Credit ; make any Thing but gold and silver Coin a Tender in Payment of Debts ; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility. No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws : and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States ; and all such Laws shall be subject to the Revision and Controul of the Congress.
In XXXX Tendered payments WERE ISSUED TO XXXX XXXX XXXX with proof of service and signatures required signed by all creditors. The law states that if the payment is not accepted then XXXX XXXX has five days to return that payment to me with lawful reason for denying it. XXXX XXXX XXXX has failed to do so. In fact it has been [ 96 ] days and the Tender of Payment has yet to be mentioned by XXXX XXXX XXXX XXXX. If the payment is not returned then it is implied that the payment was tendered and received and they collected from the US Treasury and or at Any Federal Reserve Bank.
It is left to be implied due to the amount of time given to XXXX XXXX XXXX XXXX. which is well passed the five day time to respond. Attached are the FDCPA laws. ALSO, The new law states " Under thenew law government obligations, bills of exchange, drafts, notes, trade acceptances, and bankers acceptances, because it is backed by the credit of the nation.It will represent a mortgage on all the homes, and other property of all the people of the nation. '' Senate Document No. 43, 73rd Congress, 1st Session, Congressional Record, March 9, 1933 on HR 1491 p. 83. Therefore all are hereby notified that i XXXX XXXX do hereby tender payment for the above referenced obligation of debt, and because this debt concerns property of the United States it is deemed by law and operation of statute to be a government obligation and must be handled in accord with the dictates of statute. i have accepted the obligation on behalf of the United States of America and hereby make assignment of the obligation to the United States Treasury Department on behalf of the United States of America as authorized by statute. They were to present the item ( remittance coupon ) to the United States Treasury Department or at any Federal Reserve bank to include any Federal Reserve member banks to redeem the value of the obligation. As per the terms of the contract this shall serve as my notice of change in terms of contract, cancelling and or suspending any acceleration penalties and paying the US government debt obligation for value through acceptance pledging an assignment in full. Rather it has been over [ 96 ] days and nothing has posted as paid tendered or discharged and this disables me by way of doing business employment and living free.
XXXX XXXX XXXX XXXX. has notified the Credit Reporting Agency. that i am late to a debt that was paid in full as of i have the CFPB COMPLAINT ID NUMBERS attached which is the delivery proof which is undeniable, and therefore the payment was received on time and is not late, as well the payment format was never returned to me. If XXXX XXXX XXXX XXXX, has decided to deny the payment then the debt obligation is DISCHARGED! So again! I am writing you about inaccuracies that are being inequitably furnished by Transunion on my Consumer Report. These inaccuracies damaged my right to extend credit. I am being discriminated against by a long list of apartment complexes solely due to harmful information on my consumer report. According to 15 USC 1681 ( a ) ( 3 ), Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. I hereby put your organization on notice and am informing you that I NEVER gave consent to this report being furnished by you on my behalf. I am aware of the fact that your organization ASSUMED a vital role. Because of this, my livelihood has been adversely affected. There is no law that states anything needs to be reported to a consumer reporting agency. Therefore, TRANSUNION is liable under 15 USC 1681n. 15 USC 1681 ( a ) ( 4 ), clearly states that consumer reporting agencies MUST exercise their grave responsibilities with fairness, impartiality, and RESPECT for THE CONSUMERS RIGHT TO PRIVACY. Your organization neither exercised its responsibilities with fairness and impartiality NOR protected MY right to PRIVACY. Please show me the law where it states a credit reporting agency may report non public personal information on a consumer without consent. I called and spoke to your representatives several times to remedy this. Ive lost countless hours since XXXX to this. Ive lost sleep, nutrition, a portion of my moving money, and am STILL suffering from mental anguish and XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. Something that wouldve never happened if it werent for you people.
Available homes I am qualified for are being rented by others as my reputation continues to be affected by these inaccuracies and without my consent. I have a deadline to move by XX/XX/XXXX and My safe livelihood is at stake and I am at risk of homelessness because of YOU not PROTECTING MY RIGHT TO PRIVACY and furnishing non-public personal information WITHOUT MY CONSENT. You should be ashamed for operating in a way that puts consumers lives at risk, blatantly committing fraud, and aggressively violating consumer rights to privacy. I am requesting proof that Transunion investigated any negative items you furnished to my consumer report. This grave step affects my reputation. Pursuant to 15 USC 1681a ( e ) an investigative consumer report would mean you conducted interviews with family and friends. You must not rely on information from a creditor. In the FCRA, 15 USC 1681a ( e ) clearly states that an investigative consumer report is ; obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information SHALL NOT include factual information on a consumers credit record OBTAINED DIRECTLY FROM A CREDITOR of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer. Further, pursuant to 15 USC 6802 ( b ) I was supposed to be given a disclosure to opt out of my non public personal information being reported by a non affiliated third party. I was not given this disclosure. Further, pursuant to 15 USC 1681b credit reporting is voluntary.
I did NOT consent neither did I provide written notice to you to report account status. Pursuant to 15 USC 1666b timing of payments, a creditor MAY NOT treat a payment on a credit card under an open ended credit plan as late for ANY PURPOSE. Pursuant to 15 USC 1681 ( a ) ( b ) your organization did not adopt such procedures that meet the need of commerce for consumer credit. As a result, I hereby demand you to do the following today ; Block and Delete the following XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX - Account number XXXX TRANSUNION INTERMEDIATE HOLDINGS , INC .
I the living man have demanded these accounts be VALIDATED ( not a verification ) WITH ORIGINAL CONTRACTS or DOCUMENTS WITH MY ( WET SEAL SIGNATURE ) on them on a CERTIFIED COPY OF the TRUE BILL ( not a statement ) or REMOVE ACCOUNTS IF THEY CAN'T BE VALIDATED. SEND ME PROOF BY EMAIL to XXXX and by CERTIFIED MAIL to XXXX XXXX XXXX XXXX, XXXX Georgia XXXX WITH TRACKING NUMBER I Demand that of the listed accounts update. The Trading with the ememy acct. By 28 U.S Code & 3002 / UCC 1 308, HJR 192 1933 and US Constitution Article 1 Section 10... I the living man demand that FRAUDULENT ACCT. ( XXXX ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX FRAUDULENT ACCOUNT ( XXXX ) XXXX XXXX XXXX - Account number XXXX All Inquiries are Disputed as FRAUDULENT and need to be VALIDATED XXXX XXXX XXXX date XX/XX/XXXX. / Removal date XX/XX/XXXX XXXX XXXX Inquiry date XX/XX/XXXX / Removal date XX/XX/XXXX I the living man wants all accounts to be VALIDATED that I the living man was giving money when it No money as the country is Bankrupt and in Bankruptcy it has, been no money snice all the GOLD & SILVER was taken and the BANKRUPT US AMERICA CORPORATION is pushing worthless paper as money when its no money so how is the living man supposed to pay with money when its no money only FIAT CURRENCY when I the living man is the Grantor and Beneficiary of the ESTATE for the ALL CAPS NAME called XXXX XXXX XXXX i'm not the ALL CAPS NAME e.g I'm the only legally Authorized Representative that can sign for the ALL CAPS NAME these accounts claim all accounts all been VALIDATED, WITH CERTIFIED COPY OF THE TRUE BILL & ORIGINAL CONTRACT DOCUMENTS THAT HAVE MY WET SEAL SIGNATURE ON THEM I DEMAND ALL OF THIS PROOF TO BE SENT TO Either of THE LIVING MAN addresses listed.
I DEMAND TO SEE THIS PROOF ASAP and I need this to be stated on the record for equity court as I the living man will file suit and make an special appearance in court to have these accounts to be VALIDATED, Certified Copy of TRUE BILL and the Original Contract & Documents that ho
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| 11/07/2018 |
Yes |
- Student loan
- Federal student loan servicing
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- Dealing with your lender or servicer
- Received bad information about your loan
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Web |
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This is my second time filing a complaint on the same company ; therefore the first part I write will be a repeat from my first complaint.
I was looking into a " student loan forgiveness program '' and I came upon Equitable Acceptance. I spoke with this company on XX/XX/XXXX for over an hour as they explained to me that I would need to pay {$49.00} every month for approximately 3 years and after the three years of paying faithfully my student loan would be forgiven. I was super excited and agreed to this. I have been paying {$49.00} faithfully since with extra fees added on at times. In XX/XX/XXXX I paid {$55.00} ; XX/XX/XXXX I paid {$100.00} ; XXXX XXXX I paid {$50.00} and {$53.00}. I received a federal loan statements in XX/XX/XXXX and this is when I became confused ; therefore I did not pay Equitable Acceptance in XX/XX/XXXX and XX/XX/XXXX. I spoke to Equitable Acceptance who then explained to me that I paid them to find a student loan forgiveness company for me and there is nothing they can do about them not paying my student loan, but I would need to continue to pay Equitable Acceptance or they would send me to collection. This of course scared me as I am currently working on my credit and do not want anything sent to collection so I agreed to start paying them again in XX/XX/XXXX. I did ask for the name and phone number of the company they had found to pay my student loans off and they told me XXXX XXXX XXXX at XXXX and I called this number multiple times ; including today ( XX/XX/XXXX ) and left messages requesting a call back and I have yet to receive a call back and each time I have called I have never spoke with a live person. Today I called and spoke to the U.S. Department of Education and told them my situation and they were very helpful and understanding and they had informed me that plenty of people has been scammed with these other companies. I really need help on what I need to do because I don't want to keep paying money to a company that is not doing what they had told me they would do for me.
The following is the e-mail from the company telling me that my student loan will be paid : XXXX, This is an update from XXXX XXXX regarding your student loan submission. Your Loan Verification Certificates have been submitted to your loan servicer/s in order for them to respond to the Department of Education ( DOE ) for the total payoff of your loans. Once a response is received, the DOE will pay off your current loans in full to initiate the first step in your consolidation. If there is any additional information required, we will contact you directly to request this information.
It is not uncommon for you to receive a statement from your new loan servicer prior to your next status update from u. This statement is called a " loan summary statement '' showing a payment amount which reflects a Standard Program. This is part of your servicers mandated paperwork they are required to send to all new clients regardless of the program being entered. If you are enrolling into an Income Driven Repayment Program, please disregard this statement and allow an additional 2-4 weeks to receive your program terms reflecting your correct payment amount. We will notify you once your repayment terms have been confirmed. If you receive any paperwork that is confusing or inaccurate please do not hesitate to contact us so we may provide you with a more recent update and/or clarify any questions/concerns.
How to contact us : Fax XXXX Email : XXXX Our Processing and Customer Service Departments are available from XXXX to XXXX Pacific Standard Time , Monday through Friday at XXXX.
Best regards, XXXX XXXX My student loan was never paid by the company. The following is an email from the federal student loan requesting for a payment. When I started receiving calls and email from the department of education requesting for a payment I called EAC and XXXX XXXX and EAC basically said there was nothing they can do about it and student advocates would not answer the phone. This is when I knew I had to turn to CFPB for some help.
XXXX XXXX To : XXXX XX/XX/XXXX at XXXX XXXX XXXX XXXX Hello XXXX : We are reaching out to remind you of your upcoming payment.
Amount Due {$3500.00} Due Date XX/XX/XXXX The easiest way to make a payment is online through Account Access. By paying online, you can target extra funds to specific loans, schedule payments in advance, and more. Sign in and make your payment today!
The first time I sent my complaint EAC responded stating the following ; Company 's Response Ms. XXXX 's allegations, and demand are inaccurate, unfounded, defamatory, contrary to the documents she signed, as well as contrary to Equitable Acceptance Corporations ( EAC ) records and recorded conversations with Ms. XXXX. Ms. XXXX has benefitted substantially from the underlying transactions since the Fall of XXXX. Any present problems are the result of her failing to return many emails and telephone calls, and to comply with her contract and instructions. At best, Ms. XXXX is confused, or has been misled badly about the underlying transactions. This response will attempt to clarify the underlying transactions. As is explained below, however, Ms. XXXX does not owe EAC anything any longer, and EAC has requested that the credit bureaus with which it does business delete the EAC account from Ms. XXXX 's credit history. As an initial matter, and contrary to Ms. XXXX complaint, EAC did not solicit or otherwise offer in any way to assist Ms. XXXX with her student loan debt. No representative of EAC contacted Ms. XXXX about her student loan debt, or made any representation to her about her student loan debt. Any suggestion to the contrary is just simply wrong. To the contrary, Ms. XXXX entered into a document preparation and service agreement with a separate company unrelated to EAC XXXX XXXX, XXXX ( XXXX ). EAC was not a party to that agreement, and is, again, a separate unrelated company. The agreement between Ms. XXXX and XXXX, more importantly, clearly disputes Ms. XXXX 's concerns, and in particular the nature of her underlying arrangement with XXXX. Her contract with XXXX clearly states that it is a private company not affiliated with the Department of Education, and that XXXX would work directly on Ms. XXXX 's behalf with the DOE to help her identify assistance programs offered by the DOE. Ms. XXXX 's agreements with XXXX further state and make clear that she could, if she so chose, try on her own to navigate the DOE student loan debt relief process herself without paying anyone a fee. According to the XXXX XXXX XXXX XXXX, however, the DOE student loan debt relief process is unnecessarily complex and borrowers too often confront an impenetrable bureaucracy that prevents them from accessing their rights. Searching for Relief : Desperate Borrowers and the Growing Student Loan Debt Relief Industry, XX/XX/XXXX. Companies like XXXX thus offer their services for a fee, which is plainly set forth and made clear in the documents, to assist student loan debtors navigate this impenetrable bureaucracy. XXXX simply facilitates its clients access to income driven and similar programs offered by and/or through the DOE. Depending on the clients family size and income, the client may qualify, under an existing governmental program with predetermined benefits available depending on the clients individual circumstances, for debt relief, including reduced monthly payment obligations. The amount of any payment reduction depends on where and how the clients personal circumstances fit into a predetermined program and schedule of benefits. Determining what predetermined benefits are available to XXXX clients is one of the primary services provided by XXXX. In order to provide this service, XXXX obtains the requisite information needed from the debtor, and completes on behalf of the debtor the requisite DOE applications and forms. The service provided does not include negotiating for any forgiveness or reduction of the debtors loans. The service simply involves determining what relief is available to a specific debtor and applying for that relief. The service may result in reduced monthly payments for a period depending on the debtors individual circumstances, and consolidation of the debtors loans. That is the benefit received by the student loan debtor. The DOE process also requires thereafter annual renewals, which XXXX may, with certain clients, also agree to handle for the debtor for an agreed amount of time. In a number of respects, the service offered by and available through XXXX is similar to a tax payor hiring a tax preparer to prepare the persons tax returns. The tax payor could, if they so choose, attempt to prepare their returns on their own, or they can hire the tax preparer to do it for them. If the tax preparer is hired, a fee is charged for the service of completing the tax returns. The tax payors resulting tax burden is not affected by the tax preparer. The tax burden is a function of the tax payors individual circumstances and how they fit into a predetermined set of tax rules. XXXX 's offer of services to student loan debtors, like Ms. XXXX, is similar. In exchange for XXXX assistance in navigating and completing the DOE process, XXXX charges a disclosed fee. The end result again for the student loan debtor is a function of the student loan debtors personal circumstances and how they fit into a predetermined income driven or similar program and schedule of benefits. It is solely the clients individual circumstances, which drive and determine what level of assistance or relief is available to a XXXX client. If a student loan debtor decides to hire XXXX to apply for whatever benefits are available to the student loan debtor, an agreement by and between the debtor and XXXX is then memorialized in a written agreement and other related documents necessary to complete the DOE process e.g., financial information such as income and family size is obtained. The agreement contains a number of disclosures and terms, including but not limited to that the student loan debtor is free to try and navigate the DOE process on their own, and they are not obligated to pay XXXX unless and until XXXX successfully completes the DOEs benefit application process for the debtor. With respect to Ms. XXXX specifically, XXXX offered to wade through all the DOE paperwork, websites and applications for her, and obtain for her whatever benefits were available to her. If requested by Ms. XXXX, XXXX would assist her with assembling and processing the applications and documents, which make up the student loan debt assistance programs offered by the DOE, and also assist her with any annual renewals or re-certifications. There was no service fee due from Ms. XXXX to XXXX unless and until XXXX obtained for Ms. XXXX whatever benefits were available specifically to her. With this background, the records and information available to EAC indicate that Ms. XXXX then chose not to attempt the process on her own, and instead hired XXXX to do it for her. The written agreement executed by and between Ms. XXXX and XXXX is quite clear. XXXX then performed its part of the bargain for Ms. XXXX and applied for the DOE benefits available to her. For example, XXXX applied for and obtained enrollment for Ms. XXXX in the DOEs loan consolidation program effective XX/XX/XXXX, and then into the DOEs REPAYE program effective XX/XX/XXXX. After XXXX 's services and efforts, Ms. XXXX 's monthly payment obligation was reduced to {$0.00} effective. To stay in the REPAYE program, Ms. XXXX is required to recertify annually her income. Starting in XX/XX/XXXX, XXXX notified Ms. XXXX of the approaching time for her to renew. According to XXXX, it attempted to reach Ms. XXXX 38 times by email and 27 times by telephone about her need to renew. Each and every one of those attempts was ignored. Since Ms. XXXX did not renew her enrollment on time, her student loans went into default. XXXX, however, again tried to help her by obtaining a forbearance for her, which ended in XX/XX/XXXX. Still, Ms. XXXX has ignored all attempts to reach her. Even though it now appears from her complaint that Ms. XXXX does not appear to understand her DOE program and XXXX 's efforts, XXXX is in possession of a recorded conversation with Ms. XXXX in which she acknowledges and verifies her agreement with XXXX and the benefits she received. Mr. XXXX also appears to not understand EACs role in this matter. EAC did not get involved with Ms. XXXX until she had already agreed to hire and pay XXXX to assist her. Apparently, Ms. XXXX was unable or unwilling to pay XXXX all at once. At that point, EACs services were made known to Ms. XXXX. EAC was willing to pay XXXX for her, in exchange for Ms. XXXX then repaying EAC over time, with interest. The choice was once again Ms. XXXX 's to make. She could, if she so chose, submit a request and application to EAC asking EAC to pay XXXX for her. If EAC receives such a request from a student loan debtor like Ms. XXXX, EAC evaluates the application, as well as the agreement between XXXX and the debtor, and XXXX written assurance that the DOE process has been successfully completed and whatever benefit was available to the debtor has been obtained. EAC also obtains verbal verification from the debtor acknowledging the existence of the debtors request for a separate agreement with EAC. EAC then decides whether to accept or reject the application. If EAC accepts the request, EAC then enters into a separate agreement with the debtor pursuant to which EAC agrees to pay XXXX for the debtor, and in exchange, the debtor agrees to repay EAC over time with interest. In this instance, Ms. XXXX did in fact submit to EAC an application for EAC to pay XXXX for her. After reviewing Ms. XXXX 's request, her agreement with XXXX and verifying the situation with Ms. XXXX directly, EAC agreed to pay XXXX for Ms. XXXX and did in fact do so. An audio recording of Ms. XXXX acknowledging and verifying that EAC would be paying XXXX for her exists as well. In that recording, among other things, Ms. XXXX acknowledges that her payments to EAC are to repay EAC, and are not payments towards her student loan debt. EAC thus disagrees vehemently with Ms. XXXX 's complaint and demand. However, EAC only gets involved in transactions like this on a full recourse basis with XXXX. That allows EAC to unwind any transaction and charge the account back to XXXX. Given Ms. XXXX 's complaint here, EAC has exercised its rights with XXXX and unwound the transaction. Ms. XXXX therefore no longer owes EAC anything. Should she have any additional concerns or demands, she should address them to XXXX.
In the above statement they clearly state that I do not owe them anything, but recently I have been receiving emails requesting for payment and threatening me that if I don't pay they will send me to collection which will go against my credit. The following is a recent email from the company.
Good Afternoon XXXX, We have been notified by Equitable Acceptance that your loan has been charged off due to nonpayment. Our Accounts Receivable Department will be turning your file over to a third party collection agency and your credit will be adversely affected unless we can agree on settlement terms before this occurs.
Your charge off amount from Equitable is {$770.00}, I am willing to settle your account for {$490.00}. If you would like to break the payment into installments you can let me know, I will accept installment payments to pay the settlement amount in full. I need an immediate response for this offer to be valid, otherwise your delinquent amount due will accrue interest and penalty fees. I have been assigned as the case manager on your file please contact me on my direct line or my email.
Regards, XXXX XXXX Account Executive Student Advocates XXXX Direct : XXXX SXXXX XXXX Image This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited.
XXXX XXXX XXXX To : XXXX XXXX XX/XX/XXXX at XXXX PM Good afternoon, XXXX I have records stating that I no longer owe money to Equitable Acceptance and they were the one that told me that I no longer owe any money. This needs to be fixed. I will send you the records as I do not need this sent to collection as it will affect my credit.
Thank you, XXXX XXXX On XX/XX/XXXX, at XXXX XXXX, XXXX XXXX XXXX wrote XXXX Good Afternoon XXXX, We have been notified by Equitable Acceptance that your loan has been charged off due to nonpayment. Our Accounts Receivable Department will be turning your file over to a third party collection agency and your credit will be adversely affected unless we can agree on settlement terms before this occurs.
Your charge off amount from Equitable is {$770.00}, I am willing to settle your account for {$490.00}. If you would like to break the payment into installments you can let me know, I will accept installment payments to pay the settlement amount in full. I need an immediate response for this offer to be valid, otherwise your delinquent amount due will accrue interest and penalty fees. I have been assigned as the case manager on your file please contact me on my direct line or my email.
Regards, XXXX XXXX Account Executive Student Advocates XXXX Direct : XXXX XXXX Show original message XXXX XXXX ... To : XXXX XXXX Subject : Re : URGENT MATTER!!! ...
XX/XX/XXXX at XXXX XXXX XXXX XXXX XXXX To : XXXX XXXX XX/XX/XXXX at XXXX XXXX Hi XXXX, I have added the complaint with their response stating that I no longer owe them anything in which I have highlighted. I will continue with these complaints on this company if I continue to be harassed as well as contacting my lawyer. This company misled me and did not do anything they told me that they would do. I will also forward you the e-mail I received of them telling me what they would do for me in which they did not do. Thank you.
We received your complaint. Thank you.
We will review your complaint. Depending on what we find, we will typically : Send your complaint to the company for a response ; or Send your complaint to another state or federal agency, or help you get in touch with your state or local consumer protection office ; or Let you know if we need more information to continue our work.
YOUR COMPLAINT I was looking into a " student loan forgiveness program '' and I came upon Equitable Acceptance. I spoke with this company on XX/XX/XXXX for over an hour as they explained to me that I would need to pay {$49.00} every month for approximately 3 years and after the three years of paying faithfully my student loan would be forgiven. I was super excited and agreed to this. I have been paying {$49.00} faithfully since with extra fees added on at times. In XX/XX/XXXX I paid {$55.00} ; XX/XX/XXXX I paid {$100.00} ; XXXX XXXX I paid {$50.00} and {$53.00}. I received a federal loan statements in XX/XX/XXXX and this is when I became confused ; therefore I did not pay Equitable Acceptance in XX/XX/XXXX and XX/XX/XXXX. I spoke to Equitable Acceptance who then explained to me that I paid them to find a student loan forgiveness company for me and there is nothing they can do about them not paying my student loan, but I would need to continue to pay Equitable Acceptance or they would send me to collection. This of course scared me as I am currently working on my credit and do not want anything sent to collection so I agreed to start paying them again in XX/XX/XXXX. I did ask for the name and phone number of the company they had found to pay my student loans off and they told me XXXX XXXX XXXX at XXXX and I called this number multiple times ; including today ( XX/XX/XXXX ) and left messages requesting a call back and I have yet to receive a call back and each time I have called I have never spoke with a live person. Today I called and spoke to the U.S. Department of Education and told them my situation and they were very helpful and understanding and they had informed me that plenty of people has been scammed with these other companies. I really need help on what I need to do because I don't want to keep paying money to a company that is not doing what they had told me they would do for me. Thank you View full complaint Sent to company Status Sent to company on XX/XX/XXXX We've sent your complaint to the company, and we will let you know when they respond.
