| 10/29/2023 |
Yes |
- Debt collection
- I do not know
|
- Written notification about debt
- Didn't receive enough information to verify debt
|
|
Web |
Servicemember |
|
I am writing to formally address concerns arising from an alleged debt being pursued by XXXX XXXX XXXX XXXX XXXX, XXXX on behalf of XXXX XXXX XXXX XXXX. On or about XX/XX/2023, I received a letter in Spanish from XXXX XXXX XXXX XXXX XXXX, XXXX. After employing online translation tools and consulting with native Spanish-speaking family members, I managed to comprehend the content of the letter.
The said letter, dated XX/XX/2023, and received on XX/XX/2023, included a statement in XXXX that, when translated, reads as follows : " If you write or call us before XX/XX/2023, we must stop collection of any amounts you dispute until we send you information showing you owe the debt. You must use the form below or write to us without the form. You may also include documents that support your dispute. We accept disputes electronically at XXXX. '' ( Copy of Original Spanish letter included for your record ) In response to this letter, on XX/XX/2023, I reached out to XXXX XXXX XXXX XXXX XXXX, XXXX via email, and subsequently, on XX/XX/2023, I sent a written correspondence via XXXX Mail Certified with Return Receipt Request, ( Certified Mail Signed for by XXXX XXXX XXXX XXXX XXXX, XXXX representative on XX/XX/2023 ) copy of letter and Certified Mail tracking Info enclosed for your reference.
In both my email and written communication, I made several requests in an attempt to exercise my consumer rights under the Fair Debt Collection Practices Act ( FDCPA ).
In my correspondence, I explicitly informed XXXX XXXX XXXX XXXX XXXX, XXXX, that I am not a native Spanish language speaker or reader, and my primary language is XXXX, which I utilize in all of my business dealings. I expressly requested that all future correspondence with me be conducted in the English language to ensure clarity and understanding.
As a consumer, I believe that there may be erroneous information on my credit reports related to the alleged debt, and I have formally requested a full validation and verification of the alleged debt in accordance with my rights under the Fair Debt Collection Practices Act ( FDCPA ), specifically codified under 15 U.S.C. 1692g, which grants me the right to request such verification.
I am writing to follow up on my previous letters sent to XXXX XXXX XXXX XXXX XXXX, XXXX, regarding an alleged debt being pursued by XXXX XXXX XXXX XXXX XXXX, XXXX, on behalf of XXXX XXXX XXXX. An additional development in this matter has raised concerns regarding possible violations of the Fair Debt Collection Practices Act ( FDCPA ).
In a letter dated XX/XX/2023, and postmarked on the same date of XX/XX/2023, although not received until XX/XX/2023, ( Photo Copy of Letter and Post Marked Envelope Attached ) I received correspondence from XXXX XXXX XXXX XXXX XXXX, XXXX, stating that I had until exactly XX/XX/2023, to dispute the alleged debt or request full validation/verification. Regrettably, the letter failed to provide any of the requested alleged debt validation that I had initially sought in my lawful request letters sent to XXXX XXXX XXXX XXXX XXXX, XXXX. on XX/XX/XXXX and XX/XX/2023. They even disregarded the statement which they had included in their letter dated XX/XX/2023 and received by me on XX/XX/2023 that when translated, reads as follows : " If you write or call us before XX/XX/2023, we must stop collection of any amounts you dispute until we send you information showing you owe the debt. You must use the form below or write to us without the form. You may also include documents that support your dispute. We accept disputes electronically at XXXX. '' XXXX XXXX XXXX and XXXX, XXXX has not sent me any information to show, validate, or verify that I owe this alleged debt.
This additional letter raises concerns as it appears to disregard my previous requests for debt validation made in accordance with the Fair Debt Collection Practices Act ( FDCPA ), which grants consumers the right to dispute the validity of a debt and request verification within 30 days of receiving the initial communication regarding the debt.
XXXX XXXX XXXX XXXX XXXX XXXX insistence that I had until XX/XX/2023, to dispute the alleged debt without providing the previously requested validation is a potential violation of the FDCPA, which requires debt XXXX to respond to a consumer 's dispute and provide validation of the debt within a specified timeframe. I am requesting that XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX that they must cease collection activities for this purported debt as they have violated FDCPA requirements.
I am deeply concerned about these developments and the potential violation of my rights under the FDCPA. I kindly request that XXXX XXXX XXXX XXXX XXXX address this matter promptly with XXXX XXXX XXXX XXXX XXXX XXXX which seems to be a company that XXXX XXXX XXXX XXXX has contracted to perform collection activities on their behalf relating to this alleged debt. I am attempting to ensure that my rights as a consumer are upheld and respected in accordance with the law.
