| 09/12/2023 |
Yes |
- Debt collection
- Credit card debt
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- 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, Florida. XXXX
XXXX XXXX, XXXX
RAS LaVrar, LLC
XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Florida XXXX
Reference # XXXX & XXXX dated XXXX XXXX XXXX & XXXX Received on XXXX XXXX, XXXX
Dear Debt Collector:
It was a bright cold day in XXXX, and the clocks were striking XXXX, XXXX XXXX, XXXX at XXXX (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 # XXXX, wrote the above OPENING LINE at Page 1 by quoting the famous opening line of XXXX XXXX XXXX XXXX XXXX, the book that introduced the world to the concept of BIG BROTHER. 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 XXXXXXXX. The XXXX XXXX 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 XXXX world of BIG BROTHER, the clocks striking XXXX 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 XXXX 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 XXXX 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 XXXX Citizen on Social Security with a XXXX (XXXX) 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 XXXX XXXX dated XXXX XXXX XXXX and XXXXXXXX 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 XXXX on XXXX based on my XXXX XXXX credit report due to XXXX, XXXX, XXXX, 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 XXXX for a sinister purpose. BIG BROTHER 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 XXXX XXXX, I was a victim of Identity Theft when scammers wiped out my checking account funds due to my bank breach and bank error when multiple debit card numbers were submitted and approved by possible random guessing without my card expiration date, 3 digit security code, Name, address, or other required data to process a transaction. I never used the debit card and my debit card was safely locked away and under my exclusive control at all times. After multiple calls and secure messages to my bank, I filed a complaint with the CFPB and the bank still has not discovered how the breach and fraud happened. If a random guess at a debit card can wipe out my checking account, it would be easier to guess at bank credit card numbers in a debt collector scam warned by the CFPB. Are you a SCAMMER victimizing me with IDENTITY THEFT? Are you trying to SCAM an XXXX XXXX citizen? I need AFFIDAVITS with the requested proof. I need the requested proof! I will not get scammed again. I trust NOONE, even ROBO attorneys. Get your ducks in a row!!! I would not be happy if I am forced to file a U.S. District Court action only to be faced with a Motion To Compel Arbitration due to concealment of agreement documents. Any such frivolous conduct would be rightfully countered with my Motion for Summary Judgment and a temporary restraining order request to punish violators for willful FCRA violations and other statutes, further claiming a WAIVER was created by concealment. If warranted, I will have no problem also naming the CFPB and its Director, XXXX XXXX, 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 XXXX male and XXXX XXXX XXXXXXXX in poor health and judgment proof and all my income is from EXEMPT sources such as federal Social Security benefits with my average balance in my social security account is below my monthly SS deposit and never more than 2 times my monthly deposit. I simply have no assets or income which anyone can attach from pointless, abusive or frivolous litigation intended merely to harass and abuse me. Moreover, last year I have been affected by medical malpractice, COVID-19, a declared natural disaster by a direct hit by Hurricane Ian, illnesses and other medical matters all at the same time. Plus, as stated ago, my checking account was wiped out by fraudsters. Moreover, I discovered that my credit file reported false delinquencies even though I actually had a perfect credit payment record and such concealments reduced my credit score by XXXX points totally destroying my credit. Everything bad happened to me all at once starting with medical malpractice, health issues and SCAMMERS and then by Hurricane IAN and then by creditors promising publicized payment deferrals yet then falsely reporting delinquencies. My credit reports are inaccurate and incomplete as the required coding for my situation is not on my credit report for any listed account. How hard is it to insert the XXXX XXXX code AW into every account? Do you even know what AW means? However, I am ready, willing and able to litigate and defend any frivolous litigation or arbitration including seeking relief from the U.S. Court of Appeals for any appealable order including the delay or denial of injunctive relief requests. I shall also insist on compliance with federal Rule 11 and motions for Rule 11 violations shall be filed promptly after the expiration of applicable safe harbor periods for incurred violations. Moreover, if I live long enough, I am prepared to seek personal XXXX 7 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 $XXXX to gain nothing? Do you think you can avoid my XXXX XXXX requests and information subpoenas? Do you want the CFPB to come after you when you violate your obligations?
Again, I am responding to your contact about a purported debt you are attempting to collect which, as stated multiple times, I DISPUTE in its entirety.
Again, please STOP all direct and indirect communication of any kind with me and with this address about this purported debt except to respond to me in writing regarding my requested documents by delivering me requested documents. Furthermore, due to hearing problems and issues, I am unable to receive phone calls so I am unable to discuss any matter over the phone or otherwise under any scenario. Just STOP all communications! The Telephone Consumer Protection Act (TCPA) restricts calls to residential and wireless telephone numbers absent the prior express consent of the called party. I do not want any calls or direct or indirect communications of any kind whatsoever to be made to me in the future. I do not consent to receiving any calls made to me in the future and any calls received by me after you receive this letter shall be considered willful violations of the TCPA for which maximum possible penalties shall become automatically and immediately due and owing to me by violators without notice.
Again, record and prominently FLAG in your records that I forever DISPUTE having any obligation for this purported debt. Again, if you forward or return this purported debt to another company, please indicate to them that it is DISPUTED. If you report it to a credit bureau (or have already done so), also immediately report that the purported debt is DISPUTED. Once I notify a CRA and/or Furnisher and/or Debt Collector that I DISPUTE data (such as this dispute) my credit report MUST INDEFINITELY include the required PERMANENT Notice that the account is DISPUTED BY CONSUMER even if the CRA/Furnisher/Debt Collector disagrees. If my credit report from any CRA has at any time in the past (or in the future) included an account related to your purported disputed debt without the required DISPUTED status, then such FCRA violation shall be considered a Willful, wanton, malicious, deliberate, abusive and intentional violation for which the maximum statutory damages of $XXXX shall be sought against every violator, plus punitive damages. XXXX XXXX is quite complex and impossible to comply with so the best procedure of reporting is to never report at all and to never change, delete, update or alter dispute status as such will almost certainly result in manual negligent incompetent user errors for which damages will accumulate quickly to entirely offset purported debts. While some untrained incompetent employees may willfully violate the FCRA to purposely destroy a consumers credit score in hope to collect purported disputed debts under duress, I demand compliance with the FCRA, FDCPA and every other statute. In my opinion, Furnishers/Debt Collectors are best served by permanently DELETING from credit files Disputed/Uncollectible accounts to mitigate damages from Furnisher/user errors and willful unlawful conduct. Every interaction with a creditor, a CRA and/or debt collector constitutes an opportunity for me to obtain statutory, punitive and other damages, including attorney fees, when laws are broken for willful and negligent non-compliance with known statutory requirements and protocols. The best possible settlement obtainable would be to walk away and abandon any and all disputed purported uncollectible claims otherwise I will be one your creditors with exponentially increasing claims after you continue to violate my rights. I never agreed to permit anyone to report inaccurate or incomplete information of any kind on my credit report. I have never been offered my statutory right to OPT-IN or OPT-OUT of credit reporting to protect my right to privacy to prevent FCRA violations. I hereby unconditionally and unilaterally REVOKE and terminate for CAUSE any imaginable right to report data of any kind on any of my credit files with any CRA. Obligations under the FCRA, FDCPA and other debt collection and reporting statutes TRUMP any purported creditor claims so compliance of every statutes is a precondition to collect and report any purported claims. If you want to do business with consumers, you must first learn how to comply with extensive ever changing obligations, including XXXX XXXX, which is impossible to accurately report even by a specialist due to arbitrary and confusing possibilities. Stated another way, an original credit card purported creditor is not entitled to collect claims unless and until all its obligations have been satisfactorily completed without violations of any law. You should be careful to comply with mandatory statutory imposed record retention requirements to enable the CFPB to administer