Their response should include the steps they took, or will take, to address your complaint.
Companies generally respond in 15 days. In some cases, the company will let you know their response is in progress and provide a final response in 60 days.
Company responded Status Company responded on XX/XX/XXXX Response Type Closed with explanation Company 's Response Ms. XXXX 's allegations, and demand are inaccurate, unfounded, defamatory, contrary to the documents she signed, as well as contrary to Equitable Acceptance Corporations ( EAC ) records and recorded conversations with Ms. XXXX. Ms. XXXX has benefitted substantially from the underlying transactions since the Fall of XXXX. Any present problems are the result of her failing to return many emails and telephone calls, and to comply with her contract and instructions. At best, Ms. XXXX is confused, or has been misled badly about the underlying transactions. This response will attempt to clarify the underlying transactions. As is explained below, however, Ms. XXXX does not owe EAC anything any longer, and EAC has requested that the credit bureaus with which it does business delete the EAC account from Ms. XXXX 's credit history. As an initial matter, and contrary to Ms. XXXX complaint, EAC did not solicit or otherwise offer in any way to assist Ms. XXXX with her student loan debt. No representative of EAC contacted Ms. XXXX about her student loan debt, or made any representation to her about her student loan debt. Any suggestion to the contrary is just simply wrong. To the contrary, Ms. XXXX entered into a document preparation and service agreement with a separate company unrelated to EAC XXXX XXXX, XXXX ( XXXX ). EAC was not a party to that agreement, and is, again, a separate unrelated company. The agreement between Ms. XXXX and XXXX, more importantly, clearly disputes Ms. XXXX 's concerns, and in particular the nature of her underlying arrangement with XXXX. Her contract with XXXX clearly states that it is a private company not affiliated with the Department of Education, and that XXXX would work directly on Ms. XXXX 's behalf with the DOE to help her identify assistance programs offered by the DOE. Ms. XXXX 's agreements with XXXX further state and make clear that she could, if she so chose, try on her own to navigate the DOE student loan debt relief process herself without paying anyone a fee. According to the XXXX XXXX XXXX XXXX, however, the DOE student loan debt relief process is unnecessarily complex and borrowers too often confront an impenetrable bureaucracy that prevents them from accessing their rights. Searching for Relief : Desperate Borrowers and the Growing Student Loan Debt Relief Industry, XX/XX/XXXX. Companies like XXXX thus offer their services for a fee, which is plainly set forth and made clear in the documents, to assist student loan debtors navigate this impenetrable bureaucracy. XXXX simply facilitates its clients access to income driven and similar programs offered by and/or through the DOE. Depending on the clients family size and income, the client may qualify, under an existing governmental program with predetermined benefits available depending on the clients individual circumstances, for debt relief, including reduced monthly payment obligations. The amount of any payment reduction depends on where and how the clients personal circumstances fit into a predetermined program and schedule of benefits. Determining what predetermined benefits are available to XXXX clients is one of the primary services provided by XXXX. In order to provide this service, XXXX obtains the requisite information needed from the debtor, and completes on behalf of the debtor the requisite DOE applications and forms. The service provided does not include negotiating for any forgiveness or reduction of the debtors loans. The service simply involves determining what relief is available to a specific debtor and applying for that relief. The service may result in reduced monthly payments for a period depending on the debtors individual circumstances, and consolidation of the debtors loans. That is the benefit received by the student loan debtor. The DOE process also requires thereafter annual renewals, which XXXX may, with certain clients, also agree to handle for the debtor for an agreed amount of time. In a number of respects, the service offered by and available through XXXX is similar to a tax payor hiring a tax preparer to prepare the persons tax returns. The tax payor could, if they so choose, attempt to prepare their returns on their own, or they can hire the tax preparer to do it for them. If the tax preparer is hired, a fee is charged for the service of completing the tax returns. The tax payors resulting tax burden is not affected by the tax preparer. The tax burden is a function of the tax payors individual circumstances and how they fit into a predetermined set of tax rules. XXXX 's offer of services to student loan debtors, like Ms. XXXX, is similar. In exchange for XXXX assistance in navigating and completing the DOE process, XXXX charges a disclosed fee. The end result again for the student loan debtor is a function of the student loan debtors personal circumstances and how they fit into a predetermined income driven or similar program and schedule of benefits. It is solely the clients individual circumstances, which drive and determine what level of assistance or relief is available to a XXXX client. If a student loan debtor decides to hire XXXX to apply for whatever benefits are available to the student loan debtor, an agreement by and between the debtor and XXXX is then memorialized in a written agreement and other related documents necessary to complete the DOE process e.g., financial information such as income and family size is obtained. The agreement contains a number of disclosures and terms, including but not limited to that the student loan debtor is free to try and navigate the DOE process on their own, and they are not obligated to pay XXXX unless and until XXXX successfully completes the DOEs benefit application process for the debtor. With respect to Ms. XXXX specifically, XXXX offered to wade through all the DOE paperwork, websites and applications for her, and obtain for her whatever benefits were available to her. If requested by Ms. XXXX, XXXX would assist her with assembling and processing the applications and documents, which make up the student loan debt assistance programs offered by the DOE, and also assist her with any annual renewals or re-certifications. There was no service fee due from Ms. XXXX to XXXX unless and until XXXX obtained for Ms. XXXX whatever benefits were available specifically to her. With this background, the records and information available to EAC indicate that Ms. XXXX then chose not to attempt the process on her own, and instead hired XXXX to do it for her. The written agreement executed by and between Ms. XXXX and XXXX is quite clear. XXXX then performed its part of the bargain for Ms. XXXX and applied for the DOE benefits available to her. For example, XXXX applied for and obtained enrollment for Ms. XXXX in the DOEs loan consolidation program effective XX/XX/XXXX, and then into the DOEs REPAYE program effective XX/XX/XXXX. After XXXX 's services and efforts, Ms. XXXX 's monthly payment obligation was reduced to {$0.00} effective. To stay in the REPAYE program, Ms. XXXX is required to recertify annually her income. Starting in XX/XX/XXXX, XXXX notified Ms. XXXX of the approaching time for her to renew. According to XXXX, it attempted to reach Ms. XXXX 38 times by email and 27 times by telephone about her need to renew. Each and every one of those attempts was ignored. Since Ms. XXXX did not renew her enrollment on time, her student loans went into default. XXXX, however, again tried to help her by obtaining a forbearance for her, which ended in XX/XX/XXXX. Still, Ms. XXXX has ignored all attempts to reach her. Even though it now appears from her complaint that Ms. XXXX does not appear to understand her DOE program and XXXX 's efforts, XXXX is in possession of a recorded conversation with Ms. XXXX in which she acknowledges and verifies her agreement with XXXX and the benefits she received. Mr. XXXX also appears to not understand EACs role in this matter. EAC did not get involved with Ms. XXXX until she had already agreed to hire and pay XXXX to assist her. Apparently, Ms. XXXX was unable or unwilling to pay XXXX all at once. At that point, EACs services were made known to Ms. XXXX. EAC was willing to pay XXXX for her, in exchange for Ms. XXXX then repaying EAC over time, with interest. The choice was once again Ms. XXXX 's to make. She could, if she so chose, submit a request and application to EAC asking EAC to pay XXXX for her. If EAC receives such a request from a student loan debtor like Ms. XXXX, EAC evaluates the application, as well as the agreement between XXXX and the debtor, and XXXX written assurance that the DOE process has been successfully completed and whatever benefit was available to the debtor has been obtained. EAC also obtains verbal verification from the debtor acknowledging the existence of the debtors request for a separate agreement with EAC. EAC then decides whether to accept or reject the application. If EAC accepts the request, EAC then enters into a separate agreement with the debtor pursuant to which EAC agrees to pay XXXX for the debtor, and in exchange, the debtor agrees to repay EAC over time with interest. In this instance, Ms. XXXX did in fact submit to EAC an application for EAC to pay XXXX for her. After reviewing Ms. XXXX 's request, her agreement with XXXX and verifying the situation with Ms. XXXX directly, EAC agreed to pay XXXX for Ms. XXXX and did in fact do so. An audio recording of Ms. XXXX acknowledging and verifying that EAC would be paying XXXX for her exists as well. In that recording, among other things, Ms. XXXX acknowledges that her payments to EAC are to repay EAC, and are not payments towards her student loan debt. EAC thus disagrees vehemently with Ms. XXXX 's complaint and demand. However, EAC only gets involved in transactions like this on a full recourse basis with XXXX. That allows EAC to unwind any transaction and charge the account back to XXXX. Given Ms. XXXX 's complaint here, EAC has exercised its rights with XXXX and unwound the transaction. Ms. XXXX therefore no longer
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On XX/XX/XXXX I paid for moving services by a company called XXXX XXXX I gave them my checking account information and they cashed my check the next day. I canceled service the following day and still I have not received services or refund back. I called my bank Keybank and asked for assistance in getting my money back and they told me because it was not like an ACH even though I gave them my checking account number they couldnt get my money back for me so I am out {$750.00} to this company called XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX FL XXXX Phone : ( XXXX ) XXXX DOT # : XXXX MC # : XXXX This was their correspondence Hello XXXX, Thank you for your interest in XXXX XXXX XXXX XXXX XXXX
Please click on your reference number XXXX to view your moving estimate.
Thank You and Best Regards, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX ) XXXX Ext. XXXX XXXX https : XXXX -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- Binding Moving Estimate Reference No : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX FL XXXX US DOT : XXXX MC : XXXX Customer Rep : XXXX XXXX Phone : ( XXXX ) XXXX Ext. XXXX Email : XXXX Web : XXXX : XXXX Moving From Moving To XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, NY XXXX XXXX : XXXX Phone : Storage phone number XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, NC XXXX Extra Stop / Notes can take on del XXXX Storage phone number XXXX XXXX XXXX Details Job No : XXXX Estimate Date : XX/XX/XXXX Representative : XXXX XXXX XXXX XXXX : Residential Long Distance, XXXX miles Estimated Volume : 2904 lbs. ( 415 cf. ) Estimated Rate : {$0.00} per lbs Move Day : Monday/Tuesday Requested Move Date : XXXX Created on : XX/XX/XXXX Optional Service : XXXX XXXX XXXX XXXX XXXX XXXX {$1100.00} Relocation Estimate Total XXXX {$3500.00} XXXX Discount : 63.62 % - {$2200.00} Basic Estimate Price {$1300.00} Fuel Surcharge : 7.00 % {$91.00} 30 Free Days Of Storage/ free delivery {$0.00} 2nd stop at pickup XXXX XXXX miles {$310.00} Binding Estimate Fee {$700.00} Early Booking Discount - {$200.00} Basic Valuation Protection : {$0.00} per lbs. per article {$0.00} Total Moving Estimate {$2200.00} Customer Payment {$750.00} Full Value Protection Amount of Liability : {$17000.00} ( Optional ) Deductible Levels : {$0.00} {$250.00} {$500.00} {$750.00} {$1000.00} {$1500.00} Valuation Charge : {$0.00} {$0.00} {$470.00} {$0.00} {$0.00} {$0.00} Total Estimate Plus Valuation Charge : {$2200.00} {$2200.00} {$2600.00} {$2200.00} {$2200.00} {$2200.00} Customer 's Initials : x_________ x_________ x_________ x_________ x_________ x_________ WARNING : If a moving company loses or damages your goods, there are 2 different standards for the company`s liability based on the types of rates you pay. BY FEDERAL LAW, THIS FORM MUST CONTAIN A FILLED-IN ESTIMATE OF THE COST OF A MOVE FOR WHICH THE MOVING COMPANY IS LIABLE FOR THE FULL ( REPLACEMENT ) VALUE OF YOUR GOODS in the event of loss of, or damage to, the goods. This form may also contain an estimate of the cost of a move in which the moving company is liable for FAR LESS than the replacement value of your goods, typically at a lower cost to you. You will select the liability level later, on the bill of lading ( contract ) for your move. Before selecting a liability level, please read Your Rights and Responsibilities When You Move, and Ready to Move Brochure provided by the moving company, and seek further information at the government website www.protectyourmove.gov Understanding Your Estimate LONG DISTANCE This contract is between XXXX XXXX XXXX, and the Customer listed above. Based on the information and inventory provided by the customer, XXXX XXXX XXXX will provide the customer with all packing, moving, and storage services requested at the time this estimate was prepared and signed. Customer understands to notify us of any changes to the contract, including adding or removing any items, or should they require any additional services so we can make proper adjustments to the Scheduling, Pricing, Supplies, Inventory, or Pickup/Delivery changes with the goal to properly accommodate the customer.
This estimate includes the following : Professional Door to Door service.
Expert advice and guidance throughout the course of your move.
Disassembly of all standard furniture required for safe movement at the origin.
Reassembly for all items disassembled by the movers on the day of pick-up at destination.
Wrapping of all furniture with our own quilted moving blankets.
Itemized inventory indicating each item, and condition at origin of items.
Loading & unloading of all goods.
Price includes all taxes, tolls, mileage, and fuel surcharges.
Standard cargo insurance up to {$10000.00} No elevator charges.
No date change penalties as long as your request is made more than 7 days before your originally scheduled pick-up date.
Here is a list of any special costs. Please read carefully, and let us know ahead of time if any of these situations apply to your move : Specific situations where charges not documented may apply ; here is a guide of common occurrences. Please inform us ahead of time if you fit any of the following : Any additional packing or items that may need special crating ( if not already in estimate ) Antiques, Motorcycle, etc The loading of any bulky items ( Piano, Grandfather Clock, Kayak, etc. ) We offer full packing services if desired. If a full pack is included, XXXX XXXX XXXX will coordinate all labor and materials needed to professionally pack all your belongings. This includes all boxes, furniture, and delicate/fragile items. If more household items are added at time of pick up, then the total price for full service packing will be increased and adjusted by the rate already provided. The customer will receive a new written agreement at time of this revision.
Any specific delicate items not being packed by the customer. ( Televisions, Glass or Glass Table Tops, Marble, etc. ) A shuttle service can be set up if necessary. For instance, a semi can not fit down your narrow street or through your gate. If circumstances prohibit a semi-trailer to get close to the property for loading or unloading, a shuttle truck may be needed to complete the service. We will load up the smaller truck, and load the items onto the Semi from there. This may involve multiple trips. This can be arranged for a minimum charge of XXXX dollars for smaller truck and additional labor.
If there are more than one flight of stairs ( Up to 12 steps ), a fee of XXXX dollars per additional flight will be applied.
Long carry ( first 75 feet from front door are included ), anything after 75 feet will be re-adjusted by the XXXX.
XXXX XXXX XXXX will be sure to make your move an easy and informed process Call us directly for information about revisions to your contract.
Be sure to accept your paperwork and an itemized inventory on pickup.
If packing services are included in the estimate, please have the value of any specific valuable item written on the estimate.
TERMS AND CONDITIONS : THE PROVISIONS OF THIS AGREEMENT, INCLUDING THE TERMS AND CONDITIONS CONTAINED HEREIN, REPRESENT THE ENTIRE UNDERSTANDING AND AGREEMENT BETWEEN XXXX XXXX XXXX, ( HEREAFTER XXXX XXXX XXXX ) AND CUSTOMER WITH RESPECT TO THE SUBJECT MATTER HEREOF AND SUPERSEDES ALL OTHER NEGOTIATIONS, UNDERSTANDINGS, AND REPRESENTATIONS ( IF ANY ) MADE BY AND BETWEEN SUCH PARTIES, INCLUDING ANY REPRESENTATION MADE BY ANY ESTIMATOR. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF ANY ESTIMATE AND THE BILL OF LADING, THE TERMS OF THE BILL OF LADING SHALL CONTROL. THIS AGREEMENT MAY NOT BE AMENDED, SUPPLEMENTED OR WAIVED ORALLY, BUT ONLY IN WRITING, SIGNED BY BOTH XXXX XXXX XXXX AND THE CUSTOMER, AND MAKING SPECIFIC REFERENCE TO THIS AGREEMENT.
CUSTOMER MAY NOT ASSIGN ITS RIGHTS OR OBLIGATIONS UNDER THIS AGREEMENT WITHOUT THE PRIOR WRITTEN CONSENT OF XXXX XXXX XXXX.
NOTHING IN THIS AGREEMENT, WHETHER EXPRESSED OR IMPLIED, IS INTENDED TO CONFER ANY RIGHTS OR REMEDIES ON ANY PERSON OTHER THAN THE PARTIES HERETO AND THEIR RESPECTIVE LEGAL REPRESENTATIVES, HEIRS AND PERMITTED ASSIGNS, NOR IS ANYTHING IN THIS AGREEMENT INTENDED TO RELIEVE OR DISCHARGE THE OBLIGATION OR LIABILITY OF ANY THIRD PERSON TO ANY PARTY TO THIS AGREEMENT, NOR SHALL ANY PROVISION GIVE ANY THIRD PERSON ANY RIGHT OF SUBJUGATION OR ACTION OVER OR AGAINST ANY PARTY TO THIS AGREEMENT.
CUSTOMER HAS HIRED XXXX XXXX XXXX AS THEIR MOVING COORDINATOR/BROKER/SHIPPER AGENT, NOT TO HANDLE OR OTHERWISE PARTICIPATE IN THE MOVE AS LABOR OR CARRIER IN ACTING AS A SHIPPER AGENT ONLY, XXXX XXXX XXXX IS NOT RESPONSIBLE FOR ANY ACTS OR OMISSIONS OF THE CARRIER OR ITS EMPLOYEES OR AGENTS. CUSTOMER MUST PURSUE THE CARRIER FOR ALL CLAIMS FOR PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH, INCLUDING WITHOUT LIMITATION, ANY CLAIMS FOR DAMAGE TO PROPERTY, STOLEN GOODS, LOST ITEMS, DELAYED PICKUP OR DELIVERY, ACTIONS OF ESTIMATORS, DRIVERS, PACKERS, OR MOVERS. XXXX XXXX XXXX WILL ACT ON BEHALF OF THE CUSTOMER IN RESOLVING ANY CLAIMS OR DELAY ISSUES WITH THE CARRIER, THE CARRIER 'S MAXIMUM LIABILITY IS LIMITED TO THE LESSER OF THE FOLLOWING : ( A ) THE AMOUNT OF THE ACTUAL LOSS OR DAMAGE, ( B ) AN AMOUNT EQUAL TO XXXX XXXX ( XXXX XXXX ) PER POUND MULTIPLIED BY THE ACTUAL WEIGHT ( IN POUNDS ) OF THE LOST OR DAMAGED ARTICLE ; OR ( C ) THE LUMP SUM DECLARED VALUE.
AS A PROPERLY LICENSED INTERSTATE MOVING COORDINATOR/BROKER/SHIPPER AGENT, XXXX XXXX XXXX IS NOT A MOTOR CARRIER AND WILL NOT TRANSPORT AN INDIVIDUAL CUSTOMER/SHIPPER 'S HOUSEHOLD GOODS, BUT WILL COORDINATE AND ARRANGE FOR THE TRANSPORTATION OF HOUSEHOLD GOODS BY ANY XXXX AUTHORIZED MOTOR CARRIER, WHOSE CHARGES WILL BE DETERMINED BY ITS PUBLISHED TARIFF. ALL ESTIMATED CHARGES AND FINAL ACTUAL CHARGES WILL BE BASED UPON THE CARRIER 'S TARIFF WHICH IS AVAILABLE FOR INSPECTION FROM THE CARRIER UPON REASONABLE REQUEST. DUE TO THE SITUATIONS BEYOND OUR CONTROL SUCH AS BUT NOT LIMITED TO INCLEMENT WEATHER, MECHANICAL ISSUES XXXX ROAD CONSTRUCTION, REMOTE PICKUPS OR DROP OFF LOCATIONS, DIFFICULT OR LIMITED LANES OF TRAVEL, ETC, WE DO LEAVE A THREE DAY WINDOW FOR ANY PICKUP OR DROP OFF DATES GIVEN. XXXX XXXX XXXX AGREES TO FACILITATE THE MOVE OF YOUR HOUSEHOLD ITEMS AS PROMPTLY AS POSSIBLE AND IN ACCORDANCE WITH THE INFORMATION PROVIDED REGARDING YOUR ITEMS MOVING FROM ORIGIN TO DESTINATION.
CUSTOMER WILL BE SUBJECT TO ALL APPLICABLE LAWS AND THE GENERAL TERMS AND CONDITIONS OF THE CARRIER, WHICH SHALL INCLUDE WITHOUT LIMITATION, A REQUIREMENT THAT PAYMENT IN FULL OF ALL CHARGES IS DUE BEFORE UNLOADING OF THE GOODS IN ACCORDANCE WITH THE CARRIERS LAWFUL LIEN ON THE PROPERTY.
AS THE CUSTOMER, I AGREE TO PAY THE TOTAL CHARGES FOR THE MOVING COORDINATOR SERVICES TO BE PROVIDED BY XXXX XXXX XXXX. I UNDERSTAND AND AGREE THAT MY DEPOSIT/FEE REPRESENTS ONLY A PORTION OF MY TOTAL ESTIMATED MOVING SERVICE CHARGES, FOR SCHEDULING, RESERVATION, AND ROUTING PURPOSES. MY DEPOSIT IS NON REFUNDABLE AFTER PLACING THE RESERVATION FOR SCHEDULING PURPOSES. ANY CANCELLATION WITHIN SEVENTY-TWO HOURS OF PLACING MY RESERVATION WITH XXXX XXXX XXXX, CUSTOMER MUST SEND AN EMAIL TO XXXX.
EXPLAINING ANY REASONS FOR THE CANCELLATION. ALL REQUESTS TO CHANGE MY PICK UP DATE, OR PLACE THE MOVE ON HOLD, MUST BE MADE AT LEAST SEVEN BUSINESS DAYS ( SATURDAYS, SUNDAYS, AND HOLIDAYS EXCLUDED ) PRIOR TO THE PACK OR LOAD DATE ( WHICHEVER APPLIES ) LISTED ABOVE OR SUBJECTED TO A MINIMUM OF XXXX XXXX DOLLAR RESCHEDULING FEE COLLECTED FROM THE CUSTOMER. I AM ENTITLED TO RECEIVE A CREDIT OF MY DEPOSIT FOR A FUTURE INTERSTATE MOVE WHICH I CAN USE WITHIN A TWELVE MONTH PERIOD FROM THE DATE OF MY ORIGINAL RESERVATION. ALL DEPOSITS WILL SHOW ON YOUR BILLING CYCLE UNDER XXXX XXXX XXXX.
