| 08/31/2023 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt is not yours
|
|
Web |
Older American |
|
Debt collector obligations
809. Validation of debts
(Part 1 of a 2 Part CFPB Complaint)
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Hayt, Hayt XXXX Landau, P.LXXXX XXXX XXXX XXXX XXXX XXXX XXXX FL XXXX
Reference HHL File # XXXX (6 files)
Received on XXXX XXXX, XXXX
Dear Debt Collector:
It was a bright cold day in XXXX and the clocks were striking thirteen, XXXX XXXX, XXXX at 1 (XXXX). In this case, Defendants argument is like the thirteenth chime of a clock: you not only know its wrong, but it causes you to wonder about everything you heard before. Chief United States District Court Judge XXXX XXXX XXXX XXXX District of Florida, in case # XXXXXXXX wrote the above OPENING LINE at Page 1 by quoting the famous opening line of XXXX XXXX dystopian novel XXXX, the book that introduced the world to the concept of XXXX XXXX. Judge XXXX OPENING LINE sets the stage of exactly what to expect in his 139 page scathing decision in his Order on Motions for Preliminary Injunctions filed XXXX The 1XXXX thirteenth strike of all of the clocks at the same time calls into question not only the credibility of itself but of the previous twelve. In the 1XXXX world of XXXX XXXX, the clocks striking thirteen is not an aberration, but a normal way of life where Every record has been destroyed or falsifiedevery date has been altered. Was the Novel XXXX writing about and predicting the out of control and never ending Credit Reporting and Debt Collector fiasco ??? Another relevant Orwellian XXXX quote stated: In the end the Party would announce that two and two made five, and you would have to believe it. Well Debt Collectors and Creditors, like the totalitarian XXXX Party, can make outrageous false claims, such as [2 + 2 = 5], but Im not buying it, Im not getting tricked and Im not getting abused as I have the freedom, power, law and common sense to reject them. Just keep continually revisiting the OPENING LINE many times as you read, take notes, reread, investigate, research, talk to experts, talk to clients, reinvestigate and get to know and understand the following facts and argument!! Start by first trying to figure out and explain how my credit score, per the attached exhibit, was impossibly reduced to 0 on XXXX XXXX XXXX based on my XXXX credit report. Did you cause it??? Are you responsible??? But first, should your limited resources be wasted on pursuing an insolvent judgment proof handicapped dying Senior Citizen on Social Security with a ZERO (0) credit score??? Judge Walker needed 139 pages to address the obvious. Your appropriate response requires many many many more than 139 pages to address my following issues. It should be a NO-BRAINER that you and your predecessors and successors in interest MUST UNCONDITIONALLY and PERMANENTLY STOP, CEASE AND DESIST ALL COLLECTION EFFORTS on the disputed purported debt to mitigate damages. Its not rocket science, Its not brain surgery, Its a piece of cake and Its a walk in the park are common phrases that describe concepts or tasks that are easily understood or performed that are certainly applicable here. Dont be XXXX!! You have no viable ALTERNATIVE! Tell the CFPB in your required response that you permanently cease all collection efforts with a notation that an ARBITRATION filing, if one exists and is applicable, is the only permissible future communication!!! If an ARBITRATION agreement exists, please be absolutely clear and dont directly or indirectly wrongly threaten or imply filing a prohibited court action or lawsuit as it would be considered a FDCPA violation intended to harass, threaten and abuse!!!
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 XXXX XXXX CFPB DATA BREACH affecting at least 256,000 consumers has almost certainly affected me so I must be overly careful to guard against scammers to limit erroneous release of my private data and communications. For this and other obvious reasons, I need you to STOP further communications and I obviously need the requested documentation proof regarding any claims as any claims are suspect absent complete documentation. Notice is Given that I forever object to the voice recordings of any kind and I therefore do not consent for anyone to record calls with me without my prior written consent which I will never authorize. Once a debt collector receives this letter requesting that they immediately STOP contacting me in any way, theyre not allowed to communicate with me again except to tell me there will be no further contact, provide me with documents requested, or advise me of specific planned legal actions within 20 days that may legally be allowed, such as filing an Arbitration action against me as a lawsuit is not permissible and cannot be threatened under the FDCPA if an Arbitration Agreement exists. So please dont threaten me with any barred court litigation which would violate any Arbitration Agreement as I will consider it a violation of state and federal statutes. If you stop your collection of this purported debt, and forward or return it to another company, please indicate to them that it is DISPUTED in its entirety by forwarding all past documents in the file and communications including this letter. If you report it to a credit bureau (or have already done so), also report that the debt is DISPUTED as required by FCRA, FDCPA and the 350+ page 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 paper credit reports of Trans Union dateXXXX XXXX XXXX, XXXX and XXXX XXXX XXXX XXXX and the account number referenced in your letter is not included in my credit reports, possibly due to reckless negligence in data reporting under the XXXX XXXX compliance protocols contained in its 355+ page manual. Accurate account number reporting of accounts is required under XXXX 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. The most troubling, malicious and intolerable willful FCRA violations possible occurred when my credit score was impossibly reduced to ZERO on XXXXXXXX based on my XXXX/XXXX XXXXXXXX credit report due to XXXX, BOTS, SCAMMERS, debt/bill collectors and/or FRAUDSTERS illegally tampering with my credit files via XXXX XXXX and other data submissions to purposely damage my credit score to ZERO for a sinister purpose. XXXX XXXX IS WATCHING YOU!! That includes the CFPB, the FED, the OCC, the FDIC, the DOJ, the FTC and other regulators who are ALL watching every move you make and ready to put you out of business. 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 September 2022, I was a victim of Identity Theft when scammers wiped out my checking account funds due to my bank breach and bank error when multiple debit card numbers were submitted and approved by possible random guessing without my card expiration date, 3 digit security code, Name, address, or other required data to process a transaction. I never used the debit card and my debit card was safely locked away and under my exclusive control at all times. After multiple calls and secure messages to my bank, I filed a complaint with the CFPB and the bank still has not discovered how the breach and fraud happened. If a random guess at a debit card can wipe out my checking account, it would be easier to guess at bank credit card numbers in a debt collector scam warned by the CFPB. Are you a SCAMMER victimizing me with IDENTITY THEFT? Are you trying to SCAM an elderly senior citizen? I need AFFIDAVITS with the requested proof. I need the requested proof! I will not get scammed again. I trust NOONE, even 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 years old elder male and XXXX with XXXX in poor health and judgment proof and all my income is from EXEMPT sources such as federal Social Security benefits with my average balance in my social security account is below my monthly SS deposit and never more than 2 times my monthly deposit. I simply have no assets or income which anyone can attach from pointless, abusive or frivolous litigation intended merely to harass and XXXX XXXX Moreover, last year I have been affected by XXXX XXXX XXXX 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 bankruptcy relief if and when necessary, filing objections to all claims and submitting my claims for damages through bankruptcy adversary proceedings. Do you want to pay an Arbitrator $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 XXXX 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 $100,000+ in attorney fees and punitive damages? Do you want to risk the CFPB coming after you demanding $10,000,000+? Do you want to lose clients and be put out of business by the CFPB? I object to having accounts reported on my credit reports as reporting is unconscionable!
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.
|
| 08/31/2023 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt is not yours
|
|
Web |
Older American |
|
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 XXXX XXXX XXXX XXXX at XXXX. That website will thus provide a few more states where the debt collector might be licensed. I purposely repeat myself to make it clear that I need to know complete details of what licenses you are required to have and what licenses you have.
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 responsible for actions of the bill collector agents. Again, as stated above purposely several times to make the point absolutely clear, please stop contact and cease further communication of any kind whatsoever.
I have also stated several times what advocates call the Exempt Income Letter to avoid fruitless expenses. If a consumers only sources of income are state or federal government benefits, their income may most likely be exempt or protected from collection. If the collector is informed that government benefits are the consumers only source of income, the collector may voluntarily stop contacting them about the alleged debt. Collectors can be informed that all of the consumers income is exempt which I have done to avoid an unreasonable multiplicity of proceedings having no purpose. Again, All of my limited income is from EXEMPT sources!
Again, you should consider this a Dispute Letter as I DISPUTE the entire purported claim. If the consumer believes the debt is not theirs, that the amount is incorrect, or that there is some other error, the consumer or their attorney should send the collector a dispute letter. Collectors make a lot of mistakes and disputing the debt may help resolve the matter.
Federal law requires debt collectors to provide validation information about the alleged debt and consumers rights to dispute the debt. Collectors will be able to provide this information in writing.
It is recommended that if a debt collector claims to have sent a notice previously but the consumer never received it, ask for another copy. Keep a copy of any letters that are sent. It is best to send the letter by mail, return receipt requested. A CFPB complaint is the best method to document a DISPUTE and Debt Validation as it not only proves delivery to the Debt Collector but it requires the Debt Collector to respond promptly. Debt Validation letters and Disputes can also be sent electronically using any type of electronic communication that the debt collector uses to accept consumer communications. If the collection agency accepts emails from consumers, the dispute letter can be sent via email. To insure this letter is not lost, delayed in the mail or mishandled by the Debt Collector, I am also sending this letter with any attachments via the CFPB Complaint Portal and website to assure receipt and guarantee a timely response.
Advocates such as the CFPB state that a dispute letter may be combined with a request for more information in a Verification Letter.
Often it is not even clear what debt a collector is contacting the consumer about, and in that case, the consumer should not pay the collector until more information is obtained. Federal law requires debt collectors to provide validation information about the alleged debt. However, the consumer may still have more questions about the alleged debt. My letter demands documentation which is indispensable in determining the amount and validity of the purported claim.
The FCRA requires every CRA and Furnishers to maintain reasonable procedures in their operations to assure maximum possible completeness and accuracy of data in the credit reports they report and publish. Credit reporting laws ensure that bureaus report only 100 % accurate credit information. The CFPB has repeatedly criticized the dispute process involving Furnishers and CRAs. CRAs routinely fail to forward complete written disputes to Furnishers and routinely PARROT non existent investigations and certifications from Furnishers and fail to delete and prevent known Facially False Data in violation the recent directives of XXXX XXXX, CFPB Director. To enforce the FCRA, I have filed multiple direct and indirect CRA/Furnisher written disputes including about 100 CFPB complaints yet virtually no dispute is listed on my credit reports as Disputed as required in willful violations of the FCRA and XXXX XXXX protocols. To the extent that your purported debt has been directly or indirectly included in any of my written disputes, in accordance with The Fair Credit Reporting Act, Public law 91-506, Title VI, Section 611, Subsection A-D, please provide ( in addition to all facts regarding investigation records ) the names and business addresses of each individual with whom you client verified the purported debt reporting above, so that I may follow up. Every step must be taken to assure the information reported is completely accurate and correct. Furthermore, each of my credit reports for each account contain different and conflicting data on my paper credit reports and data required from Furnishers is either negligently or purposely missing, impossible, incorrect or conflicting and more importantly, Data submitted through XXXX XXXX is not contained on my paper credit reports resulting unknowingly to be of current accounts being falsely reported as 60 days late with credit scores being up to XXXX points lower than expected. XXXX XXXX compliance is out of control. For your purported debt, if it has been reported to a CRA, I need the actual XXXX XXXX submissions ( translated into XXXX ) for the last 3 years including every monthly and required interim submissions. If I have ever disputed an account with any creditor, I expect every credit report to continually contain the required and mandatory notice that it is DISPUTED which is not happening constituting willful FCRA violations. Any further violations of federal statutes will incur liability for actual, statutory, and punitive damages plus attorney fees and costs.
15 USC 1681s-2 : Responsibilities of furnishers of information to consumer reporting agencies Text contains those laws in effect on XX/XX/XXXX 1681s2. Responsibilities of furnishers of information to consumer reporting agencies ( a ) Duty of furnishers of information to provide accurate information ( 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.
( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if- ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate.
I insist on 100 % compliance with all FCRA and all statutes and knowingly reporting inaccurate information after notice shall constitute willful and negligent violations of the FCRA, subjecting violators to statutory damages of {$1000.00} per incident plus huge punitive damages for repeated known repeated violations. Any current or future debt collector or debt buyer is obligated to investigate and ascertain the extent of and existence of actual or potential FCRA violations before furnishing data to any CRA.
To insure compliance with the FCRA and other statutes, your written response must include the purported exact month-day-year for the Date of First Delinquency and the exact day-month-year that the disputed claim would be required to be deleted from every CRA account under the 7 year statute of limitations for credit reporting assuming no payments are made in the future.
There is a Duty to Provide Notice of Delinquency of Accounts. In order for there to be a uniform date by which all consumer reporting agencies would compute the seven-year reporting period for adverse items of information, Congress included section 623 ( a ) ( 5 ) with the intent that the seven-year reporting period begin with the commencement of the delinquency rather than any other date. That section of the FCRA states that " a person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall. .. notify the agency of the date of delinquency on the account, which shall be the month and year of the commencement of the delinquency on the account that immediately preceded the action. My credit reports for every CRA and for most accounts fails to report the mandatory date of First Delinquency in violation of law.
Virtually every account on each of my credit reports fails to list my account as DISPUTED pursuant to the clear statute requirements. Failing to list a disputed debt as disputed on every CRA is purposely done by Furnishers for a sinister purpose to harm consumers as much as possible to lower credit scores. Once you dispute a debt to a credit reporting agency, they must report that debt as disputed on your credit file and in your credit reports. Also, if you dispute a debt to one of the three major credit reporting agencies ( XXXX, XXXX, or XXXX ), that particular agency must notify the other two bureaus that you dispute the debt. Failing to list the account as disputed, after a valid dispute has been sent to the credit reporting agency, is a violation of the FCRA. Not only are none of my valid disputes listed as disputed on my credit reports, but once a CRA lists my account as Disputed, virtually the next day the Furnisher will erroneously, purposelessly, maliciously, abusively, willfully, deliberately, intentionally and frivolously remove and delete the Disputed required entry using XXXX XXXX mid-cycle unauthorized and prohibited entries in violation of the Facially False Data prevention requirements recently explained in detail by CFPB Director XXXX XXXX. Not only is the entire XXXX XXXX system unworkable but employees are not adequately trained to insure accurate data coding. Willful failures to report accounts as Disputed and closed carry statutory damages of {$1000.00} plus punitive damages for each violation for every time the required entry was changed or deleted. I insist on 100 % compliance with the FCRA and other statutes mandating deletion if all disputed entries permanently.