and carry out the purposes of the FCRA, FDCPA, the Dodd-Frank Act, as well as to prevent evasions thereof. The record retention requirements also will facilitate supervision of debt collectors and the assessment and detection of risks to consumers. The CFPB has published a comprehensive checklist to audit and insure compliance with regulatory obligations. I suggest you review the checklist to insure compliance before responding to me. You should know that as soon as Hurricane IAN hit me directly and my health was affected by XXXX and other health issues with other issues plus a wipe out of my checking account, I diligently contacted every creditor seeking publicized payment deferrals and other relief only to be effectively denied relief by incompetence. The general creditor response was to retaliate against me for merely asking for relief by inaccurately reporting every account inaccurately. No one knows how to code XXXX XXXX except for simple payment reporting but when things get changed errors are everywhere, either negligently or willfully. If I made 100% of my payments and if I was never late how could credit reporting agencies say I was 60 days delinquent? More importantly, I discovered that each CRA provided me with conflicting data on my paper reports and my paper reports did not contain all the data reported to CRAs under XXXX XXXX. Why is data reported on XXXX XXXX but concealed from my paper credit reports? Why do my paper credit reports only contain a small portion of data reported by XXXX XXXX and contained in my credit file? How can I properly dispute my credit file if 50% of the data in my CRA file is concealed from consumers? How can I discover inaccurate data on my credit file if 50% of data is concealed from me and excluded from my paper credit reports? The entire credit reporting system is a disgrace in complete disregard for consumers rights and rights to privacy. Every communication with a creditor seemed to result in negligent data entry errors by users. Furnishers are incapable of complying with statutory obligations and the XXXX XXXX system. Again, I need every document, including every XXXX XXXX submission, submitted to every CRA to compare my numerous paper reports with data in my credit files reported via XXXX XXXX Moreover, many of the XXXX XXXX data fields are reported blank forcing fraudulent submission overrides rather than blocking incomplete or conflicting data. Even when errors are discovered and acknowledge by top senior bank officials in charge of USA credit cards, nobody knows how to correct inaccurate reporting even after reporting ETHICAL misconduct to the bank Chairman of the Board. One bank even hires incompetent High School Graduates to handle CFPB disputes without any knowledge of the FCRA or XXXX XXXX protocols and obligations. I subscribe to a variety of services so I see daily changes to my credit files so I see the daily mistakes of credit reporting by erroneous coding under XXXX XXXX. Many Many Many times I see a DISPUTE ADDED one day and then fraudulently and inaccurately REMOVED the next day. Everyone knows that Debt Collectors try not to report Disputes, even though required, as a dispute may not negatively affect a credit score which may hinder chances to force consumers to pay even fraudulent disputed claims as consumers generally want good scores. Well, the system tanked my scores needlessly! Is your Debt Collector commission of peanuts worth $XXXX+ in attorney fees and punitive damages? Do you want to risk the CFPB coming after you demanding $XXXX+? Do you want to lose clients and be put out of business by the CFPB? I object to having accounts reported on my credit reports as reporting is unconscionable!
While your letter fails to disclose what I consider a complete mandatory inclusion of the statutes set forth at the beginning for consumers rights regarding Debt Validation, I am responding even though the failure to respond would not have consequences in litigation. The CFPB and others suggest some of below type of questions for Debt collectors to respond to. I like to purposely repeat points so that there can be no misunderstanding about what I am writing about and requesting.
Please supply the information below so that I can be fully informed:
Why you think I owe the purported debt and to whom I owe it, including:
The name and address of the creditor to whom the purported debt is currently allegedly owed, the complete account number used by that creditor and the previously issued account numbers, if any, the complete account number reported to every CRA for current and past account numbers and the detailed amount allegedly owed since inception including amounts and all data reported to every CRA. Please note that there is no reason to NOT report a complete account number in letters and credit files especially when an account has been closed to future transactions especially if consumers have ZERO liability for unauthorized activity, especially after closure. If an account has been closed or an account number has changed in the last 7 years, please send documentary proof of the dates of closure and/or account number change and the dates reported of the mandatory mid-cycle update to every CRA to ascertain whether the mandatory XXXX XXXX protocols have been compliant or violated.
If this purported debt started with a different creditor, provide the name and address of the original creditor, the entire account number used by that creditor, and the detailed amount owed to that creditor at the time it was transferred. When you identify the original creditor, please provide any other name by which I might know them, if that is different from the official name. In addition, tell me the exact date and complete terms of the relationship when the current creditor and/or debt collector obtained the purported debt and who the current creditor obtained it from.
Provide verification and documentation that there is a valid basis for claiming that I am required to pay the purported debt to the current creditor. For example, can you provide a copy of the written agreement that created my original requirement to pay? Again, I need to know about any ARBITRATION provision buried into any original or amended agreements as I cannot rely on the search results of the CFPB or other websites. I also need any purported contract provision that authorized the reporting to a CRA (if it exists) which I hereby revoke as invalid ab initio if any data was inaccurately reported to any CRA, either willfully or otherwise. Reporting to a CRA must be 100% accurate otherwise DELETION is mandatory. Inaccurate credit reporting, standing alone, is unconditional grounds to bar future credit reporting at the request of a consumer to guarantee the consumers right to privacy. I object to credit reporting of all my closed and disputed accounts due to willful violations of the FCRA and other statutes.
If you are asking that I pay a purported debt that somebody else is or was required to pay, (such as an insurance company through a credit card benefit) identify that person or entity. Provide verification and documentation about why this is a purported debt that I am required to pay.
The amount and age of the purported debt, including:
A copy of the every billing statement sent to me by the purported original creditor since inception.
State the required Date of First Delinquency (month/day/year) with the detailed amount of the purported debt when you obtained it, and when that was.
If there have been any additional interest, fees or charges added since the last billing statement from the purported original creditor, provide an itemization showing the dates and amount of each added amount. In addition, explain how the added interest, fees or other charges are expressly authorized by the agreement creating the debt or are permitted by law. If my purported account has been closed, state the date closed, and every change of interest rate thereafter including rate justification after closing. If my purported account involves any CFPB claims and disputes for statutory or other damages for willful FCRA or other disputes, please identify precisely offsets of claims in statements and balances reported to every CRA.
If there have been any payments or other reductions since the last billing statement from the original creditor, provide an itemization showing the dates and amount of each of them.
If there have been any other changes or adjustments since the last billing statement from the original creditor, please provide full verification and documentation of the amount you are trying to collect. Explain how that amount was calculated. In addition, explain how the other changes or adjustments are expressly authorized by the agreement creating the debt or permitted by law.
Tell me when the creditor claims this debt became due and when it became delinquent.
Identify the date of the last payment and amount made on this account.
Have you made a determination that this debt is within the statute of limitations applicable to it? Tell me when you think the statute of limitations expires for this debt, and how you determined that.
Details a
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| 05/03/2023 |
No |
- 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
XXXX XXXX XXXX XXXX XXXX XXXX XXXX Florida. XXXXXX/XX/2023
RAS LaVrar, LLC
XX/XX/FL XXXX
Your Reference XXXX XXXX
Dear Debt Collector:
Here's the relevant section of the FDCPA, 15 U.S.C. 1692g, on debt validation, for your response, prohibitions and obligations:
809. Validation of debts
(a) Notice of debt; contents
Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
(b) Disputed debts
If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer's right to dispute the debt or request the name and address of the original creditor.
(c) Admission of liability
The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.