CUSTOMER HAS ELECTED A " BINDING '' PRICE, THE TOTAL COST WILL NOT EXCEED THE ESTIMATED AMOUNT ; PROVIDED, HOWEVER THAT THE CUSTOMER PROVIDES XXXX XXXX XXXX WITH AN ACCURATE DESCRIPTION OF THE ITEMS TO BE MOVED, AND THE SERVICES TO BE PERFORMED. CUSTOMER HAS REQUESTED TO HAVE AN ESTIMATE PROVIDED FOR HIS/HER HOUSEHOLD GOODS RELOCATION, IN ACCORDANCE WITH THE 49 CFR 371.113 ( C ) ( 1 ), CUSTOMER AGREES TO WAIVE A PHYSICAL SURVEY OF THE HOUSEHOLD GOODS, AND ALTERNATIVELY AGREES TO RECEIVE A BINDING ESTIMATE BASED UPON THE SHIPPER PROVIDED ITEM LIST OF PROPERTY TO BE TRANSPORTED. IF ANY ADDITIONAL PIECES, PACKING SERVICES, WEIGHT, OR LABOR SERVICES ARE ADDED AT THE ORIGIN OR DESTINATION TO THOSE QUOTED, THE CUSTOMER SHALL BE CHARGED FOR THESE SERVICES AT THE GOVERNING TARIFF RATES. CUSTOMER UNDERSTANDS THAT XXXX XXXX XXXX HAS A TWO THOUSAND POUND MINIMUM ON ALL SHIPMENTS, ANY SHIPMENT BELOW TWO THOUSAND POUNDS WILL BE CHARGED AT THE TWO THOUSAND POUND RATE. THE PRICE INCLUDES ALL FUEL SURCHARGES, TOLLS, LOADING AND UNLOADING, BASIC DISASSEMBLY AND REASSEMBLY OF STANDARD FURNITURE ITEMS, UP TO SEVENTY_FIVE FEET FROM FRONT DOOR OF LONG CARRY AT ORIGIN AND DESTINATION, AND ONE FLIGHT OF STAIRS ( TWELVE STEPS ). ELABORATE FURNITURE ITEMS THAT NEED TO BE DISASSEMBLED AND/OR REASSEMBLED MAY REQUIRE THIRD PARTY SERVICING OR ADDITIONAL LABOR AND SHOULD BE DISCLOSED TO YOUR ESTIMATOR AND INCLUDED IN YOUR ESTIMATE. DISCONNECTING AND/OR RECONNECTING OF APPLIANCES IS NOT INCLUDED IN THE PRICE. REASSEMBLY IS SUBJECT TO THE AVAILABILITY OF TOOLS, AND/OR ALL PARTIES BEING AVAILABLE. THE PACKING AND UNPACKING OF BOXES IS ONLY INCLUDED IN THE PRICE IF IT IS ITEMIZED IN THE PACKING AND UNPACKING SECTION OF YOUR ESTIMATE ; ALL MATERIALS/LABOR FOR UNDISCLOSED ITEMS WILL BE EXTRA.
ALL OF THE TERMS AND PROVISIONS OF THIS AGREEMENT, WHETHER SO EXPRESSED OR NOT, SHALL BE BINDING UPON, INURE TO THE BENEFIT OF, AND BE ENFORCEABLE BY THE PARTIES AND THEIR RESPECTIVE ADMINISTRATORS, EXECUTORS, LEGAL REPRESENTATIVES, HEIRS, SUCCESSORS, AND PERMITTED ASSIGNS.
CUSTOMER SHALL INDEMNIFY AND HOLD HARMLESS XXXX XXXX XXXX AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES FROM AND AGAINST ANY AND ALL ACTIONS, CLAIMS, SUITS, LIABILITIES, PROCEEDINGS, PENALTIES, FINES, COSTS, AND EXPENSES ( INCLUDING ALL REASONABLE ATTORNEY FEES ) RELATING DIRECTLY OR INDIRECTLY FROM ANY BREACH OF THIS AGREEMENT BY THE CUSTOMER.
IT IS AGREED BY THE PARTIES AS MANDATORY THAT THIS AGREEMENT SHALL BE GOVERNED BY THE INTERNAL LAWS OF THE STATE OF FLORIDA WITHOUT REGARD TO THE PRINCIPLES OF CONFLICTS OF LAW. ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE BROUGHT IN THE COURTS OR RECORD OF THE STATE OF FLORIDA OR IN THE COURT OF THE UNITED STATES. IF ANY PARTY DOES NOT HAVE A REGISTERED AGENT TO ACCEPT SERVICE OR PROCESS IN FLORIDA OR IS NOT OTHERWISE SUBJECT TO SERVICE AFTER REASONABLE ATTEMPTS, THEN SUCH PARTY AGREES TO ACCEPT SERVICE OR PROCESS BY U.S. MAIL.
IN THE EVENT OF ANY CONTROVERSY ARISING UNDER OR RELATING TO THE INTERPRETATION OR IMPLEMENTATION OF THIS AGREEMENT OR ANY BREACH THEREOF, XXXX XXXX XXXX SHALL BE ENTITLED TO RECOVER ALL OF ITS COURT COSTS, COLLECTION FEES, EXPENSES, AND REASONABLE ATTORNEY 'S FEES ( INCLUDING, WITHOUT LIMITATION, ALL PRETRIAL, TRIAL, AND APPELLATE PROCEEDINGS ), IN ADDITION TO ANY OTHER RELIEF TO WHICH IT MAY BE ENTITLED. IN THE EVEN THAT XXXX XXXX XXXX PURSUES THE COLLECTION OF ANY AMOUNTS DUE TO IT UNDER THIS AGREEMENT, XXXX XXXX XXXX XXXX RECOVER FULL TARIFF RATE ON ALL GOODS AND SERVICES PROVIDED, IN ADDITION TO ALL OTHER REMEDIES AVAILABLE TO IT AT LAW AND IN EQUITY.
ALL PICKUP, LOAD AND/OR DELIVERY DATES ARE ESTIMATES. XXXX XXXX XXXX IS NOT RESPONSIBLE FOR LOSS OR DAMAGE INCURRED BY UNAVOIDABLE DELAY, XXXX XXXX XXXX WILL ALWAYS ACT ON BEHALF OF THE CUSTOMER IN RESOLVING ANY CLAIMS OR DELAY ISSUES WITH THE ASSIGNED CARRIER. THERE ARE ABSOLUTELY NO GUARANTEES MADE, EXPRESSED OR IMPLIED REGARDING TIME FOR PACKING, LOADING, AND/OR DELIVERY DATES.
MOTOR CARRIER NEUTRAL ARBITRATION PROGRAM : THE MOTOR CARRIERS NEUTRAL ARBITRATION PROGRAM HAS BEEN DESIGNED TO GIVE NEITHER PARTY ANY SPECIAL ADVANTAGE. IF A DISPUTE ARISES BETWEEN THE CARRIER AND THE SHIPPER, ARBITRATION MAY BE A MUTUALLY BENEFICIAL ALTERNATIVE TO HELP RESOLVE THE DISPUTE. SECTION 49 U.S.C. SECTIONS 375.211 PROVIDES THAT A MOVER MUST HAVE A PROGRAM IN PLACE TO PROVIDE SHIPPERS WITH AN ARBITRATION ALTERNATIVE. ARBITRATION IS OPTIONAL AND NOT REQUIRED UNDER FEDERAL LAW, SUMMARY OF THE ARBITRATION PROCESS : ARBITRATION IS AN ALTERNATIVE TO COURTROOM LITIGATION. IT PROVIDES EACH PARTY TO THE DISPUTE TO PRESENT THEIR CASE AND ALLOWS A NEUTRAL THIRD PARTY ARBITRATOR TO MAKE DECISIONS AS TO THE MERIT OF EACH SIDES CASE. ARBITRATION SUBJECT TO THIS AGREEMENT SHALL BE CONDUCTED VIA WRITTEN SUBMISSIONS AND, SUBJECT TO THE ARBITRATORS DISCRETION, THROUGH TELEPHONIC APPEARANCE. AFTER THE INITIAL FILING FEES HAVE BEEN PAID AND THE ARBITRATOR SELECTED, THE INITIATING PARTY OR ( CLAIMANT ) MUST SUBMIT A WRITTEN BRIEF SUMMARIZING THEIR LEGAL POSITION AND FACTUAL CLAIMS. ALL SUPPORTING DOCUMENTATION MUST BE INCLUDED WITH THE INITIAL ARBITRATION BRIEF. COPIES OF ALL DOCUMENTS MUST BE SUBMITTED TO ALL PARTIES INVOLVED IN THE ARBITRATION. UPON RECEIPT OF THE CLAIMANTS ARBITRATION BRIEF AND SUPPORTING DOCUMENTS, THE RESPONDING PARTY OR ( RESPONDENT ) WILL HAVE 30 DAYS TO FILE THEIR RESPONSIVE ARBITRATION BRIEF AND SUPPORTING DOCUMENTATION. FURTHER DEADLINES AND TIMETABLES ARE SUBJECT TO THE ARBITRATORS DISCRETION. LEGAL EFFECTS ; IF THE ARBITRATION ALTERNATIVE IS CHOSEN, THEN ANY DECISION MADE BY THE ARBITRATOR MAY BE BINDING. ADDITIONALLY, AN ARBITRATION DECISION MAY NOT BE APPEALED IN A COURT OF LAW. ALL PARTIES AGREE THAT THE ARBITRATORS DECISION WILL BE BASED EXCLUSIVELY ON THE GOVERNING UNITED STATES FEDERAL LAW WITHOUT REGARD TO CONFLICTING STATE LAWS OR REGULATIONS. APPLICABLE COSTS EACH PARTY IS RESPONSIBLE FOR THEIR OWN COST ASSOCIATED WITH ARBITRATION. A BENEFIT TO THE ARBITRATION ALTERNATIVE MAY BE THAT IT IS LESS EXPENSIVE THAN TRADITIONAL LITIGATION. EACH PARTY IS RESPONSIBLE FOR XXXX PERCENT OF THE COST ASSOCIATED WITH SECURING THE ARBITRATOR AND ONE HUNDRED PERCENT OF THEIR OWN EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEY FEES.
UPON BOOKING, UP TO ONE HUNDRED PERCENT DEPOSIT FEE OF TOTAL MOVE COST IS POSSIBLE TO BE PAID BY CREDIT CARD ( VISA, MASTERCARD, XXXX, OR VIRTUAL CHECK ) OR BANK WIRE AND OR DIRECT DEPOSIT INTO COMPANY ACCOUNT. UPON PICKUP, CARRIER MAY COLLECT UP TO SEVENTY PERCENT OF ANY REMAINING BALANCE, IF THE CUSTOMER IS GOING TO THIRTY DAYS OF STORAGE OR LONGER. PAYMENT WILL BE DUE IN THE FORM OF CASH, CERTIFIED CHECK, POSTAL MONEY ORDER. THE REMAINING BALANCE MUST BE PAID IN FULL UPON DELIVERY BY CASH OR POSTAL MONEY ORDER. THE CARRIER RESERVES THE RIGHT TO COLLECT UP TO SEVENTY PERCENT OF ANY REMAINING BALANCE DUE PRIOR TO THE GOODS LEAVING THE ORIGIN STATE. SUBJECT TO FEDERAL LAW, PAYMENT IN FULL OF ALL CHARGES IS REQUIRED BEFORE DELIVERY AND PRIOR TO UNLOADING.
THE CUSTOMER UNDERSTAND AND AGREES THAT SHOULD THE CUSTOMER FAIL TO EXECUTE OR RETURN THIS AGREEMENT, BY ALLOWING A CARRIER DESIGNATED BY XXXX XXXX XXXX TO PICK UP THE CUSTOMERS BELONGINGS, THE CUSTOMER EXPRESSLY AGREES AND CONSENTS TO THE TERMS CONTAINED IN THIS AGREEMENT.
CUSTOMER HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES THE RIGHT OT A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HERON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THE GOODS AND SERVICES OBTAINED HERE UNDER, THE MOVE, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS ( VERBAL OR WRITTEN ) OR ACTIONS OF XXXX XXXX XXXX OR THE MOVER. CUSTOMER ACKNOWLEDGES THAT THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT TO XXXX XXXX XXXX TO ENTER INTO THIS AGREEMENT.
THE CUSTOMER AGREES THAT FAILURE TO PROVIDE WRITTEN DOCUMENTATION TO XXXX CLAIMING THAT THE TERMS AND CONDITIONS WERE NOT ADHERED TO BY XXXX XXXX XXXX FORFEITS THE RIGHT TO DISPUTE THIS CLAIM WITH THEIR ISSUING CARD PROVIDER.
AS THE CUSTOMER, I AGREE THAT ANY REFUSAL OR DENIAL OF SERVICE, EITHER VERBALLY, IN PERSON, OR OVER THE PHONE, WILL BE TREATED AS A LATE CANCELLATION MADE OUTSIDE OF THE CANCELLATION WINDOW. IF THE CARRIER ARRIVES TO MY HOME AND THE CUSTOMER REFUSES TO BE SERVICED, THE CUSTOMER UNDERSTANDS THEIR DEPOSIT WILL BE FORFEITED IN FULL FOR SCHEDULING, RESERVATION, AND TIME SPENT PURPOSES. I UNDERSTAND THAT NO REFUND WILL BE ISSUED IF I REFUSE OR DENY SERVICE ON THE DAY OF PICK UP. IF I CLAIM THAT SERVICE WAS NOT RENDERED I MUST PROVIDE NOTICE OF ANY SERVICE FAILURE MADE BY XXXX XXXX XXXX IN WRITING TO XXXX.
ANY CANCELLATION MADE WITHIN FOURTEEN BUSINESS DAYS OF PICKUP DATE, AFTER A CARRIER HAS BEEN ASSIGNED AND DISPATCHED, WILL ALSO BE TREATED AS A LATE CANCELLATION, AND RESULT IN FORFEIT OF DEPOSIT. IF CUSTOMER BOOKS THEIR MOVE WITHIN FOURTEEN BUSINESS DAYS OF PICKUP DATE, THE SEVENTY TWO HOUR WINDOW IS NULL AND VOID DUE TO IMMEDIATE SCHEDULING AND RESERVATION REASONS. A TEN PERCENT CANCELLATION FEE OF THE DEPOSIT WILL BE CHARGED ON ALL CREDIT CARD REFUNDS.
XXXX XXXX XXXX IS NOT REQUIRED TO PROVIDE PROOF OF SERVICE DENIAL, THIS WILL BE THE CUSTOMERS RESPONSIBILITY. AS THE CUSTOMER, I AGREE TO THE APPLICABLE TERMS AND CONDITIONS RELATING TO PICKUP AND DELIVERY DATES DETAILED IN SECTION FOURTEEN. I AGREE THAT XXXX XXXX XXXX DOES NOT HAVE THE ABILITY TO OBTAIN SIGNED DOCUMENTATION VERIFYING A SERVICE REFUSAL. AS THE CUSTOMER, I AGREE THAT XXXX XXXX XXXX WILL NOT BE REQUIRED TO PROVIDE PROOF OF SERVICE IN THE CASE OF A SERVICE DENIAL OR REFUSAL OF SERVICE. XXXX XXXX XXXX FOR SCHEDULING AND DISPATCH PURPOSES, RESERVES THE RIGHT TO RETAIN THE DEPOSIT OF THE CUSTOMER WHO VERBALLY REFUSES OR DENIES SERVICE WITHOUT WRITTEN DOCUMENTATION.
IN SIGNING THIS AGREEMENT I, THE CUSTOMER, AGREE THAT XXXX XXXX XXXX HAS PROVIDED ME WITH A DATED COPY OF THE ESTIMATE AND CHARGES AT THE TIME I SIGNED THE AGREEMENT. XXXX XXXX XXXX HAS PROVIDED ME WITH NOTIFICATION OF THE METHODS OF PAYMENT REQUIRED TO PAY THE MOTOR CARRIER FOR BALANCES DUE. ALL COSTS AND CHARGES ARE CLEARLY INDICATED IN THIS ESTIMATE, AND THE CHARGES REPRESENTED ON THIS ESTIMATE ARE ONLY FOR THE SERVICES AND INVENTORY SPECIFICALLY INDICATED ON THIS ESTIMATE. XXXX XXXX XXXX EXPRESSED THEIR ROLE AS A MOVING COORDINATOR/BROKER/SHIPPER AGENT TO ME PRIOR TO PLACING THIS RESERVATION.
BOTH XXXX XXXX XXXX AND THE CUSTOMER AGREE TO ADHERE TO THIS CONTRACT IN ITS ENTIRETY, AND XXXX XXXX XXXX FULL INTENTIONS ARE TO MAKE THE CUSTOMERS MOVING EXPERIENCE WORRY FREE. WE APPRECIATE YOUR BUSINESS, YOU ARE A VALUED CUSTOMER.
Articles List 16 Items, 47 Pieces Qty Items 1 ANTIQU DESK 1 BED - BOX SPRING 1 BED FRAME 10 BOX, MEDIUM PBO 18X18X18 1 BUFFET, BASE 1 CHAIR, CLUB Qty Items 1 CHAIR, WINGBACK 1 CHEST OF DRAWERS, SMALL 1 CHEST, CEDAR 1 DRESSER, SINGLE 1 HUTCH Qty Items 2 MIRROR, LG.
20 PLASTIC BIN, MED.
2 SOFA, 2 LOVESEAT 2 TABLE, END 1 VANITY, DRESSER Packing Material List Qty Material Unit Price $ Qty Material Unit Price $ Qty Material Unit Price $ Click on Online Electronic Signature to confirm your move online.
-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- Binding Moving Estimate Reference No : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX FL XXXX XXXX DOT : XXXX MC : XXXX Customer Rep : XXXX XXXX Phone : ( XXXX ) XXXX Ext. XXXX Email : XXXX Web : XXXX XXXX XXXX Relocation Details Job No : XXXX Estimate Date : XX/XX/XXXX Representative : XXXX XXXX XXXX XXXX : Residential Long Distance, 729 miles Estimated Volume : 2904 lbs. ( 415 cf. ) Estimated Rate : {$0.00} per lbs Move Day : Monday/Tuesday Requested Move Date : XXXX Created on : XX/XX/XXXX Optional Service : Auto Transport XXXX XXXX XXXX XXXX {$1100.00} Relocation Estimate Total XXXX {$3500.00} XXXX Discount : 63.62 % - {$2200.00} Basic Estimate Price {$1300.00} Fuel Surcharge : 7.00 % {$91.00} XXXX Free Days Of Storage/ free delivery {$0.00} 2nd stop at pickup Rockport XXXX miles {$310.00} Binding Estimate Fee {$700.00} Early Booking Discount - {$200.00} Basic Valuation Protection : {$0.00} per lbs. per article {$0.00} Total Moving Estimate {$2200.00} Customer Payment {$750.00} Full Value Protection Amount of Liability : {$17000.00} ( Optional ) Deductible Levels : {$0.00} {$250.00} {$500.00} {$750.00} {$1000.00} {$1500.00} Valuation Charge : {$0.00} {$0.00} {$470.00} {$0.00} {$0.00} {$0.00} Total Estimate Plus Valuation Charge : {$2200.00} {$2200.00} {$2600.00} {$2200.00} {$2200.00} {$2200.00} Customer 's Initials : x_________ x_________ x_________ x_________ x_________ x_________ WARNING : If a moving company loses or damages your goods, there are 2 different standards for the company`s liability based on the types of rates you pay. BY FEDERAL LAW, THIS FORM MUST CONTAIN A FILLED-IN ESTIMATE OF THE COST OF A MOVE FOR WHICH THE MOVING COMPANY IS LIABLE FOR THE FULL ( REPLACEMENT ) VALUE OF YOUR GOODS in the event of loss of, or damage to, the goods. This form may also contain an estimate of the cost of a move in which the moving company is liable for FAR LESS than the replacement value of your goods, typically at a lower cost to you. You will select the liability level later, on the bill of lading ( contract XXXX for your move. Before selecting a liability level, please read Your Rights and Responsibilities When You Move, and Ready to Move Brochure provided by the moving company, and seek further information at the government website www.protectyourmove.gov Understanding Your Estimate LONG DISTANCE This contract is between XXXX XXXX XXXX, and the Customer listed above. Based on the information and inventory provided by the customer, XXXX XXXX XXXX will provide the customer with all packing, moving, and storage services requested at the time this estimate was prepared and signed. Customer understands to notify us of any changes to the contract, including adding or removing any items, or should they require any additional services so we can make proper adjustments to the Scheduling, Pricing, Supplies, Inventory, or Pickup/Delivery changes with the goal to properly accommodate the customer.
This estimate includes the following : Professional Door to XXXX service.
Expert advice and guidance throughout the course of your move.
Disassembly of all standard furniture required for safe movement at the origin.
Reassembly for all items disassembled by the movers on the day of pick-up at destination.
Wrapping of all furniture with our own quilted moving blankets.
Itemized inventory indicating each item, and condition at origin of items.
Loading & unloading of all goods.
Price includes all taxes, tolls, mileage, and fuel surcharges.
Standard cargo insurance up to {$10000.00} No elevator charges.
No date change penalties as long as your request is made more than 7 days before your originally scheduled pick-up date.
Here is a list of any special costs. Please read carefully, and let us know ahead of time if any of these situations apply to your move : Specific situations where charges not documented may apply ; here is a guide of common occurrences. Please inform us ahead of time if you fit any of the following : Any additional packing or items that may need special crating ( if not already in estimate ) Antiques, Motorcycle, etc The loading of any bulky items ( Piano, Grandfather Clock, Kayak, etc. ) We offer full packing services if desired. If a full pack is included, XXXX XXXX XXXX will coordinate all labor and materials needed to professionally pack all your belongings. This includes all boxes, furniture, and delicate/fragile items. If more household items are added at time of pick up, then the total price for full service packing will be increased and adjusted by the rate already provided. The customer will receive a new written agreement at time of this revision.
Any specific delicate items not being packed by the customer. ( Televisions, Glass or Glass Table Tops, Marble, etc. ) A shuttle service can be set up if necessary. For instance, a semi can not fit down your narrow street or through your gate. If circumstances prohibit a semi-trailer to get close to the property for loading or unloading, a shuttle truck may be needed to complete the service. We will load up the smaller truck, and load the items onto the Semi from there. This may involve multiple trips. This can be arranged for a minimum charge of 300 dollars for smaller truck and additional labor.
If there are more than one flight of stairs ( Up to 12 steps ), a fee of XXXX dollars per additional flight will be applied.
Long carry ( first 75 feet from front door are included ), anything after 75 feet will be re-adjusted by the XXXX.
XXXX XXXX XXXX will be sure to make your move an easy and informed process Call us directly for information about revisions to your contract.
Be sure to accept your paperwork and an itemized inventory on pickup.
If packing services are included in the estimate, please have the value of any specific valuable item written on the estimate.
TERMS AND CONDITIONS : THE PROVISIONS OF THIS AGREEMENT, INCLUDING THE TERMS AND CONDITIONS CONTAINED HEREIN, REPRESENT THE ENTIRE UNDERSTANDING AND AGREEMENT BETWEEN XXXX XXXX XXXX, ( HEREAFTER XXXX XXXX XXXX ) AND CUSTOMER WITH RESPECT TO THE SUBJECT MATTER HEREOF AND SUPERSEDES ALL OTHER NEGOTIATIONS, UNDERSTANDINGS, AND REPRESENTATIONS ( IF ANY ) MADE BY AND BETWEEN SUCH PARTIES, INCLUDING ANY REPRESENTATION MADE BY ANY ESTIMATOR. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF ANY ESTIMATE AND THE BILL OF LADING, THE TERMS OF THE BILL OF LADING SHALL CONTROL. THIS AGREEMENT MAY NOT BE AMENDED, SUPPLEMENTED OR WAIVED ORALLY, BUT ONLY IN WRITING, SIGNED BY BOTH XXXX XXXX XXXX AND THE CUSTOMER, AND MAKING SPECIFIC REFERENCE TO THIS AGREEMENT.