A common FCRA violation is when a creditor posts late payments after the debt has charged off a past due balance. I will Document this violation by highlighting the accounts on every CRA and by filing a direct and indirect dispute with the Furnisher and every CRA. Care should be taken by the disputed purported debt collector to avoid violating any statutes, if it is stupid enough to report my data to any CRA.
The United States Supreme Court has held that willful violations of the FCRA include violations committed in reckless disregard of a company 's obligations under FCRA. XXXX XXXX. XXXX, XXXXXXXX XXXX XXXX XXXX. This standard of willfulness is now the law of the land.
In XXXX XXXX XXXX ( XXXX ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX and 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 : On XX/XX/XXXX, XXXX brought this suit, alleging that XXXX XXXX XXXX violated its duties as a furnisher of information under FCRA , 15 U.S.C.A. 1681s-2 ( b ) ( 1 ), by failing to report the dispute. At the conclusion of the trial, the court instructed the jury on XXXX XXXX XXXX XXXXs statutory duties as a furnisher of information. The trial court also instructed the jury that it could find XXXX XXXX XXXX had violated FCRA by failing to report the ongoing dispute After deliberation, the jury returned a verdict finding that XXXX XXXX XXXX had intentionally violated its duties under FCRA. The jury awarded XXXX no compensatory damages but did award the maximum possible statutory damages of {$1000.00} and punitive damages of {$80000.00}. WOW!!! This means that the failure of a Furnisher to report a DISPUTE on a consumers credit report could result in statutory damages of {$1000.00} plus punitive damages of {$80000.00}. Failure to list my account as dispute, in violation of law, will not help collection efforts and only result in huge damages to ensure and enforce compliance. While many attorneys recommend filing lawsuits right away for obvious FCRA and FDCPA violations, I prefer to give violators repeated notices as I prefer to get {$80000.00} instead of {$1000.00} when a violator is stupid.
I have a right to Privacy. Due to extensive and widespread malicious Willful violations of the FCRA, to protect my right to privacy, I hereby immediately OPT OUT and permanently revoke any right to report data on any of my credit reports as otherwise permitted and set forth in section 313.15 - Other exceptions to notice and opt out requirements- ( 5 ) ( i ) To a consumer reporting agency in accordance with the Fair Credit Reporting Act ( 15 U.S.C. 1682 et seq. or ( ii ) From a consumer report reported by a consumer reporting agency. The exceptions can apply if and only if every Furnisher and every CRA comply with ALL of their obligations under the FCRA. Once known violations of the FCRA have been disputed with Furnishers and every CRA multiple times without correction or deletion as required, the rights to report is deemed automatically revoked and an affected consumer may unilaterally OPT OUT entirely of credit reporting in the interest of justice. Consumer rights to OPT OUT from credit reporting to prevent inaccurate reporting TRUMP the rights of disputed creditors to flagrantly abuse the FCRA with impunity. The CFPB recently filed an amicus brief, arguing that furnishers are statutorily obligated to investigate both legal and factual questions raised in consumer disputes. The CFPB 's brief acknowledges that several federal courts have distinguished between " factual '' and " legal '' questions in determining the obligation of CRAs to investigate disputes under 15 U.S.C. 1681i. I need a complex analysis of the factual and legal issues and documentation requested herein rather than a worthless bare unsupported denial or statement.
Every Furnisher and CRA has failed to comply with any of their obligations as set forth in the below statute which is simple to understand.
623. Responsibilities of furnishers of information to consumer reporting agencies [ 15 U.S.C. 1681s-2 ] ( a ) Duty of furnishers of information to provide accurate information.
( 1 ) Prohibition.
* 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 consciously avoids knowing that the information is inaccurate.
* Reporting information after notice and confirmation of errors. A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate.
( C ) No address requirement. A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph ( B ) shall not be subject to subparagraph ( A ) ; however, nothing in subparagraph ( B ) shall require a person to speciry such an address ( 2 ) Duty to correct and update information. A person who * regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the person 's transactions or experiences with any consumer : and * has furnished to a consumer reporting agency information that the person determines is not complete or accurate shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information. that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any of the information that remains not complete or accurate.
1. Duty to provide notice of dispute. If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer.
2. Duty to provide notice of closed accounts. A person who regularly and in the ordinary course of business furnishes information to a consumer reporting agency regarding a consumer who has a credit account with that person shall notify the agency of the voluntary closure of the account by the consumer, in information regularly furnished for the period in which the account is closed.
3. Duty to provide notice of delinquency of accounts. A person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall, not later than 90 days after furnishing the information, notify the agency of the month and year of the commencement of the delinquency that immediately preceded the action.
( b ) Duties of furnishers of information upon notice of dispute.
( 1 ) In general. After receiving notice pursuant to section 611 ( a ) ( 2 ) [ 1681i ] of a dispute with regard to the completeness or accuracy of any information provided by a person to a consumer reporting agency, the person shall * conduct an investigation with respect to the disputed information; * review all relevant information provided by the consumer reporting agency pursuant to section 611 ( a ) ( 2 ) [ 168li ] ; * report the results of the investigation to the consumer reporting agency ; and * if the investigation finds that the information is incomplete or inaccurate, report those results to all other consumer reporting agencies to which the person furnished Simply stated, Furnishers and every CRA willfully and negligently failed to fulfill their mandatory obligations. States and federal authorities seem to attempt to license every possible type of employee, even dog sitters and dog catchers! If a doctor and lawyer needs to be licensed, then it is more important that a XXXX XXXX compliance expert is more important to be licensed to protect the privacy rights of consumers. Send employees back to XXXX XXXX school and refrain from permitting new untrained employees to inaccurately code data entries on consumer credit reports. Some system needs to be in place with comprehensive internal controls to protect consumers from XXXX, XXXX, and XXXX XXXX digit codes summarizing complaints without reading and forwarding disputes to Furnishers and other CRAs. We do not need untrained high school students doing the job required by certified EXPERTS. Simple Facially False Data is unable to be detected and corrected after repeated disputes where a Furnisher admits inaccuracies. The entire credit reporting system is a disgrace and the CFPB needs to punish individual violators. I demand complete 100 % compliance with all statutes, federal and state, as a precondition for receiving payment if any kind. CRAs created an unworkable monster with the creation of XXXX XXXX and statutory and punitive damages are the sole remedy to provide consumers with rights required by statutes. We need XXXX XXXX XXXX to continue to partner with CFPB Director XXXX XXXX, to lay down the hammer on violators and individual Officers who continue to XXXX over consumers as part of their DNA.
Wouldnt you agree that deliberate violations of the FCRA which unjustly reduces a credit score by XXXX points is wrong? How would you like it if your Mom and Dad were wrongly affected by life changing FCRA willful violations? How would you like it if your employer fired you, your spouse or your adult children for repeated willful violations of federal statutes? How would you like it if the CFPB banned you for life from participating in the business you have worked in for 20 years? How would you like it if all of your assets and sources of income were frozen and taken away?
Have a heart and dont take your job so seriously that you will work for peanuts to damage innocent XXXX senior citizens who only seek to live the final few years of their life in peace without eld
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- Credit reporting or other personal consumer reports
- Credit reporting
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- Incorrect information on your report
- Account information incorrect
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Older American |
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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 XXXX XXXX XXXX XXXX at XXXX. That website will thus provide a few more states where the debt collector might be licensed. I purposely repeat myself to make it clear that I need to know complete details of what licenses you are required to have and what licenses you have.
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 responsible for actions of the bill collector agents. Again, as stated above purposely several times to make the point absolutely clear, please stop contact and cease further communication of any kind whatsoever.
I have also stated several times what advocates call the Exempt Income Letter to avoid fruitless expenses. If a consumers only sources of income are state or federal government benefits, their income may most likely be exempt or protected from collection. If the collector is informed that government benefits are the consumers only source of income, the collector may voluntarily stop contacting them about the alleged debt. Collectors can be informed that all of the consumers income is exempt which I have done to avoid an unreasonable multiplicity of proceedings having no purpose. Again, All of my limited income is from EXEMPT sources!
Again, you should consider this a Dispute Letter as I DISPUTE the entire purported claim. If the consumer believes the debt is not theirs, that the amount is incorrect, or that there is some other error, the consumer or their attorney should send the collector a dispute letter. Collectors make a lot of mistakes and disputing the debt may help resolve the matter.
Federal law requires debt collectors to provide validation information about the alleged debt and consumers rights to dispute the debt. Collectors will be able to provide this information in writing.
It is recommended that if a debt collector claims to have sent a notice previously but the consumer never received it, ask for another copy. Keep a copy of any letters that are sent. It is best to send the letter by mail, return receipt requested. A CFPB complaint is the best method to document a DISPUTE and Debt Validation as it not only proves delivery to the Debt Collector but it requires the Debt Collector to respond promptly. Debt Validation letters and Disputes can also be sent electronically using any type of electronic communication that the debt collector uses to accept consumer communications. If the collection agency accepts emails from consumers, the dispute letter can be sent via email. To insure this letter is not lost, delayed in the mail or mishandled by the Debt Collector, I am also sending this letter with any attachments via the CFPB Complaint Portal and website to assure receipt and guarantee a timely response.
Advocates such as the CFPB state that a dispute letter may be combined with a request for more information in a Verification Letter.
Often it is not even clear what debt a collector is contacting the consumer about, and in that case, the consumer should not pay the collector until more information is obtained. Federal law requires debt collectors to provide validation information about the alleged debt. However, the consumer may still have more questions about the alleged debt. My letter demands documentation which is indispensable in determining the amount and validity of the purported claim.
The FCRA requires every CRA and Furnishers to maintain reasonable procedures in their operations to assure maximum possible completeness and accuracy of data in the credit reports they report and publish. Credit reporting laws ensure that bureaus report only 100 % accurate credit information. The CFPB has repeatedly criticized the dispute process involving Furnishers and CRAs. CRAs routinely fail to forward complete written disputes to Furnishers and routinely PARROT non existent investigations and certifications from Furnishers and fail to delete and prevent known Facially False Data in violation the recent directives of Rohit Chopra, CFPB Director. To enforce the FCRA, I have filed multiple direct and indirect CRA/Furnisher written disputes including about 100 CFPB complaints yet virtually no dispute is listed on my credit reports as Disputed as required in willful violations of the FCRA and XXXX XXXX XXXX. To the extent that your purported debt has been directly or indirectly included in any of my written disputes, in accordance with The Fair Credit Reporting Act, Public law 91-506, Title VI, Section 611, Subsection A-D, please provide ( in addition to all facts regarding investigation records ) the names and business addresses of each individual with whom you client verified the purported debt reporting above, so that I may follow up. Every step must be taken to assure the information reported is completely accurate and correct. Furthermore, each of my credit reports for each account contain different and conflicting data on my paper credit reports and data required from Furnishers is either negligently or purposely missing, impossible, incorrect or conflicting and more importantly, Data submitted through XXXX XXXX is not contained on my paper credit reports resulting unknowingly to be of current accounts being falsely reported as 60 days late with credit scores being up to XXXX points lower than expected. XXXX XXXX compliance is out of control. For your purported debt, if it has been reported to a CRA, I need the actual XXXX XXXX submissions ( translated into English ) for the last 3 years including every monthly and required interim submissions. If I have ever disputed an account with any creditor, I expect every credit report to continually contain the required and mandatory notice that it is DISPUTED which is not happening constituting willful FCRA violations. Any further violations of federal statutes will incur liability for actual, statutory, and punitive damages plus attorney fees and costs.
15 USC 1681s-2 : Responsibilities of furnishers of information to consumer reporting agencies Text contains those laws in effect on XX/XX/XXXX XXXX. Responsibilities of furnishers of information to consumer reporting agencies ( a ) Duty of furnishers of information to provide accurate information ( 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.
( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if- ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate.
I insist on 100 % compliance with all FCRA and all statutes and knowingly reporting inaccurate information after notice shall constitute willful and negligent violations of the FCRA, subjecting violators to statutory damages of {$1000.00} per incident plus huge punitive damages for repeated known repeated violations. Any current or future debt collector or debt buyer is obligated to investigate and ascertain the extent of and existence of actual or potential FCRA violations before furnishing data to any CRA.
To insure compliance with the FCRA and other statutes, your written response must include the purported exact month-day-year for the Date of First Delinquency and the exact day-month-year that the disputed claim would be required to be deleted from every CRA account under the 7 year statute of limitations for credit reporting assuming no payments are made in the future.
There is a Duty to Provide Notice of Delinquency of Accounts. In order for there to be a uniform date by which all consumer reporting agencies would compute the seven-year reporting period for adverse items of information, Congress included section 623 ( a ) ( 5 ) with the intent that the seven-year reporting period begin with the commencement of the delinquency rather than any other date. That section of the FCRA states that " a person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall. .. notify the agency of the date of delinquency on the account, which shall be the month and year of the commencement of the delinquency on the account that immediately preceded the action. My credit reports for every CRA and for most accounts fails to report the mandatory date of First Delinquency in violation of law.