I am responding to your attached letter(s) about a purported debt as set forth in your attached letter(s). I request that you mail me a written Validation of Debt which must include all of the proof and documents described at length below. I vigorously DISPUTE the purported debt in its entirety. This is NOT my Debt and I DISPUTE it. I want you to send me by XXXX 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 XXXX 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 XXXX 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 XXXX, 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 XXXX 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 XXXX 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 XXXX 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 Metro 2 Compliance protocols. I insist on compliance with every applicable state and federal statutes, including but not limited to the FCRA and FDCPA. Any willful past, current or future violations of credit reporting and collection procedures shall incur maximum statutory and punitive damages plus attorneys fees and costs against violators, personally or otherwise. I have reviewed my entire credit reports of XXXX XXXX dated XX/XX/2023 and XXXX datedXX/XX/2023 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 Metro 2 compliance protocols contained in its 355+ page manual. Accurate account number reporting of accounts is required under Metro 2 to prevent purported accounts from being inaccurately reported twice (or more) instead of once otherwise additional willful FCRA violations and statutory damages shall accrue. Since my XXXX and XXXX credit reports do not contain your referenced account number, I must consider that it involves identity theft for which your obligations must be followed exactly as required. I have never received any Notice from anyone stating that you are a bona fide authorized agent for Debt collection purposes. So consider this letter a formal Notice that I DISPUTE the purported debt due to IDENTITY THEFT. Moreover, I need to know your opinion and representation as to whether the documents which I need and request will include an ARBITRATION clause which would require disputes to be resolved through ARBITRATION rather than a United States District Court individual or class action lawsuit. While I believe credit card accounts with your purported client may contain MANDATORY ARBITRATION clauses, I cannot be sure without all the purported agreement documents and a binding representation. The CFPB has warned consumers to be on the lookout for Identity Theft and bill/debt collector SCAMMERS falsely claiming entitlement to amounts not owed. I obviously need the documents requested and I will continue to consider this a matter of IDENTITY THEFT unless and until I receive an AFFIDAVIT from the purported original creditor providing me all the requested documents. In XXXX XXXX I was a victim of Identity Theft when scammers wiped out my checking account funds due to my bank breach and bank error when multiple debit card numbers were submitted and approved by possible random guessing without my card expiration date, 3 digit security code, Name, address, or other required data to process a transaction. I never used the debit card and my debit card was safely locked away and under my exclusive control at all times. After multiple calls and secure messages to my bank, I filed a complaint with the CFPB and the bank still has not discovered how the breach and fraud happened. If a random guess at a debit card can wipe out my checking account, it would be easier to guess at bank credit card numbers in a debt collector scam warned by the CFPB. Are you a SCAMMER victimizing me with IDENTITY THEFT? Are you trying to SCAM an 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 XXXX 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 XXXX XXXXXXXX and American 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 abuse me. Moreover, last year I have been affected by medical malpractice, COVID-19, a declared natural disaster by a direct hit by Hurricane Ian, illnesses and other medical matters all at the same time. Plus, as stated ago, my checking account was wiped out by fraudsters. Moreover, I discovered that my credit file reported false delinquencies even though I actually had a perfect credit payment record and such concealments reduced my credit score by XXXX XXXX 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 Metro 2 code XXXX into every account? Do you even know what XXXX 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 XXXXXXXX to gain nothing? Do you think you can avoid my XXXX XXXX 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 XXXXXXXX shall be sought against every violator, plus punitive damages. Metro 2 is quite complex and impossible to comply with so the best procedure of reporting is to never report at all and to never change, delete, update or alter dispute status as such will almost certainly result in manual negligent incompetent user errors for which damages will accumulate quickly to entirely offset purported debts. While some untrained incompetent employees may willfully violate the FCRA to purposely destroy a consumers credit score in hope to collect purported disputed debts under duress, I demand compliance with the FCRA, FDCPA and every other statute. In my opinion, Furnishers/Debt Collectors are best served by permanently DELETING from credit files Disputed/Uncollectible accounts to mitigate damages from Furnisher/user errors and willful unlawful conduct. Every interaction with a creditor, a CRA and/or debt collector constitutes an opportunity for me to obtain statutory, punitive and other damages, including attorney fees, when laws are broken for willful and negligent non-compliance with known statutory requirements and protocols. The best possible settlement obtainable would be to walk away and abandon any and all disputed purported uncollectible claims otherwise I will be one your creditors with exponentially increasing claims after you continue to violate my rights. I never agreed to permit anyone to report inaccurate or incomplete information of any kind on my credit report. I have never been offered my statutory right to OPT-IN or OPT-OUT of credit reporting to protect my right to privacy to prevent FCRA violations. I hereby unconditionally and unilaterally REVOKE and terminate for CAUSE any imaginable right to report data of any kind on any of my credit files with any CRA. Obligations under the FCRA, FDCPA and other debt collection and reporting statutes TRUMP any purported creditor claims so compliance of every statutes is a precondition to collect and report any purported claims. If you want to do business with consumers, you must first learn how to comply with extensive ever changing obligations, including Metro 2, 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 COVID-19 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 Metro 2 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 Metro 2. Why is data reported on Metro 2 but concealed from my paper credit reports? Why do my paper credit reports only contain a small portion of data reported by Metro 2 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 Metro 2 system. Again, I need every document, including every Metro 2 submission, submitted to every CRA to compare my numerous paper reports with data in my credit files reported via Metro 2. Moreover, many of the Metro 2 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 Metro 2 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 Metro 2. 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 Metro 2 protocols have been compliant or violated. If this purported debt started with a different creditor, provide the name and address of the original creditor, the entire account number used by that creditor, and the detailed amount owed to that creditor at the time it was transferred. When you identify the original creditor, please provide any other name by which I might know them, if that is different from the official name. In addition, tell me the exact date and complete terms of the relationship when the current creditor and/or debt collector obtained the purported debt and who the current creditor obtained it from.
Provide verification and documentation that there is a valid basis for claiming that I am required to pay the purported debt to the current creditor. For example, can you provide a copy of the written agreement that created my original requirement to pay? Again, I need to know about any ARBITRATION provision buried into any original or amended agreements as I cannot rely on the search results of the CFPB or other websites. I also need any purported contract provision that authorized the reporting to a CRA (if it exists) which I hereby revoke as invalid ab initio if any data was inaccurately reported to any CRA, either willfully or otherwise. Reporting to a CRA must be 100% accurate otherwise DELETION is mandatory. Inaccurate credit reporting, standing alone, is unconditional grounds to bar future credit reporting at the request of a consumer to guarantee the consumers right to privacy. I object to credit reporting of all my closed and disputed accounts due to willful violations of the FCRA and other statutes.
If you are asking that I pay a purported debt that somebody else is or was required to pay, (such as an insurance company through a credit card benefit) identify that person or entity. Provide verification and documentation about why this is a purported debt that I am required to pay.
The amount and age of the purported debt, including:
A copy of the every billing statement sent to me by the purported original creditor since inception.
State the required Date of First Delinquency (month/day/year) with the detailed amount of the purported debt when you obtained it, and when that was.
If there have been any additional interest, fees or charges added since the last billing statement from the purported original creditor, provide an itemization showing the dates and amount of each added amount. In addition, explain how the added interest, fees or other charges are expressly authorized by the agreement creating the debt or are permitted by law. If my purported account has been closed, state the date closed, and every change of interest rate thereafter including rate justification after closing. If my purported account involves any CFPB claims and disputes for statutory or other damages for willful FCRA or other disputes, please identify precisely offsets of claims in statements and balances reported to every CRA.
If there have been any payments or other reductions since the last billing statement from the original creditor, provide an itemization showing the dates and amount of each of them.
If there have been any other changes or adjustments since the last billing statement from the original creditor, please provide full verification and documentation of the amount you are trying to collect. Explain how that amount was calculated. In addition, explain how the other changes or adjustments are expressly authorized by the agreement creating the debt or permitted by law.
Tell me when the creditor claims this debt became due and when it became delinquent.
Identify the date of the last payment and amount made on this account.