CUSTOMER MAY NOT ASSIGN ITS RIGHTS OR OBLIGATIONS UNDER THIS AGREEMENT WITHOUT THE PRIOR WRITTEN CONSENT OF XXXX XXXX XXXX.
NOTHING IN THIS AGREEMENT, WHETHER EXPRESSED OR IMPLIED, IS INTENDED TO CONFER ANY RIGHTS OR REMEDIES ON ANY PERSON OTHER THAN THE PARTIES HERETO AND THEIR RESPECTIVE LEGAL REPRESENTATIVES, HEIRS AND PERMITTED ASSIGNS, NOR IS ANYTHING IN THIS AGREEMENT INTENDED TO RELIEVE OR DISCHARGE THE OBLIGATION OR LIABILITY OF ANY THIRD PERSON TO ANY PARTY TO THIS AGREEMENT, NOR SHALL ANY PROVISION GIVE ANY THIRD PERSON ANY RIGHT OF SUBJUGATION OR ACTION OVER OR AGAINST ANY PARTY TO THIS AGREEMENT.
CUSTOMER HAS HIRED XXXX XXXX XXXX AS THEIR MOVING COORDINATOR/BROKER/SHIPPER AGENT, NOT TO HANDLE OR OTHERWISE PARTICIPATE IN THE MOVE AS LABOR OR CARRIER IN ACTING AS A SHIPPER AGENT ONLY, XXXX XXXX XXXX IS NOT RESPONSIBLE FOR ANY ACTS OR OMISSIONS OF THE CARRIER OR ITS EMPLOYEES OR AGENTS. CUSTOMER MUST PURSUE THE CARRIER FOR ALL CLAIMS FOR PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH, INCLUDING WITHOUT LIMITATION, ANY CLAIMS FOR DAMAGE TO PROPERTY, STOLEN GOODS, LOST ITEMS, DELAYED PICKUP OR DELIVERY, ACTIONS OF ESTIMATORS, DRIVERS, PACKERS, OR MOVERS. XXXX XXXX XXXX WILL ACT ON BEHALF OF THE CUSTOMER IN RESOLVING ANY CLAIMS OR DELAY ISSUES WITH THE CARRIER, THE CARRIER 'S MAXIMUM LIABILITY IS LIMITED TO THE LESSER OF THE FOLLOWING : ( A ) THE AMOUNT OF THE ACTUAL LOSS OR DAMAGE, ( B ) AN AMOUNT EQUAL TO XXXX XXXX ( XXXX XXXX ) PER POUND MULTIPLIED BY THE ACTUAL WEIGHT ( IN POUNDS ) OF THE LOST OR DAMAGED ARTICLE ; OR ( C ) THE LUMP SUM DECLARED VALUE.
AS A PROPERLY LICENSED INTERSTATE MOVING COORDINATOR/BROKER/SHIPPER AGENT, XXXX XXXX XXXX IS NOT A MOTOR CARRIER A
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- Mortgage
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Older American, Servicemember |
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XXXX XXXX XXXX and its subsidiaries never ever respond to clients. They intentionally failing borrowers at every stage of the mortgage servicing process. The modification was designed to help people and Ocwen tried to defraud people by increasing the monthly payments by 1700 % This is a criminal organization that must be closed. Ocwens years of widespread errors, shortcuts, and runarounds cost some borrowers money and others their homes. Ocwen allegedly botched basic functions like sending accurate monthly statements, properly crediting payments, and handling taxes and insurance. Allegedly, Ocwen also illegally foreclosed on a top-secret close door against XX/XX/XXXX foreclosure act and after it they find the proper moment to go in the house illegal and criminal and loot the entire property in case you complain too much. on struggling borrowers, ignored customer complaints, and sold off the servicing rights to loans without fully disclosing the mistakes it made in borrowers records. The NY. PA, Florida Attorney General took a similar action against Ocwen today in a separate lawsuit. Many state financial regulators are also independently issuing cease-and-desist and license revocation orders against Ocwen for escrow management and licensing issues today.
" Ocwen has repeatedly made mistakes and taken shortcuts at every stage of the mortgage servicing process, costing some consumers money and others their homes, '' said CFPB Director XXXX XXXX. " Borrowers have no say over who services their mortgage, so the Bureau will remain vigilant to ensure they get fair treatment. '' Ocwen, headquartered in XXXX XXXX XXXX, Fla., is one of the nations largest nonbank mortgage servicers. As of XXXX XXXX, XXXX, Ocwen serviced almost XXXX XXXX loans with an aggregate unpaid principal balance of {$200.00} XXXX. It services loans for borrowers in all 50 states and the District of Columbia. A mortgage servicer collects payments from the mortgage borrower and forwards those payments to the owner of the loan. It handles customer service, collections, loan modifications, and foreclosures. Ocwen specializes in servicing subprime or delinquent loans.
////////////////////////////////////////////////////////////////////////////////////////////////////////////// CFPB, State Authorities Order Ocwen to Provide {$2.00} XXXX in Relief to Homeowners for Servicing Wrongs XX/XX/XXXX Share this Share on XXXX Share on Twitter Share on XXXX Share on email Largest Nonbank Servicer Will Also Refund {$120.00} XXXX to Foreclosure Victims and Adhere to Significant New Homeowner Protections WASHINGTON, XXXX Today, the Consumer Financial Protection Bureau ( CFPB ), authorities in 49 states, and the District of Columbia filed a proposed court order requiring the countrys largest nonbank mortgage loan servicer, XXXX XXXX XXXX, and its subsidiary, Ocwen Loan Servicing, to provide {$2.00} XXXX in principal reduction to underwater borrowers. The consent order addresses Ocwens systemic misconduct at every stage of the mortgage servicing process. Ocwen must also refund {$120.00} XXXX to the nearly 185,000 borrowers who have already been foreclosed upon and it must adhere to significant new homeowner protections.
Deceptions and shortcuts in mortgage servicing will not be tolerated, said CFPB Director XXXX XXXX. Ocwen took advantage of borrowers at every stage of the process. Todays action sends a clear message that we will be vigilant about making sure that consumers are treated with the respect, dignity, and fairness they deserve.
The proposed Ocwen Consent Order is available at : http : //files.consumerfinance.govXXXX Ocwen, a publicly traded Florida corporation headquartered in XXXX, Ga., is the largest nonbank mortgage servicer and the fourth-largest servicer overall in the United States. As a mortgage servicer, it is responsible for collecting payments from the mortgage borrower and forwarding those payments to the owner of the loan. It handles customer service, collections, loan modifications, and foreclosures.
Ocwen specializes in servicing subprime or delinquent loans and places a major emphasis on resolving delinquency through loss mitigation or foreclosure. In recent years, it has acquired competitors including XXXX XXXX XXXX XXXX ( formerly American Home Mortgage Servicing Inc. ) and XXXX XXXX XXXX XXXX. It has also acquired the mortgage servicing rights from the portfolios of some of the countrys largest banks.
The CFPB is charged with enforcing the Dodd-Frank Wall Street Reform and Consumer Protection Act which protects consumers from unfair, deceptive, or abusive acts or practices by mortgage servicers whether they are a bank or nonbank. State financial regulators, state attorneys general, and the CFPB uncovered substantial evidence that Ocwen violated state laws and the Dodd-Frank Act.
In early XXXX, examinations by the XXXX XXXX XXXX, which is comprised of state financial regulators, identified potential violations at Ocwen. In addition, the Federal Trade Commission referred its investigation of Ocwen to the CFPB after the Bureau opened in XX/XX/XXXX. The Bureau then teamed with state attorneys general and state regulators to investigate and resolve the issues identified. Todays settlement is a multi-jurisdictional collaborative effort.
Borrowers Pushed into Foreclosure by Servicing Errors The CFPB and its partner states believe that Ocwen was engaged in significant and systemic misconduct that occurred at every stage of the mortgage servicing process. According to the complaint filed in the federal district court in the District of Columbia, Ocwens violations of consumer financial protections put thousands of people across the country at risk of losing their homes. Specifically, the complaint says that Ocwen : Took advantage of homeowners with servicing shortcuts and unauthorized fees : Customers relied on Ocwen to, among other things, treat them fairly, give them accurate information, and appropriately charge for services. According to the complaint, Ocwen violated the law in a number of ways, including : o Failing to timely and accurately apply payments made by borrowers and failing to maintain accurate account statements ; o Charging borrowers unauthorized fees for default-related services ; o Imposing force-placed insurance on consumers when Ocwen knew or should have known that they already had adequate home-insurance coverage ; and o Providing false or misleading information in response to consumer complaints.
Deceived consumers about foreclosure alternatives and improperly denied loan modifications : Struggling homeowners generally turn to mortgage servicers, the link to the owners of the loans, as their only means of developing a plan for payment. Ocwen failed to effectively assist, and in fact impeded, struggling homeowners trying to save their homes. This included : o Failing to provide accurate information about loan modifications and other loss mitigation services ; o Failing to properly process borrowers applications and calculate their eligibility for loan modifications ; o Providing false or misleading reasons for denying loan modifications ; o Failing to honor previously agreed upon trial modifications with prior servicers ; and o Deceptively seeking to collect payments under the mortgages original unmodified terms after the consumer had already begun a loan modification with the prior servicer.
Engaged in illegal foreclosure practices : One of the most important jobs of a mortgage servicer is managing the foreclosure process. But Ocwen mishandled foreclosures and provided consumers with false information. Specifically, Ocwen is accused of : o Providing false or misleading information to consumers about the status of foreclosure proceedings where the borrower was in good faith actively pursuing a loss mitigation alternative also offered by Ocwen ; and o Robo-signing foreclosure documents, including preparing, executing, notarizing, and filing affidavits in foreclosure proceedings with courts and government agencies without verifying the information.
Remedies : Consumer Protections Todays proposed court order will bar Ocwen from committing such violations in the future. It requires Ocwen to provide {$120.00} XXXX in refunds to foreclosed-upon consumers and {$2.00} XXXX in loan modification relief to its customers through principal reduction. The refunds and relief also apply to consumers whose loans were previously serviced by XXXX XXXX XXXX and XXXX XXXX XXXX. According to the proposed order, Ocwen must : Provide {$2.00} XXXX in relief to underwater borrowers : Over a three-year period, Ocwen must complete sustainable loan modifications that result in principal reductions totaling {$2.00} XXXX. For loan modification options, eligible borrowers may be contacted directly by Ocwen. Or borrowers may contact Ocwen to obtain more information about specific loan modification programs and to find out whether they may be impacted by this settlement. Ocwen can be reached at XXXX or XXXX. If Ocwen fails to meet this commitment, it must pay a cash penalty in the amount of any shortfall to the CFPB and the states.
Provide {$120.00} XXXX in refunds to foreclosure victims : Ocwen must refund {$120.00} XXXX to consumers whose loans were being serviced by Ocwen, XXXX XXXX XXXX, or Litton Loan Servicing, and who lost their homes to foreclosure between XX/XX/XXXX and XX/XX/XXXX. All eligible consumers who submit valid claims will receive an equal share of the {$120.00} XXXX. Borrowers who receive payments will not have to release any claims and will be free to seek additional relief in the courts. Ocwen will also pay {$2.00} XXXX to administer the refund process. Eligible consumers can expect to hear from the settlement administrator about potential payments.
Stop robo-signing official documents : Ocwen must ensure that facts asserted in its documents about borrowers loans used in foreclosure and bankruptcy proceedings are accurate and supported by reliable evidence. Affidavits and sworn statements must be based on personal knowledge.
Adhere to significant new homeowner protections : Ocwen must change the way it services mortgages to ensure that borrowers are protected from the illegal behavior that puts them in danger of losing their homes. To ensure this, the CFPB and the states are proposing that Ocwen follow the servicing standards set up by the XXXX XXXX XXXX XXXX with the five largest banks. Because of Ocwens track record of problems handling the large volume of mortgage servicing rights it has quickly acquired in recent years, Ocwen is also being ordered to adhere to additional consumer protections, including how it manages transferred lans. Among other things, Ocwen must : o Properly process pending requests : For loans that are transferred to Ocwen, the company must determine the status of in-process loss mitigation requests pending within 60 days of transfer. Until then, Ocwen can not start, refer to, or proceed with foreclosure.
o Honor previous loan modification agreements : If the borrower has a loan modification agreement, Ocwen must honor it under the terms of the company that transferred the loan.
o Ensure continuity of contact for consumers : Ocwen will have to ensure that consumers get regular and dependable assistance when they call for help. This includes requiring more than just a single point of contact assigned to each borrower, but also that other Ocwen employees with access to the borrowers information be available if the borrower wants to speak to someone immediately.
o Restrict servicing fees : All servicing fees must be reasonable, bona fide, and disclosed in detail to borrowers. For example, Ocwen can not collect any late fees if a loan modification application is under review or if the borrower is making timely trial modification payments.
o Notify consumers of loss mitigation options and restrict dual tracking : Ocwen generally can not refer a borrowers account to foreclosure while the borrowers application for a loan modification is still pending. If the loan-modification request is denied, the borrower can appeal that decision and Ocwen can not proceed to foreclosure until that appeal has been resolved.
In XX/XX/XXXX, the CFPB released new rules on mortgage servicing that will apply to every mortgage servicer. The standards that Ocwen must adhere to according to this court order are in addition to the protections offered to consumers under the new rules that take effect on XX/XX/XXXX. More information about the CFPBs new mortgage rules can be found at : consumerfinance.gov/mortgage.
A factsheet about the proposed order filed today can be found at : http : //files.consumerfinance.govXXXX Common consumer questions and answers about the order can be found at : http : //files.consumerfinance.govXXXX A copy of the Ocwen complaint that the CFPB and state attorneys general filed today can be found at : http : //files.consumerfinance.govXXXX The complaint is not a finding or ruling that the defendants have actually violated the law. The proposed federal court order will have the full force of law only when signed by the presiding judge.
# # # The Consumer Financial Protection Bureau is a 21st century agency that helps consumer finance markets work by making rules more effective, by consistently and fairly enforcing those rules, and by empowering consumers to take more control over their economic lives. For more information, visit consumerfinance.gov.
Updated on XX/XX/XXXX : The XXXX XXXX XXXX XXXX will mail claim forms to borrowers who lost their home to foreclosure between XX/XX/XXXX and XX/XX/XXXX and whose loans were serviced by Ocwen, XXXX XXXX XXXX XXXX, and XXXX XXXX XXXX XXXX ( also known as XXXX XXXX XXXX XXXX XXXX XXXX, or AHMSI ). Borrowers may submit claim forms online using their personalized claimant ID number, which is located on the claim form they receive. More information can be found at : XXXX Updated on XX/XX/XXXX : The Ocwen consent judgment entered by the court can be found at : http : //files.consumerfinance.govXX/XX/XXXX ////////////////////////////////////////////////////////////////////////////////////////////////////// CFPB Sues Ocwen for Failing Borrowers Throughout Mortgage Servicing Process Mortgage Servicers Widespread Errors, Shortcuts, and Runarounds Cost Borrowers Money, Homes XX/XX/XXXX Share this Share on XXXX Share on XXXX Share on XXXX Share on email WASHINGTON, D.C. The Consumer Financial Protection Bureau ( CFPB ) today sued one of the countrys largest nonbank mortgage loan servicers, XXXX XXXX XXXX, and its subsidiaries for failing borrowers at every stage of the mortgage servicing process. The Bureau alleges that Ocwens years of widespread errors, shortcuts, and runarounds cost some borrowers money and others their homes. Ocwen allegedly botched basic functions like sending accurate monthly statements, properly crediting payments, and handling taxes and insurance. Allegedly, Ocwen also illegally foreclosed on struggling borrowers, ignored customer complaints, and sold off the servicing rights to loans without fully disclosing the mistakes it made in borrowers records. The Florida Attorney General took a similar action against Ocwen today in a separate lawsuit. Many state financial regulators are also independently issuing cease-and-desist and license revocation orders against Ocwen for escrow management and licensing issues today.
" Ocwen has repeatedly made mistakes and taken shortcuts at every stage of the mortgage servicing process, costing some consumers money and others their homes, '' said CFPB Director XXXX XXXX. " Borrowers have no say over who services their mortgage, so the Bureau will remain vigilant to ensure they get fair treatment. '' Ocwen, headquartered in XXXX XXXX XXXX, Fla., is one of the nations largest nonbank mortgage servicers. As of XXXX XXXX, XXXX, Ocwen serviced almost XXXX XXXX loans with an aggregate unpaid principal balance of {$200.00} XXXX. It services loans for borrowers in all 50 states and the District of Columbia. A mortgage servicer collects payments from the mortgage borrower and forwards those payments to the owner of the loan. It handles customer service, collections, loan modifications, and foreclosures. Ocwen specializes in servicing subprime or delinquent loans.
The CFPB uncovered substantial evidence that Ocwen has engaged in significant and systemic misconduct at nearly every stage of the mortgage servicing process. The CFPB is charged with enforcing the Dodd-Frank Wall Street Reform and Consumer Protection Act, which protects consumers from unfair, deceptive, or abusive acts or practices, and other federal consumer financial laws. In addition, the Bureau adopted common-sense rules for the mortgage servicing market that first took effect in XX/XX/XXXX. The CFPBs mortgage servicing rules require that servicers promptly credit payments and correct errors on request. The rules also include strong protections for struggling homeowners, including those facing foreclosure. In its lawsuit, the CFPB alleges that Ocwen : Serviced loans using error-riddled information : Ocwen uses a proprietary system called REALServicing to process and apply borrower payments, communicate payment information to borrowers, and maintain loan balance information. Ocwen allegedly loaded inaccurate and incomplete information into its REALServicing system. And even when data was accurate, REALServicing generated errors because of system failures and deficient programming. To manage this risk, Ocwen tried manual workarounds, but they often failed to correct inaccuracies and produced still more errors. Ocwen then used this faulty information to service borrowers loans. In XX/XX/XXXX, Ocwens head of servicing described its system as ridiculous and a train wreck.
Illegally foreclosed on homeowners : Ocwen has long touted its ability to service and modify loans for troubled borrowers. But allegedly, Ocwen has failed to deliver required foreclosure protections. As a result, the Bureau alleges that Ocwen has wrongfully initiated foreclosure proceedings on at least 1,000 people, and has wrongfully held foreclosure sales. Among other illegal practices, Ocwen has initiated the foreclosure process before completing a review of borrowers loss mitigation applications. In other instances, Ocwen has asked borrowers to submit additional information within 30 days, but foreclosed on the borrowers before the deadline. Ocwen has also foreclosed on borrowers who were fulfilling their obligations under a loss mitigation agreement.
Failed to credit borrowers payments : Ocwen has allegedly failed to appropriately credit payments made by numerous borrowers. Ocwen has also failed to send borrowers accurate periodic statements detailing the amount due, how payments were applied, total payments received, and other information. Ocwen has also failed to correct billing and payment errors.
Botched escrow accounts : Ocwen manages escrow accounts for over 75 percent of the loans it services. Ocwen has allegedly botched basic tasks in managing these borrower accounts. Because of system breakdowns and an over-reliance on manually entering information, Ocwen has allegedly failed to conduct escrow analyses and sent some borrowers escrow statements late or not at all. Ocwen also allegedly failed to properly account for and apply payments by borrowers to address escrow shortages, such as changes in the account when property taxes go up. One result of this failure has been that some borrowers have paid inaccurate amounts.
Mishandled hazard insurance : If a servicer administers an escrow account for a borrower, a servicer must make timely insurance and/or tax payments on behalf of the borrower. Ocwen, however, has allegedly failed to make timely insurance payments to pay for borrowers home insurance premiums. Ocwens failures led to the lapse of homeowners insurance coverage for more than 10,000 borrowers. Some borrowers were pushed into force-placed insurance.
Bungled borrowers private mortgage insurance : Ocwen allegedly failed to cancel borrowers private mortgage insurance, or PMI, in a timely way, causing consumers to overpay. Generally, borrowers must purchase PMI when they obtain a mortgage with a down payment of less than 20 percent, or when they refinance their mortgage with less than 20 percent equity in their property. Servicers must end a borrowers requirement to pay PMI when the principal balance of the mortgage reaches 78 percent of the propertys original value. Since XX/XX/XXXX, Ocwen has failed to end borrowers PMI on time after learning information in its REALServicing system was unreliable or missing altogether. Ocwen ultimately overcharged borrowers about {$1.00} XXXX for PMI premiums, and refunded this money only after the fact.
Deceptively signed up and charged borrowers for add-on products : When servicing borrowers mortgage loans, Ocwen allegedly enrolled some consumers in add-on products through deceptive solicitations and without their consent. Ocwen then billed and collected payments from these consumers.
Failed to assist heirs seeking foreclosure alternatives : Ocwen allegedly mishandled accounts for successors-in-interest, or heirs, to a deceased borrower. These consumers included widows, children, and other relatives. As a result, Ocwen failed to properly recognize individuals as heirs, and thereby denied assistance to help avoid foreclosure. In some instances, Ocwen foreclosed on individuals who may have been eligible to save these homes through a loan modification or other loss mitigation option.
Failed to adequately investigate and respond to borrower complaints : If an error is made in the servicing of a mortgage loan, a servicer must generally either correct the error identified by the borrower, called a notice of error, or investigate the alleged error. Since XX/XX/XXXX, Ocwen has allegedly routinely failed to properly acknowledge and investigate complaints, or make necessary corrections. Ocwen changed its policy in XX/XX/XXXX to address the difficulty its call center had in recognizing and escalating complaints, but these changes fell short. Under its new policy, borrowers still have to complain at least five times in nine days before Ocwen automatically escalates their complaint to be resolved. Since XX/XX/XXXX, Ocwen has received more than 580,000 notices of error and complaints from more than 300,000 different borrowers.
Failed to provide complete and accurate loan information to new servicers : Ocwen has allegedly failed to include complete and accurate borrower information when it sold its rights to service thousands of loans to new mortgage servicers. This has hampered the new servicers efforts to comply with laws and investor guidelines.
The Bureau also alleges that Ocwen has failed to remediate borrowers for the harm it has caused, including the problems it has created for struggling borrowers who were in default on their loans or who had filed for bankruptcy. For these groups of borrowers, Ocwens servicing errors have been particularly costly.
Through its complaint, filed in federal district court for the XXXX District of Florida, the CFPB seeks a court order requiring Ocwen to follow mortgage servicing law, provide relief for consumers, and pay penalties. The complaint is not a finding or ruling that the defendants have actually violated the law.
The lawsuit is available at : http : //files.consumerfinance.govXXXX # # # The Consumer Financial Protection Bureau is a 21st century agency that helps consumer finance markets work by making rules more effective, by consistently and fairly enforcing those rules, and by empowering consumers to take more control over their economic lives. For more information, visit consumerfinance.gov.