Virtually every account on each of my credit reports fails to list my account as DISPUTED pursuant to the clear statute requirements. Failing to list a disputed debt as disputed on every CRA is purposely done by Furnishers for a sinister purpose to harm consumers as much as possible to lower credit scores. Once you dispute a debt to a credit reporting agency, they must report that debt as disputed on your credit file and in your credit reports. Also, if you dispute a debt to one of the three major credit reporting agencies ( XXXX, XXXX, or XXXX ), that particular agency must notify the other two bureaus that you dispute the debt. Failing to list the account as disputed, after a valid dispute has been sent to the credit reporting agency, is a violation of the FCRA. Not only are none of my valid disputes listed as disputed on my credit reports, but once a CRA lists my account as Disputed, virtually the next day the Furnisher will erroneously, purposelessly, maliciously, abusively, willfully, deliberately, intentionally and frivolously remove and delete the Disputed required entry using XXXX XXXX mid-cycle unauthorized and prohibited entries in violation of the Facially False Data prevention requirements recently explained in detail by CFPB XXXX XXXX XXXX. Not only is the entire XXXX XXXX system unworkable but employees are not adequately trained to insure accurate data coding. Willful failures to report accounts as Disputed and closed carry statutory damages of {$1000.00} plus punitive damages for each violation for every time the required entry was changed or deleted. I insist on 100 % compliance with the FCRA and other statutes mandating deletion if all disputed entries permanently.
A common FCRA violation is when a creditor posts late payments after the debt has charged off a past due balance. I will Document this violation by highlighting the accounts on every CRA and by filing a direct and indirect dispute with the Furnisher and every CRA. Care should be taken by the disputed purported debt collector to avoid violating any statutes, if it is stupid enough to report my data to any CRA.
The United States Supreme Court has held that willful violations of the FCRA include violations committed in reckless disregard of a company 's obligations under FCRA. Safeco Ins. Co., 127 S.Ct. at 2208-10. This standard of willfulness is now the law of the land.
In 526 F.3d 142 ( 2008 ) SAUNDERS V. BRANCH BANKING AND TRUST COMPANY OF VIRGINIA and XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Incorporated XXXX XXXX XXXX XXXX XXXX the United States Court of Appeals , XXXX XXXX XXXX : On XX/XX/XXXX, XXXX brought this suit, alleging that XXXX XXXX XXXX violated its duties as a furnisher of information under FCRA , 15 U.S.C.A. 1681s-2 ( b ) ( 1 ), by failing to report the dispute. At the conclusion of the trial, the court instructed the jury on XXXX & XXXX 's statutory duties as a furnisher of information. The trial court also instructed the jury that it could find XXXX & XXXX had violated FCRA by failing to report the ongoing dispute After deliberation, the jury returned a verdict finding that XXXX & XXXX had intentionally violated its duties under FCRA. The jury awarded XXXX no compensatory damages but did award the maximum possible statutory damages of {$1000.00} and punitive damages of {$80000.00}. WOW!!! This means that the failure of a Furnisher to report a DISPUTE on a consumers credit report could result in statutory damages of {$1000.00} plus punitive damages of {$80000.00}. Failure to list my account as dispute, in violation of law, will not help collection efforts and only result in huge damages to ensure and enforce compliance. While many attorneys recommend filing lawsuits right away for obvious FCRA and FDCPA violations, I prefer to give violators repeated notices as I prefer to get {$80000.00} instead of {$1000.00} when a violator is stupid.
I have a right to Privacy. Due to extensive and widespread malicious Willful violations of the FCRA, to protect my right to privacy, I hereby immediately OPT OUT and permanently revoke any right to report data on any of my credit reports as otherwise permitted and set forth in section 313.15 - Other exceptions to notice and opt out requirements- ( 5 ) ( i ) To a consumer reporting agency in accordance with the Fair Credit Reporting Act ( 15 U.S.C. 1682 et seq. or ( ii ) From a consumer report reported by a consumer reporting agency. The exceptions can apply if and only if every Furnisher and every CRA comply with ALL of their obligations under the FCRA. Once known violations of the FCRA have been disputed with Furnishers and every CRA multiple times without correction or deletion as required, the rights to report is deemed automatically revoked and an affected consumer may unilaterally OPT OUT entirely of credit reporting in the interest of justice. Consumer rights to OPT OUT from credit reporting to prevent inaccurate reporting TRUMP the rights of disputed creditors to flagrantly abuse the FCRA with impunity. The CFPB recently filed an amicus brief, arguing that furnishers are statutorily obligated to investigate both legal and factual questions raised in consumer disputes. The CFPB 's brief acknowledges that several federal courts have distinguished between " factual '' and " legal '' questions in determining the obligation of CRAs to investigate disputes under 15 U.S.C. 1681i. I need a complex analysis of the factual and legal issues and documentation requested herein rather than a worthless bare unsupported denial or statement.
Every Furnisher and CRA has failed to comply with any of their obligations as set forth in the below statute which is simple to understand.
623. Responsibilities of furnishers of information to consumer reporting agencies [ 15 U.S.C. 1681s-2 ] ( a ) Duty of furnishers of information to provide accurate information.
( 1 ) Prohibition.
* 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 consciously avoids knowing that the information is inaccurate.
* Reporting information after notice and confirmation of errors. A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate.
( C ) No address requirement. A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph ( B ) shall not be subject to subparagraph ( A ) ; however, nothing in subparagraph ( B ) shall require a person to speciry such an address ( 2 ) Duty to correct and update information. A person who * regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the person 's transactions or experiences with any consumer : and * has furnished to a consumer reporting agency information that the person determines is not complete or accurate shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information. that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any of the information that remains not complete or accurate.
1. Duty to provide notice of dispute. If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer.
2. Duty to provide notice of closed accounts. A person who regularly and in the ordinary course of business furnishes information to a consumer reporting agency regarding a consumer who has a credit account with that person shall notify the agency of the voluntary closure of the account by the consumer, in information regularly furnished for the period in which the account is closed.
3. Duty to provide notice of delinquency of accounts. A person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall, not later than 90 days after furnishing the information, notify the agency of the month and year of the commencement of the delinquency that immediately preceded the action.
( b ) Duties of furnishers of information upon notice of dispute.
( 1 ) In general. After receiving notice pursuant to section 611 ( a ) ( 2 ) [ 1681i ] of a dispute with regard to the completeness or accuracy of any information provided by a person to a consumer reporting agency, the person shall * conduct an investigation with respect to the disputed information; * review all relevant information provided by the consumer reporting agency pursuant to section 611 ( a ) ( 2 ) [ 168li ] ; * report the results of the investigation to the consumer reporting agency ; and * if the investigation finds that the information is incomplete or inaccurate, report those results to all other consumer reporting agencies to which the person furnished Simply stated, Furnishers and every CRA willfully and negligently failed to fulfill their mandatory obligations. States and federal authorities seem to attempt to license every possible type of employee, even dog sitters and dog catchers! If a doctor and lawyer needs to be licensed, then it is more important that a XXXX XXXX compliance expert is more important to be licensed to protect the privacy rights of consumers. Send employees back to XXXX XXXX school and refrain from permitting new untrained employees to inaccurately code data entries on consumer credit reports. Some system needs to be in place with comprehensive internal controls to protect consumers from XXXX, XXXX, and e-Oscar XXXX digit codes summarizing complaints without reading and forwarding disputes to Furnishers and other CRAs. We do not need untrained high school students doing the job required by certified EXPERTS. Simple Facially False Data is unable to be detected and corrected after repeated disputes where a Furnisher admits inaccuracies. The entire credit reporting system is a disgrace and the CFPB needs to punish individual violators. I demand complete 100 % compliance with all statutes, federal and state, as a precondition for receiving payment if any kind. CRAs created an unworkable monster with the creation of XXXX XXXX and statutory and punitive damages are the sole remedy to provide consumers with rights required by statutes. We need XXXX XXXX XXXX to continue to partner with CFPB XXXX XXXX XXXX, to lay down the hammer on violators and individual Officers who continue to XXXX over consumers as part of their DNA.
Wouldnt you agree that deliberate violations of the FCRA which unjustly reduces a credit score by XXXX points is wrong? How would you like it if your Mom and Dad were wrongly affected by life changing FCRA willful violations? How would you like it if your employer fired you, your spouse or your adult children for repeated willful violations of federal statutes? How would you like it if the CFPB banned you for life from participating in the business you have worked in for 20 years? How would you like it if all of your assets and sources of income were frozen and taken away?
Have a XXXX and dont take your job so seriously that you will work for peanuts to damage innocent XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX
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| 08/10/2019 |
Yes |
- Debt collection
- Credit card debt
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- Attempts to collect debt not owed
- Debt was result of identity theft
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Web |
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XX/XX/XXXX I receive letter from collection agency Hyat, Hyat and Landau,PL. Letter states company attempts to collect a debt from original creditor XXXX XXXX, XXXX and current creditor XX/XX/XXXX.
I submitted complaints through the Consumer Financial Protection Bureau. The above mentioned agencies replied that debt was valid.
Debt consists of $XXXX owed to XXXX XXXX, on a card opened as a result of identty theft. My Social Security information was used, and a fraudulent address in XXXX was used to open the account. The card was applied for in XX/XX/XXXX - XX/XX/XXXX.
My XXXX XXXX phone number was used as well. I noticed that my missed call log was displaying "call answered on another device" message onXX/XX/XXXX. I contacted XXXX XXXX in XX/XX/XXXX and placed a Fraud Block back then. The information will be accessible to lawyers by contacting XXXX XXXX Legal Department.
On XX/XX/XXXX I placed a police report, contacted the Credit Buraus and personally visited Hyat, Hyat and Landau. I submitted proof of address,tax returns, the 3 credit bureaus reports,and invoices of some of my professional services as a XXXX XXXX in XXXX during some of the days when the fraudulent transactions were committed.
I also provided evidence of being out of the state during one of the dates that one of transactions took place, with hotel information and an XXXX XXXX electronic ticket. I signed a notarized affidavit of fraud and submitted it to Hyat, Hyat and Hyat as well.
Hyat told me that the process would take about a month, that I would be notified, as they had to work with XXXX XXXX, their client, to resolve the issue.
Yesterday, XX/XX/XXXX, I received a notification from XXXX that XXXX XXXX had reported the collection to my otherwise- and always- pristine credit report. My credit rating and report was damaged due to this action. I simply do not borrow money and pay my credit cards monthly in full, as it can be evidenced in my reports. Never a late payment.
I required from XXXX XXXX, by US Postal Service certified mail, that they submit to me all the evidence related to the fraudulent account such as application, payment slips, store receipts, signatures, etc. I have the right to receive all this documentation.
When I spoke to their reppresentative, he stated that their information was correct as public records place me in XXXX and that my cellular phone number line was used. All Ihave received is a letter stating that their investigation is correct and that they are not changing anything.
I need to explain that the fraudulent XXXX XXXX card never appeared on my credit reports, so I had no way to know that this was going on. Upon examination I found that my address had been changed to the fraudulent address.
At this momet I believe this fraud could come from XXXX XXXX, itself. XXXX XXXX was either negligent in their processing of applications, tobenefit from the fraud; or the fraud might have been an inside job .
XXXX XXXX should use non-negligent and lawful practices and review the investigation with the knowledge that I am providing. I am the victim here, I am being treated like a criminal. All this process has caused countless hours of effort reviewing and submitting documentation, as well as a wide range of inconviniences and related health problems due to stress.
How could XXXX XXXX award someone a credit card with a $XXXX credit limit, when my credit report does not show my employment information? Let's talk about not being negligent in their process of approving credit cards with a credible investigation of the customers. Did they realized that as a XXXX XXXX on XXXX my income was extremely low for the credit limit they approved on my behalf?
I have also notified the US Post Office that identity theft that I am a victim of Identity Theft enabled by the use of a criminal postal address.
Upon studying my credit reports I found several unauthorized inquiries mostly from XXXX XXXX to my credit reports. I found that an additional XXXX XXXX credit card had been opened on my behalf. Fortunately, no charges had been made. As I called XXXX XXXX to let them know that this card was open in a fraudulent way, first thing I hear from the customer service representative is "Ms. XXXX we appologize as we know we have had trouble delivering your card" (Again, the XXXX address).
It would be easier to pay the money owed as it is sitting on my savings account, however, I refuseto be the victim of these criminal actions against me. I hold XXXX XXXX, XXXX XXXX and Hyat, Hyat and Landau responsible of negligence, with all the negative effects this issue has provoked, including my health.
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| 09/17/2021 |
Yes |
- Debt collection
- I do not know
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- Took or threatened to take negative or legal action
- Sued you without properly notifying you of lawsuit
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Web |
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Hello my name is XXXX XXXX, I am submitting this complaint myself and there is no third party involved. I am in natural person, creditor, and consumer status. This organization has attempted to sue me when they do not have permission nor my consent. Take notice, that you are in direct violation of 15 U.S. Code 1692i ( b ), which states nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collectors. You have no authority and do not have any standing!
This organization is in fact a debt collector pursuant to 15 U.S. Code 1692 ( 6 ) which states that a debt collector is any person who uses any instrumentality of interstate commerce via mail and is engaged in the principal purpose of collecting debt which you are attempting to do by communicating with me without my prior consent in direct violation of 15 U.S. Code 1692c ( a ) ( 1 ) Also take notice that this organization is in violation of 15 U.S. Code 1692b ( 2 ) which states that you may not state that I a consumer owes any debt. Furthermore, you have attempted to communicate with me on multiple occasion through different mediums ( mail, telephone and ect. ) which is a violation of 15 U.S. Code 1692b ( 3 ) ; Not to mention these threats have been emotionally traumatizing. The repeated phone calls have been harassment. Ive been scared for my life not knowing what's going to happen next with my life. My relationship with my wife has been damaged. In no way that should be tolerated and I shouldn't have to go through the abuse that this organization has put me through.