Have you made a determination that this debt is within the statute of limitations applicable to it? Tell me when you think the statute of limitations expires for this debt, and how you determined that.
Details about your authority to collect this debt.
I would like more information about your firm before I discuss (in writing, of course) the debt with you. Does your firm have a debt collection license from my state? If not, say why not. If so, provide the date of the license, the name and previous names on the license, the license number, the valid status of the license and the name, address and telephone number of the state agency issuing the license. Also provide me with any name currently and previously included as a debt collector for making CFPB complaints on its website.
If you are contacting me from a place outside my state, does your firm have a debt collection license from that place? If so, provide the date of the license, the name on the license, the license number, and the name, address and telephone number of the state agency issuing the license.
I have asked for this information because I have some questions. I need to hear from you in writing with all documentation requested herein to make an informed decision about your claim that I owe this money. I expect a one time written communication for this purpose but only in writing provided you fully address each and every item of requested data I seek. In order to make sure that I am not put at any disadvantage, in the meantime please treat this purported debt as being in dispute in its entirety. Nothing contained in my letter should be construed in any way as an admission of any responsibility whatsoever for the purported claim. Failure to respond in writing controverting my allegations and points shall be deemed your admission by your non response and all conflicts shall be resolved in my favor.
In addition to providing the information requested above, please let me know whether you are prepared to pay me for statutory and punitive damages in an amount not less than the balance you are claiming is owed. If so, please tell me in writing your offer with the amount you will pay me to fully resolve the account with an exchange of mutual general releases which, of course, would require permanent deletion from every CRA file of any reported data, if any.
In addition to the Federal Fair Debt Collection Practices Act, the Florida Consumer Collection Practices Act prohibits harassment, false or misleading statements and unfair practices by collection agencies and debt collectors. Some violations of these acts are listed below:
1. They threaten to tell your employer or neighbors about the debt;
2. Threaten violence against you;
3. Threaten to have you arrested;
4. Communicate with you or your spouse more than three times a week;
5. Harass, intimidate, threaten or embarrass you;
6. Imply that documents sent to you are legal documents or government
documents;
7. Imply that you can be deported; or
8. Solicit a postdated check in order to threaten criminal prosecution.
The CFPB and advocates recommend consumers to also check to see if their state licenses debt collectors and if the company that is contacting them is licensed. If a state does not license debt collectors, check the registry for a neighboring state. Some states also provide licensing information to the 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
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| 09/12/2023 |
Yes |
- Debt collection
- Credit card debt
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- Attempts to collect debt not owed
- Debt is not yours
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Web |
Older American |
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Part 2 of 2 XXXX XXXX & XXXX reference XXXX & XXXX. Received on XX/XX/XXXX.
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 ; XXXX. Threaten XXXX against you ; XXXX. 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 XXXXollectors 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 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 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 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 XXXXimitations 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 XXXX 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 XXXX of the XXXX 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 , Fourth Circuit wrote : On XX/XX/XXXX, XXXXaunders brought this suit, alleging that XXXX XXXX XXXX violated its duties as a furnisher of information under FCRA XXXX 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 Saunders 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 2 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 XXXXenator Elizabeth Warren to continue to partner with CFPB Director Rohit Chopra, 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 XXXX and XXXX 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 XXXX senior citizens who only seek to live the final few years of their life in peace without elder abuse! Provide cardmember agreements for both account agreement with last 15 months of billing statements for both accounts
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| 06/05/2023 |
Yes |
- Debt collection
- Credit card debt
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- Attempts to collect debt not owed
- Debt is not yours
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|
Web |
Older American |
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This is part XXXX of XXXX of a continuation of a complaint against Debt Collector RAS LaVrar , LLC.
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 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 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 XXXX 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. 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 ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX IXXXX XXXX XXXX XXXX XXXX XXXX tXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX wrote : 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 Saunders 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.
XXXX. 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 BOTS, PARROTS, and XXXX 2 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 Senator XXXX XXXX to continue to partner with CFPB Director XXXX XXXX, to lay down the hammer on violators and individual Officers who continue to screw 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 XXXX 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 XXXXXXXX XXXX XXXX who only seek to live the final few years of their life in peace without XXXX abuse!
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| 09/12/2023 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt is not yours
|
|
Web |
Older American |
|
Part 2 of 2. Files XXXX & XXXX XXXX XXXX & XXXX. 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 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 April 28, 2023 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, XXXX XXXX at XXXX. 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 , Fourth Circuit wrote : 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 XXXX statutory duties as a furnisher of information. The trial court also instructed the jury that it could find XXXXXXXX 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 BOTS, PARROTS, and XXXX 2 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 Senator 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 XXXX 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 XXXX citizens who only seek to live the final few years of their life in peace without XXXX abuse!
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| 05/04/2023 |
No |
- Debt collection
- Credit card debt
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- Attempts to collect debt not owed
- Debt is not yours
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Web |
Older American |
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This is part 2 of 2 of a continuation of a Complaint against Debt Collector RAS LaVrar , LLC.
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 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 April 28, 2023 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. 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 XXXX XXXX XXXX XXXX XXXX XXXX the United States Court of Appeals XXXX Fourth Circuit wrote : 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 's statutory duties as a furnisher of information. The trial court also instructed the jury that it could find XXXXXXXX XXXX XXXX had violated FCRA by failing to report the ongoing dispute After deliberation, the jury returned a verdict finding that XXXXXXXX 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 BOTS, PARROTS, and XXXX 2 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 disabled senior citizens who only seek to live the final few years of their life in peace without elder abuse!