/////////////////////////////////////////////////////////////////////////////////////////////////////// CFPB Sues Ocwen for Failing Borrowers Throughout Mortgage Servicing Process Mortgage Servicers Widespread Errors, Shortcuts, and Runarounds Cost Borrowers Money, Homes XX/XX/XXXX Share this Share on XXXX Share on XXXX Share on XXXX Share on email WASHINGTON, D.C. The Consumer Financial Protection Bureau ( CFPB ) today sued one of the countrys largest nonbank mortgage loan servicers, XXXX XXXX XXXX, and its subsidiaries for failing borrowers at every stage of the mortgage servicing process. The Bureau alleges that Ocwens years of widespread errors, shortcuts, and runarounds cost some borrowers money and others their homes. Ocwen allegedly botched basic functions like sending accurate monthly statements, properly crediting payments, and handling taxes and insurance. Allegedly, Ocwen also illegally foreclosed on struggling borrowers, ignored customer complaints, and sold off the servicing rights to loans without fully disclosing the mistakes it made in borrowers records. The Florida Attorney General took a similar action against Ocwen today in a separate lawsuit. Many state financial regulators are also independently issuing cease-and-desist and license revocation orders against Ocwen for escrow management and licensing issues today.
" Ocwen has repeatedly made mistakes and taken shortcuts at every stage of the mortgage servicing process, costing some consumers money and others their homes, '' said CFPB Director XXXX XXXX. " Borrowers have no say over who services their mortgage, so the Bureau will remain vigilant to ensure they get fair treatment. '' Ocwen, headquartered in XXXX XXXX XXXX, Fla., is one of the nations largest nonbank mortgage servicers. As of XX/XX/XXXX Ocwen serviced almost XXXX XXXX loans with an aggregate unpaid principal balance of {$200.00} XXXX. It services loans for borrowers in all 50 states and the District of Columbia. A mortgage servicer collects payments from the mortgage borrower and forwards those payments to the owner of the loan. It handles customer service, collections, loan modifications, and foreclosures. Ocwen specializes in servicing subprime or delinquent loans.
The CFPB uncovered substantial evidence that Ocwen has engaged in significant and systemic misconduct at nearly every stage of the mortgage servicing process. The CFPB is charged with enforcing the Dodd-Frank Wall Street Reform and Consumer Protection Act, which protects consumers from unfair, deceptive, or abusive acts or practices, and other federal consumer financial laws. In addition, the Bureau adopted common-sense rules for the mortgage servicing market that first took effect in XX/XX/XXXX. The CFPBs mortgage servicing rules require that servicers promptly credit payments and correct errors on request. The rules also include strong protections for struggling homeowners, including those facing foreclosure. In its lawsuit, the CFPB alleges that Ocwen : Serviced loans using error-riddled information : Ocwen uses a proprietary system called REALServicing to process and apply borrower payments, communicate payment information to borrowers, and maintain loan balance information. Ocwen allegedly loaded inaccurate and incomplete information into its REALServicing system. And even when data was accurate, REALServicing generated errors because of system failures and deficient programming. To manage this risk, Ocwen tried manual workarounds, but they often failed to correct inaccuracies and produced still more errors. Ocwen then used this faulty information to service borrowers loans. In XX/XX/XXXX, Ocwens head of servicing described its system as ridiculous and a train wreck.
Illegally foreclosed on homeowners : Ocwen has long touted its ability to service and modify loans for troubled borrowers. But allegedly, Ocwen has failed to deliver required foreclosure protections. As a result, the Bureau alleges that Ocwen has wrongfully initiated foreclosure proceedings on at least 1,000 people, and has wrongfully held foreclosure sales. Among other illegal practices, Ocwen has initiated the foreclosure process before completing a review of borrowers loss mitigation applications. In other instances, Ocwen has asked borrowers to submit additional information within 30 days, but foreclosed on the borrowers before the deadline. Ocwen has also foreclosed on borrowers who were fulfilling their obligations under a loss mitigation agreement.
Failed to credit borrowers payments : Ocwen has allegedly failed to appropriately credit payments made by numerous borrowers. Ocwen has also failed to send borrowers accurate periodic statements detailing the amount due, how payments were applied, total payments received, and other information. Ocwen has also failed to correct billing and payment errors.
Botched escrow accounts : Ocwen manages escrow accounts for over 75 percent of the loans it services. Ocwen has allegedly botched basic tasks in managing these borrower accounts. Because of system breakdowns and an over-reliance on manually entering information, Ocwen has allegedly failed to conduct escrow analyses and sent some borrowers escrow statements late or not at all. Ocwen also allegedly failed to properly account for and apply payments by borrowers to address escrow shortages, such as changes in the account when property taxes go up. One result of this failure has been that some borrowers have paid inaccurate amounts.
Mishandled hazard insurance : If a servicer administers an escrow account for a borrower, a servicer must make timely insurance and/or tax payments on behalf of the borrower. Ocwen, however, has allegedly failed to make timely insurance payments to pay for borrowers home insurance premiums. Ocwens failures led to the lapse of homeowners insurance coverage for more than 10,000 borrowers. Some borrowers were pushed into force-placed insurance.
Bungled borrowers private mortgage insurance : Ocwen allegedly failed to cancel borrowers private mortgage insurance, or PMI, in a timely way, causing consumers to overpay. Generally, borrowers must purchase PMI when they obtain a mortgage with a down payment of less than 20 percent, or when they refinance their mortgage with less than 20 percent equity in their property. Servicers must end a borrowers requirement to pay PMI when the principal balance of the mortgage reaches 78 percent of the propertys original value. Since XX/XX/XXXX, Ocwen has failed to end borrowers PMI on time after learning information in its REALServicing system was unreliable or missing altogether. Ocwen ultimately overcharged borrowers about {$1.00} XXXX for PMI premiums, and refunded this money only after the fact.
Deceptively signed up and charged borrowers for add-on products : When servicing borrowers mortgage loans, Ocwen allegedly enrolled some consumers in add-on products through deceptive solicitations and without their consent. Ocwen then billed and collected payments from these consumers.
Failed to assist heirs seeking foreclosure alternatives : Ocwen allegedly mishandled accounts for successors-in-interest, or heirs, to a deceased borrower. These consumers included widows, children, and other relatives. As a result, Ocwen failed to properly recognize individuals as heirs, and thereby denied assistance to help avoid foreclosure. In some instances, Ocwen foreclosed on individuals who may have been eligible to save these homes through a loan modification or other loss mitigation option.
Failed to adequately investigate and r
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I would like for the CFPB to reopen & review all the facts and evidence in my Debit Card Dispute # XXXX from XX/XX/XXXX on file with my bank, Ally Bank. The disputes are for about 50-60 seperate online transactions totaling about {$4500.00} from XXXX XXXX / XXXX Ally Bank says that i missed the deadline by a few weeks to file these disputes to be totally covered for all of the charges totaling about {$4500.00}. I was lucky to even piece together this fraud at all.
After 90 days of waiting XXXX only refunded me via that dispute {$200.00} from the total {$4500.00} due. XXXX was not willing to cooperate.
Due to the overwhelming evidence of fraud, that timeline should be waived, I should be 100 % protected as a consumer and a Government Agency needs to step in and have the computer system just refund me my money automatically.
The CFPB needs to approve my complete chargeback and have the dispute team at Ally Bank & XXXX , Inc reverse all of the charges and refund me my {$4500.00}.
Ally Bank says that its limited as to what it can do but I need the CFPB to step in here and resolve my case.
XXXX should not even be allowed to have a credit card machine or bank account.
I have reported this to over 15 Government Agencys Including : The XXXX XXXX XXXX : Case XXXX The Federal Trade Commission : Case # XXXX The California Dept of Insurance : Case # XXXX The Florida Dept of Financial Services : Case # : SR # :XXXX Dispute with My Bank : Ally Bank , Dispute # XXXX Also see my previous complaint to the CFPB regarding XXXX XXXX XXXX / XXXX / XXXX XXXX XXXX XXXX which the CFPB said on XX/XX/XXXX that it has been forwarded to the FTC . * Complaint number : XXXX * Date submitted to CFPB : XX/XX/XXXX In my case with XXXX XXXX / XXXX / XXXX XXXX XXXX XXXX my evidence & findings will show that Renters are provided with vehicles with serious defects, are not warned of potentially dangerous conditions that may exist or develop and are deprived of valuable information as to the true condition of their rental vehicles along with deceptive practices and unfair charges.
XXXX XXXX / XXXX / XXXX XXXX XXXX XXXX used deception, deceptive & unfair practices, fraud, false pretense, false promise, misrepresentation & concealment as well as suppression & omission of material facts.
XXXX XXXX, XXXX rented me 3 junk title, salvage, rebuilt title cars for 90 days at {$50.00} per day with full price insurance for cars that should not even be on the road as if they were new/undamaged at full price / top dollar prices. Their website says no junk title, salvage, rebuilt title cars allowed. When I brought it to their attention with proof they said I'm lying. They gave me the run around & now they even blocked my phone number from being able to call their XXXX Customer Service #. These guys did fraud on me, gave me an unsafe vehicle, gave me a poor quality product that was not as described, they failed to protect me as a consumer, they failed to properly inspect, confirm & certify the products they allow on their platform, they never disclosed anything to me and when confronted with this they lie and deny it all and then when I sent them the proof they totally ignore me & block my phone number. I have proof of all conversations & of all the evidence.
The full coverage they charged me for was with XXXX XXXX XXXX XXXX XXXX/ Policy # XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX , CA XXXX XXXX XXXX Also, I have reported these guys to every agency that exists. I need help to get my money back.
My bank via dispute was unable to get me my {$4500.00} back because i missed the deadline to file a dispute by a few weeks.
After months of giving me the run around XXXX finally wanted to arbitrate with their company XXXX / Dispute # XXXX / Arbitrator : XXXX XXXX XXXX, License # 193606, State Of California Bar I sent XXXX over 50 pages of evidence and proof that the damages I recieved were financial. After 2 weeks of wasting my time the arbitrator said that I lost the case and I dont even deserve 1 penny.
Now XXXX is not honoring my request to have my decision appealed.
I wrote this to XXXX & to XXXX : It seems only right that I deserve an appeal and or an award of some sort When you step back and see the bigger picture of what is going on internally with XXXX here you start to notice a pattern.
The pattern is that XXXX is renting rebuilt, salvage, junk title cars with no disclosure on purpose to consumers as if they were undamaged at the highest possible price that you can rent a real undamaged car for per day at about {$40.00}. Plus they add {$13.00} per day of full coverage insurance for a junk car that is not even really insurable with full coverage. Their computer system must know these cars are junk but they turn a blind eye so they can make false profits.
Then they sit back and wait to see who complains, they give them the run around for as long as they can, then whoever get to XXXX arbitration will never win the case or any money because XXXX has a nice scam going on here with the way they word their contracts.
And they save all that money by just paying XXXX a monthly retainer fee.
This is unfair and unethical behavior by a business. It really shows alot. XXXX also should not be associated with these fraudsters.
I can't believe that the arbitrator did not even award me one penny. She said I failed to prove any damages. The damages were to my pocket. The damages were financial. Not to mention how they lied about everything and put me on a mission instead of giving me back a 50 % refund of {$2300.00} or so in the beginning.
My bank said if I would of disputed this in time I would of gotten back all of my {$4500.00}.
So I can't believe that the arbitrator didn't give me an award. And I am sure a jury will side with me.
I will be fighting this to the end and now today i will include XXXX as part of this full circle fraud lawsuit with XXXX. The top XXXX bosses must know about this pattern.
XXXX and XXXX are putting people in danger and putting profits over human lives and zero regard for people financial stability or safety.
They basically sold me on a nice chocolate bar wrapped up in a bow with 24k gold paper 4 times in a row but when you start to see, taste and smell the chocolates up close and you start to decipher the recipe and ingredients and you do some research and you stumble on something then you realize that you really just ate 4 bars of dog poop. And with no warning or disclosure on the wrapper or website.
Read My Entire Story Below : XXXX Rented Me 3 Salvage/Rebuilt Title Vehicles as if they were new/undamaged at full price / top dollar prices. Their website doesn't allow these damaged cars at all.
The representative said over the phone that the 3 cars seemed to fall threw the cracks and it made it onto their system 3 times in a row unchecked for salvage or rebuilt titles, where i ended renting them at top dollar prices for a junk car thats worth atleast 50 % less in value. They said that the car owner scammed them. I told them that, that is not my fault or problem. They put me in an unsafe vehicle. They never disclosed this to me and the product quality was not that of what i chose & agreed to pay for. I believe i paid off this guys junk cars with all the days that i rented it. Now he has a free car that i got ripped off on and i paid for.
I rented 3 vehicles from the same owner on this platform. I rented these 3 junk cars for about 90 days in a row at {$50.00} per day for a grand total of about {$4500.00}. The rental dates were fromXX/XX/XXXX - XX/XX/XXXX.
It came to my attention on about XX/XX/XXXX that these cars all had damage. I contacted XXXX about this. The first rep said that the vehicle owner and his cars would be kicked off the platform. Then i asked for a 50 % refund for having over paid and being ripped off for a subpar product.
They said they would escalate it to the manager. The manager wrote back to me in 15 minutes and said that after careful review of the Florida DMV Database none of the cars had a rebuilt/salvage title. And he said that because of that reason my 50 % refund would be denied.
I asked for proof of their findings and at the same time i did my own research and provided them with the evidence that all 3 cars were in fact rebuilt/salvage titles. They never responded to me after i sent them the proof. I then told them that they are giving me the run around and that i now want a full 100 % refund. I also tried to call them several times while i waited on hold for 15 minutes and an answering machine says to leave a message that no one will ever respond to. i finally got someone to answer on about XX/XX/XXXX and they said that the manager from the billing department knew about me and my problem and that they would be researching it. They never got back to me and no one answers the XXXX #.
This Is The FREE FLORIDA DMV VIN # CHECK WEBSITE : XXXX XXXX XXXX These guys did fraud on me, gave me an unsafe vehicle, gave me a poor quality product that was not as described, they failed to protect me as a consumer, they failed to properly inspect, confirm & certify the products they allow on their platform, they never disclosed anything to me and when confronted with this they lie and deny it all and then when i sent them the proof they totally ignore me. I also had my bank helping me fight this.
( Update : On XX/XX/XXXX My bank via dispute was only able to help me recover {$100.00} for 2 rental days & another {$100.00} for another 2 rental days for a total of {$200.00} for 4 rental days. Every rental day with insurance was exactly {$51.00} ) I have attached that evidence as well.
My bank was unable to help me recover anything more than the {$200.00}. I missed the deadline for the dispute protection timeline they say because I rented the cars from XX/XX/XXXX - XX/XX/XXXX but did the chargeback a bit to late towards the end of XX/XX/XXXX when I luckily found out about what XXXX did to me by putting 2 and 2 together and then I started asking XXXX questions. I feel that the dispute timeline should be waived do to the circumstances of fraud and deception that took time to unravel I have proof of all evidence and of the email conversations back and fourth between me and XXXX which has been attached.
I also believe that they still have these damaged cars on their platform and are charging people top dollar and not disclosing this information to them. I know there are more victims out there even after it has been brought to XXXX 's attention. These are unfair business practices that all of the management and employess in that business are aware of and they practice everyday. They are putting profits before peoples safety.
I believe that these are grounds for a civil / class action lawsuit if they dont refund my money and stop these unfair practices. They are in the stock market under symbol : XXXX, they cant be doing this to people. They are also reporting profits earned that are based on these unfair and unsafe business practices.
XXXX has put me on a roller coaster ride back and fourth for over 5-6 months trying to recover my money and resolve this. I have wasted an extraordinary amount of time & energy doing research, making phone calls, writing emails, responding to emails, copying and pasting evidence, waiting on hold, and spending countless hours writing, documenting and reviewing all of my writings, documentation and organizing evidence, etc all due to XXXX continuous lies and ways that they cheat & treat the consumer.
I estimate that I have wasted about 75 hours of my personal time doing all of this work during this ordeal these 5-6 months. Not to mention that XXXX has dragged this on for almost 6 months for no reason when I have been trying to resolve this directly with them in good faith from the beginning.
XXXX left me out in the cold and they made me feel violated and I felt taken advantage of. I felt as if no one can hear me screaming for help. On top of everything they played games back and fourth and made me feel voiceless and helpless. They blocked my phone number from being able to call their XXXX customer service number for help and they stopped responding to my emails. This caused me and is still causing me terrible stress.
During this entire ordeal I have provided an overwhelming amount of evidence and proof of about 30-50 pages in length and XXXX has just replied with 3 sentences in total.
This is what XXXX responded to the XXXX with : Thank you for the opportunity to respond to this consumer complaint concerning the vehicles they rented on our platform.
Our rentals are offered for ride-share drivers, and the reason for not allowing Salvage or Rebuilt titles on the site is due to most areas not accepting these types of vehicles for use with XXXX / XXXX.
As the vehicles are listed by the owners, not all states registrations show the salvage or rebuilt status on the documents used to verify a vehicle for the platform.
All vehicles mentioned by the consumer, including the user who listed them have been permanently removed from our site.
The price paid for these vehicles is set by the owner and the prices paid for rental of the consumers vehicles was {$30.00} - {$39.00} per day.
During the entire duration of these rentals, the vehicles cause no issues for the consumer. We have no records of the consumer reaching out concerning these issues until after the rentals have ended.
If issues with the mechanical functionality with these rentals had occurred, then a refund would be due, however the renter kept the vehicles without incident and at this time no refund will be honored.
I did NOT accept XXXX response via the XXXX XXXX XXXX Case # XXXX and i wrote back to them explaining why below : There is NO excuse for allowing me to rent 3 seperate UNSAFE salvage / rebuilt tilte vehicles from the same person. My life was put in danger & so was the lives of my passengers. Your platform must have a robot or a human manually verify each and every vehicle that you have on your website by running the vin number on XXXX or XXXX. it costs money to do that and you guys dont want to pay for that safety check.
Your response for not allowing salvage / rebuilt titles on your site is that : its due to most areas not accepting these types of vehicles for use with XXXX / XXXX. Instead you should say that you do NOT allow salvage / rebuilt title vehicles on your site because they are unsafe pieces of junk that have been totally damaged and no one knows if someone has even died in these vehicles, these cars are worth XXXX dollars and they are ticking time bombs. I was a driver for only XXXX. I was also let down by XXXX because they didnt catch these junk cars that made it onto their system. XXXX was the second line of defense to protect me and they also let me down.
XXXX is trying to put the blame on the car owner that put his 3 junk cars on the website, but XXXX can not allow a random person to do that without fully verifying that the vehicle they have is not a junk car / death trap. They have no safety measures in place and that is totally unnaceptable. As the saying goes : " Trust But Verify ''.
XXXX says that vehicles are listed by the car owners, and some states car registrations & documents do not show a vehicles title status when they upload a car to their platform.
That makes no sense. They have to have a way of verifying the junk that people are putting on their platform. I did the research for 3 cars and found everything out in 5 minutes by myself.
Now they say that the user has been kicked out of the platform and all of his cars have been removed, but it is too late for that, he already ripped me off and stole my money. And I was the one that did all of the research and provided the evidence that got him kicked out. I did all the work.
XXXX also says that : The price paid for these vehicles is set by the owner and the prices paid for rental of the consumers vehicles was {$30.00} - {$39.00} per day. So XXXX allowed this guy to put a junk / salvage / rebuilt title car on their platform that is worth XXXX dollars or maybe {$190.00} PER MONTH at most so he can rent it to me for {$40.00} PER DAY which is equal to {$1200.00} PER MONTH.
I believe that i totally paid of all of this guys junk cars, so now he has a free car that i paid top dollar for when it was worth XXXX. On top of the {$40.00} PER DAY car rental fee i had to pay {$13.00} per day for INSURANCE which is equal to {$400.00} PER MONTH for a junk car that the insurance should really be about {$75.00} PER MONTH. So in total i paid {$1600.00} per month for a car that was really worth at most in good condition about {$300.00} PER MONTH.
I was scammed and overcharged by about 500 % every day / month for those cars.
All 3 rental cars did cause an issue for me. The nissans transmission broke. The XXXX 's brake system was broken and making a terrible screeching sound and the XXXX XXXX had a tire that exploded and has no spare tire, jack, or lug nut removal tool in the trunk. And all 3 cars were junk / rebuilt / salvage title.
XXXX says : During the entire duration of these rentals, the vehicles caused no issues for the consumer. We have no records of the consumer reaching out concerning these issues until after the rentals have ended. If issues with the mechanical functionality with these rentals had occurred, then a refund would be due, however the renter kept the vehicles without incident and at this time no refund will be honored.
Everytime a car had a problem i would contact the car owner directly and he would say to not tell XXXX about it that he would just get me another better car. I obviously had 3 seperate mechanical problems with 3 seperate junk cars and a refund is due.
Also, I made no money buy using these junk cars for XXXX. I paid an average of {$53.00} PER DAY for the rental car with the insurance PLUS {$25.00} per day in gas that these junk cars were excessively consuming. So i paid for the car, insurance and gas daily about {$80.00}. On an average day with XXXX i would only make $ XXXX- {$75.00} in a 8 hour - 10 hour period. I was just working to pay the car, i never made any profit from this. i lost all the way around and i want a 100 % refund. You failed to protect me as a consumer in every way possible. Financially and safety wise. Your website says NO salvage / rebuilt title cars allowed. You failed to deliver as promised for a product that was not as described on your website, aside from all the other thing you have done wrong. I also just checked the XXXX website and the guy that rented me 3 junk cars has a partner that i remembered he told me about, and that partner has a car dealer and he has a bunch of junk / salvage /rebuilt title cars on the XXXX website right now as i type this note. Im sure that on the XXXX website today atleast 55 % of all the cars on their platform are junk / rebuilt / salvage title. XXXX must be audited by an independent company to confirm that they are not still doing this to innocent people that work hard for their money. They are putting profits before saftey and they are playing with fire. i want 100 % of my money back. I have also been warning people on other consumer websites and all over social media, XXXX and XXXX and all of the car related groups.
No matter what XXXX says they need to fully verify & validate each vehicles information that a person uploads onto their platform in order to protect the consumer. If they fail to do so they need to fully compensate the person that eneded up renting these junk cars at full price. The XXXX websites says : " No Junk, Salavage Or Rebuilt Titles Allowed '' plain and simple. They should put a Warning Sign on their website that says : " We sometimes mess up and allow people to upload their junk, salvage, rebuilt title cars on the platform where unaware consumers pay full price and risk serious injury. '' XXXX keeps saying that i never reported any problems that i had with each car to them. Car # 1 broke in 2 weeks because the transmission broke. So i called the owner directly and told him the car broke. He said ok no problem I will upload a new car to XXXX and i will put you in a new car. Car # 2 also had problems with the brake system and the car owner said again ok no problem I will upload a new car to XXXX and i will put you in a new car. Then Car # 3 broke when the tire exploded and had no spare tire or tire removal tools and again he said ok no problem I will upload a new car to XXXX and i will put you in a new car. At this time i was NOT aware that each of these 3 cars were all junk, rebuilt, salvage titles. XXXX also failed to disclose this to me each time. Obviously each car had a problem. Obivously XXXX never did any verifications on each car. XXXX always says to contact the car owner directly when there is a problem with the car. After all XXXX says they are only a platform, so what can they do for me if a car breaks? Nothing. The car owner said he has 10 cars i can choose from, so that was the fastest solution for me. The next step & the first step should have been for them to tell the car owner : " sorry we cant accept your cars on our platform due to the invalid title that came up on our inspection ''.