This organization are criminal and they're violating my consumer rights under the FDCPA, FCRA, Title 15, and Truth In Lending Act.
In fact, im requesting debt validation. XXXX settle any financial obligation I might lawfully owe, as soon as I have received the following documentation from you : 1. Validation of the debt ( the actual accounting ) ; 2. Verification of your claim against me ( a sworn affidavit or a hand signed invoice in accordance with The Bills of Exchange Act ( 1882 ) ) ; Uniform Commerical Codes, Federal Fair Credit Reporting Act, and Florida State Statutes for Lawful Purposes.
3.A copy of the contract signed by both parties and therefore binding both parties. 4.Please also provide me with a true and certified copy ( NOT photocopy ) of the Original Note ( Credit Agreement ), under penalty of perjury and with unlimited liability and confirm that this Note, has never been sold.
5. Please also confirm the name of the individual who is the duly authorized representative from your company, who has carried out due diligence under The Money Laundering Regulations XXXX and what actions s/he has taken in relation to this account.
I hereby give you ten ( 10 ) days to reply to this notice from the above date with a notice sent using recorded post and signed under full commercial liability and penalties of perjury, assuring and promising me that all of the replies and details given to the above requests are true and without deception, fraud or mischief. Your said failure to provide the aforementioned documentation within ten ( 10 ) days, from the above date, to validate the debt, will constitute your agreement to the following terms : That the debt did not exist in the first place; OR It has already been paid in full ; AND That any damages suffered, you will be held culpable ; That any negative remarks made to a credit reference agency will be removed ; You will no longer pursue this matter any further.
You agree to pay all fee schedules.
Please Note : I wish to deal with this matter in writing and I do not give your organization permission to contact me by telephone. Should you do so, I must warn you that the calls could constitute harassment ' and I may take action under Section 1 of the Protection from Harassment Act 1997 and the Administration of Justice Act 1970 S.40, which makes it a Criminal Of ence for a creditor or a creditor 's agent to make demands ( for money ), which are aimed at causing 'alarm, distress or humiliation ', because of their frequency or manner.
Attached to this complaint are documents that ive sent directly to this organization certified mail with a return signature that was mailed XX/XX/XXXX
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| 12/10/2019 |
Yes |
- Debt collection
- Credit card debt
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- False statements or representation
- Attempted to collect wrong amount
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Web |
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I was recently sued for a debt by a law firm (Hayt, Hayt, & Landau) who represents my original creditor XXXX XXXX. On two separate occasions, I believe that representatives of this firm committed an FDCPA violation (False or Misleading Representations). The first occurrence happened on XXXX XXXX at XXXX XXXX. I did not get the name of the male that I spoke with that day. Prior to XX/XX/2019, I had spoke to a representative of this law firm regarding settling the debt, I was told that I could do sign a consent judgment. I was not fully aware of what a consent judgement was nor what all it entailed. However, I wanted to resolve this legal matter opposed to going through the court process. The consent judgement paper work finally arrived in the mail. I read over it and realized that I did not agree to the terms because I did not want a judgement on my credit. So on XX/XX/2019, I called the law firm to speak to someone about the consent judgement paperwork. I expressed to the representative that I was not in agreement with the terms and asked about settling the debt for less than the total balance. The representative stated that it didn't matter if I signed the consent judgement or not, I was still legally bound by it. The representative was abrasive and was not interested in trying to explain things to me. I didn't try going back and forth with him, I just ended the call.
The second occurrence happened when my wife spoke to representative XXXX XXXX on XX/XX/2019at XXXX XXXX My wife expressed to him that she wanted to settle the account for $XXXX payable XX/XX/2019. The representative stated that XXXX XXXX does not accept submitted settlement offers. He further stated that XXXX XXXX was their one client who didn't accept settlement offers because they already have a set set percentage with the firm. XXXX stated the XXXX would be the amount that he could settle the account for. My wife expressed to him that the goal would be to do a lump sum payment to settle the account opposed to making monthly payments. However, in good faith, she made a XXXX down payment and agreed to $XXXX a month payments until the remaining XXXX was paid off. This amount and arrangement was only agreed to because XXXX stated to her that XXXX XXXX didn't accept submitted settlement offers.
On XXXX at XXXX XXXX, my wife called in to verify that the consent judgement that they were sending out would not by put on the credit report as a judgement. XXXX had told her on a previous call that it wouldn't be but she and I both wanted to be sure. In the midst of the call with the representative, they discussed the settlement offer. My wife asked again about possibly just paying another XXXX out of pocket as a lump sum to just settle the account in full. The representative informed her that because a settlement amount was agreed to, he couldn't submit another offer to the client for me. My wife told him about the conversation she had with XXXX and she told the representative that she was misled by XXXX. She stated if she would have been given correct information, she would have pursued having a settlement amount submitted directly to the client XXXX XXXX opposed to taking the XXXX settlement that the representative XXXX offered over the phone. The representative did nothing to try and rectify the situation. Instead, he kept telling her to be sure to have me sign the consent judgement when it comes. I'm sure that this firm works on commission therefore I am convinced that she was purposely misled in an effort to get a larger commission. I also do not understand how I am legally bound by any agreement without my signature. According to the representative, the documents hadn't been prepared yet but were being prepared. I don't understand why no one is willing to rectify the error made by a representative of this law firm. This firm is responsible for its' employees. The proof of these calls and the "material" of the calls should be available because the firm records all calls. Please review the recordings for violations.
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| 01/06/2024 |
Yes |
- Debt collection
- Credit card debt
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- Written notification about debt
- Didn't receive enough information to verify debt
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Web |
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Exhibit C : Two certified mail dated XX/XX/2023 & XX/XX/2023 NOTICE OF DISPUTE ; DEMAND FOR VALIDATION AND PROOF OF CLAIM letters were sent to Hayt , Hayt & Landau , P.L . attorneys representing XXXX XXXX XXXX, XXXX. claiming alleged debt. Below are laws that were put in place to protect the consumer, and has been violated by Hayt , Hayt & Landau , P.L . attorneys representing XXXX XXXX XXXX, XXXX. Notice of dispute letter sent to Hayt , Hayt & Landau , P.L . certified mail dated XX/XX/2023 & XX/XX/2023.
-Abusive Practices 15 USC 1692 -Acquisition of location information 15 USC 1692b -Harassment or abuse 15 USC 1692d -False or misleading representation 15 USC 1692e -Unfair practices 15 USC 1692f -Legal actions by debt collectors 15 USC 16921 A Counter Claim with Self-executing Contract was also in the letter that was sent in the dispute mentioned above, exhibit C. Mentioned below executes the Self-executing Contract, If Respondent, such as by commission, omission, and otherwise : ( a ) Fails to provide VALIDATION and PROOF OF CLAIM within thirty ( 30 ) days ; ( b ) Makes a false representation of the character of the herein above-referenced alleged debt ; ( c ) Makes a false representation of the legal status of the herein above-referenced alleged debt : ( d ) Makes any threat of action that can not legally be taken, in violation of any applicable law, such as, the law codified at the Fair Debt Collection Practices Act, will be construed to be Respondent 's tacit acceptance of the terms and condition stated herein. In which case RESPONDENT agrees to : ( e ) Voluntarily report this account to all credit bureaus as " paid as agreed ; '' and, ( f ) Voluntarily waive all claims against Claimant, their Agent or Heirs with prejudice ; and, ( g ) The matter regarding the alleged debt is finally and totally settled ; and, ( h ) Voluntarily admits the Claimant is the depositor for this account. that Respondent risked none of their assets at any time regarding this account and that they failed to disclose these material facts to Claimant ; and, ( i ) Voluntarily report the date of last activity on this account is the date of this notice.
Respondent also known as Hayt , Hayt & Landau , P.L . failed to provide and validate proof of claim.
15 USC 1692k - 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} A third letter, in response to a lawsuit served to consumer, was sent certified mail dated XX/XX/2023. Notice of Dispute letter was sent to Hayt , Hayt & Landau , P.L . attorneys representing XXXX XXXX XXXX, XXXX. in a lawsuit claiming alleged debt with a case number that can be provided if requested by the CFPB. Below are laws that were put in place to protect the consumer, and has been violated by Hayt , Hayt & Landau , P.L . attorneys representing XXXX XXXX XXXX, XXXX.
-Abusive Practices 15 USC 1692 -Acquisition of location information 15 USC 1692b -Harassment or abuse 15 USC 1692d -False or misleading representation 15 USC 1692e -Unfair practices 15 USC 1692f -Legal actions by debt collectors 15 USC 16921 An additional attachment with this complaint will be an Affidavit of truth notarized XX/XX/2023
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| 04/22/2022 |
Yes |
- Debt collection
- Credit card debt
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- Took or threatened to take negative or legal action
- Sued you without properly notifying you of lawsuit
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Web |
Servicemember |
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- I originally disputed this debt. I did not sign for this debt or to open this account. My ex husband did so without my approval.
- The documentation provided showing my signing showed a signature that did not match my signature at all.
- I was bullied into a settlement and told I would in no way be able to dispute the debt. They basically said good luck proving you didnt sign for it.
- I set up a plan with the collection agent at that time. In around XX/XX/XXXX I set up online bill pay to them but then in XXXX I was notified that they were going back to court for a judgment. I spoke with them and discussed the payments sent. They confirmed they had not received. We confirmed information and they set up a new settlement with me. I paid {$300.00} up front and was given additional amounts to pay. I asked about if I could set up automatic payments to get the account settled for smaller amounts and they said it would be fine as long as the total amount was paid by the expected end date. I set up these payments and believed all to be well.
- Some time in XX/XX/XXXX I found out - I dont recall how - that I had been {$80.00} short of the payment plan in error, that the judgement had already been filed against me despite not knowing and not being told that was happening, and that despite my prior payments they were again looking to collect the balance owed. They tried to offer me an additional {$600.00} and change settlement on top of the {$1000.00} already paid. I refused and sent a letter about what had happened. I also asked them to review the recordings of my call with the prior agent. They said they would do so and get back to me but they did not.
- During this time, my daughter was XXXX- in and out of various XXXX from a XXXX XXXX XXXXXXXX. I know this is no ones fault but it is relevant to what was transpiring at the time. I had limited income, and this debt was not mine to begin with. I did my best but when I did not hear anything further, I can not say if I thought this was resolved based on the recording or if it just fell by the wayside.
- I heard nothing further by mail or email or phone from this issue until receiving the writ of continuing garnishment document served to me by e-service on XX/XX/XXXX. While my mailing address has changed over the years and I had provided my correct address of that time to the collection agency in XXXX they have an address from XXXX on the court docs. My email address and phone number have been the same and on file with the courts since prior to XXXX - and they successfully used it for the writ of garnishment notice after the fact but not any other notices or service.
- When I called them this month they said the last time they tried to contact me was by letter in XX/XX/XXXX again to that old address. They did not attempt to call or contact me anytime after that and instead 2 and a half years later they filed for the garnishment of the full amount of the original debt minus anything already paid. Additionally when I called they tried to collect $ XXXX over what the total from the amount on their garnishment minus the {$1000.00} I paid.
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| 02/28/2020 |
Yes |
- Debt collection
- Credit card debt
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- Took or threatened to take negative or legal action
- Threatened or suggested your credit would be damaged
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Web |
Servicemember |
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I made various attempts to reach Hoyt & Landau recently who have made false attempts to collect a debt that is not owed any longer, due to the company filing bankruptcy and do not owe the amount they have claimed and file in court and issued a default judgement after I obtained a lawyer through XXXX whom they refused to respond to. Also, the Lawyer accepted Service and signed for the Entry of Appearance on my behalf. However, they did not file an Answer in time regarding the debt not owed and I was recently notified by the law firm on XX/XX/XXXX that they slipped and did not file the Answer in time. On another note, the Collection Agency purchased the account for pennies on the dollar from XXXX XXXX and I confirm with them today that they do not have record of an account ending in XXXX for XXXX because this XXXX filed Bankruptcy and XXXX XXXX, in turn, collected on the account as well when the Trustee settled the debts on behalf of XXXX. So both firms are illegally still trying to collect inflated interests and late fees, although I do not owe the debt they are claiming and filed in court as {$3300.00}.
I also reached out to engage another lawyer on my behalf from XXXX and Hoyt and Landau has chosen to ignore attempts to communicate on my behalf because they are illegally trying collect on an inflated account balance that I do not owe. Also, the lawyer Mr. XXXX, sent the affidavit per the request of the front desk receptionist and he has still not made contact with them, since this morning, although they claimed they would be available to speak about the claimed account they have from XXXX XXXX. Mr. XXXX attempted to reach them multiple times today to discuss the erroneous claimed amount but received no response or follow-ups which is also totally unacceptable.
I also made several attempts to reach out to XXXX XXXX when my daughter was XXXX for over 34 Days in XXXX with a XXXX medical condition and was denied any form of Hardship Program or Credit Insurance relief although I reached on many instances in XX/XX/XXXX regarding this matter and also sent them a formal letter in XX/XX/XXXX describing the extenuating medical and financial circumstances we were experiencing during that time and still seeking work as well. Our daughter is XXXX and XXXX XXXX and Hoyt & Landau are both discriminatory towards XXXX XXXX-Americans and U.S. Military Veterans who have served their Country.