|
| 10/20/2023 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt is not yours
|
|
Web |
Older American |
|
RAS LaVrar XXXX XXXX Re : your attached letter dated XX/XX/XXXX, XXXX : XXXX XXXX, XXXX. XXXX XXXX file numbers including XXXX, XXXX, and XXXX : XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Florida XXXX -dated : XX/XX/XXXX - Notice of the status of 4 active and pending XXXX XXXX cases XXXX / XXXX / XXXX / XXXX regarding the attached XX/XX/XXXXXXXX served Consumer Demand for Arbitration of 4 separate consumer 30+ page demands for arbitration with the XXXX in cases styled XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. XXXX XXXX XXXX for XXXX credit cards ending in XXXX, XXXX, XXXX and XXXX. My demands were file stamped by XXXX as received on XX/XX/XXXX. XXXX has assigned separate case numbers for each XXXX credit card account as set forth in my attachments. Pursuant to attachments, based on my papers and dates received, XXXX set various deadlines for XXXX to respond and Answer to each of my separate claims further acknowledging that The Consumer has met the filing requirements regarding their filing fee ( in each of the 4 cases ). In 2 of the cases the deadline has expired. The Business has paid {$0.00}. {$600.00} is now due from the Business ( for each of the 4 cases ). Your previous letter references my request for arbitration and included a blank form to file arbitration demands to XXXX. As you know, I have been demanding for about a year that disputes be resolved in arbitration pursuant to XXXX Arbitration provisions requiring XXXX to arbitrate as its sole dispute resolution remedy. I finally filed my own XXXX consumer demands on XX/XX/XXXX when it became evident that XXXX would not file its claims with XXXX as required. XXXX should promptly pay the required {$2400.00} or {$600.00} for each of the 4 cases plus the huge arbitrator fees for IN/PERSON hearings demanded in XXXX to avoid issues. Moreover, XXXX is limited to filing counterclaims with XXXX and paying additional XXXX filing fees for counterclaims. Since XXXX legal department has been dealing with my 4 XXXX assigned cases with its assignment of counsel, I have previously deleted exact sensitive XXXX case filing numbers to maintain confidentially and prevent communication with XXXX except by counsel selected by XXXX legal department. I interpret your including a blank XXXX form to file for arbitration as an acknowledgment that litigation is prohibited once I have demanded and/or chosen or elected to arbitrate or formally filed with XXXX. Any attempts to litigate will be impossible, frivolous and fruitless and result in years of court of appeals filings which will certainly ultimately compel arbitration. Since XXXX is now actively proceeding with the 4 XXXX cases, I am now able to provide you with updated status of case numbers and XXXX contacts. I trust that you will let XXXX deal with the XXXX 4 cases without muddying the waters with your involvement or interference. While XXXX should have but most likely did not advise you of my 4 XXXX cases, I feel obligated as a courtesy to disclose the 4 XXXX filings to you to cut off any defenses if inappropriate action, including filing and serving any court case, is taken after knowing the existence of XXXX cases. Any inappropriate action by XXXX and its counsel or agents will be brought to the attention of every XXXX arbitrator so it is best to step aside and let the arbitrator decide disputes without making matters worse. I hope you will understand and let the arbitration process proceed without complications and interference. Anyway, thanks for your letter and I hope your client can wake up and try to settle disputes before huge attorneys fees and XXXX and Arbitrator fees accrue. I strongly suggest that you advise your client in detail in writing about the existence of the 4 active XXXX cases advising them of the horrible consequences to your client and your law firm if litigation is commenced after the filing of active known XXXX cases. Force your client to instruct you in writing what it wants to do while knowing the consequences. I do not completely understand what you state or imply in your attached XX/XX/XXXXXXXX letter but if you intended to imply that you may, will or intend to file and serve a lawsuit against me for any of the 4 XXXX accounts, after knowing about my 4 XXXX active cases effectively deemed file XX/XX/XXXX, I will have no other choice but to file a lengthy written complaint with the Florida Bar for obvious ethical and deliberate violations. Further, I never received copies of XXXX XXXX agreements despite repeated requests to you. Are you trying to conceal their existence for a sinister purpose? Kindly provide me Cardmember Agreements which will include the Arbitration provisions. More importantly, I have repeatedly demanded all data reported by XXXX to every credit reporting agency, including communications with such agencies, so that I can compare data to my 50+ paper credit reports and other reports of data additions, removals, deletions or changes. I need you to promptly provide me by USPS mail with paper copies of every data entry and communication to and from every credit reporting agency for the last 24 months for every one of my 4 XXXX accounts. If XXXX continues to conceal credit report data, the 4 XXXX Arbitrators, charging XXXX $ XXXX a hour, will get involved with avoidable exchange of information ( XXXX ) disputes, which will not help XXXX defense and only result in excessive Arbitrator fees by classifying the cases as extremely complex. Finally, I request that you look at XXXX account XXXX XXXX from XX/XX/XXXXXXXX to XX/XX/XXXX, for the multiple billing disputes of about $ XXXX regarding XXXX which were resolved in my favor by XX/XX/XXXX. XXXX was falsely reporting inaccurate data that was known to be disputed and was actually determined to be inaccurate based on my dispute ruled in my favor. Similarly, I have $ XXXX in disputed for XXXX acct XXXX XXXXXXXX for failure to pay my insurance claim regarding XXXX XXXX hotel/airline charges. You can and should investigate and report why I have not received credit. Why spend 20 extra XXXX Arbitrator hours at $ XXXX an hour to avoid paying my bona fide {$2000.00} insurance claim? Come into arbitration with Clean Hands!!! Your client should have discontinued credit reporting over a year ago after XXXX XXXX disputes were lodged but it got itself into what has become a huge problem for XXXX. You really need to have a XXXX conversation with your client as disputes may never end. XXXX is aware that I demand 4 separate arbitrators and 4 separate XXXX law firms to maintain the required confidentiality and other considerations of proceedings. Obviously, arbitration will be a long expensive process!!!! I am in poor health with no assets and all my income, such as Social Security, is exempt in an out of state entity and not subject to garnishment. XXXX is wasting its shareholder resources for no possible reason except to harass. Sincerely, XXXX XXXX XX/XX/XXXXXXXX XXXX
|
| 07/10/2018 |
No |
- Debt collection
- Credit card debt
|
- False statements or representation
- Attempted to collect wrong amount
|
|
Web |
Older American |
|
Complaint filed on-line with CFPB XX/XX/XXXX I would appreciate if you can expedite this complaint because the company has filed suit against me in court.
This complaint is against RAS Lavar LLC, XXXX XXXX XXXX XXXX , XXXX XXXX, XXXX FL XXXX, Phone XXXX.
After falling behind in payments on my XXXX XXXX store credit card, my account was transferred to XXXX XXXX XXXX XXXX, a self-described " debt collector, '' for collection. See XXXX XXXX PA letter, dated XX/XX/XXXX ( Atch 1 ).
I made monthly payments to XXXX from XX/XX/XXXX through XX/XX/XXXX, then I received a letter from RAS LaVrar , LLC, stating that my account had been transferred to that office. The RAS letter stated it was from a " debt collector '' ( Atch 2 ).
I was concerned about statements in the RAS letter, including consideration of my past payments, and responded by letter dated XX/XX/XXXX ( Atch 3 ), expressing my concerns. Receiving no response, I followed up with letter dated XX/XX/XXXX ( Atch 4 ), sent by certified mail, asking for status on their response to my XX/XX/XXXX letter.
I received a letter from RAS datedXX/XX/XXXX ( Atch 5 ), acknowledging my dispute but it did not respond to my concerns expressed in my XX/XX/XXXX letter, including documents to verify the amount RAS said I owed. As " verification '' of the amount due on my account, in their letter of XX/XX/XXXX, RAS sent copies of old XXXX XXXX bills from XX/XX/XXXX through XX/XX/XXXX, but no documentation of the payments ( Atch 6 - sampling of prior payments ) I had made to the previous debt collector, which I specifically requested in my XX/XX/XXXX letter. This response was a clear signal that RAS was not giving me credit for my payments to the previous debt collector.
On XX/XX/XXXX, I sent another letter asking for response to my XX/XX/XXXX letter ( Atch 7 ). RAS responded by letter dated XX/XX/XXXX ( Atch 8 ), again ignoring my concerns addressed in my XX/XX/XXXX letter, but simply reiterating their claim that the old XXXX XXXX bills was verification of the debt ; still not recognizing the payments I had made to the previous collector.
Immediately thereafter, on XX/XX/XXXX, a process server delivered a fraudulent suit against me that RAS had filed XX/XX/XXXX, with no prior warning ( Atch 9 ). Attached to the filing were the same old XXXX XXXX bills, but no reference to the payments I made to the previous collector.
Provisions of the Fair Debt Collection Practices Act ( FDCPA ) that I believe RAS violated : I -- 806. Harassment or abuse A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt.
I believe RAS filing the suit against me when I am clearing questioning the verification of the amount owed is harassment and abuse.
II -- 807. False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.
- - - ( 2 ) The false representation of ( A ) the character, amount, or legal status of any debt ; I believe RAS 's repeated claims that the old bills verify the amount they say I owe is intentional misrepresentation of the current debt.
III - ( 10 ) The use of any false representation or deceptive means to collect or attempt to collect any debt See comment under ( 2 ) ( A ) above for rationale.
IV -- 808. Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt.
Filing a suit against me for this debt while I am actively trying to resolve issues, including the amount remaining on the debt, is unfair, unconscionable and violation of letter and intent of the Fair Debt Collection Practices Act.
V -- 809. Validation of debts ( a ) Notice of debt ; contents - - - ( 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 provide the consumer with the name and address of the original creditor, if different from the current creditor.
( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor.