Due to possible inaccuracies on my credit reports, I must demand that the alleged debt be proven as mine. I hereby lawfully request that the proof be in the form of a notarized statement by a person with original knowledge of the debt as it was constituted and who can testify that the alleged debt was incurred legally, was not subsequently disputed as a result of returned, faulty, or recalled consumer products, was not utilized as a profit-loss tax deduction during the period it may have been payable, and was not claimed as a loss with any insuring entity during the period it may have been payable.
Please be advised that I am not requesting verification of my contact information ; rather, I am requesting validation, i.e., competent evidence that I had some contractual obligation sans consumer protection encumbrance which incurred the original claims associated with this tradeline.
XXXXXXXX XXXX XXXXXXXX XXXX XXXX, XXXX blatant disregard of the Fair Debt Collection Practices Act, and my rights as a consumer, has caused harm to me by seriously affecting my otherwise unblemished credit rating, leading to the denial of credit, as well as causing me to be charged higher interest rates and unfavorable loan terms.
As per the FDCPA, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of any actual damage sustained by such person as a result of such failure, in addition to such additional damages as the court may allow.
You are hereby notified that XXXXXXXX XXXX XXXX XXXX XXXX, XXXX actions are detrimental to me and that this company which is representing your company may have violated various consumer protection statutes, including but not limited to the Consumer Credit Protection Act, the Fair Credit Reporting Act, and the Fair Debt Collection Practices Act.
I am extremely concerned regarding the harmful resultant consequences of the company which you have contracted and their actions. If this matter is not resolved expeditiously, I will take any and all necessary steps to protect my rights.
The alleged debt and collection activity/tradeline must be deleted from my credit files with the three major credit reporting bureaus ( XXXX, XXXX, XXXX XXXX XXXX XXXX 5 days from the receipt of this letter. Forward a letter to me via the address you have on file stating it has been removed and will not reappear on my credit reports again. I will accept nothing less.
Please be aware that if these accounts are not deleted within 5 days of receipt, I will file a formal complaint with the Federal Trade Commission, my state 's Banking and XXXX XXXX, the Consumer Financial Protection Bureau, and the Better Business Bureau.
For the purposes of 15 U.S.C. 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of yours or any company that may represent XXXX XXXX XXXX claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary.
I am writing this letter to notify you of my concerns and to assert my rights as a consumer under the FDCPA. It is imperative that any further communication regarding this alleged debt is conducted in the English language, and I kindly request that you acknowledge receipt of this letter promptly.
Please be aware that I am monitoring this situation closely and will take the necessary actions to ensure that my rights are upheld and respected in accordance with the law.
I look forward to resolving this most expeditiously, XXXX XXXX
|
| 10/18/2023 |
Yes |
- Debt collection
- Credit card debt
|
- Communication tactics
- Used obscene, profane, or other abusive language
|
|
Web |
Servicemember |
|
Reference : XXXX I have recently received the undesirable practice of telephone contact and written correspondence from your law firm which I believe states that XXXX XXXX XXXX has placed an account on my files that may be erroneous.
The telephone contact has been established via the telephone that is used at my place of employment during working hours. Your firm should know that my employer prohibits such communication.
The telephone and written correspondence by your firm, company and agents, have been made and/or delivered in XXXX. I was born in the mainland united states, I am not of Puerto Rican descent or heritage, the language that I use on an everyday basis, I am proficient in, and do business in, is the English language.
I can not be certain of what your agents are saying to me in the XXXX language. While I am not accusing or implying that I am being threatened in XXXX by your firm or its agents, I sincerely hope that I am not being threatened in XXXX
Since the written correspondence is in the XXXX language which is not my primary language, I interpret the documents to appear to be judicial documents.
The documents could be interpreted and lead me to believe that your firm is a branch of or is associated with the government as the XXXX XXXX XXXX is listed on the documentation. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX
I respectfully request that any and all communication and or correspondence with me be in the English language which is my maternal language. That correspondence is requested via U.S. Mail Service.
Your company is reporting the above referenced account as a collection account. The tradeline that I am requesting complete and thorough validation on is : XXXX, Reference : XXXX, Reference : XXXX I am writing this letter pursuant to my Federal and Puerto Rico Civil Rights.
I have been contacted by Miguel A. Maza & Associates, MAZA, and/or XXXX XXXX XXXX XXXX regarding this account ; I am treating this reporting of an unknown debt as initial contact pursuant to section 15 USC 1692 Your firm has failed to supply me a written notice within five days after the initial communication ( which is 5 days after you reported this account ) stating the following ; ( 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.
Be advised, this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( b ) that your claim is disputed and validation is requested.
809. Validation of debts [ 15 USC 1692g ] ( a ) 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 consumers 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 ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.
( c ) 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.
Puerto Rico Law Title 10 Commerce Subtitle 1, Regulation of Business Generally, Chapter 40 Debt Contracts, Subsection 961 : Delivery of copies : In every debt contract there should be given to the debtor a copy of the promissory note and any other document signed by the executing parties in said contract.