There is no empathy expressed and only bullish, uncanny behavior and greed rules within their company and should be investigated by SEC and FTC regarding their illegal business practices regarding extremely inflated interests rates, and late fees.
|
| 05/31/2017 |
Yes |
- Credit card or prepaid card
- General-purpose credit card or charge card
|
- Problem with a purchase shown on your statement
- Credit card company isn't resolving a dispute about a purchase on your statement
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Web |
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I received your correspondence regarding the debt with the above creditor. I contacted them to report unauthorized transactions placed on my account on XXXX/XXXX/XXXX and XXXX/XXXX/XXXX in the amount of XXXX by XXXX XXXX XXXX XXXX and at that time I advised that I wanted the card blocked and to dispute the transactions and request that no further transactions to be placed on that account. I received a new card in the mail which I never activated. I explained that I did have a rental car with XXXX on XXXX/XXXX/XXXX and that the charge of XXXX placed in XXXX was authorized. XXXX XXXX choose to pay the unauthorized charge despite my dispute and since I did not authorize the charges I am not responsible for that amount or any charges incurred based on the payment of that charge. I explained that I will not be paying any of these fees because as I stated I did not authorize these charges and did not owe XXXX this amount. I have already filed a complaint with the BBB due to the poor customer service and unwillingness of XXXX XXXX to process my dispute. I explained that In reviewing my account you can see prior to this I paid my balance in full and had intended to pay off my account until they processed these charges. My XXXX Statement shows clearly that I reported the card lost and yet XXXX XXXX continued to pay charges that were made with the lost/stolen card. The XXXX and XXXX charge both came in on the lost cards account number and yet they paid both transactions. I explained to XXXX that I believed that my card was left at their location and an employee there used that card to post additional transactions to that card. As you can see as of the XXXX statement that card was never used again except by XXXX and that is because it was no longer in my posession. When I brought this to their attention they stated that the employee had been fired who processed those payments and told me to dispute it with XXXX XXXX which I did and still the charge was paid and I was charged the associated fees. Additionally there was no proof of my signature authorizing either transaction placed on XX/XX/XXXX or XX/XX/XXXX which I did request from both XXXX and XXXX XXXX and have yet to receive. Additionally I am requested that this item be removed from my credit file immediately until I am provided with written verification of my authorization of these charges in addition to written verification of my acceptance of XXXX XXXX 's Terms of Service to include my signature. This correspondence was sent to the creditors attorney in XXXX of XXXX and they have yet to respond.
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| 01/29/2020 |
Yes |
- Debt collection
- Credit card debt
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- False statements or representation
- Impersonated attorney, law enforcement, or government official
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Web |
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During the afternoon of XX/XX/2020 A man showed up at an apt where my wife and kids live located in XXXX XXXX, FL. No uniform, no id, no logo on shirt.
This is a private enclosed residential development and unexpected visitors must use the internal phone system to contact residence. My XXXX small children and wife reside at this apt because random people are not allowed to just walk around or enter and knock on peoples doors.
This man was not in uniform, did not disclose or share his name or state who he represented. Neither did this man furnish any form of official identification. My wife simply described the man as an Older XXXX XXXX Man.
My wifes first language is XXXX and she has difficulty understanding English. All my wife can tell me was that a man from the court possibly a police officer came to the apt demanding I show up in court. I know that police and court houses do not work this way. This individual also asked for her name.
This individual left my wife with a bundle of uncertified ( No original county or state seal ) papers for a XXXX XXXX credit card and some from the XXXX XXXX county courthouse.
I searched using my name and found a case, however ; based on the dollar amount from the XXXX papers I suspect that this case could be fraud/incorrect or some kind of collections scheme.
I have had issues in the past with collections, however ; this is the 1st time an un-uniformed man shows up where my wife and children live ... what seemed to be impersonating a county worker or law enforcement officer. ( This is how my wife described the individual and their conversation ) The only people who show up where my wife lives unexpectedly are XXXX, XXXX, XXXX, and her friends. Everyone else uses the phone system or calls before they come. The apartment development is private property.
What if a criminal or a delinquent decided to impersonate a debt collector, officer or county worker, and raid the apt or XXXX one of my children?
I am writing this letter because ... I have difficulty believing this type of activity/process/procedures are endorsed by the Police of XXXX XXXX and the County of XXXX XXXX XXXX. If XXXX XXXX XXXX XXXX is behind this they were trespassing, impersonating to be gov employee or officer and harassing my wife.
I have asked my wife three ( 3 ) times what the Mans name was, and she can not tell me.
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| 05/22/2019 |
Yes |
- Debt collection
- Credit card debt
|
- Took or threatened to take negative or legal action
- Threatened or suggested your credit would be damaged
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Web |
Servicemember |
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In XXXX of 2019, I received one communication letter from Hayt, Hayt, and Landau saying that a debt from a third party debt collector that they were assigned " my account '' and that a lawyer would be in touch. Well, they were in touch alright, right to court. I had a police officer come to my house a demanding to state my identification and then handed me a summons to small claims court. There was no contact before the summons to mediate the supposed debt. After, I received the summons I made a few attempts to contact Hayt, Hayt, and Landau to discuss the case to avoid going to court. They would never answer the phone or return phone calls after messages were left, there voice mail states they return phone calls within 48 hours. Fast forward to XXXX, I arrived to the court house from supposed mediation as started on the summons, there was no mediator, just another attorney representing them. I had documents that showed that the debt is not correct and even bogus. The attorney did not want to see the documents, all she took was a piece of paper stating I was disputing the debt with the third party debt collector. There was no mediation, all they wanted was for me to agree to pay {$3800.00} on a debt they claim is only {$1100.00}. So, over three times the alleged debt. When I refuse the {$3800.00}, the attorney told the judge that we could not come to an agreement and request a trial. The judge then proceed to tell me that if I lose, all my assets and maybe my husbands assets would be taken and sold ( cars, house, etc. ) and if there was any money left after the sales, I may get it back. In addition, I had to retain an attorney to fight this debt and Hayt, Hayt, and Landau knows this, but they are still sending legal documents to me via mail, instead of my attorney 's office. I would talk to them personally, if they were willing to mediating fairly. Finally, they represent themselves as attorneys exclusively, but hearing their voice mails, they are actually debt collectors.
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| 01/11/2021 |
Yes |
- Debt collection
- Credit card debt
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- False statements or representation
- Attempted to collect wrong amount
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Web |
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My XXXX rewards credit card went into collections. After being contacted by the hired debt collection agency ; I did go ahead and start paying the debt once employed. I sent in a payment around XX/XX/XXXX and the payment was returned which was odd so I then reached out to the debt collectors which is " Hayt Hayt and Landau P.L ''. No response after multiple days of calling and emailing. I then reached out to XXXX XXXX ( original Debt ) to see if they had an explanation as to why the debt collectors had sent my payment back and arent returning my calls. They said it looked like the debt had been sent to another agency ; ok great ... seems like i'm getting somewhere. I and the XXXX XXXX agent call what was suppose to be another agency and come to find out they are only an answering service for the original debt collectors " hayt hayt and landau '' so I am now back at square one. I continue to call and ask the call center to have the actual company call me back to inform me on whats going on because not only can they not transfer you but they also can not take payments so they were no help at all. It is now XXXX and I havent heard back from the debt collectors by phone, mail or email. Towards the end of XXXX I continued to reach out to XXXX XXXX on their recorded lines to inform them on what was continuing to happen they pretended they were filing actions and complaints against the company for the issues that I was having and that hopefully would fix the communication issues. Nothing changed and the total continued to go up with whatever type of fees they were adding on. I am sure that it is unethical and illegal to deny payments, ignore calls and emails all while adding on fees to a chargeoff account. I have open accounts with XXXX that I pay on time and I am disgusted with them as well as the companies they hire to settle debt collections.
|
| 10/23/2019 |
Yes |
- Debt collection
- Credit card debt
|
- Took or threatened to take negative or legal action
- Threatened or suggested your credit would be damaged
|
|
Web |
Servicemember |
|
We received a notice from Hayt, Hayt & Landau, PL threatening to sue me for falsified debt with inflated and falsified interests, penalties and late fees on a debt they titled as XXXX XXXX without identifying the exact creditor XXXX whom the falsified and inflated erroneous debt is relating to. I also assigned this to my legal attorney whom they refused to contact after their office made several attempts to reach someone in the Hayt, Hayt and Landau, PL firm. No one returned our lawyers call and this firm is attempting to damage our credit and collect on falsified information. Also, XXXX XXXX has retailiated against me because I raised a dispute with XXXX and XXXX Credit Bureaus and shortly after I disputed the debt ; they immediately filed a law suit against me in XXXX County Magistrate Court which is also a form of discrimination because I am a XXXX XXXX XXXX female who is also a U.S. Veteran. This firm also made false accusations stating that I am not a U.S. Veteran by reaching out to SCRA in an attempt to collect excessive monies not owed. Also, I previously notified XXXX XXXX of our status in 2017 regarding our daughter who was hospitalized for 34 Days including XXXX for a XXXX XXXX condition which was a XXXX experience for my daughter which left my husband and I very emotionally distraught. I have made several attempts to be relived from this falsified claim and have a lawyer assigned to this case and am requesting that all communications that Hayt, Hayt, & Landau PL claim they have and any attempt to serve be communicated with my law firm whom they have ignored. The law firm they need to reach out to regarding this matter is XXXX XXXX XXXX, XXXX - XXXX
|
| 12/14/2020 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt was result of identity theft
|
|
Web |
|
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After an unauthorized deduction from my bank account, I was advised to check my credit reports and after doing so, I found that XXXX XXXX XXXX was reporting my account as delinquent, closed and charged off. After doing some investigation I learned that I had been a victim of identity theft from the XXXX data breach, in which all of my personal, financial and electronic data had been stolen. I received letters from The law offices of Hayt, Hayt & Landau attempting to collect an amount they claimed was due to XXXX XXXX XXXX by me. A dispute letter was sent to both the law firm and XXXX XXXXXXXX XXXX advising them of my identity being stolen and that I had been a victim of identity theft/fraud and asked them to validate the information they were claiming and to provide me with proof that I was responsible for the charges. I never received any of the documentation I requested. I filed an FTC report, police report, ID affidavit, contacted the credit bureaus The freeze my report due to the identity theft and advise them that I was disputing the XXXX XXXX XXXX account listed on my credit report. My other credit card accounts also had an authorized and fraudulent charges. One of my credit card companies investigated and determined that the charges were fraudulent and advised me that I was not liable for the amount from the unauthorized fraudulent charges. I never received a response or any of the documentation validating the charges and proving my liability for the amount they claimed I owed. Now Im being sued with this law office paying the attorneys for the plaintiff XXXX XXXX XXXXXXXX.
|
| 07/15/2021 |
Yes |
- Debt collection
- Credit card debt
|
- Took or threatened to take negative or legal action
- Threatened to sue you for very old debt
|
|
Web |
|
|
I XXXX XXXX has been abuse and deceived with the use of unfair debt collection practices, where my right to privacy has been breached. XXXX XXXX XXXX, XXXX. has cause injuries to me by violating the Fair Debt Collection Practice Act that was set into place to protect the consumer from such abuse. On XX/XX/XXXX XXXX XXXX XXXX, XXXX. violated 15 USC 1692i ( b ) by filing sue against me the consumer. Pursuant to 15 USC 1692i ( b ) Debt collectors is not authorize to bring forth any legal action against the natural person ; the consumer. XXXX XXXX XXXX, XXXX. violated 15 USC 1692c ( 3 ) by using representation of an attorney in connection with the collection of the debt. On XX/XX/XXXX XXXX XXXX XXXX, XXXX. violated 15 USC 1692c ( a ) ( 1 ) by the issuance of a SUMMONS/ NOTICE TO APPEAR FOR PRETRIAL CONFERENCE without the prior consent of me the consumer given directly to them at an unusual time and place which known to be inconvenient to me the consumer. Also on XX/XX/XXXX XXXX XXXX XXXX, XXXX. violated 15 USC 1692c ( a ) ( 3 ) by the issuance of a SUMMONS/ NOTICE TO APPEAR FOR PRETRIAL CONFERENCE without the prior consent of me the consumer given directly to them at my the consumer place of employment where such communication is so prohibited. XXXX XXXX XXXX, XXXX. violated 15 USC 1692e ( 13 ) by issuance of documents titled SUMMONS/ NOTICE TO APPEAR FOR PRETRIAL CONFERENCE and COMPLAINT FOR DAMAGES are both false representations and implications of legal process.
|
| 08/24/2018 |
Yes |
- Debt collection
- Credit card debt
|
- Threatened to contact someone or share information improperly
- Talked to a third-party about your debt
|
|
Web |
|
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I had a debt with XXXX XXXX credit card. I was going through hard times in my early XXXX and had to use this card to survive, I was young and naive and didnt know much on how credit works. I am now in my late XXXX and finally financially able to pay this debt off. My account was sold to Hayt & Hayt Landau where I agreed to pay them a monthly amount of {$180.00} on the XXXX of every month since XXXX. I have been paying them since XXXX and I have signed and faxed the settlement documents twice but apparently they have told me they never received the documents even though I had faxed it to them twice. Even though I have been paying them monthly in XXXX they had wanted to take me to court and tried to serve me at my house where I rent a room from, they had given my information to someone else who rents a room from my landlords house I dont really know or talk to this person and they disclosed my personal information to this person. This month of XXXX I had an issue with my debit card and talked to the receptionist asking if I can go to their location and pay on Friday XX/XX/XXXX and she said yes and that they close at XXXX. I drove 1 hour to pay them instead of {$180.00} but {$250.00} and when I arrived at XXXX they were closed. They didnt serve me I have not received documents but they said over the phone I have a court date on the XX/XX/XXXX. All I want to do is pay off this debt that I had accumulated in my early XXXX but I am being harassed by this debt collector.
|
| 11/20/2023 |
Yes |
- Credit card
- General-purpose credit card or charge card
|
- Getting a credit card
- Card opened without my consent or knowledge
|
|
Web |
Older American |
|
To the CFPB I'm submitting this complaint against XXXX XXXX XXXX XXXX XXXX because this bank and or collection agency actually violated federal laws, FCRA, FTC. I have made contact by phone to ask them to validate these accounts.