The details in my complaint and attachments demonstrate how RAS violated this provision.
|
| 10/07/2023 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt is not yours
|
|
Web |
Older American |
|
Update to reflect Answer deadline until XX/XX/XXXX for 1 of 4 XXXX cases previously disclosed with XX/XX/XXXX deadline for all 4 cases see attachment from XXXX dated XX/XX/XXXX To : XXXX XXXX, XXXX. RAS LaVrar file numbers including XXXX. -From : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Florida XXXX -notice of the XX/XX/XXXX filing of 4 separate consumer 30+ page demands for arbitration with the XXXX in cases styled XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX for XXXX credit cards ending in XXXX, XXXX, XXXX and XXXX. XXXX has assigned separate case numbers for each XXXX credit card account as set forth in my attachments. Pursuant to attachments, based on my papers and dates received, XXXX set the deadline of XX/XX/XXXX for XXXX to respond and Answer to each of my separate claims further acknowledging that The Consumer has met the filing requirements regarding their filing fee ( in each of the 4 cases ). The Business has paid {$0.00}. {$600.00} is now due from the Business ( for each of the 4 cases ). Your attached letter references my request for arbitration and included a blank form to file arbitration demands to XXXX. As you know, I have been demanding for about a year that disputes be resolved in arbitration pursuant to XXXX XXXX provisions requiring XXXX to arbitrate as its sole dispute resolution remedy. I finally filed my own XXXX consumer demands on XX/XX/XXXX when it became evident that XXXX would not file its claims with XXXX as required. XXXX should promptly pay the required {$2400.00} or {$600.00} for each of the 4 cases plus the huge arbitrator fees for IN/PERSON hearings demanded in XXXX to avoid issues. Moreover, XXXX is limited to filing counterclaims with XXXX and paying additional XXXX filing fees for counterclaims. Since XXXX legal department has been dealing with my 4 XXXX assigned cases with its assignment of counsel, I have deleted exact sensitive XXXX case filing numbers to maintain confidentially and prevent communication with XXXX except by counsel selected by Chases legal department. I interpret your including a blank XXXX form to file for arbitration as an acknowledgment that litigation is prohibited once I have demanded and/or chosen or elected to arbitrate or formally filed with XXXX. Any attempts to litigate will be impossible and fruitless and result in years of court of appeals filings which will certainly ultimately compel arbitration. I trust that you will let XXXX deal with the XXXX 4 cases without muddying the waters with your involvement or interference. While XXXX should have but most likely did not advise you of my XXXX XXXX cases, I feel obligated as a courtesy to disclose the XXXX XXXX filings to you to cut off any defenses if inappropriate action is taken after knowing the existence of XXXX cases. Any inappropriate action by XXXX and its counsel or agents will be brought to the attention of every XXXX arbitrator so it is best to step aside and let the arbitrator decide disputes without making matters worse. I hope you will understand and let the arbitration process proceed without complications and interference. Anyway, thanks for your letter and I hope your client can wake up and try to settle disputes before huge attorneys fees and XXXX and Arbitrator fees accrue. Since I am in poor health with no non-exempt assets or income to garnish, XXXX is wasting its shareholder resources. Sincerely, XXXX XXXX Updated XX/XX/XXXX XXXX
|
| 10/05/2023 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt is not yours
|
|
Web |
Older American |
|
To : XXXX XXXX, XXXX. XXXX XXXX file numbers including XXXX and XXXX regarding your attached letters dated XX/XX/2023 concerning XXXX accounts XXXX XXXX and XXXX XXXXXXXX. From : XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Florida XXXX -notice of the XX/XX/2023 filing of XXXX separate consumer XXXX page demands for arbitration with the XXXX in XXXX styled XXXX XXXX XXXX XXXX XXXX XXXX XXXX for XXXX credit cards ending in XXXX, XXXX and XXXX. XXXX has assigned separate case numbers for each XXXX credit card account as set forth in my attachments. Pursuant to attachments, based on my papers and dates received, the deadline for XXXX to respond and Answer to each of my separate claims has expired. XXXX has not asked me for an enlargement of time to respond as required by XXXX XXXX and no request has been sought nor received from XXXX bypassing XXXX duty to confer with opposing parties. Your attached letter references my request for arbitration and included a blank form to file arbitration demands to XXXX. As you know, I have been demanding for over a year that disputes be resolved in arbitration pursuant to XXXX XXXX provisions requiring XXXX to arbitrate as its sole dispute resolution remedy. I finally filed my own XXXX consumer demands on XX/XX/2023 when it became evident that XXXX would not file its claims with XXXX as required. XXXX should promptly pay the required {$1800.00} or {$600.00} for each of the XXXX cases plus the huge arbitrator fees for IN/PERSON hearings demanded in XXXX to XXXX issues. Moreover, XXXX is limited to filing counterclaims with XXXX and paying additional XXXX filing fees for counterclaims. Since Citibanks legal department in XXXX Florida has been dealing with my XXXX XXXX assigned cases with its assignment of counsel, I have deleted exact sensitive XXXX case filing numbers to maintain confidentially and prevent communication with XXXX except by counsel of record selected by Citibanks legal department. I interpret your including a blank XXXX form to file for arbitration as an acknowledgment that litigation is prohibited once I have demanded and/or chosen or elected to arbitrate or formally filed with XXXX Any attempts to litigate will be impossible and fruitless and result in years of XXXX XXXX XXXX filings which will certainly ultimately compel arbitration. I trust that you will let XXXX deal with the XXXX XXXX cases without muddying the waters with your involvement or interference. While XXXX should have but most likely did not advise you of my XXXX XXXX cases, I feel obligated as a courtesy to disclose the XXXX XXXX filings to you to cut off any defenses if inappropriate action is taken after knowing the existence of XXXX cases. Any inappropriate action by XXXX and its counsel or agents will be brought to the attention of every XXXX arbitrator so it is best to step aside and let the arbitrator decide disputes without making matters worse. I hope you will understand and let the arbitration process proceed without complications and interference. Anyway, thanks for your letter and I hope your client can wake up and try to settle disputes before huge attorneys fees and XXXX and Arbitrator fees accrue. Since I am in poor health with no non-exempt assets or income to garnish, XXXX is wasting its shareholder resources. Sincerely, XXXX XXXX
|
| 10/04/2023 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt is not yours
|
|
Web |
Older American |
|
XXXX XXXX XXXX XXXX XXXX RAS LaVrar XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX credit cards ending in XXXX, XXXX, XXXX and XXXX. XXXX has assigned separate case numbers for each XXXX credit card account as set forth in my attachments. Pursuant to attachments, based on my papers and dates received, XXXX set the deadline of XX/XX/XXXX for XXXX to respond and Answer to each of my separate claims further acknowledging that The Consumer has met the filing requirements regarding their filing fee ( in each of the XXXX cases ). The Business has paid {$0.00}. {$600.00} is now due from the Business ( for each of the XXXX cases ). Your attached letter references my request for arbitration and included a blank form to file arbitration demands to XXXX. As you know, I have been demanding for about a year that disputes be resolved in arbitration pursuant to XXXX XXXX provisions requiring XXXX to arbitrate as its sole dispute resolution remedy. I finally filed my own XXXX consumer demands on XXXX XXXX XXXX when it became evident that XXXX would not file its claims with XXXX as required. XXXX should promptly pay the required {$2400.00} or {$600.00} for each of the 4 cases plus the huge arbitrator fees for IN/PERSON hearings demanded in XXXX to avoid issues. Moreover, XXXX is limited to filing counterclaims with XXXX and paying additional XXXX filing fees for counterclaims. Since XXXX legal department has been dealing with my 4 XXXX assigned cases with its assignment of counsel, I have deleted exact sensitive XXXX case filing numbers to maintain confidentially and prevent communication with XXXX except by counsel selected by XXXX legal department. I interpret your including a blank XXXX form to file for arbitration as an acknowledgment that litigation is prohibited once I have demanded and/or chosen or elected to arbitrate or formally filed with XXXX Any attempts to litigate will be impossible and fruitless and result in years of court of appeals filings which will certainly ultimately compel arbitration. I trust that you will let XXXX deal with the XXXX XXXX cases without muddying the waters. With your involvement or interference. While XXXX should have but most likely did not advise you of my XXXX XXXX cases, I feel obligated as a courtesy to disclose the XXXX XXXX filings to you to cut off any defenses if inappropriate action is taken after knowing the existence of XXXX cases. Any inappropriate action by XXXX and its counsel or agents will be brought to the attention of every XXXX arbitrator so it is best to step aside and let the arbitrator decide disputes without making matters worse. I hope you will understand and let the arbitration process proceed without complications and interference. Anyway, thanks for your letter and I hope your client can wake up and try to settle disputes before huge attorneys fees and XXXX and Arbitrator fees accrue. Since I am in poor health with no non-exempt assets or income to garnish, XXXX is wasting its shareholder resources. Sincerely, XXXX XXXX
|
| 03/26/2020 |
Yes |
- Debt collection
- Credit card debt
|
- Written notification about debt
- Didn't receive notice of right to dispute
|
|
Web |
|
|
To the Consumer Financial Protection Bureau, I am reaching out to you regarding the law firm Ras Lavrar. This firm uses devious tactics to collect debt. In XXXX a judgement was entered against me when paper were served at the wrong address to the wrong person when they had my updated information. Not knowing that I was served I was not able to attend court and therefore I was not able to defend myself. They filed motions of writ of garnishment to both my employer and my bank. I woke up in XX/XX/XXXX with XXXX balance in my account. This is when I had my second lawyer work on dismissing the case and trying to settle the debt On XXXX XXXX I received an email from a lawyer that was representing me back in XXXX. He forwarded a letter, lucky for me, by which RAS LAVRAR had authorization to settle my debt for 25 % of the amount and that I had 14 days to respond. Letter was sent XX/XX/XXXX and required a response by XX/XX/XXXX. I received it XX/XX/XXXX, giving me 5 days to respond. All this during the COVID 19 crisis with the stay at home shelter, layoffs, uncertainty with the economy, financial distress, health concerns etc.