Puerto Rico Law Title 10 Commerce Subtitle 1, Regulation of Business Generally, Chapter 44 Prohibition of Practices for Collection at Debtors Workplace, Subsection 980a. Public policy : It is hereby declared as public policy of the Commonwealth of Puerto Rico that for a debt collector to make efforts to collect debts, whether by telephone, in person, or through any other means of communication, during working hours at the place of work or employment of the debtor constitutes an undesirable practice.
Puerto Rico Law Title 10 Commerce Subtitle 1, Regulation of Business Generally, Chapter 45 Collecting Agencies, Subsection 981p. Prohibited practices No collection agency shall : ( 2 ) Institute judicial proceedings against a debtor in the name of the client without having been previously authorized in writing therefor.
( 5 ) Operate under the name or in such a manner as to imply that such agency is a branch of or is associated with any department of the federal, commonwealth or municipal government, or to use any seal, insignia, envelope or other format which simulates that of any government department or agency.
( 7 ) Use or threaten to use physical violence to collect an account.
( 11 ) Intimidate the debtors by using documents which simulate in their form and appearance judicial documents.
Due to possible inaccuracies on my Credit files, I must demand that the validation I hereby lawfully request be in the form of a notarized statement by a person with original knowledge of the debt as it was constituted and who can testify that the debt was incurred legally, was not subsequently disputed as a result of returned, faulty, or recalled consumer products, was not utilized as a profit-loss tax deduction during the period it may have been payable, and was not claimed as a loss with any insuring entity during the period it may have been payable. Please be advised that I am not requesting a verification that you have my mailing address ; rather, I am requesting validation, i.e., competent evidence that I had some contractual obligation sans consumer protection encumbrance which incurred the original claims associated with this tradeline.
I am also requesting validation of the tradeline listed on my credit files in observance of my Federal Civil Rights under the Consumer Financial Protection Bureau and the CFPB Bulletin 2013-07 Date : XX/XX/2013 Subject : Prohibition of Unfair, Deceptive, or Abusive Acts or Practices in the Collection of Consumer Debts Under the Dodd-Frank Wall Street Reform and Consumer Protection Act ( Dodd- Frank Act ), all covered persons or service providers are legally required to refrain from committing unfair, deceptive, or abusive acts or practices ( collectively, UDAAPs ) in violation of the Act. The Consumer Financial Protection Bureau ( CFPB or Bureau ) is issuing this bulletin to clarify the contours of that obligation in the context of collecting consumer debts.
You are causing me pain and suffering, XXXX XXXX
|
| 05/01/2023 |
Yes |
- Debt collection
- Other debt
|
- Took or threatened to take negative or legal action
- Threatened to sue you for very old debt
|
|
Web |
|
|
I contacted on XX/XX/2023 XXXX XXXX XXXX XXXX XXXX and asked about the debt they had purchased and how I could get assistance with it XXXX On XX/XX/2023 they replied to my email and gave me their collection agency contact information Miguel A. Maza & Associates. I was asked to contact them and that they would be able to help with the payment plans.
I contacted Miguel A. Maza & Associates on the XXXX of XX/XX/2023 and explained my situation to the person who answered the phone once I finished I was transferred to XXXX XXXX himself, this unethical lawyer after I explained that, that account happened right as the COVID-19 pandemic started and that on multiple occasions I tried to communicate with the company and explained that I was now unemployed due to COVID-19 pandemic but never got a response, I even tried calling but again never get a call back. I also asked him if we could work out a payment plan because I am still unemployed and basically get money off side works that I do therefore I couldn't pay the full amount in one payment. He proceeded to tell me that they dont offer payment plans nor settlements or any type of agreements. He told me to go get a job and that I was going to be sued for everything I have if I dont pay him the XXXX. This lawyer also told me that even if they did payment plan he wouldn't offer one to me because I couldn't pay it. He told me that Puerto Rico has plenty of jobs and that I need to get one.
I am requesting a formal investigation because this is completely unacceptable from the start when I tried to get help from XXXX XXXX when XXXX first started to now where Miguel A. Maza & Associates refuse to help me pay off this debt and get it off my credit report but instead threaten to sue and take everything I own
|
| 03/24/2021 |
Yes |
- Debt collection
- Private student loan debt
|
- Communication tactics
- Frequent or repeated calls
|
|
Phone |
|
|
|
| 02/01/2021 |
Yes |
- Debt collection
- Credit card debt
|
- Written notification about debt
- Didn't receive notice of right to dispute
|
|
Web |
|
|
|
| 03/16/2016 |
No |
- Debt collection
- Payday loan
|
- Taking/threatening an illegal action
- Threatened to sue on too old debt
|
|
Web |
|
|
|
| 03/07/2016 |
No |
- Debt collection
- Payday loan
|
- Taking/threatening an illegal action
- Attempted to/Collected exempt funds
|
|
Web |
|
|
|