I was not aware of a legal action against my person back in XXXX. This collection agency acted unlawful by summing this action to collect two accounts that someone, with out my permission, was opened at XXXX XXXX XXXX XXXX XXXX. I need a full investigation on my behalf. I'm over XXXX XXXX XXXX XXXX and considered a XXXX XXXX.
This account was never validated. Under federal laws, I need all documents when this account was open. I understand that XXXX XXXX XXXX XXXX XXXX. closed this account because of fraud. I am in need of the whole application and documents to be able to validate this account.
1 application 2 first day of delinquency 3 payment history 4 history of reporting to credit bureau 5 assignment of sale from EQUABLE ASCENT FINANCIAL LLC TO XXXX XXXX XXXX XXXX
6 a break down of interest and fees 7 legal fees if applicable 8 name of the judge on the default judgment if applicable 9 bar number from the lawyer that submitted the complaint if applicable 10 collection agency number to collect in my state.
11 ACCOUNT # XXXX
|
| 08/27/2018 |
Yes |
- Credit card or prepaid card
- General-purpose credit card or charge card
|
- Other features, terms, or problems
- Credit card company forcing arbitration
|
|
Web |
|
|
Pursuant of U.C.C. - ARTICLE 3 -3-501 ( b ) 2 ( 1 ), I am entitled to demand presentation of the negotiable instrument. That demand is hereby ordered. I demand that you present for my visual inspection MY ORIGINAL WET INK SIGNATURE PROMISSORY NOTE This is required to establish your right of enforcement as Holder in Due Course via a chain of assignment as evidenced by the Note. Claiming to be the the holder in due course as a statement is insufficient proof of status and is/will be rejected. A photocopy of the documents is insufficient proof as it does not answer the question of who CURRENTLY is the rightful and lawful holder in Due Course.
Please also stipulate for the record whether or not my loan has been securitized, and if so, the name of the REMIC/Trust my loan is bundled with.
6 ) If my loan has been securitized, then please provide me the pooling and servicing agreement that names my loan as well as any documentation that explicitly gives you the right to service my loan as well as enforce the promissory note in the event of a foreclosure. If you are hiding these facts from me despite my request, then you are hereby notified that you are committing fraud and shall be named in a wrongful foreclosure civil action.
|
| 09/22/2018 |
Yes |
- Debt collection
- Credit card debt
|
- Written notification about debt
- Didn't receive enough information to verify debt
|
|
Web |
Older American |
|
I was contacted by Credit card debt attorney Hayt, Hayt and Landau about a credit card debt from XXXX XXXX XXXX. I have written to them twice and asked for proof that they are legally responsible to collect by providing me with valid assignment from original creditor and affadavit or testimony from original creditor attesting that the bill of sale is true and accurate. To date I have received not a single written response from them. They filed a lawsuit in my county against me but I have yet to be served. I know this because I was contacted through a advertisement by a attorney that provided me the information and offered to represent me in filing bankruptcy. I asked how he knew that I was being sued when I did not know. He said that he was a bankruptcy attorney and that he checks public records. The lawsuit was filed in XX/XX/2018. My letters were sent in XX/XX/2018.
I offered to make a settlement If they could provide me the proof that they are legally responsible to collect. Still I heard nothing back from them. I am XXXX and living solely on social security payments. I have no savings. What are my options when they will not respond to me. Thank you, XXXX XXXX XXXX
|
| 10/12/2018 |
Yes |
- Debt collection
- Auto debt
|
- Took or threatened to take negative or legal action
- Threatened or suggested your credit would be damaged
|
|
Web |
|
|
Hello, In XXXX of 2018, my husband XXXX XXXX received a dunning letter from a law group of Hayt, Hayt & Landau. The letter was dated XX/XX/2018 and was delivered by regular postal service delivery. In the letter they make a threatening statement that if a letter is written to their office to dispute the validity of the debt within 30 days that they will file a judgement against my husband. However, my husband, XXXX XXXX sent within the allotted 30 days, a request for validation. This request for validation was sent via UPS with tracking and was received by the law group within the 30 day period of time.
More time has passed and now the law group has file a case in civil courts. They have violated regulations of the FDCPA, while stating that the are debt collectors as well.
Please accept this as a formal complaint against the law group. They have violated the right to validation by not responding back to my husbands request, they threatened to sue if a request for validation was sent to them in writing, as well as now filed a lawsuit against my husband. Please see the attached notices that help to support this complaint.
|
| 01/16/2023 |
Yes |
- Debt collection
- Credit card debt
|
- Took or threatened to take negative or legal action
- Threatened to sue you for very old debt
|
|
Web |
|
|
This is an old account that was settled in court for a total of XXXX. My payment was XXXX dollars a month and this law firm was from Florida. ( XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX XXXX ... XXXX XXXX XXXX XXXX Florida XXXX. This law firm was taking my payments on an online portal. I could never get a statement balance after making payments. Payments started in XXXX of XXXX. I made my last payment through the portal in XX/XX/XXXX, but since that payment the portal has changed with no knowledge of how to make an direct payment. I had a Consent Judgment with this law frim signed and notarized for the agreed amount of XXXX settlement, yet this same Law firm in the state of Georgia are now filing an Affidavit of Default on Consent Judgment for an amount that's more than owed. The amount that was paid, was not deducted, but added to the balance, these actions are not right. I have proof of payments from my bank, but none from this firm. Something is not right. There is an attack on single family homes and workers who were essential worker throughout the pandemic We all are trying to recover financially.
|
| 03/27/2017 |
Yes |
|
- False statements or representation
- Attempted to collect wrong amount
|
|
Web |
|
|
I have been making payments on a hospital bill ( I should have disputed this bill from the start. ) XXXX to a debt collector since XXXX I have made regular monthly payments of XXXX.for 48 months At the end of XXXX I sent a check for the final payment on the account and they said ... .oh no wait a minute you still owe us XXXX. I stated I did not owe that and they informed me that they refiled a judgement back in XXXX since I missed several payments. This was the first I was notified of this.They never called or notified us that these payments were not received and that now they filed additional paperwork to inflate the balance to over XXXX still owed. They garnished my personal joint bank account with my wife who has battled XXXX for 17 months and garnished my very small business account. They took every cent from these accounts and never returned my calls since XXXX about my disute of not owing this balance. I have requested bank records from my bank. I have looked online and found many complaints and lawsuits against this debt collector Hayt Hayt and Landau, XXXX
|
| 08/22/2016 |
Yes |
- Debt collection
- Credit card
|
- Disclosure verification of debt
- Not given enough info to verify debt
|
|
Web |
Servicemember |
|
Hayt Hayt & Landau sued me a few years ago for a past due debt. Totally legitimate. I owed it. They seized my bank account and received their money. The debt was settled. 2 years later they say I owe them money still. I did not receive any communication stating there was a balance due. They tried to serve papers on us XX/XX/XXXX. I called their office ( I am sure I the call was recorded ) and requested proof of the debt and an accounting of the funds received to date. I received NOTHING. Friday afternoon XX/XX/2016 I was served at the office for a garnishment for the balance due. I am the XXXX and XXXX XXXX, I must submit the paperwork for processing, but it is n't fair. They wo n't even answer emails regarding the debt! Or call me to discuss it. I had no idea they felt there was a balance due and now there is a garnishment with extra fees that I should have to pay because I would have resolved the issue sooner before there were extra charges if they had just sent a letter or called me!
THIS IS A SCAM and someone should stop them from their illegal practices.
|
| 08/01/2017 |
Yes |
- Debt collection
- Credit card debt
|
- Written notification about debt
- Didn't receive enough information to verify debt
|
|
Web |
|
|
Around about XXXX XXXX, 2017 I received a letter for me to dispute the debt within 30 days.The letter was sent out on XXXX XXXX, 2017 however I did not receive none of my mail until around XXXX XXXX, 2017 when I gave the debt collector a call. All of my mail was sent back to the post office trying to forward it back. I had to call the post office and walk in to speak with someone about my mail. I call the company Hayt, Hayt and Landau, P.L. an left a message stating that I just received this letter and I will like to dispute the debt. I explained in the voicemail that I was not receiving my mail and that I have proof. I did not receive a call back neither anything in the mail. I tried calling them again and no answer. On X/XX/2017, I also sent to Hayt, Hayt & Landau, P. L., a Creditor/Debt Collector Declaration and I have yet to receive anything back from them. by law I was under the impression that they have to provide that information to me. No answer to my certified letter. The next thing I know I am getting a lawsuit served to me on X/XX/2017.
|
| 03/03/2021 |
Yes |
- Debt collection
- Credit card debt
|
- Took or threatened to take negative or legal action
- Threatened to sue you for very old debt
|
|
Web |
Servicemember |
|
This company is garnishing my wages for a debt that I believed to have been discharged. I received a 1099 form and claimed it on my taxes. I have reached out to the company via telephone and was told that I needed to email them, I emailed them and have not received a response. In my email, I questioned the validity of the debt since I had previously received a 1099. I informed them that if I legitimately owed the debt, I would pay but that my husband is out of work currently, so the amount that they are withdrawing, close to $ XXXXmonth is TOO MUCH! I requested that they send me information regarding the debt, an itemized breakdown of what I owe, how much they claim that I owe entirely and a complete breakdown of the debt and the amount of time that they are expecting me to pay. I have not received an email back, nor a phone call, nor anything via the mail. I am asking CFPB to assist before seeking a lawyer and having to pay addl fees. Any help would be greatly appreciated. The HHL file # is XXXX
|
| 07/07/2023 |
Yes |
- Debt collection
- I do not know
|
- Attempts to collect debt not owed
- Debt was paid
|
|
Web |
Servicemember |
|
7 years ago I filed a complaint about XXXX, XXXX & XXXX of XXXX Florida. They sent a garnishiment notice or some sort of file to collect a debt I no longer owe. My bank account was seized for full payment of a debt of {$3700.00} ( approximately ) the new letter says I owe XXXX. ( approx ). I see in this portal that they replied to your office about a debt, but they never contacted me again. The debt was in XXXX. The payment was withdrawn in XXXX from my bank account. And then all the fraudulent mail started and stopped in XXXX. My former employer contacted me to inform me that not only did they reach out to a company I never worked for, they are lying about the amount I owe and why. I have asked for documentation of the amount due and have not received a single document in 7 years. And now this " garnishment '' to a company that is owned by my former employer and never worked for? This is a scam again. How are these people still in business?
|
| 12/03/2019 |
Yes |
- Debt collection
- I do not know
|
- Written notification about debt
- Didn't receive enough information to verify debt
|
|
Web |
|
|
I am requesting that the CFPB please inquire into the matter of Debt Collection Harassment committed by Hayt, Hayt, & And Landau for their client(s) XXXX And XXXX XXXX XXXX. I have asked them to provide me with proof (validation) of an alleged debt and in retaliation, they have gone ahead and filed a lawsuit when under the Fair Debt Collections Practices Act they are supposed to cease all collection efforts while they validate the debt. Furthermore, they have failed to update the credit bureaus to show “Consumer Disputes.” The list goes on with the unfair and harassing tactics they have used on me.
This entire thing is really stressing me out and I don’t know why I must spend so many countless hours trying to correct these companies' mistakes.
I’m requesting an investigation/inquiry into this matter.
I do not want any telephone calls from XXXX or their debt collectors of ANY KIND and if I do I will consider it harassment.
|
| 12/23/2019 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt is not yours
|
|
Web |
Servicemember |
|
I received information from Hayt, Hayt, & Landau, P.L. attempting to collect the above-listed alleged debt. The initial communication to me of the alleged-debt was within 30 days ago. Please be further advised, I dispute the validity of the alleged debt in its entirety. Be further advised that I request the name and address of the original creditor, along with an agreement with my original signature binding me to the alleged debt. Hayt, Hayt, & Landau, P.L. are illegally attempting to collect an alleged debt and money that I do not owe. As per the law, cease and desist all collection activity, including credit reporting. Promptly request deletion of any prior credit reporting to credit reporting agencies. The Consumer Financial Protection Bureau is authorized to investigate this matter and receive related information. If you fail to comply with this letter, I may turn the matter over to an attorney.
|
| 12/23/2019 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt is not yours
|
|
Web |
Servicemember |
|
I received information from Hayt, Hayt, & Landau, P.L. attempting to collect the above-listed alleged debt. The initial communication to me of the alleged-debt was within 30 days ago. Please be further advised, I dispute the validity of the alleged debt in its entirety. Be further advised that I request the name and address of the original creditor, along with an agreement with my original signature binding me to the alleged debt. Hayt, Hayt, & Landau, P.L. are illegally attempting to collect an alleged debt and money that I do not owe. As per the law, cease and desist all collection activity, including credit reporting. Promptly request deletion of any prior credit reporting to credit reporting agencies. The Consumer Financial Protection Bureau is authorized to investigate this matter and receive related information. If you fail to comply with this letter, I may turn the matter over to an attorney.
|
| 02/07/2020 |
Yes |
- Debt collection
- Credit card debt
|
- Took or threatened to take negative or legal action
- Threatened or suggested your credit would be damaged
|
|
Web |
|
|
According to the Fair Credt Reporting Act Section 609 Disclosures to consumers ( a ) ( 1 ) ( A ) companies are required by Federal Law to verify debt. Upon receiving debt collection efforts from Hayt, Hayt & Landau PL, I have specifically requested that they provide me with a copy of the agreement authorizing Hayt, Hayt & Landau, PL to collect debt on the behalf of XXXX XXXX and a copy of the original contract I signed with XXXX XXXX bearing my signature. I sent Hayt, Hayt & Landau, PL 3 requests for this information on XX/XX/19, XXXXand XX/XX/19. Each of their responses purposefully ignored those requests and only sent a slew of bills from the original creditor to myself. THIS DOES NOT SUFFICE AS VERIFICATION OF DEBT. Attached, you will see all 3 requests Ive made for proper verification and their same response which is the slew of bills from XXXX XXXX. I believe they are violating the law.