For Car # 3 The XXXX XXXX On XX/XX/XXXX I Contacted the XXXX Claims Department because a person very lightly hit the mirror of the car i was driving. I got a police report from the Florida Highway Patrol ( Crash # XXXX ) for the incident that happened XX/XX/XXXX. The estimated amount of damage was around {$100.00}. I also notified the car owner at the same time so he can contact XXXX and so he can work it out with the driver at fault and their insurance. He was going to pay for the replacement top cover of the drivers side mirror. That was the only cosmetic damage & it did not require a stay at the body shop. The mirror top was going to be painted and then installed. It took about 4 days from XX/XX/XXXX -XX/XX/XXXX for me to hear from the car owner because he said he was out of the country on vacation. The car owner was unavailable and was on vacation out of the country almost every weekend.
At this point and time during the Claims Process, the XXXX claims department blocked me as a driver while they investigated everything on their end for this incident they said. After 2 or 3 days of me being blocked from renting, XXXX reinstated my ability to re rent the same vehicle, Car # 3 after everything was squared away with the other drivers insurance and the car owner and XXXX all at the same time.
DURING THIS CLAIMS INVESTIGATION AROUND XX/XX/XXXX NO ONE FROM XXXX CHECKED OR FLAGGED THE VEHICLE FOR HAVING A REBUILT, SALVAGE, JUNK TITLE. THEY JUST LET ME RE RENT IT AGAIN. ONCE AGAIN THEY FAILED TO PROTECT ME.
Also, for Car # 3 The XXXX XXXX on about XX/XX/XXXX I did a chargeback request to my bank for {$51.00} for the day of XX/XX/XXXX because the car tire exploded while i was driving. The car had no spare tire in the trunk, no lug nut removal tool and no car jack to lift the car. It took me about 4 hours to resolve this tire problem on my own. I had been asking the car owner for several weeks before the tire blew up when was he going to buy new tires because they were looking bald and he would just delay and stall me for time with excuses.
I lost this dispute on XX/XX/XXXX for {$51.00} ( Ally Bank Dispute # XXXXXXXX XXXX XXXX ) because i failed to properly fill out all the forms my bank requested on time because i was just too busy with alot of things going on at once. I felt that i should have recieved this credit for the mission i was put on. I had to push the car by myself on a saturday night as the sun was setting all by myself.
Basically that same day the tire blew up I decided to no longer deal with XXXX or the car or the car owner. I could no longer concentrate, focus or trust the vehicles that I had been given. I did not feel safe on the road anymore. I lost all faith and felt unsafe and unsure of using these cars that i was being given. I kept feeling worried and afraid that i would break down again in the middle of no where at night all by myself. I emailed XXXX and the car owner that I would no longer be renting the vehicle and I instructed the car owner to pick up the car at my house. It took him about 4 days to pick up the car because he was out of the country on vacation once again.
XXXX seems to not care or not understand that i did everything correct as a consumer. I followed all of the rules and i played fair. I was the one scammed here.
XXXX also said that they immediately kicked out the car owner and his cars from the site once they were alerted. Yea, i was the one that had to investigate everything by myself and i am the one who brought this to XXXX attention after they first said that they did a full review and said that all the cars titles were good. I then showed them proof that each car was a junk title. Its incredible how i am the one being scammed here and i have had to do all of the work and show all of the proof that XXXX never did. Its like if i am doing a better job then everyone that works at XXXX.
I am the one that got scammed, i am the one that figured this whole mess out, I am the one having to provide proof of everything while XXXX wants to sit back and put the blame on me and say that i did not do things correctly.
They want to deny my refund because they say : " The consumer claims to have been put in danger, however they chose to continue with the rental, and continue making extensions with the rental. '' Well if i would have known that each car was a junk car i would of never of rented it or used it.
XXXX XXXX says that i should of done this or done that, but they did zero to protect me.
I called XXXX on XX/XX/XXXX to speak to a manager about my case. They told me on XX/XX/XXXX that a manager would call me back on XX/XX/XXXX. Mid day on XX/XX/XXXX XXXX still had not called me back, so i called them, the customer service rep said hold on one second while i find a manager, 2 minutes later the rep hung up on me, i called back the XXXX number and they have blocked my phone number from being able to call their XXXX number for customer service.
This company is up to no good. Mid XXXX of XX/XX/XXXX I tried to contact at XXXX : XXXX XXXX. Phone : XXXX to let him know about my case. i got this number from the XXXX report. I called the # and this number i am still able to reach but it is just a recording that goes to an answering machine that no one answers or responds to. I will keep the XXXX updated on if they block me from this # as well.
I have attached a snap shot of the video & The Video Link to watch the video that shows and plays the recording of me calling the XXXX XXXX customer service number on XX/XX/XXXX at XXXX and it says that I am still blocked from being able to call them and then it hangs up on me.
Watch The Video of this on XXXX : XXXX XXXX XXXX I also ask that XXXX provide & release evidence of all phone records & logs, email communications and recorded phone conversations regarding my account from every single conversation they have had with me. You will hear in these phone conversations the frustration & pain in my voice and the feeling of overwhelming confusion and mental & emotional abuse that I endured while everyone at XXXX played games with me, gave me the wrong information and did sneaky things & lied every single time to try to get rid of me and at the same time try to sweep everything under the rug. All of this abuse took place while I was genuinely trying to resolve everything in good faith with them.
I have heard 5 different reasons & have as evidence & it is documented from 5 different people at XXXX as to why they did not want to honor my refund, while at the same time no one addressed my concerns.
I have also contacted and reporting eveything that XXXX has been doing to the SEC ( U.S. Securities & Exchange Commission ) online via the investor compalint form. CASE NUMBER : XXXX. Their stock symbol is XXXX. i feel that their stockholders and board members and others would like to know that XXXX daily profits involve lying to consumers and the rental of illegal unsafe vehicles to the public with no disclosure.
I RETURNED THE LAST RENTAL ON XX/XX/XXXX. I LET XXXX KNOW ABOUT THESE JUNK, SALVAGE, REBUILT TITLE CARS ON 8/21/18 IMMEDIATELY AFTER I FOUND OUT ABOUT ALL OF THIS BY LUCK WHEN I WAS LOOKING AROUND THE XXXX WEBSITE ONXX/XX/XXXX BECAUSE I WAS INTERESTED IN BUYING A CAR AND PUTTING IT FOR RENT ON THE XXXX WEBSITE PLATFORM SO OTHERS COULD RENT IT FROM ME.
I THEN WENT TO THEIR CAR INSURANCE & REGISTRATION SECTION TO READ MORE DETAILS & I SAW IT SAID : " NO REBUILT OR SALVAGE TITLES ALLOWED ON XXXX. I THEN WENT TO THE TAB FOR MY PAST CAR RENTALS AND I WAS LOOKING AT THE YEAR, MAKES AND MODELS OF THE CARS I HAD RENTED.
I THEN SAW THE VIN NUMBERS & SOMETHING INSIDE ME TOLD ME TO XXXX : HOW TO CHECK A CAR VIN NUMBER FOR FREE ONLINE & THE FLORIDA DEPARTMENT OF MOTOR VEHICLES, VEHICLE INFORMATION CHECK WEBSITE CAME UP.
I ENTERED THE VIN NUMBER FOR 1 CAR IN THE SYSTEM AND I COULD NOT BELIEVE WHAT IT SAID : " REBUILT/SALVAGE TITLE ''.
MY FACE TURNED RED AND I COULDNT BELIEVE IT. I THEN ENTERED THE OTHER 2 VIN NUMBERS AND THEY WERE ALL THE SAME JUNK AS WELL.
I WAS VERY UPSET & I IMMEDIATLEY CALLED XXXX & EMAILED THEM WITH MY FINDINGS AND THATS WHEN THIS WHOLE PROCESS BEGAN ON XX/XX/XXXX OF XXXX LYING TO ME AND GIVING ME THE RUN AROUND AND MISDIRECTING ME, ETC.
XXXX is complaining that i took about 50 days after i returned the last vehicle to reach out for a refund. I would of reached out & made the same complaints & refund requests wheather i would of found out about this within 1 day or 1 year of having returned the last rental.
I was lucky to even be able to find out about this whole mess, cover up & misdirection that XXXX put me through with these junk, salvage, rebuilt titles.
XXXX & their Insurance company & The XXXX Claims Department failed to pick up on this scam as it was happening to me live in real time. And it happened with 3 cars in a row. And plus they let me re rent the same car after i was blocked as a driver for the incident on XX/XX/XXXX without disclosing anything to me.
And there is no excuse for the way XXXX treated me or handled this incident once i brought it to their attention. Their repeated lies, misdirection & total ignorance to this serious problem leads me to believe that they totally knew about this from the beginning & that they have done this in the past & will continue to do this to unsuspecting victims such as myself in the future. XXXX has to have a network/computer security team in their back office that has some sort of computer program that flags these cars on their platforms once it runs the VIN # s.
I have tried over and over again from the beginning with XXXX to try and resolve this in good faith but even up till now they are just giving me the run around and there is no excuse for it.
XXXX did fraud on me, gave me an unsafe vehicle, gave me a poor quality product that was not as described, they failed to protect me as a consumer, they failed to properly inspect, confirm & certify the products they allow on their platform & they never disclosed anything to me.
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| 05/04/2017 |
Yes |
- Mortgage
- Other type of mortgage
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- Applying for a mortgage or refinancing an existing mortgage
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Web |
Older American, Servicemember |
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FROM : XXXX XXXX XXXX PRINCIPLE/PRIMARY APPLICANT ( XXXX years of age ) XXXX XXXX XXXX ( XXXX years of age ) APPLICANT XXXX XXXX XXXX XXXX CA XXXX PHXXXX E-MAIL : XXXX ( XXXX ) XXXX ( XXXX ) CIVIL RIGHTS VIOLATION ( Cal Gov. Code, Sec. 12921 ( b ), and others UNLAWFUL DENIAL OF MORTGAGE APPLICATION AND QUALIFICATION PROCESS AND DENIAL OF PARTICIPATION IN THE NEIGHBORHOOD ASSISTANCE CORPORATION OF AMERICA ( NACA ) HOME BUYING PROGRAM. DISCRIMINATION, MARITAL STATUS ( Cal Gov. Code 12955 ( e ), Cal Civ. Code, Sec. 51, and others, infra ) MISREPRESENTATIONS-Bus & Prof Code 10176. XXXX XXXX XXXX, NACA MORTGAGE CONSULTANT, NMLS # XXXX LICENSE # XXXX XXXX NACA DRE CORPORATION # ID XXXX NACA NMLS COMPANY ID # XXXX STATEMENT OF FACTS NOTE PG XXXX WIFE WILL BE ADTL ACT HLDR-BUT NOT YET : NACA MTG CONSULTANT XXXX XXXX XXXX DENIED APPL XXXX XXXX XXXX, & XXXX XXXX PARTICIPATION IN NEIGHBORHOOD ASSISTANCE CORPORATION OF AMERICA ( HEREINAFTER, NACA ) MORTGAGE HOME BUYING PROGRAM ON THE BASIS THAT XXXX XXXX HAD PROPERTY OR A PROPERTY INTEREST. HE HAS NO PROPERTY INTEREST. XXXX XXXX HAS A SOLE AND SEPARATE PROPERTY, WHICH ACCORDING TO NACA WORKBOOK REQUIREMENTS WOULD HAVE BEEN TRANSFERRED PRIOR TO ANY NACA -- INVOLVEMENT, CONSUMATED PURCHASE AND SALE AGREEMENT, OR " CLOSING '', AS THE CASE MIGHT BE. THE DISCRIMINATORY DENIAL WAS BASED ON A MISREPRESENTATION OF MORTGAGE CONSULTANT XXXX XXXX XXXX, AND ACCORDING TO CALIFORNIA LAW, A VIOLATION OF A CIVIL RIGHT. After reliance on first meeting statements of representatives of the HUD Certified Counseling Agency Neighborhood Assistance Corporation of America 's ( Hereinafter NACA ), and the ADVOCACY HOMEBUYING HOME SAVE HOME BUYER 'S WORKBOOK ( hereinafter, WORKBOOK ) for preparation, four phone calls, many hours preparation, obtaining and e-mailing documents ),XX/XX/XXXXtwo trips totaling XXXX plus miles -- XXXX to an original required meeting, inXX/XX/XXXX, XX/XX/XXXXCA (XX/XX/XXXX miles round trip, 5 hours ). A Second mandatory step was attending a confirmed appointment to the Housing Counselor Meeting, XX/XX/XXXX, scheduled at XXXX XXXX XXXX XXXX XXXX XXXX California. ( XXXX miles roundtrip, 5 hours total ), which we did. At or about XXXX XXXX., that date, after completing additional paperwork, for the initial Housing Counselor meeting, the Secretary/office assistant handed membership agreements and other forms which were negotiated by XXXX XXXX and this writer. Inspecting the forms, the Secretary/office assistant raised an issue we understood and believed -- on investigated information and belief -- proved quite clear in XXXX separate paragraphs in the WORKBOOK, which had been received previously attending the above XXXX XXXX, XX/XX/XXXXmeeting -- present ownership interest in property. The XXXX XXXX assistant communicated by computer to whom she described as her " manager ''. We had mentioned " double escrow '' when assistant first raised the issue, to ostensibly her puzzlement. She ostensibly tried to thwart the meeting at the its inception, after we signed the membership agreement, and other documents, and our respective drivers ' licenses scanned. XXXX XXXX XXXX XXXX finally came out to greet and see us, professionally and courteously, and knowledgeable, with whom we spent at or about 45 minutes. With an MC before the name on his card, we discussed in his office WORKBOOK parameters, and the issue the Secretary/office assistant had raised ( see infra ), and our analysis of certain clauses. ( We later presumed " MC '' stood for mortgage consultant as well. And we had no problem with him ). We pointed to XXXX applicable WORKBOOK phrases and our plan with respect to them, inculcating several analyses of customs a usages of California real estate procedures. THE WORKBOOK STATED THE PURPOSE OF HOUSING COUNSELOR MEETING AGENDA, which included analyzing e-mailed documents, budgets, and other steps yet to be gone over. We had not gotten into any ACTION PLAN and the next steps. XXXX XXXX recognized our concern of XXXX seemingly, contrary clauses which circumstance ( potentially applicable only to XXXX XXXX ) had been mentioned by the office assistant, and our plain- meaning interpretation of them being read together. He consulted a stack of papers he identified as underwriting guidelines '', indicating in passing. " 'They ' will never qualify you ''. We pointed out those initial observations were in contradistinction of that published in the WORKBOOK. Requesting a copy of those underwriting guidelines, I mentioned that for those like we applicants who rely on the WORKBOOK, such guidelines should have been included in it -- words to that effect. MC XXXX replied it was an internal document. We said we still wanted to go through the procedures, and would take up any negating issues elsewhere, should need arise. Just as XXXX XXXX was about to begin the paperwork and process, presumably steps XXXX inclusively in the WORKBOOK, he said had to consult another mortgage consultant. NACA mortgage consultant MC XXXX XXXX XXXX came to the area. She immediately precluded that commencement. [ ( Note : Memorandum of Conversation written : XXXX XXXX,XX/XX/XXXX regarding Neighborhood Assistance Corporation of America meeting XXXX XXXX XXXX XXXX CA, XXXX. ( signing of additional documents ) XXXX XXXX. until at or about XXXX. ) ] MC XXXX XXXX XXXX precluded that commencement. She ascerbically ( this writer 's opinion ) informed us that we could NOT start the process. We indicated as the principal, I had no interest in any property, attempting to list the WORKBOOK clauses countering her position, which she stopped. She that she had 4 years experience working with the program and since " XXXX had a house, " it was XXXX '', or words to that effect. Again, I referred her to the WORKBOOK. Without listening, she said, " she knew what was in the book ''. I requested her card, which she provided. To our dismay and opinion, MC XXXX XXXX XXXX demeanor and words -- without listening- was not in comport with NACA STATEMENT : TO WORK WITH HOME BUYERS TO ASSIST THEM THROUGH THE PROCESS. '' Mortgage Consultant XXXX misrepresented the information, and basis to us, the listening office Secretary/ assistant, and XXXX XXXX . We submit, she misrepresented California property law. She specifically targeted XXXX XXXX 's marriage to me, alluding to a non-existent XXXX split interest. She said we could not begin/apply, qualify, participate in and for the NACA MORTGAGE assistance. The she continued, switching gears slightly, dismissively stating we were NOT ELIGIBLE FOR THIS PROGRAM BECAUSE YOUR WIFE OWNS PROPERTY ''. Mortgage Consultant XXXX XXXX XXXX XXXX verbal act negated our participation in NACA program : negativing the no fee " the no down payment " no closing costs " possible below market rates " the post closing counseling " no perfect credit proved in direct conflict with the NACA WORKBOOK texts. Her verbalization displayed a clear inconsistency with the broad NACA intent of assistance and help. In traveling to all the meetings, we relied upon the process and published opportunity for assistance in homebuying -- an arduous task itself -- sending for, collecting, and e-mailing multitudinous documents at a cost of much time and effort. Again, we asked where such a policy she stated could be found. The query met, again with dismissive ( my opinion ) words to the effect " Ive been doing this four years ''. My wife and I felt as if she attitudinally manifested that she was the only repository property law knowledge, without really knowing how XXXX XXXX held property. So, within two minutes of meeting, mortgage counselor XXXX XXXX XXXX ' specious assessment of this writer 's non-extant property ownership interest : " it is XXXX '' proves inapposite to California law. XXXX counterfactual, NACA program precluding position of [ our ] ineligibility because marriage ineluctably confers a proportional house interest in XXXX XXXX held sole and separate property, discriminates against us on the basis of her solecism of California marital status. ( Any such position negatives we believe a California statute, and common law, methinks and forces a conclusion a married woman must share a property interest with her spouse. This is NOT the XX/XX/XXXXs ). Her excluding us from the NACA process -- without listening, or reviewing our position, on inter alia, a marital status basis -- did not comport with NACA 'S PUBLISHED STATEMENT : TO WORK WITH HOMEBUYERS TO ASSIST THEM THROUGH THE PROCESS. To our investigated information and belief, our unlawful rejection ( see infra ) was effected with either an arrant misrepresentation of NACA WORKBOOK PROCEDURES AND CONDITIONS, or a heedless misapprehension of them. SEE Grounds for Revocation or Suspension Cal Bus & Prof Code 10176. The commissioner may, upon his or her own motion, and shall, upon the verified complaint in writing of any person, investigate the actions of any person engaged in the business or acting in the capacity of a real estate licensee within this state, and he or she may temporarily suspend or permanently revoke a real estate license at any time where the licensee, while a real estate licensee, in performing or attempting to perform any of the acts within the scope of this chapter has been guilty of any of the following : ( a ) Making any substantial misrepresentation. ( b ) Making any false promises of a character likely to influence, persuade, or induce. ( c ) A continued and flagrant course of misrepresentation or making of false promises through real estate agents or salespersons. ... .. ( i ) Any other conduct, whether of the same or a different character than specified in this section, which constitutes dishonest dealing. SUBSTANTIAL INCLUDES being significant or large. Here, writers /applicants include the significance of being precluded from a no fee, no downpayment, and post counseling NACA participation which wokuld indeed prove substantial ifad to seek other loans and pay for these. ( See XXXX XXXX XXXX last visited XX/XX/XXXX ). It goes without saying the savings of participation would be Substantial " Of real worth and importance ; of considerable value '' ( See : XXXX XXXX XXXX last visited XX/XX/XXXX). PARTICIPATION IN SUCH A NO FEE, NO CLOSING COSTS, NO DOWN PAYMENT PROGRAM IS OF REAL WORTH AND CONSIDERABLE VALUE. DENIAL FROM SUCH PARTICIPATION DENIES SUCH REAL WORTH AND VALUE. MISREPRESENTATION : Mortgage consultant XXXX misrepresentations of INELIGIBILITY TO THE NACA PROGRAM could have been easily rectified. The accuracy of them quickly verified had she just reviewed the citations to which we alluded ( and which we had spent at least 45 minutes consulting with Mortgage Consultant XXXX ). Neighborhood Assistance Corporation of Americas own published documents differed from her conclusion and averments. ( see pages XXXX infra, and others to which we refer in the exhibits ). Further, Real Estate Licensees must pursue an amount certain of continuing education ( by way of example and not limitation ) : For subsequent renewals, all real estate brokers and salespersons with an expiration date on or afterXX/XX/XXXX or who are renewing on a late basis on or afterXX/XX/XXXX must complete 45 clock hours of XXXX-approved continuing education consisting of : XXXX eight-hour survey course covering the XXXX mandatory subjects ( Ethics, Agency, Fair Housing, Trust Fund Handling, Risk Management, and Management and Supervision ) OR licensees can choose to take each of the mandatory subjects separately ; and A minimum of 18 clock hours of consumer protection courses ; and The remaining clock hours required to complete the 45 hours of continuing education may be related to either consumer service or consumer protection courses. ( See California Dept of Consumer Affairs, Bureau of Real Estate XXXX XXXX XXXX last visited XX/XX/XXXX ). And yet MC XXXX adamantly insisted on our INELIGIBILITY. As we again attempted to point out the citations in the NACA WORKBOOK, she exclaimed : I know what is in there. I have working here for four years. YOU ARE INELIGIBLE. ( or similar words to the effect ). Even a negligent or innocent misrepresentation of fact of INELIGIBILITY and preclusion from NACA PARTICIPATION proves injurious to we old applicants who reliedattending two meetings, four phone calls, et al., obtaining, sending off, collecting numerous documents -- in light of NACA WORKBOOKS allowance in contradistinction to mortgage consultant XXXX dismissal of us. ( See XXXX XXXX XXXX last visited XX/XX/XXXX ; and the action or offense of giving a false or misleading account of the nature of something. ( XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX last visited XX/XX/XXXX) Our exclusion proved most XXXX to us both. XXXX XXXX XXXX XXXX XXXX XXXX. We attempted to pay our dues, but were stopped. I received mortgage consultant XXXX XXXX XXXX XXXX card, noting immediately on the back her stated basis for our exclusion. We thanked everyone for their help, and dejectedly caned our way out of the building. Hours wasted. ( Backgrounder : Both applicants are retired professional people, interested in the NACA program. XXXX XXXX presented cases working in XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. XXXX XXXX is a XXXX XXXX survivor, retired from the XXXX XXXX ). We both adeptly know how to studiously read rules and procedures, dissecting the NACA Home Buying WORKBOOK prior to our start of the required document collection process. We did not find -- and can still not find any WORKBOOK PUBLISHED explicit, nor implicit rules of ineligibility of the kind to which mortgage consultant XXXX alluded. Thus, by effect she unlawfully used marital status ... as a rationale for barring participation in a mortgage application process program -- and by extension -- again -- barred to counseling, post purchase counseling, no fee, no down payment, no closing costs, and under market rate mortgage products. Thus, cut off was the ability to go to " promised '' home purchase seminar, find a potential dwelling, qualify get inspections, make offer, get underwriting verifications, acceptance -- none of it ( not necessarily in that order ). Mortgage consultant XXXX PLACED EXTRANEOUS, UNPUBLISHED CONDITIONS CONTRARY TO THE NACA WORKBOOK, albeit we relied on the original texts. Nevertheless, we were proscribed by her verbal act to begin the NACA MORTGAGE process to " qualify '', and barred us from even beginning the MORTGAGE APPLICATION PROCESS HOUSING COUNSELOR MEETING AGENDA, as listed in the NACA WORKBOOK ( See Sections XXXX NACA WORKBOOK ). All Exhibits NACA and other exhibits below listed are attached or sent with this missive, are incorporated by reference as though fully set forth herein ). AGAIN -- our averments to XXXX XXXX were that any transfer of wife 's interest would precede NACA " closing ''. ( Per NACA WORKBOOK ). Through e-mail form and document submissions -- participations, budget expenses and form signings in the office -- we showed we were ready for the counseling which never came. We exhibited willingness to abide by -- and did so, to the extent allowable -- by NACA 's terms of membership, participation, and eligibility. We both are registered voters. We attempted to for membership fees ( and credit report ). Such was denied and refused. It was stated to us that " did n't want to take our money ''. ANCILLARY ISSUE " WHETHER AN APPLICANT WITH NO PROPERTY INTEREST CAN BE