The lawyer they send the letter to no longer represents me and they have that on file, as another lawyer was representing me in XXXX with whom they have been in communication with. As said, I tried to settle the debt back in XXXX of XXXX with my second lawyer and I received no response until this letter that was sent on XX/XX/XXXX.
I tried to reach them on XX/XX/XXXX via the number listed on the letter, number rings as disconnected. You have to try several times to get through anyone. I sent an email to the managing partner XXXX XXXX on XX/XX/XXXX no response to date. I called again on XX/XX/XXXX. Call was recorded. I managed to get through an assistant who confirmed to me that now I need to have letters from both the attorneys confirming that they are no longer representing me, she then transferred me to a lawyer. My call of Thursday XX/XX/XXXX, was transferred to an XXXX XXXX and I am waiting for a return phone call. I also sent an email and waiting to get a response from them to resolve the debt.
A few issues I would like to point out about the letter, nowhere does it say that if the lawyer is not longer on record that a letter from the lawyer must be sent to the firm.
This tactic is for them to buy themselves time to XXXX over the client. They had another lawyer on file with whom I was trying to resolve the debt, they confirmed it on the phone yet they did not reach him. All this is in the midst of the COVID-19 Crisis and with a time sensitive deadline to respond by XX/XX/XXXX They did have my correct address on file and they did not bother sending me a copy so I would have the chance to properly respond and in a timely manner.
They find ways to circumvent the client in order to cause judicial, financial and emotional hardship. They are really devious and this has to stop.
Hope you van assist me with this as these companies are lethal!
Thanking you in advance
|
| 02/13/2018 |
Yes |
- Debt collection
- Other debt
|
- Written notification about debt
- Didn't receive notice of right to dispute
|
|
Web |
|
|
RAS LaVrar , LLC : This letter is being sent to you in response to a notice sent to me on ( XX/XX/18 ) or in r. 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 ( 8 ) This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request your offices provide me with competent evidence that I have any legal obligation to pay you.
At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major credit bureaus ( Equifax, Experian or TransUnion ) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent, I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information, during which time all collection activity must cease and desist. Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing of any information to a credit reporting repository that could be inaccurate or invalidated. If your office fails to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
I would also like to request, in writing, that no further telephone contact, to be made by your offices to my home or to my place of employment. If your offices continue to attempt telephone communication with me or coming to my home to serve court documents it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter.
It would be advisable that you and your client assure that your records are in order before I am forced to take legal action.
Best Regards, XXXX XXXX XXXX XXXX
|
| 12/05/2019 |
Yes |
- Debt collection
- Credit card debt
|
- False statements or representation
- Attempted to collect wrong amount
|
|
Web |
Older American |
|
PLEASE CALL MR. XXXX XXXX at THE EXECUTIVE OFFICE OF CUSTOMER ADVOCACY OF XXXX XXXX ( XXXX ) XXXX as he knows my previous complaint about the same matter COMPLAINT ID XXXX filed on XX/XX/2019.
The complaint was resolved successfully because Mr. XXXX removed the account debt from The Collection Company back to XXXX XXXX at its original Dollar Value. I bought a Cashier 's Check of {$3200.00} to pay the debt and mailed it on XX/XX/2019. I have been in contact with XXXX at XXXX to find if my check arrived which it did on XX/XX/2019 and I was told by XXXX that she also received a check of {$6600.00} from LaVrar THE COLLECTION AGENCY but no problem because XXXX XXXX will collect the debt and the remainder will be refunded to me. The remainder is {$6600.00} but I imagine XXXX had to deposit both checks to collect all the monies and THEN ISSUE A SOLE CHECK FOR ME. I have been waiting for the check and I have been calling XXXX at XXXX but the recording says there is noone at the office PLEASE CALL BACK LATER. I called the customer service phone and a Manager COULD SEE A CHECK NUMBER IS GOING TO BE ISSUED but from where she was she could not see FOR HOW MUCH OR WHOSE NAME. I did not sleep the whole night at all THINKING! Not only me but also The Title Company have asked LaVrar to mail back a check for {$6600.00} to The Title Company to place the funds back in Escrow. The Title Company forced me to sign AGAINST MY WILL ( I have emails to prove it ) The Stipulation to pay LaVrar under threat my debt would go up to include Court Costs and others only to find XX/XX/2019 that my complaint was approved so I could pay XXXX XXXX the lesser amount owed.
The response of LaVrar to my complaint ( dated XX/XX/2019 ) reads as follows : " LAVRAR HAS NO ACCESS TO THIS ACCOUNT BECAUSE THE DEBT HAS BEEN RETURNED TO XXXX ''. COMPLAINT ID XXXX QUESTION : Why did LaVrar send the full {$6600.00} to XXXX? Why not send it to The Title Company? Why not brake the monies and pay my Debt to XXXX and The remainder send it to The Title Company? Wasn't it THAT LAVRAR HAS NO ACCESS TO THIS ACCOUNT????
I smell a big fish here. I think LaVrar wants to collect from the check from XXXX a fee and The Managers at XXXX DO NOT KNOW WHAT TO DO BECAUSE THEY HAVE NO ACCESS TO THE PREVIOUS HISTORY OF THE PROBLEM AS Mr. XXXX XXXX. I trust he will resolve wisely like he did in my first complaint. Please call him ASAP before you make a mistake. Thanks.
|
| 01/28/2020 |
No |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt was paid
|
|
Web |
|
|
This paid debt was held by XXXX XXXX XXXX who sued on behalf of XXXX XXXX XXXX XXXX. XXXX XXXX XXXX filed a Satisfaction of Judgement then sold the debt to RAS LaVrar, P.A on or about XXXX.