|
| 05/04/2023 |
Yes |
- Debt collection
- Credit card debt
|
- Took or threatened to take negative or legal action
- Seized or attempted to seize your property
|
|
Web |
|
|
I have new and updated information regarding complaint number : XXXX XXXX XXXX XXXX XXXX XXXX. and Hayt Hayt & Landau, P.L. are debt collectors who are attempting to collect an unvalidated debt that they refuse to provide documentation for me The Consumer to assess and validate the accuracy of their claims. XXXX XXXX XXXX, XXXX. furnished my personal information to Hayt Hayt & Landau, P.L. without my consent. Hayt Hayt & Landau, P.L. used my personal information to contact my employer without my consent in attempt to cause me harm by impacting my employment status with their extortionate collection attempts. Last, XXXX XXXX XXXXXXXX, XXXX. and Hayt Hayt & Landau, P.L. have threatened to take my property by filing an unauthorized legal action within an unauthorized venue in their attempt to collect this unlawful and unvalidated debt.
|
| 11/16/2019 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt was paid
|
|
Web |
|
|
malice prosecutor, not at good faith. I had an old credit debts was open in XX/XX/XXXX and paid off closed on XX/XX/XXXX. now I debt collector hayt hayt landau p, l sue which I asked them with signature open that account they can not show cause they no prove. I went court I told the judge without prove of my signature open an account for $ XXXX.it is not mind. they said all fees including. I show prove from credit burau where I had an account with XXXX XXXX XXXX and account where paid and closed. they said, they are the one who paid it. case was disposed. two years later they are tried to garnished my money. I went to court garnishment dissolved. now they tried again recently garnishment dissolve. I told them show me where did I open that account with my signature. and for last, they have tree different account
|
| 01/28/2021 |
Yes |
- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
|
- Incorrect information on your report
- Account status incorrect
|
|
Web |
|
|
In 2018, I settled for payment in full on a credit card that went into collections. The company in charge of collecting the payment is Hart Haytand Landeau. They have been slandering my credit every month. They continue to report a new charge off every month - even though I make the agreed upon payment on time. They are not reporting that the account was settled to the credit bureaus. I can not secure any new loans or employment because of their erroneous reporting. I believe they are trying to bully me into paying the amount in full in order to restore my credit and my life. This has significantly impacted my emotional and financial well being. Ive tried calling them multiple times only to be placed on hold for e tended periods of time. I believe this is a t tic they are using with other consumers also.
|
| 12/14/2021 |
Yes |
- Debt collection
- Credit card debt
|
- False statements or representation
- Indicated you were committing crime by not paying debt
|
|
Web |
Older American |
|
Hi XXXX XXXX a letter of Garnishment from XXXX XXXX, XXXX as assignee of XXXX XXXX The amount they claiming is XXXX and XXXX court cost.k ow just last year I received the same Garnishment from the court house of XXXX GA saying that this case was closed due to wrong info. XXXX XXXX info. And the other information on me was incorrect. So.know I received the certified mail from C/O Hayt ' Hayt & Landau.PLXXXX Ga,XXXX XXXX I have received threatening phone calls .and I did try to call last year.and spoke with some one but she was trying to get money from me .in a way I did not like. The original balance was XXXX. So I don't know what is true and what is not or who is who. But the sad thing about this is I have another card with this bank. thanks XXXXXXXX XXXX XXXXXXXX
|
| 04/29/2023 |
Yes |
- Debt collection
- Credit card debt
|
- False statements or representation
- Impersonated attorney, law enforcement, or government official
|
|
Web |
|
|
I have new and updated information regarding Complaint Number XXXX : Hayt , Hayt & Landau , P.L . has provided false, deceptive, and misleading information in its previous response. It is a fact as seen in the attached documents that Hayt , Hayt & Landau , P.L . has identified themselves as a debt collector and its communication is in reference to collecting an alleged debt. Hayt, Hayt & Landau, P.L., a third-party debt collectors involvement in this matter is misleading as its participating as both a debt collector and as an attorney. Congress has deemed such behavior unlawful. I request Hayt , Hayt & Landau , P.L . to disclose under the Freedom of Information Act to disclose how it and its attorneys are participating as both debt collector and attorneys.
|
| 03/14/2021 |
Yes |
- Debt collection
- Auto debt
|
- Took or threatened to take negative or legal action
- Sued you without properly notifying you of lawsuit
|
|
Web |
Servicemember |
|
On XX/XX/2021 this company XXXX XXXX contacted me stating that i owed an account that was taken to court and tried to sue me on legal action. This company stated that they took action and hired a lawyer by the name of XXXX XXXX XXXX lawyers, they also stated that a judgement was granted in their favor against me during a time where i was not notified and during a time where the courts were closed due to the pandemic ( covid-19 ). Their was not an option for me to present a case nor a notification was presented towards me. They performed an illegal action due to the courts being closed. They also were threatening me against legal action if i do not pay immediately. They stated if i do not pay {$6300.00} that they will pursue other actions against me.
|
| 02/15/2022 |
Yes |
- Debt collection
- Credit card debt
|
- Communication tactics
- You told them to stop contacting you, but they keep trying
|
|
Web |
|
|
I HAVE NEW INFORMATION. On XX/XX/2022, I notified HAYT, HAYT, and Landau, P.L. to cease communication with me and to only notify me the ( consumer ) that they have terminated further efforts or invoked specified remedy. I also demanded that they validate this debt pursuant to the FDCPA. They have not complied ; they have continued attempts to collect this alleged debt without providing validation of the debt. on XX/XX/2022 I received statements, I notified HAYT, HAYT, and Landau, P.L. that a " statement '' is not an " invoice ''. HAYT, HAYT, and Landau, P. L 's non-compliance has violated my federally protected right to assess and validate the debt FYI ( The 139 paged statement file is too large to attach to the complaint as supporting documents ).
|
| 12/27/2019 |
Yes |
- Debt collection
- I do not know
|
- False statements or representation
- Attempted to collect wrong amount
|
|
Web |
|
|
Hayt And Hayt is attempting to collect on a debt for their client XXXX XXXX XXXX. This company does not have any original contracts and the terms and conditions to go with this debt that substantiate that they are allowed to collect the interest and fees they are attempting to charge, which is a violation of The Fair Debt Collections Practices Act. I have asked them to produce it and they have failed to do so and continue to attempt to collect on this debt. 1692 f ( 1 ) Attempt to collect any amount not authorized by the agreement creating the debt or permitted by law. This is unfair and I want this harassment to stop.
|
| 12/13/2020 |
Yes |
- Debt collection
- Credit card debt
|
- False statements or representation
- Attempted to collect wrong amount
|
|
Web |
|
|
Hayt Hayt Landau PL. filed suit for a " Debt '' they claim is owed to them. There have not been any contract entered in with such company ( except notice mail. later ) and by attempting to " collect '' are in violation of a default notice ( certified letter XXXX sent asking them to show verification or validation or cease actions. They failed and now have filed a suit.
Their claims are invalid and are of a fraudulent construction. All details are not revealed making them further incorrect in their claims. They also have not told the price they bought consumers debts for.
|
| 08/12/2023 |
Yes |
- Debt collection
- Auto debt
|
- Took or threatened to take negative or legal action
- Sued you without properly notifying you of lawsuit
|
|
Web |
|
|
On XX/XX/2023 Hayt Hayt & Landau P.L. fraudulently began receiving 25 % of my employment pay from my employer, XXXX XXXX. I never received notification from Hayt Hayt & Landau P.L. of a Garnishment, nor was I served paperwork, or a letter to appear in court, that I was being sued for a debt. Hayt Hayt & Landau P.L. also has sent inaccurate information to the credit agencies causing me to be denied for a home.
Hayt Hayt & Landau P.L. received a Debt Validation letter from me, ( CERTIFIED ), and I have not received a response from them as of today.
|
| 01/24/2024 |
Yes |
- Debt collection
- Credit card debt
|
- Took or threatened to take negative or legal action
- Sued you without properly notifying you of lawsuit
|
|
Web |
|
|
XXXX was the discharged amount ; this was discharged in XXXX XXXX sold it to Hayt and Hyat which they filed a petition in XXXX XXXX XXXX on XX/XX/XXXX. I was not notified until XX/XX/XXXX and they did not give me accurate enough time to answer. This charge was charged off my credit a while back. They guy who brought the papers to my doorstep portrayed hisself as someone else and then gave the paperwork to my husband. This particular person I have seen before in my neighborhood did not know who he was until XX/XX/XXXX.
|
| 08/29/2023 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt is not yours
|
|
Web |
Older American |
|
I dispute XXXX XXXX XXXXXXXX XXXX accounts set forth on the XXXX attached Debt Validation letters received in the mail XX/XX/2023. I need copies of the last 12 months of monthly statements for each of the XXXX accounts with the complete Credit Card Agreement with any XXXX provisions for each of the XXXX accounts with account numbers printed on each page of the credit card agreements so I can read the exact terms of any purported agreement. Kindly consider each of the XXXX accounts as disputed in their entirety.
|
| 06/26/2019 |
Yes |
- Debt collection
- I do not know
|
- Attempts to collect debt not owed
- Debt is not yours
|
|
Web |
|
|
I received letter shipped by standard mail, dated XX/XX/2019. Letter is from Hyat, Hyat and Landau, XXXX, stating that they are attorneys for XXXX XXXX XXXX. Such firm is stating that they are trying to collect a balance of XXXX owed originally to XXXX XXXX, XXXX.
The letter states that unless I dispute the validity of the debtwithin 30 days after its receipt, it will be assumed that the debt is valid.
Collection Agency : Hyat, Hyat & Landau, P.L.
XXXX XXXX XXXX XXXX XXXX. XXXX XXXX XXXX, Fl XXXX
|
| 02/06/2022 |
Yes |
- Debt collection
- Credit card debt
|
- False statements or representation
- Impersonated attorney, law enforcement, or government official
|
|
Web |
|
|
HYAT, HAYT, & LANDAU, P.L., a third-party debt collector violated my right to privacy by illegally obtaining my location information, sending me a debt collection notice alleging that I owe a debt whereas a debt collector can not make such, and identifying themselves as a debt collector but falsely misrepresenting the communication as being from an attorney. I did not provide them my location information and they did not have consent to contact me in reference to the collection of an alleged debt.
|
| 06/13/2017 |
Yes |
- Debt collection
- Credit card debt
|
- False statements or representation
- Impersonated attorney, law enforcement, or government official
|
|
Web |
Servicemember |
|
Collection Agency Hayt, Hayt & Landau representing themselves as LAW OFFICES representing XXXX XXXX XXXX Creditor Claims they could not locate me. I have lived here for 10 years. This bill was paid off in XX/XX/XXXX. The company had previously changed names from XXXX to XXXX. I have bank statements showing final payment of {$200.00} in XX/XX/XXXX. No other bills were received after that date because the account was closed at my request in XX/XX/XXXX.
|
| 06/13/2022 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt is not yours
|
|
Web |
Servicemember |
|
A letter was sent from this company I've never heard of claimed I owed money. I responded with a letter requesting paperwork that bears my signature. The company sent back old statements from a credit card. They've ignored my request and are in violation of the FDCPA.
Furthermore, they have misrepresented themselves sending letters under various LLC 's and different companies. I have no contract or financial obligation with any of these companies.
|
| 03/02/2019 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt was result of identity theft
|
|
Web |
|
|
The date I received this letter was XX/XX/2019 Account File Number : XXXX The lawyers from Hayt, Hayt, Landau P.L. address : XXXX XXXX XXXX - XXXX XXXX XXXX XXXX XXXX XXXX - XXXX, Florida XXXX Telephone ( XXXX ) XXXX They stated a creditor : XXXX XXXX XXXX, XXXX. wants me to pay {$1600.00} to them.
I was a victim of identity debt and notified this company of such matter. I never borrowed from XXXX XXXX XXXX because I have no credit.
|
| 07/31/2022 |
Yes |
- Debt collection
- Auto debt
|
- Attempts to collect debt not owed
- Debt is not yours
|
|
Web |
|
|
The money owed or is being collected is from a stolen vehicle that was recovered, then sold at auction by insurance company. Also the remaining balance should of been covered by GAP insurance or primary insurance or both. It wasnt my fault for the vehicle to be stolen and had proper insurance coverage for such incidents if needed. I am not responsible for this {$6800.00}. Please contact GAP insurance through XXXX XXXXThank you
|
| 04/18/2016 |
Yes |
- Debt collection
- I do not know
|
- Taking/threatening an illegal action
- Threatened to sue on too old debt
|
|
Web |
|
|
A debt collector put a lien on a old debt on my credit report it expired and is due to come off so a debt collector law firm sent a letter I sent XXXX request of verification of debt and last transaction and nothing. Instead they file garnishment against me on a debt that is approximately 20 yrs old how is that legal and where is my rights as a consumer. the law firm is Hayt, Hayt & Landau PL in XXXX.
|
| 03/24/2023 |
Yes |
- Debt collection
- Credit card debt
|
- Written notification about debt
- Didn't receive enough information to verify debt
|
|
Web |
|
|
I have new and updated information regarding complaint number : XXXX.