SUMMARILY DISCRIMINATED AGAINST ( AND BY EXTENSION, HIS WIFE ) AND PRECLUDED FROM NACA MORTGAGE APPLICATION PROCESS PARTICIPATION BASED ON A SPOUSE CO-APPLICANT ( PLANNING TO AND ) HAVING DIVESTED ANY INTEREST IN PROPERTY AT THE TIME OF PURCHASE AND SALE AGREEMENT/ OR THE TIME OF " CLOSING '' AS PER NACA PUBLISHED PROCEDURES IN ITS ADVOCACY HOMEBUYING HOME SAVE HOMEBUYER 'S WORKBOOK. '' ARGUMENT Besides the Discrimination and Civil Rights violation/allegations ( infra ), the precis gravamen of these claims is exclusion from a valuable mortgage product and counseling based on the non- ownership of property of the principle applicant ( but property interest inaccurately imputed to him ) ; and the intended transfer of any property interest of Mrs. Smith 's sole and separate property, per the NACA WORKBOOK at or before Purchase and Sale Agreement, or " closing '', as the case might be. And yet an appurtenance to the/those claim ( s ) listed above looms the discrimination and civil rights outcroppings. CALIFORNIA legislation indicates " [ T ] he opportunity to seek, obtain, and hold housing without unlawful discrimination is a civil right ''. ( Cal Gov. Code, Sec. 12921 ( b ) : The opportunity to seek, obtain, and hold housing without discrimination because of .... marital status ... ... ... or any other basis prohibited by Sec. XXXX of the Civ. Code is hereby recognized as and declared to be a civil right ''. ( XXXX XXXX XXXX last visited XX/XX/XXXX ) ( See again, page XXXX under eligibility. ( as attachment ). Thus subsumed slightly hidden is that NACA EMPLOYEES discriminatory statement of INELIGIBILITY is not only stepping on a privilege, but a fundamental right as well. Fundamental rights are a group of rights that have been recognized by the Supreme Court as requiring a high degree of protection from government encroachment. These rights are specifically identified in the Constitution ( especially in the Bill of Rights ), or have been found under Due Process. It is well-established and crystal clear that the right to marry is a central aspect of the right to liberty, privacy, association, and identity. Fourteen times sinceXX/XX/XXXX, the United States Supreme Court has stated that marriage is a fundamental right of all individuals. XXXX search, last visited XX/XX/XXXXBUT SEE- XXXX Supreme Court Cases : Marriage is a Fundamental RightXX/XX/XXXX hXXXX XXXX XXXX ( last visited XX/XX/XXXX ). Thus here, NACA employees NACA participation preclusion proves at least a denial of a benefit of that privilege, or more a fundamental right due to employees faulty cursory analysis of INELIGIBILITY IN THE NACA PROGRAM by way of example ( and not limitation ) BECAUSE YOU ( XXXX XXXX ) ARE MARRIED, AND EVEN THOUGH YOU DONT OWN PROPERTY, BUT SHE ( XXXX XXXX ) YOUR WIFES OWNS ( SOLE AND SEPARATE ) PROPERTY? WERE GOING TO IMPUTE A PROPERTY INTEREST TO YOU. AND THEREFORE, YOU CANT PARTICIPATE. YOURE INELIGIBLE. AND SHE IS INELIGIBLE AS WELL. We submit that INFRINGEMENT ON A FUNDAMENTAL RIGHT is the consequence of a careless and inconsiderate analysis of Mortgage Consultant XXXX with referencing the NACA WORKBOOK CITATIONS to which we so pleadingly alluded. " Naca 's eligibility requirements reflect our mission of promoting .... economic justice for ... moderate income people and communities ). Further " under California law, it is unlawful for a ... real estate broker, or salesperson, to discriminate against a person ... because of a person 's marital status ... ... ... ''. Cal Gov. Code Sections 12926 ( p ), 12927 ( e ), 12955 ( a ), ( d ), Cal Government publication citing : See Fair Employment and Housing Act, Gov. Code Section 12900 and following. The Cal Gov publication also indicates unlawful housing discrimination under California 's Fair Employment and Housing Act, and Unruh Civil Rights Act : " it is unlawful for a real estate broker or salesperson to discriminate against any person because of ... marital status ... ... ... in any of the following ways : Refusing to negotiate for a sale ... '' Citing again, Cal. Gov. Code Sections 12927 ( c ) ( 1 ), 12955 ( d ), 12955 ( e ) ; Cal. Civ. Code Sections 51. ( Note : plain meaning of accomodation includes- " a convenient arrangement ; a settlement or compromise ... synonyms : arrangement, understanding, settlement, accord, deal, bargain, compromise " an accommodation between the XXXX parties was reached '' '' ( XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX last visited, XX/XX/XXXX ) " synonyms : arrangement, understanding, settlement, accord, deal, bargain, compromise " an accommodation between the XXXX parties was reached '' California law also prohibits discrimination based on .... '' A perception of a person 's marital status, ... ( see infra ), or a perception that a person is associated with another person who may have any of these chracteristics. ( See Cal Gov. Code 12955 ( m ), and the discussion below ). ( Marital Status is defined a ( s ) an individual 's state of marriage ... or other marital state. '' [ ( See 2 Cal C. Regs, Sec. 7292.1 ( a ) ] Contrary to NACA 's published HOME BUYERS WORKBOOK, mortgage counselor XXXX misrepresented NACA prohibitions based on marital status -- ( this writer 's alleged property interest in which he does n't have any ) -- in her less than 2 minutes of meeting us. She presumed. Yet discrimination based on marital status ( differential treatment, here based on her presumption not in accord with NACA WORKBOOK is forbidden ). " Marital status means ... whether a person is married ... included is protection against discrimination based on identity, situation actions of a spouse ''. California is among the states prohibiting discrimination since marital status. Further, any perceived impediment ( such as property ownership if I had any ) -according to XXXX argument -- would dissipate at a time certain many months in the future, at the successful negotiated conclusion of Purchase and Sale Agreement, or " closing '' according to the NACA WORKBOOK. ( With a close reading, such program proscription grounds prove non-extant in the published materials of the Neighborhood Assistance Corporation of America-upon which these prospective applicants relied and spent many hours in preparation ). While only one linchpin of our claim ( the other just as coterminous being violation of NACA agency published materials ) " marital status means whether a person is married ... and includes discrimination based on " actions '' or status of a spouse. It remains axiomatic that it is illegal for such as " mortgage bankers '' real estate brokers, to treat people differently because of marital status. We submit an agency can not refuse equal opportunity to a Mortgage application process because of marital status [ and a future terminating event ]. Examples : a HUD CERTIFIED housing agency employee taking the adverse action of denying equal opportunity to a Mortgage application process because of a marital status ( albeit any perceived property interest dissipates at a time certain -- successfully negotiated Purchase and Sale Agreement, and/or " closing '', according to NACA published rules ). Taking adverse action without cause, or on a mistaken basis constitutes a discriminating condition of privileges of NACA mortgage process and by extension, the HUD certified home buying agency. NACA ostensibly administers its own funds for underwriting and approval. One of the reasons going to them was the : no fees, no mortgage insurance, no down payment, no closing cost -all privileges, which was summarily denied, without reinstatement. " California Legislature passed laws that prohibit discrimination in any aspect of transferring or financing of residential accommodations. Discrimination based on any prohibited classification is outlawed ''. ( See XXXX XXXX XXXX last visited, XX/XX/XXXX XXXX XXXX ). See also Cal Civ. Code Sec. 51 ( Unruh Act ). Marital status is a prohibited classification. See XXXX statement : You 're not eligible because YOUR WIFE OWNS PROPERTY. SO, YOU OWN PROPERTY 50/50. " ( words to that effect ) .... Part 2. Personal Rights. ( a ) this Section shall be known, and may be cited as the Unruh Civil Rights Act. ( b ) All persons within the jurisdiction of this state are free and equal, and no matter what their ... marital status ... are entitled to the full and equal ...., advantages, facilities, privileges, or services in all business establishments of any kind whatsoever. ... ( 6 ) '' .... [ M ] arital status ... includes a perception that the person has any characteristic or characteristics within the listed categories or THAT THE PERSON IS ASSOCIATED WITH A PERSON WHO HAS OR IS PERCEIVE TO HAVE ANY characteristic or characteristics with the listed categories. Here, I am presumed to have the characteristics of my wife. And we submit, " home interest '' of which this writer has none, such interest presently being sole and separate property, allowable in California. But ostensibly an impediment to ( NACA PROGRAM privileges ), even though the conditions subsequent " Purchase and sale agreement '' nor " CLOSING '' have not been reached. Imputation of an ownership interest not extant because of marriage, and subsequent preclusion from a NACA program because of marriage ( marital status ) is denial of the full and equal advantages ( here of NACA PARTICIPATION ). Accord : 42 U.S.C. Sec. 3604 United States Code ) " As made applicable by Section 3603 of this title and except as exempted by Section 3603 ( b ) and 3607 of this title, it shall be unlawful -- ( a ) To refuse to negotiate for the sale ... a dwelling to any person because of ... ... ... ( We submit, " marital status '', ). ( b ) To discriminate against any person in the terms, conditions, or privileges of sale ... or in the provision of services ... in connection therewith, because of ... ... ... ( c ) To make, print, or publish, or cause to be made, printed, or published any notice, statement ... with respect to the sale ... of a dwelling that indicates any preference, limitation or discrimination on the basis of ... ... or any intention to make any such preference, limitation, or discrimination. ... IF ANY PART OF NACA IS STATE FUNDED IN ANY WAY, PROHIBITIONS EXIST AGAINST SUCH DISCRIMINATORY CONDUCT. California Gov. Code Section 11135-11139.8. California Gov. Code Sections provide ( s ) protection from discrimination from any program or activity that is conducted, funded directly by, or receives any financial assistance from the state ( of California ). CODE SECTION 11135 ( a ) No person in the State of California shall, on the basis ... marital status, be unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination under, any program or activity that is conducted, operated, or administered by the state or by any state agency, is funded directly by the state, or receives any financial assistance from the state. ( c ) The protected bases referenced in this Section have the same meanings as those terms are defined in Section 12926. ... ( d ) The protected bases used in this Section include a perception that a person has any of those characteristics or that the person is associated with a person who has, or is perceived to have, any of those characteristics. CAL GOV. CODE SEC. 12955 IT SHALL BE UNLAWFUL Cal Gov. Code Sec. 12955 ( e ) : For any person, bank, mortgage company, or other financial institution, that provides financial assistance for the purchase ... .to discriminate against any person ... because of ... marital status ... in the terms, conditions, or privileges relating to the obtaining or use of that financial assistance. ( Here, discrimination surfaces before we even begin the process of application, qualification. NACA employees discriminatory so-called grounds becomes palliative at Purchase and Sale Agreement, or " CLOSING ). Thus, it shows illegal for financial institutions to set discriminatory policies in their terms, conditions, and privileges related to their services on the basis of marital status, .... Gov. Code Section 12955 ( e ), Health & Safety Code, Sec, 35800 et. Seq. Cal Gov. Code 12955 ( i ) For any person, or other organization or entity whose business involves real estate-related transactions to discriminate against any person in making available a transaction, or in the terms and conditions of a transaction because of ... marital status .... ( j ) To deny a person access to, or membership or participation in ... or other service because of " marital status ... ( m ) As used in this Section, " ... marital status ... includes a perception that the person has any of those characteristics or that the person is associated with a person who has, or is perceived to have, any of those characteristics. Accord : It is illegal to discriminate based on terms conditions, privileges relating to financial assistance for the purchase of homes. Cal Gov. Code 12599 ( d ). This includes denying access to. or membership, or participation in real estate organization, or other service ( s ) because of ... or marital status of an applicant for housing. ( See WOMANS RIGHTS HANDBOOK. CAL GOV. PUBLICATION XXXX XXXX XXXX. Last visited,XX/XX/XXXX). Again, Mortgage Consultant XXXX statement -- '' You 're married to her. Then YOU have a house ( words to that effect ) You 're ineligible. I 've been doing this for four years! '' " It is illegal for financial institutions ... mortgage companies to set discriminatory policies in their terms, conditions, privileges, related to their services, on the basis of .... marital status. ( See Cal. Gov. Code Sec. 12955 ( e ) ; Any such imputed " property interest '' only proves " relevant '' at a many -- months -- future nexus of a PURCHASE & SALE, or " CLOSING '' as the case might be, according to NACA 's own document ( s ). By NACA 'S clear terms, any property interest or ownership by applicants remains inapplicable until the applicant ( s ) actions [ or applicant ) ( s ) and third party 's ] setting of a conditional date MANY MONTHS in the future. Thus, the starting of the NACA Mortgage application process should not have been denied. NACA 's own WORKBOOK DISTINGUISHES PURCHASE AND CLOSINGS. pg. 7 ( See Exhibits ). Indicating under NACA 'S HISTORY OF ACCOMPLISHMENTS : " XX/XX/XXXX NACA has highest PURCHASE ( emphasis ours ) program CLOSINGS ever. NACA has streamlined the process closing loans within 28 days from the executed Purchase and Sale. ( Emphasis ours ). The organization and we submit, employees of the organization, ( should ) recognize what is ( a ) Purchase and Sale agreement, and CLOSING. PLAIN MEANING : CLOSING -IN PLAIN MEANING AND UNDER CAL LAW OTHER WORKBOOK ELIGIBILITY REQUIREMENTS INCLUDED : " No person in your household will own another property AT THE TIME OF YOUR CLOSING ''. ( Emphasis ours. See Exhibit, WORKBOOK, page XXXX ). AGAIN, this principle ( XXXX XXXX XXXX ) does NOT HAVE AN INTEREST IN ANY PROPERTY. We informed MC XXXX that at the time of closing, XXXX XXXX would n't either. Closing Escrow : " After confirming recording of the instruments described in the escrow instructions, the escrow holder prepares : - Closing or settlement statements for buyer and seller ( t statements for buyer and seller ( typically in the form of a HUD 1 statement in a sale escrow ) : -Disbursing all funds ; and -Delivering instruments and related documents to the principals or parties entitled thereto. '' California Civ. Code Sec 1057 : " Delivery in escrow. a grant may be deposited by the grantor with a third person, to be delivered on performance of a condition, and, on delivery by the depositary ( sic ), it will take effect. While in the possession of the third person, and subject to condition .... '' ATTACHED EXHIBITS ALL EXHIBITS INCORPORATED BY REFERENCE AS THOUGH FULLY SET FORTH HEREIN.
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| 10/21/2018 |
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- Debt collection
- Other debt
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- Attempts to collect debt not owed
- Debt is not yours
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A ) Intro : Fraudulent Submission to Debt Collection Agencies & Others On or about XX/XX/XXXX [ after a 5+ year stint trying to gain up most favorable resolution ] ; judgment by Superior Courts of XXXX County has finally been served but not before substantial damage ( s ) had been done from trying to resolve every illegal aspect set-forth by Former Landlord and his Co-Conspirers for simply complaining being delivered a cockroach pest infested slum conditioned dump.
So a simple [ but rightful and legal Former Tenant dispute ] against Former Landlord led to Former Landlord intentionally breaching lease agreement contract and intentionally to have violated Arizona Residential Landlord Tenant Act ; then after conducting such negligence that led to being " Wrongfully Evicted ''!
Former Landlord drummed up false allegations and fraudulently submitted me to numerous debt collection agencies and various other agencies in manner to collect on a debt I never was responsible for ; then intentionally gave no cooperation for resolve ; while intentionally failed to have made, any type of appropriate resolve prior to Superior Court Judge to have finalized her XX/XX/XXXX decision.
In manner how Superior Court Judge rendered judgment ; Superior Court judge did not relieve full story within in it's entirety of truth to what actually was set-forth before courts in a self-representing manner so resolve could be gained in full against negligence and fraudulent misconduct. In Superior Court Judge 's XX/XX/XXXX Minute Entry ; confirmation can be found to confirm Superior Court Judge did not relieve full story ; however, attached supporting documentation can fill the gaps to being fraudulently submitted to debt collection agencies.
B ) About Attached Supporting Documentation : Due to in-depth-ness of Pure Fraud that involved Identity theft and Theft by Fraud ; without my presence to give testimony to each attached document ; and because, supporting documentation upload is limited to 10MB, not all documentation to support Consumer Complaint may upload ; but that which can be uploaded will simply reveal at a glance Fraudulent Misconduct of Pure Fraud, Identity theft, and Theft by Fraud and Fraudulent submission to debt collection agencies.
Because Superior Courts failed to relieve full story of circumstances and only gave a summation ; in essence to lessen any considerable confusion that could occur from readings hereof and/or from attached documents ; it might be much easier to [ first and foremost ] review Superior Court 's documented Minute Entries from date of ...
1 ) XX/XX/XXXX where expresses " I did nothing wrong '' and was not the party to have breached lease and violated Arizona Residential Landlord Tenant Act.
2 ) By doing so?
It can become more understandable to my mentioning actions taken by Former Landlord and his Co-Conspirers from onset of dispute ; along with any and all other agencies used to help them carry out their Fraudulent actions ; all parties involved was set to gain profits out of and from negligent misconduct which makes for Pure Fraud that involves identity theft, and Theft by Fraud ; as to my strong belief, that!
Former Landlord and/or anyone of his Co-Conspirers falsified a document to lease agreement contract thus stole my identity by forging my signature to make it appear as though I signature signed the false document in manner falsified document could match with their false allegation they set-forth in courts as defense ; by stating..
Plaintiff, without Defendant 's permission or release, surrendered possession of keys and apartment on XX/XX/XXXX. In doing so, Plaintiff willfully and intentionally breached the rental agreement to which he was a party.
Provided in " Section C '' as follows is " Background Scope & Analysis '' that brings to forefront action of Fraudulent Misconduct worthy to be reported for Consumer Attention Getting Action ; Section C helps substantiate attached documents ; and attached documents help substantiates my " Consumer Complaint '' to how Fraud, Identity theft, and Theft by Fraud occurred as never should have been submitted to debt agencies.
C ) Scope & Background Analysis : On or about XX/XX/XXXX lease agreement contract was entered into with former Landlord XXXX XXXX at XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX, AZ XXXX. On or about XX/XX/XXXX because I complained to [ former landlord ] who intentionally delivered a cockroach pest infested slum conditioned dump that needed much remedy and repair.
On or about XX/XX/XXXX a dispute onset from my written notification expressing being delivered a cockroach pest infested slum conditioned dump ; and hereafter and from this point forward, Former Landlord and his co-conspirers failed to perform any duties held within the lease agreement contract ; or in other words, Former Landlord intentionally breached lease agreement and intentionally violated Arizona Residential Landlord Statues.
According to Arizona Residential Landlord Tenant Act statue Article 5. Retaliatory Action 33-1381, Retaliatory conduct prohibited establishes a Landlord may not retaliate by brining or threatening to bring an action for possession after a Tenant complained to landlord of a violation under section 33-1324.
I made numerous written complaints expressing to Former Landlord infractions that violated Arizona Residential Landlord Tenant Act statue 33-1324. According to Arizona Residential Landlord Tenant Act Article 4 Remedies statue 33-1361 Non-compliance by the landlord ; establishes if a landlord failed to make remedy within five ( 5 ) days of written notification the lease agreement contract terminates.
Instead of Former Landlord making resolution or to have made mutual resolve no later than noon on date of XX/XX/XXXX to mutually term lease ; Former Landlord intentionally maintained me to lease agreement with no intentions ever settling any matters but rather elected to expense time, money, and effort avoiding accepting responsibilities and liabilities for their negligent misconduct ; that came to be discovered as " Fraud ''.
D ) Former Landlord with Co-Conspirers Wrongfully Sued to Evict : With efforts to wrongfully gain possession by prohibited retaliatory misconduct.
On or about XX/XX/XXXX alleging Former Landlord hired an attorney XXXX XXXX XXXX XXXX at XXXX XXXX XXXX XXXX # XXXX XXXX, AZ XXXX [ that together working in harmony ] along with XXXX XXXX XXXX located at XXXX XXXX XXXX XXXX, XXXX, AZ XXXX [ who is named within the lease as Property Manager ] intentionally and illegally made it appear as though I was the " at fault party '' to have breached the lease.
Prior to illegal act of being wrongfully evicted ; Former Landlord " prohibited by law '' retaliated numerous times before bringing an Eviction Action against me as XXXX XXXX XXXX XXXX was the party to have " legally '' made it appear as though Former Landlord and XXXX XXXX XXXX had every legal right to evict, by citing, I failed to pay rent for month of XX/XX/XXXX ; but yet, rent for month of XX/XX/XXXX was contract termed as FREE ; therefore, the act itself was intentional breach of lease agreement and of wrongful eviction.
E ) Motive for Committing Fraud by Wrongful Eviction : Arizona Residential Landlord Tenant Act Article 4 Remedies statue 33-1361 establishes ... if there is a noncompliance by the landlord with section 33-1324 materially effecting health and safety, tenant may deliver a written notice to the landlord specifying acts and omissions constituting the breach, the rental agreement will terminate upon a date not less than five days after receipt of the notice if the breach is not remedied in five days.
When take into account Former Landlord and XXXX XXXX XXXX intentionally breached entire lease agreement contract by failing to perform lease agreement contract obligated duties ; plus, intentionally violated statues of Arizona Residential Landlord Tenant Act, then further take into account, that?
a ) Former Landlord failed to move me to another rental unit as mutual resolve prior to noon on XX/XX/XXXX b ) Former Landlord failed to make any remedies to rental unit # XXXX prior to noon on XX/XX/XXXX.
c ) Former Landlord had no intentions to mutually term lease agreement by noon on XX/XX/XXXX.
d ) Because Former Landlord failed to come to a mutual resolve no later than XX/XX/XXXX.
XXXX ) From on or about XX/XX/XXXX that moved through XX/XX/XXXX I delivered numerous written notifications requesting Former Landlord to make remedy to former rental unit # XXXX ; but no remedies were ever made.
On or about XX/XX/XXXX actions that XXXX XXXX XXXX XXXX and company under took filing a false " Complaint Eviction Action constituted intentional breach of lease agreement that meant under Arizona Residential Landlord Tenant Act statue 33-1321.
Former Landlord had an obligated duty to return my move-in costs of security deposit of {$50.00} dollars for securing a unit and return pro-rated expense of {$190.00} expensed for XX/XX/XXXX rent ; but yet, when learned from my written notification ( s ) of XX/XX/XXXX and XX/XX/XXXX I wanted to mutually term the lease ; Former Landlord had no intention ever returning move-in costs of {$240.00}.
Because I had interest to mutually term lease agreement by noon on XX/XX/XXXX ; Former Landlord knew he would be losing my business of a 6 month lease agreement term that amounted to {$3000.00} dollars.
On or about XX/XX/XXXX Former Landlord teamed with XXXX XXXX XXXX and XXXX XXXX XXXX XXXX and on XX/XX/XXXX ; Former Landlord and his co-conspirers wrongfully sued to evict to have made it appear as though I was the " at fault '' party to have failed to pay rent for XX/XX/XXXX which means?