Hayt Hayt and Landau P. L. a third-party debt collector is withholding documentation to verify the validity of their claims. I am requesting the original purchase agreement that shows you are the legal owner of this alleged debt. Please include all the terms and conditions that are included in this purchase agreement.
|
| 09/23/2020 |
Yes |
- Debt collection
- Credit card debt
|
- Written notification about debt
- Didn't receive notice of right to dispute
|
|
Web |
|
|
I received a suite from Superior Court today dated XXXX XXXX, XXXX today is XX/XX/XXXX. I am bey suited by a debt collector for the XXXX XXXX XXXX by Attorney XXXX XXXX XXXX, XXXX with That, XXXX XXXX XXXX, XXXX, I feel that this has been too long and I do not owe this as it has been a year since paperwork was filed to Superior Court and I am now getting documents.
|
| 01/22/2024 |
Yes |
- Debt collection
- Credit card debt
|
- Threatened to contact someone or share information improperly
- Contacted your employer
|
|
Web |
|
|
HAYT HAYT & LANDAU FILED FOR WAGES GARNISHMENT THROUGH MY EMPLOYER onXXXX. DID NOT MAIL ME ANY NOTIFICATION. NOT RESPONDING TO MY CALLS. I had an agreement to make 4 payments to settle debt, last year paid 3 times online, last payment I wasnt able to make online as they blocked my account so last check was mailed. They using unethical methods to target customers..
|
| 04/28/2020 |
Yes |
- Debt collection
- Credit card debt
|
- False statements or representation
- Attempted to collect wrong amount
|
|
Web |
Servicemember |
|
XXXX XXXX XXXX says that I owe them {$27000.00}. I paid less than the amount due, but they left the note on my credit report saying charged off instead of " settled in full ''. The coronavirus is hurting me financially, and they refuse to help me. I need access to additional credit to make it through the COVID-19 shutdown.
|
| 01/03/2022 |
Yes |
- Debt collection
- Credit card debt
|
- Took or threatened to take negative or legal action
- Threatened to sue you for very old debt
|
|
Web |
Older American |
|
RE : Lawsuit Deceptive and unfair, since the Statute of limitations period in FL is 4 to 6 years.
A certified letter was sent on XX/XX/XXXX without response ( XXXX ) I did not receive any notice regarding this dispute of this debit.
I was living in XXXX State from XX/XX/XXXX to XX/XX/XXXX Then I moved back to XXXX.
|
| 08/19/2019 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt is not yours
|
|
Web |
|
|
Hayt Hayt & Landau, P.L., Third-Party Debt Collector, has attempted to collect a debt that I do not owe. This Debt Collector did not have my expressed consent, authorized signature or court order to use my private information.They have called my family telling them I owe a debt and defaming my character.
|
| 08/28/2022 |
Yes |
- Debt collection
- Credit card debt
|
- Took or threatened to take negative or legal action
- Sued you without properly notifying you of lawsuit
|
|
Web |
|
|
Hayt , Hayt & Landau , P.L . Served me a summons & complaint without proper communication prior to being served on XX/XX/22 for the amount of {$2500.00}. I certified mailed a Debt Validation Letter prior to be served which has not been responded to as of today.
|
| 09/23/2021 |
Yes |
- Debt collection
- I do not know
|
- Took or threatened to take negative or legal action
- Threatened to sue you for very old debt
|
|
Web |
|
|
Received a notice from a company ( XXXX XXXX ) representing a Collection Agency, a 3rd Party company apparently. I responded to the Law company in the 30 days as referenced and My letter returned " address unknown '' sent to the address listed on the letter.
|
| 12/12/2016 |
Yes |
- Debt collection
- Credit card
|
- Cont'd attempts collect debt not owed
- Debt is not mine
|
|
Web |
|
|
This company has gotten a judgement and has frozen my bank account for an amount I do not owe. They are not the original creditors and have inflated the amount owed. I am trying to fight it in court. The company is XXXX, XXXX and XXXX.
|
| 01/10/2016 |
Yes |
- Debt collection
- Credit card
|
- Taking/threatening an illegal action
- Sued w/o proper notification of suit
|
|
Web |
|
|
This collection agency was able to receive a judgment against me without giving me the opportunity to respond or dispute my case, they also denied my request after several attempts requesting to see a signed agreement or contract.
|
| 10/24/2020 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt is not yours
|
|
Web |
Older American |
|
XXXX XXXX XXXX hired Hayt and Hayt & Landau to collect a debt for web bank I have never heard of them
|
| 08/31/2018 |
No |
- Debt collection
- Private student loan debt
|
- Took or threatened to take negative or legal action
- Threatened to sue you for very old debt
|
|
Web |
Servicemember |
|
Hey just and XXXX tried to garnish bank acct.
|
| 12/27/2023 |
Yes |
- Debt collection
- Credit card debt
|
- Took or threatened to take negative or legal action
- Collected or attempted to collect exempt funds
|
|
Web |
|
|
|
| 12/19/2023 |
Yes |
- Debt collection
- Auto debt
|
- False statements or representation
- Told you not to respond to a lawsuit they filed against you
|
|
Web |
Servicemember |
|
|
| 10/31/2023 |
Yes |
- Debt collection
- Credit card debt
|
- Took or threatened to take negative or legal action
- Sued you without properly notifying you of lawsuit
|
|
Phone |
|
|
|
| 09/30/2023 |
Yes |
- Debt collection
- Credit card debt
|
- Took or threatened to take negative or legal action
- Threatened or suggested your credit would be damaged
|
|
Web |
|
|
|
| 09/14/2023 |
Yes |
- Debt collection
- Auto debt
|
- False statements or representation
- Attempted to collect wrong amount
|
|
Web |
|
|
|
| 09/12/2023 |
Yes |
- Credit reporting or other personal consumer reports
- Credit reporting
|
- Improper use of your report
- Reporting company used your report improperly
|
|
Web |
Older American |
|
|
| 08/31/2023 |
Yes |
- Credit reporting or other personal consumer reports
- Credit reporting
|
- Incorrect information on your report
- Account information incorrect
|
|
Web |
Older American |
|
|
| 08/30/2023 |
Yes |
- Credit reporting or other personal consumer reports
- Credit reporting
|
- Incorrect information on your report
- Information is missing that should be on the report
|
|
Web |
Older American |
|
|
| 08/30/2023 |
Yes |
- Credit reporting or other personal consumer reports
- Credit reporting
|
- Incorrect information on your report
- Information is missing that should be on the report
|
|
Web |
Older American |
|
|
| 08/30/2023 |
Yes |
- Credit reporting or other personal consumer reports
- Credit reporting
|
- Incorrect information on your report
- Information is missing that should be on the report
|
|
Web |
Older American |
|
|
| 06/27/2023 |
Yes |
- Debt collection
- Credit card debt
|
- Written notification about debt
- Didn't receive enough information to verify debt
|
|
Web |
|
|
|
| 04/25/2023 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt was result of identity theft
|
|
Web |
Older American |
|
|
| 08/05/2022 |
Yes |
- Debt collection
- Other debt
|
- Attempts to collect debt not owed
- Debt was paid
|
|
Referral |
|
|
|
| 04/01/2022 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt is not yours
|
|
Web |
|
|
|
| 12/03/2021 |
Yes |
- Debt collection
- Medical debt
|
- Took or threatened to take negative or legal action
- Sued you without properly notifying you of lawsuit
|
|
Web |
Servicemember |
|
|
| 09/27/2021 |
Yes |
- Debt collection
- Credit card debt
|
- Threatened to contact someone or share information improperly
- Contacted your employer
|
|
Phone |
|
|
|
| 06/28/2021 |
Yes |
- Debt collection
- Credit card debt
|
- Written notification about debt
- Didn't receive notice of right to dispute
|
|
Web |
|
|
|
| 05/22/2021 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt was result of identity theft
|
|
Web |
|
|
|
| 03/12/2021 |
Yes |
- Debt collection
- I do not know
|
- Written notification about debt
- Didn't receive enough information to verify debt
|
|
Web |
|
|
|
| 02/26/2021 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt was result of identity theft
|
|
Web |
|
|
|
| 02/17/2021 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt was result of identity theft
|
|
Web |
|
|
|
| 02/16/2021 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt was result of identity theft
|
|
Web |
|
|
|
| 01/31/2021 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt is not yours
|
|
Web |
|
|
|
| 10/15/2020 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt is not yours
|
|
Web |
|
|
|
| 06/26/2020 |
Yes |
- Debt collection
- Other debt
|
- Written notification about debt
- Didn't receive enough information to verify debt
|
|
Postal mail |
|
|
|
| 05/21/2020 |
Yes |
- Debt collection
- Other debt
|
- Written notification about debt
- Didn't receive enough information to verify debt
|
|
Postal mail |
|
|
|
| 03/06/2020 |
Yes |
- Debt collection
- Auto debt
|
- False statements or representation
- Attempted to collect wrong amount
|
|
Web |
|
|
|
| 11/02/2019 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt is not yours
|
|
Web |
|
|
|
| 08/07/2019 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt was paid
|
|
Postal mail |
|
|
|
| 07/26/2019 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt is not yours
|
|
Web |
|
|
|
| 03/18/2019 |
Yes |
- Debt collection
- Auto debt
|
- Took or threatened to take negative or legal action
- Sued you without properly notifying you of lawsuit
|
|
Web |
|
|
|
| 11/25/2018 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt was paid
|
|
Web |
|
|
|
| 08/18/2018 |
Yes |
- Debt collection
- Credit card debt
|
- False statements or representation
- Attempted to collect wrong amount
|
|
Web |
|
|
|
| 06/13/2018 |
Yes |
- Debt collection
- I do not know
|
- Took or threatened to take negative or legal action
- Threatened to sue you for very old debt
|
|
Phone |
|
|
|
| 03/02/2018 |
Yes |
- Debt collection
- I do not know
|
- Took or threatened to take negative or legal action
- Sued you without properly notifying you of lawsuit
|
|
Web |
|
|
|
| 12/09/2017 |
No |
- Debt collection
- Private student loan debt
|
- Took or threatened to take negative or legal action
- Seized or attempted to seize your property
|
|
Web |
|
|
|
| 04/03/2017 |
Yes |
- Debt collection
- Credit card
|
- False statements or representation
- Attempted to collect wrong amount
|
|
Web |
|
|
|
| 03/27/2017 |
Yes |
- Debt collection
- Credit card
|
- Cont'd attempts collect debt not owed
- Debt was discharged in bankruptcy
|
|
Postal mail |
Older American |
|
|
| 03/08/2017 |
Yes |
- Debt collection
- I do not know
|
- Disclosure verification of debt
- Not given enough info to verify debt
|
|
Web |
Servicemember |
|
|
| 05/13/2016 |
Yes |
- Debt collection
- Credit card
|
- Taking/threatening an illegal action
- Attempted to/Collected exempt funds
|
|
Web |
|
|
|
| 02/09/2016 |
Yes |
- Debt collection
- Credit card
|
- Cont'd attempts collect debt not owed
- Debt is not mine
|
|
Web |
|
|
|
| 02/04/2016 |
Yes |
- Debt collection
- Credit card
|
- False statements or representation
- Attempted to collect wrong amount
|
|
Web |
Older American |
|
|
| 01/15/2016 |
Yes |
- Debt collection
- Credit card
|
- False statements or representation
- Attempted to collect wrong amount
|
|
Web |
Older American |
|
|
| 11/19/2015 |
Yes |
- Debt collection
- Credit card
|
- False statements or representation
- Indicated shouldn't respond to lawsuit
|
|
Web |
|
|
|
| 09/23/2015 |
Yes |
- Debt collection
- Credit card
|
- False statements or representation
- Impersonated an attorney or official
|
|
Web |
Servicemember |
|
|
| 09/23/2015 |
Yes |
- Debt collection
- Credit card
|
- False statements or representation
- Indicated shouldn't respond to lawsuit
|
|
Web |
|
|
|
| 07/23/2015 |
Yes |
- Debt collection
- Credit card
|
- False statements or representation
- Attempted to collect wrong amount
|
|
Web |
|
|
|
| 07/22/2015 |
Yes |
- Debt collection
- I do not know
|
- Disclosure verification of debt
- Not given enough info to verify debt
|
|
Web |
|
|
|
| 06/24/2015 |
Yes |
- Debt collection
- Credit card
|
- Taking/threatening an illegal action
- Threatened to sue on too old debt
|
|
Web |
|
|
|
| 02/23/2015 |
No |
- Debt collection
- Credit card
|
- Cont'd attempts collect debt not owed
- Debt was paid
|
|
Postal mail |
|
|
|
| 11/14/2014 |
No |
- Debt collection
- Credit card
|
- Taking/threatening an illegal action
- Sued where didn't live/sign for debt
|
|
Web |
|
|
|
| 10/02/2014 |
Yes |
- Debt collection
- Credit card
|
- Communication tactics
- Used obscene/profane/abusive language
|
|
Phone |
|
|
|
| 07/21/2014 |
Yes |
- Debt collection
- Credit card
|
- Disclosure verification of debt
- Not disclosed as an attempt to collect
|
|
Web |
|
|
|
| 11/13/2013 |
No |
- Debt collection
- Credit card
|
- Taking/threatening an illegal action
- Attempted to/Collected exempt funds
|
|
Web |
|
|
|
| 11/06/2013 |
Yes |
- Debt collection
- Credit card
|
- Disclosure verification of debt
- Right to dispute notice not received
|
|
Web |
|
|
|
| 10/14/2013 |
Yes |
- Debt collection
- Other (i.e. phone, health club, etc.)
|
- Cont'd attempts collect debt not owed
- Debt is not mine
|
|
Web |
|
|
|
| 09/16/2013 |
Yes |
- Debt collection
- Credit card
|
- False statements or representation
- Attempted to collect wrong amount
|
|
Phone |
Servicemember |
|
|
| 08/14/2013 |
Yes |
|
|
|
Web |
|
|
|