Former Landlord 's only true intentions were to commit FRAUD which extents prior to lease agreement contract to have commenced into effect but took pursuing civil legal action in Superior Courts of XXXX County before cold hard facts of Theft by Fraud, Identity Theft, and Pure Fraud could unravel in full.
F ) How Action of Fraud By Wrongful Eviction Was Masked : The act of Former Landlord, XXXX XXXX XXXX XXXX, and their representing Attorney XXXX XXXX XXXX XXXX to have filed a sue to evict action in court of law was not only an act to avoid accepting responsibility liability for their negligent misconduct.
The act of Former Landlord and his co-conspirers to have falsely filed a Complaint Eviction Action in small claims judicial was mere smoke and mirrors to mask the act of committing FRAUD!
On or about XX/XX/XXXX I filed my answer reply to XXXX XXXX XXXX XXXX 's fraudulent and falsified " Complaint Eviction Action '' ; included within my answer reply were my exhibit of " Concession Addendum '' exhibiting XX/XX/XXXX rent was contract termed as FREE.
On or about XX/XX/XXXX I was set to appear to court to defense against Former Landlord 's falsified allegation ( to have allegedly ) failed to pay rent for month of XX/XX/XXXX in essence Former Landlord and XXXX XXXX XXXX XXXX XXXX could not gain judgment by default ; for if held true, that if, Former Landlord and XXXX XXXX XXXX had every legal right to sue to evict for my failure to pay rent for XX/XX/XXXX.
Former Landlord and XXXX XXXX XXXX XXXX through their counsel XXXX XXXX XXXX XXXX would not have voluntarily dismissed their own small claims court case on XX/XX/XXXX without prejudice but rather allowed for court Judge of smalls claims judicial to settle any dispute to whether or not suing to evict was proper and the most needed action worthy to be carried out, but?
Action taken by Former Landlord and XXXX XXXX XXXX XXXX. though their counsel XXXX XXXX XXXX XXXX were of no accident but rather an intentional strategic act voluntarily dismissing their small claims court case for purpose I would not appear to testify against their false Complaint Eviction Action '' as any judge to have resided over my testimony and evidence immediately would have seen rent payment was not due until XXXX XXXX.
XXXX XXXX XXXX XXXX and company filed a false " Complaint Eviction Action '' cause their intent was not to settle any matters but rather commit FRAUD by making it legally appear as though I would be the at fault party to have failed to pay XX/XX/XXXX rent in manner to keep and maintain my move-in costs of {$240.00}, and in manner to keep expensed court costs of {$45.00} dollars it cost for me to defend against a false allegation ; while all at the same time, profit gain legal fees, and other costs deemed by Former Landlord despite their negligence ; but as so happened to be?
On or XX/XX/XXXX I gave spoils to Former Landlord, XXXX XXXX XXXX XXXX ; and XXXX XXXX XXXX XXXX 's fraudulent act of making false allegation in small claims courts of justice whence I filed my court answer reply to being wrongfully evicted, as you would think?
Former Landlord and his Co-Conspirers would have ceased their Fraudulent Misconduct on this day of XX/XX/XXXX ; but Former Landlord and his Co-Conspirers were non-phased, they simply had more than one ( 1 ) way to commit FRAUD at getting me submitted to Debt Collection agencies.
G ) Former Landlord and his Co-conspirers Forced Civil Legal Action : On or about XX/XX/XXXX hereafter XXXX XXXX XXXX dismissed their falsely filed and fraudulent " Complaint Eviction Action '' ; I made attempts to make resolve with Former Landlord in manner to recover incurred damages no later than XX/XX/XXXX ; and alerting if no resolve was made by XX/XX/XXXX, I would pursue civil legal action.
Instead of Former Landlord making attempt ( s ) to make resolve no later than XXXX XXXX?
On or about XX/XX/XXXX Former Landlord delivered a " Move Out Statement '' alleging debt owed {$3400.00} to which I did not understand such charges since rent for month of XX/XX/XXXX was contract termed as free.
Instead of Former Landlord coming to a resolve or resolution to avoid any type of legal proceedings?
Former Landlord directed matters to their attorney XXXX XXXX XXXX XXXX who on or about XX/XX/XXXX delivered written notification citing " Please be advised that my client has no intention to settle this matter with you because my client did nothing wrong '' ; then proceeded to cite in belief, their client, but my former landlord [ XXXX XXXX at XXXX XXXX ] had every right to pursue eviction action, then on top of this action?
Former Landlord with their representing attorney added in a touch of intimidation and threat by citing " If you pursue legal action against our client, we will take all legal action necessary to recover from you all damages, costs and attorney 's fees incurred with defending XXXX at XXXX [ formally known as ] Smoketree Apartments ; as it turn out to be to what I felt were of a threat by Former Landlord ; actually, it were of no threat.
Before I could act on taking civil legal action against Former Landlord ; on or bout XX/XX/XXXX Former Landlord fraudulently submitted me to collection agency of XXXX. XXXX XXXX XXXX XXXX for amount of {$3300.00} for reasons I could not gather and could not understand at this time.
H ) Efforts Resolving Fraudulent Debt Collection Action : Prior to taking any civil legal action against Former Landlord ; on or about XX/XX/XXXX I moved to gain understanding for resolve from Former Landlord and their representing attorney XXXX XXXX XXXX XXXX ; but instead of Former Landlord and XXXX XXXX XXXX XXXX co-operating for resolve, I received written notification from XXXX XXXX XXXX XXXX who cited in bold print " Please Be Advised That This Communication is From A Debt Collector ''.
On or about XX/XX/XXXX [ as a self-representing entity ] I moved to file a claim in small claims court in manner to prove Former Landlord breached lease agreement and to recover for damages incurred to my personal property and personal belongings.
In midst of filing a claim at small claims judicial I notified collection agency XXXX. XXXX XXXX , XXXX. to gain understanding to a XX/XX/XXXX debt action.
On or about XX/XX/XXXX ; XXXX. XXXX XXXX , XXXX. returned reply stating balance owed {$0.00} dollars stating account been received in error ; but to my firm belief, account was not received in error, Former Landlord made a retaliatory but a fraudulent move to have fraudulently submitted me to XXXX. XXXX XXXX , XXXX, but I had no solidified proof to prove my suspicion during this time to prove Fraud in its entirety.
I ) Abuse of Legal Justice System to Commit & Carry out Fraud Already discussed under " Section E '' of Former Landlord and his Co-Conspirers filed a wrongful eviction action in small claims judicial courts ; in lieu of attached " Complaint Eviction Action, if pay close attention, the " Complaint Eviction Action '' illustrates that ; Former Landlord, XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXX stood to gain profits up to {$8900.00} dollars from their served up negligence and fraudulent misconduct if I had not made dispute against their fraudulent claim that led to being wrongfully evicted.
So of course?
Hereafter I filed and served my XX/XX/XXXX small claims complaint in essence to recover property damage and to prove Former Landlord was the party to have breached the lease ; instead of Former Landlord to have come to a small claims court case resolve?
Former Landlord hired XXXX XXXX XXXX XXXX to intentionally dismiss my small claims court case which came dismissed on or about XX/XX/XXXX ; and just like XXXX XXXX XXXX XXXX delivered in their XX/XX/XXXX written communication ; to have cited ...
" If you pursue legal action against our client, we will take all legal action necessary to recover from you all damages, costs and attorney 's fees incurred with defending XXXX at XXXX [ formally known as ] XXXX XXXX, and so they did, but yet, in manner for XXXX XXXX XXXX XXXX to have gained judgment ; XXXX XXXX XXXX XXXX perjured under oath to maintain their fraudulent scheme and claim to fraudulent collect on a debt by making a false claim whence alleged ....
Plaintiff, without Defendant 's permission or release, surrendered possession of keys and apartment on XX/XX/XXXX. In doing so, Plaintiff willfully and intentionally breached rental agreement to which he was a party.
By XX/XX/XXXX legal costs and fees incurred of attorney fees at {$4000.00} and costs in amount of {$190.00} as interest accrued at rate of ( 4.25 % ) for losing my small claims court case against Former Landlord.
Actions of XXXX XXXX XXXX XXXX XXXX appear to have had all legal rights to recover legal fees and costs for representing their client of XXXX XXXX at XXXX XXXX ; XXXX XXXX XXXX XXXX judgment for legal fees and costs did not follow in accordance with small claims judicial practices ; but rather, XXXX XXXX XXXX XXXX intentionally moved my small claims court matters to the justice of peace to be dismissed in manner [ as being alleged ] to prevent their Fraud from being exposed, as once again to the mentioning, in that if, I had appeared in court to testify?
Any judge to have resided over my testimony and evidence would have immediately seen Former Landlord, XXXX XXXX XXXX XXXX, and XXXX XXXX XXXX XXXX filed a false allegation against me.
J ) Pure Fraud by Fraudulent Debt Collecting Action ( s ) : Instead of Former Landlord leaving matters as they may from XX/XX/XXXX that XXXX. XXXX XXXX , XXXX received account from XXXX at XXXX regarding unit # XXXX in error and account balance at {$0.00} ; Former Landlord submitted me to yet another collection agency of U.S. Collections West, Inc. for amount of {$3400.00}.
Action taken by Former Landlord through their counsel XXXX XXXX XXXX XXXX was nothing more than ongoing retaliatory misconduct accompanied with Pure Fraud.
Hereafter XXXX XXXX XXXX XXXX committed perjury under oath claiming I willfully walked away from my lease agreement obligations ; and that of, Former Landlord to have submitted me to U.S. Collection West , Inc. for amount of {$3400.00} after matters had resolved with XXXX. XXXX XXXX , XXXX on XX/XX/XXXX.
Former Landlord gave no other alternative but for me to pursue matters at division of Superior Court of XXXX County for resolve to help determine to whom breached the lease.
K ) Superior Court Civil Legal Action Had to Be Taken : On or about XX/XX/XXXX [ still a self-representing entity ] I filed a Breach of Contract claim with Superior Court Clerk of XXXX County citing contributory negligence that involved Former Landlord, XXXX XXXX XXXX XXXX, and XXXX XXXX XXXX XXXX in manner for judicial courts to determine what party or parties breached lease agreement, violated Arizona Landlord Tenant Act, and for Fraudulent misconduct.
Former Landlord and XXXX XXXX XXXX , XXXX hired XXXX XXXX XXXX XXXX to represent against my Superior Court Case ; during Superior Court proceedings, on a number of occasions Former Landlord and XXXX XXXX XXXX XXXX. had ample opportunities to make resolve prior to judge delivering verdict.
My Superior Court Claim was filed in Superior Courts on or about XX/XX/XXXX and should have reached and/or come concluded [ approximately ] no later than year end of XX/XX/XXXX ; but instead of Former Land and XXXX XXXX XXXX XXXX resolving all matters through their counsel XXXX XXXX XXXX XXXX while under jurisdiction of Superior Court.
Accompanied by actions of Superior Courts of XXXX County who failed to uphold Ariz. R. Civ . P. Rule 1 Scope and Purpose that established rules that govern the procedure in all civil actions and proceedings in Superior Court of Arizona ; they should be construed, administered, and employed by the court and parties to secure just, speedy, and in expensive determination of every action and proceedings.
Former Landlord, XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXX failed to uphold Ariz. R. Civ . P. Rule 1 Scope and Purpose whence intentionally delayed trial by performing all types of " bad faith '' litigation tactics rather than to have made resolve no later than XX/XX/XXXX.
L ) Additional Fraudulent Discoveries : While XXXX XXXX XXXX performed " bad faith '' litigation actions during Superior Court proceedings ; a sum of about four ( 4 ) years expired from date dispute initially onset that on or about XX/XX/XXXX while under oath of Superior Courts of XXXX County?
XXXX XXXX XXXX XXXX and company delivered under Ariz. R. Civ . P. 26.1 their Disclosure Statement that's of information XXXX XXXX XXXX XXXX expected to present into trial as exhibits and/or as evidence upon whence a trial date would get set.
Inclusive with XXXX XXXX XXXX XXXX and company 's disclosure of information was ...
1 ) A copy of a document entitled " Statement of Unit Condition '' that came as part of the lease agreement ; that this lease agreement, was delivered as a falsified document with my signature being forged.
2 ) Inclusive with XXXX XXXX XXXX XXXX and company 's disclosure of information was the Residential Ledger from XXXX XXXX XXXX with drummed up Fraudulent Charges that totaled {$650.00}.
3 ) Inclusive with XXXX XXXX XXXX XXXX and company 's disclosure of information was the XXXX XXXX XXXX Bill from XXXX at XXXX with drummed up fraudulent charges of {$740.00}.
4 ) and Inclusive with XXXX XXXX XXXX XXXX and company 's disclosure of information was ...
a copy of the Move out Statement with drummed up fraudulent charges of {$3400.00} I'd seen from on or about XX/XX/XXXX.
Because of my discovery to additional drummed up fraudulent charges ; because of my discovery to finding my signature fraudulently had been forged to a falsified document ; and discovering that, my identity had been compromised by my name being forged.
While under oath of Superior Courts of XXXX County?
Ariz. R. Civ . P. 26 ( g ) provided me the legal right to conduct a " discovery '' investigation via Personal Consultation with XXXX XXXX XXXX XXXX ; on or about XX/XX/XXXX I delivered written personal consultation to XXXX XXXX XXXX XXXX addressing my discovery concerns but gained no response nor cooperation from XXXX XXXX XXXX XXXX.
In manner having to prove to courts during trial proceedings my signature had been forged to the lease agreement contract [ document of ] Statement Unit Condition.
On or about XX/XX/XXXX I hired a handwriting analysis expert to examine the document in question with my forged signature ; results returned, my signature indeed had been forged thus confirming I had not authored the document that came into question thus confirming someone stole my identity by forging my signature.
M ) Reservation Agreement for Holding Former Rental Unit # XXXX : Prior to Former Landlord, XXXX XXXX XXXX XXXX and XXXX XXXX committing prohibited retaliatory misconduct that led up to being wrongfully evicted ; on or about XX/XX/XXXX I visited XXXX at XXXX XXXX formerly known as XXXX XXXX XXXX ; it was verbally addressed if interested to renting an apartment I must pay {$50.00} dollars security to hold or reserve a unit.
On or about XX/XX/XXXX I paid amount {$50.00} dollars as security deposit to secure a rental unit for leasing.
It's standard procedure in manner if there is an occurred error needed to be remedied, standard error correcting procedure is to simply draw a single line through error and make proper correction, and bring to attention of person who made and/or created error if not present ; but if present, error correcting should be done while person is presently available.
On or about XX/XX/XXXX I visited Management office of Former Landlord to follow up regarding leasing a unit ; on this day of XX/XX/XXXX, I was introduced to the Reservation Agreement Certificate, the Reservation Agreement Certificate substantiates XXXX XXXX and XXXX XXXX XXXX XXXX reserved rental unit # XXXX for my leasing pleasures but immediately noted upon being addressed about the lease agreement, the leasing term was incorrect.
Former Landlord 's Management reserved rental unit # XXXX for a 12 month term ; but yet, I never addressed Former Landlord 's Management I desired a 12 month lease ; I only desired a 6 month lease agreement term ; Former Landlord 's Management who bore initials " SB '' properly drew a single line through error and made proper changes to meet my desired rental-leasing agreement pleasures of a 6 month term.
On this day of XX/XX/XXXX while being addressed by Former Landlord 's Management regarding move-in costs of pro-rated rent ; it was addressed, amount owed was {$190.00} ; but yet, never a discussion about a Non-refundable Administrative fee of {$120.00} dollars needed to be paid.
N ) Former Landlord & XXXX XXXX XXXX XXXX. Committed Theft By Fraud of {$50.00} Dollars : When delivered money order of {$50.00} dollars on XX/XX/XXXX that represented reserving rental unit for leasing ; while my presence was known, Former Landlord failed to make any kind of error correction to my submitted payment of {$50.00} dollars as a security deposit to hold a rental unit ; here fore, on this day of XX/XX/XXXX, Former Landlord accepted payment as a security deposit for holding a rental unit.
On or about XX/XX/XXXX when visited Management office of Former Landlord to follow up regarding a leased unit being on hold ; on this day of XX/XX/XXXX, while my presence was known, Former Landlord failed to make any kind of error correction to my submitted payment of {$50.00} dollars as a security deposit ; here fore, on this day of XX/XX/XXXX, Former Landlord accepted payment as a security deposit for holding a rental unit.
On or about XX/XX/XXXX when visited office of Former Landlord to sign lease agreement ; on this day of XX/XX/XXXX, while my presence was known during lease agreement signing, Former Landlord failed to make any kind of error correction to my submitted payment of {$50.00} dollars as a security deposit ; here fore, on this day of XX/XX/XXXX, Former Landlord accepted payment as a security deposit as to have held a rental unit for leasing that took effect on XX/XX/XXXX, which means?
If payment of {$50.00} dollars had other means of use other than for " Security Deposit '' to reserve a unit for leasing ; Former Landlord was responsible to have made proper error correction while my presence was known and available to him on XX/XX/XXXX, but Former Landlord failed to bring any error correcting needs to my attention.
Because Former Landlord accepted payment of {$50.00} dollars in manner to hold an apartment unit to be leased as leasing terms would commence on XX/XX/XXXX ; holding and reserving an apartment unit for lease can be construed as a " Security Deposit '' where such term of " Security Deposit '' applies within the Rental Agreement.
According to Rental Agreement having to pay a Security Deposit to hold, reserve, or secure a rental unit for lease was clearly termed as N/A ; so mere fact, is that, Former Landlord fraudulently took my {$50.00} dollars without applying it for it's intended delivered purpose, then failed to return my {$50.00} dollars payment, is nothing but FRAUD by keeping and maintaining profits gained by negligence, but FRAUD did not conclude at this juncture.
O ) Fraudulent Rental Agreement : A Non-refundable Administrative fee of {$120.00} dollars appears to Rental Agreement but appears in manner as a need for separate payment that would strictly define a Non-Refundable Administrative fee for {$120.00} dollars as same would apply for expenditure of pro-rated rent being of a separate payment for {$110.00} in manner pro-rated rent is strictly defined within the rental agreement as payment for pro-rated rent.
The Reservation Agreement Certificate states move-in costs at {$240.00} that was never signed by me ; on or about XX/XX/XXXX I paid move-in costs of {$50.00} dollars as security so a rental could be reserved on hold for leasing ; then on or about XX/XX/XXXX I paid amount of {$190.00} for move-in costs as pro-rated rent which summed to be {$240.00} for a total move-in to commence on XX/XX/XXXX.
According to Rental Agreement a Non-Refundable Fee amounts to {$120.00} dollars plus {$2.00} for tax that totals {$120.00} for a Non-Refundable Administrative fee.
On page 2 of 24 of Rental Agreement sub-topic of Administrative Fee states Owner hereby acknowledges receipt from Resident ( s ) of a non-refundable Administrative fee in amount of {$120.00} which shall immediately be used by Owner to help defray the administrative costs associated with preparing the lease paperwork ; as stated prior, this action of Non Refundable Administrative Fee deserved it's own separate payment for strictly being defined as payment for Non Refundable Administrative Fees but I never directly paid amount of {$120.00} for Administrative Fees.
Payment given was {$50.00} dollars for reserving a unit and {$190.00} for pro-rated rent ; but yet, according to Rental Agreement, pro-rated rent in amount of {$110.00} was due on XX/XX/XXXX to cover period from XX/XX/XXXX to XX/XX/XXXX, but yet?
Former Landlord accepted payment of {$190.00} on or about XX/XX/XXXX ; which actually, and by Rental Agreement Terms is five ( 5 ) days prior to XX/XX/XXXX ; so facts are, pro-rated rent of {$110.00} dollars was due on XX/XX/XXXX which is same date lease agreement were to take and effect and actually took but fraud did not conclude at this juncture ... spacing is limited.
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| 02/06/2022 |
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- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
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- Problem with a credit reporting company's investigation into an existing problem
- Their investigation did not fix an error on your report
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I have filed a complaint with all 3 reports and I provided proof that XXXX XXXX XXXX shouldn't be on my report at all as the vehicle I purchased was a fraudulent loan. I provided proof that I was denied the loan at a lower rate and lower price and then the dealership illegally provided 2 additional contracts each were done 2 weeks apart and 2 weeks apart from the one I was denied but then the loan company accepted the 3rd contract that was for a higher amount higher percentage and the dealership also asked me for an additional $500 down from the original $1000 down and when I provided it they didn't put it into the down payment and told me "it was put into the back end of the loan" at which point I refused to sign that 3rd contract that was already illegal because they cannot issue more than 1 contract unless it's all done on the same date and not on additional dates done later which is what was done & I provided the proof to the 3 reporting agencies as well as proof that the loan company didn't even follow the paperwork that showed the dealership responsible to pay my 1st 2 payments that they signed on an I.O.U. document they had with my contract but then the loan company reported them as missing payments and reported them as being behind in payments. I was also made and forced to sign the contract when I requested my money back from the dealership immediately upon giving me the 3rd contract which was done 6weeks after the 1st contract I signed that was denied by the loan company stating I didn't have the credit to afford the 1st contract but then they approved the 3rd that illegally didn't show my additional $500 I put down and so the dealership paid off an undercover metro police officer to scare me into signing it by putting me in handcuffs and threatening me with being charged with theft as if I had stolen the vehicle since I had the vehicle since the 1st contract 6weeks earlier (I was told that the loan company was also aware of what was being done to me and I called them the day after I signed it under duress after they did that to me at the dealership and requested my down payment & wanted the vehicle turned back in within my recession period after signing in the day before and they refused and told me the down payment was staying at $1000 even though I paid $1500 which was the reason they said I was denied the 2nd contract cuz they needed more down but then they did this to me). So when they denied me trying to stop this plus I didn't know how I could even be approved for the amount even I was on such a low fixed income and only wanted to spend less than $8000 on a car and they denied my 1st contract 6weeks earlier at a lower amount but now we're approving over $17k when I wasn't approved the 1st one at over $15k? The results were from not having a good debt to income with a whole slew of other problems they said I wasn't approved. So my only opportunity to make this right was to file a complaint with the DMV where I shared how they lied about my down payment, had me sign 3 different contracts all 6 weeks apart and I had proof and shared it and told them of signing it due to being put in handcuffs cuz they paid off an off duty cop that they told me about after I signed it because it cost them an additional $500 to pay off the cop so they were asses and told me that my $500 extra went to hiring the off duty cop. I also had a friend at the time that went thru them and her problem was that she didn't have money for a down payment so they told her lie and say that she paid a $2k down payment when she didn't pay anything for a down payment. She also gave her information to the DMV when they did their investigation. The DMV also went under cover and had their team go into the dealership with both scenarios in mind and represented both situations with their investigators and the dealership was in violations of the law and again proved my accusations to be true and substantiated. The DMV immediately revoked the dealerships business licenses and all owners and anyone associated with running the dealership was given lifetime revoked licensing that they will not issue licenses to any of these individuals or business entities any licenses for the state of Nevada at all ever. I was provided with a letter stating this and that my coerced signature of my contract with the dealership should be accepted as a void of my contract with my down payment returned to me and they said that if it is not then I should volunteerily return the vehicle to the loan company and request my monies be returned and that my credit report is not negatively effected by any of this. They said that the loan company is as liable as the dealership because they are responsible for doing business with reputable dealerships that are working within the law and that if they are working with companies that are not within t |