RAS LaVrar was supplied with a certified copy of the Satisfaction of Judgement and then sold the debt again to XXXX XXXX XXXX who has hired XXXX, XXXX, XXXX XXXX XXXX XXXX XXXX.
XXXX, XXXX, XXXX XXXX XXXX XXXX XXXX has called my cell phone through ( I believe the following numbers, as I no longer answer my phone due to fraudulent debt collection attempts ) XXXX XXXX XXXX ( 1 ) XX/XX/XXXX XXXX XXXX XXXX ( 3 ) XX/XX/XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX ( 2 ) XX/XX/XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX ( 1 ) XX/XX/XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX I've attempted to hire an attorney, I can not afford XXXX nor will an attorney take the case and be paid upon completion because it is under 50 calls ( XXXX XXXX XXXX ).
XXXX, XXXX, XXXX XXXX XXXX, XXXX has sent me a letter stating " As you know, XXXX XXXX XXXX, the current Creditor-Debt Purchaser, has purchased the account referenced above. A judgement was entered against you in this matter on XX/XX/XXXX. '' They fail to mention that the Satisfaction of Judgement has also been filed XX/XX/XXXX. If I were a " less sophisticated individual '' this would lead me to believe that I still owe this debt.
What sucks is I can't afford to sue RAS LaVrar nor the current owner and law firm attempting to collect on a satisfied debt. Hopefully, at least you can do something about this ... I can't.
I have also posted a copy of the Satisfaction on XXXX ( XXXX XXXX XXXX ) LinkedIn site and also on XXXX, XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX clearly viewable on a public forum, in the same manner as was the custom in newspaper days.
I'm not looking for legal advice, I couldn't afford to take it, but surely they can be fined or something for continuing to sell paid debts and trying to collect again on them.
|
| 09/22/2023 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt is not yours
|
|
Web |
Older American |
|
Notice of case assignments for my filing demands for consumer arbitration with XXXX. To : XXXX XXXX, XXXX, RAS LaVrar , LLC XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX, FL XXXX. RE : your client XXXX XXXX XXXX, XXXX. Reference XXXX From : XXXX XXXX. Please take notice that on XX/XX/, I filed 4 multiple 25 + page comprehensive Consumer Demands For IN-PERSON Arbitration with XXXX which have been assigned 4 separate case numbers which I will seek to be resolved in hearings with separate arbitrators. XXXX was served on XX/XX/XXXX with all my 4 individual case filings and XXXX other counsel has been communicating with XXXX to, among other things, pay 100 % of the filing and arbitrators fees as my consumer fees have been paid what is due. The arbitration cases relate to every one of my 4 XXXX accounts, including those that I have received notice that have been assigned to you as a Debt Collector, Including your files with reference numbers XXXX. I write to you as a courtesy so you can immediately communicate with your client to avoid duplicate, wasteful, unnecessary and improper barred communications for matters NOW handled by other law firms of XXXX. As you know, I have been demanding for almost a year that XXXX file its claims with the XXXX pursuant to the arbitration provisions. Due to XXXX failure to file its claims with XXXX, I had no other choice but to file claims myself as Claimant in 4 separate cases. I strongly suggest that you promptly recommend to your client that you proceed with your own claims in its own separate arbitration demand filings, the forum required by the arbitration clause written by XXXX. I demand arbitration! I will not tolerate any frivolous attempts to litigate disputes in courts and I will automatically and permanently STAY any attempts to bypass arbitration by XXXX filing court complaints. Lets Arbitrate! Sincerely XXXX XXXX
|
| 09/11/2023 |
Yes |
- Debt collection
- Credit card debt
|
- False statements or representation
- Attempted to collect wrong amount
|
|
Web |
Servicemember |
|
My account was bought or transferred from XXXX to RAS LaVrar Law Offices in XXXX after a telephone Consented Judgement was agreed upon and in motion between myself and XXXX. On XX/XX/, I spoke to the assigned attorney XXXX XXXX at RAS LAVAR, who was almost impossible to reach. I advised him that there were added charges and fees that they included to my signed judgement with XXXX. I was not responsible for the cost of any additional fees between RasLaVrar and XXXX. The Judgement was very clear and detailed about my arrangement. XXXX XXXX reviewed the Judgement, in which I re-sent him a copy and said that he didnt know where the added charges came from. He advised he would correct and get back to me. He never responded. I am a new business owner and attempting to get loans. As a result of this situation in which I attempted to resolve with the original attorneys office XXXX, I was in full compliance and making regular payments according to the judgment set forth. I attempted over months several times to call the new Attorneys office XXXX XXXX and their phone was disconnected. Until finally I got a live person on the phone that connected me to speak to XXXX XXXX and I followed up with an email. ( please see email and attachments ).
I am a new business owner and I have been getting denied business loans because of this incorrect information is on my credit. A judgement was NEVER supposed to be on my credit reports as long as I complied with the payment arrangement. I complied with the payment arrangement with XXXX. RasLaVar bought the loan and dismissed arrangments of the judgement that was in place and made themselves unavailable for resolution for me to comply.
A correction of the fees. There was a signed judgement order already in place. This creditor bought the debt and tried to add additional fees and charges.
|
| 10/19/2019 |
Yes |
- Debt collection
- Credit card debt
|
- False statements or representation
- Attempted to collect wrong amount
|
|
Web |
Older American |
|
On XXXX the XXXX I sold a property with my other two siblings. The XXXX XXXX received a report that I owe two credit cards from XXXX. They held the funds in Escrow but they gave me a full month to fix the problem. LaVrar a Collection Agency had both credit cards for collection but one of the credit card debt was closed. So I called XXXX and they told me I owed {$3200.00}. In the meantime The XXXX XXXX paid the first credit card that was open but then is when the trouble started because The Title Company asked LaVrar the Collection Agency if they had the other credit card debt. LaVrar responded they had it but IT WAS CLOSED. The XXXX XXXX gave them inside info that the debt was still open so LaVrar called XXXX and got the account open back again. I called XXXX ready to pay but they told me to call LaVrar. So now I am stuck with LaVrar which is demanding I pay {$6600.00} The XXXX XXXX ( XXXX ) did MALPRACTICE on me. Please notice that The Judgement amount on the open credit card debt was {$5700.00} but I paid {$7500.00} which is {$1800.00} or 32 % of The Judgement amount. But now ; on the second Judgement of {$3600.00} they want to charge me {$6600.00} which is {$2900.00} or 81 % above the Judgement amount. 81 % - 32 % is a 49 % difference. I will not deny I have insulted both ; XXXX XXXX at The XXXX XXXX and Mr. XXXX at LaVrar. I wanted to file a lawsuit for malpractice but I was told it takes years and expenses and it is such an insignificant quantity of money that it is not worth it. I have asked Mr. XXXX to return the account to XXXX so I pay them what they asked the {$3600.00} but to no avail. XXXX is not writing to me anymore. He is just waiting for the escrow to be released for the amount he says.
|
| 01/01/2020 |
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 |
|
I need your help in having Judgement removed from my record. This is an old debt and collectors are still trying to collect. XXXX XXXX XXXX sent me a letter ( dated XX/XX/XXXX ) stating that XXXX, XXXX recently recalled account from their officeand to their understanding account was placed with RAS LaVrar.
A compliant was filed by me ( XX/XX/XXXXXXXX-XXXX ) against RAS LaVrar for what I now believe to be fraudulent. The reason I say this because in looking over all my records I found inconsistence with RAS claim. For example, I was told that XXXX wanted nothing to do with this account. If XXXX did give this account to RAS LaVrar, why was I threaten that I was going to be taken to court and property would be taken from me -- I had already been to court ( XX/XX/XXXX ). Also, RAS LaVrar said that I owed more ( {$18000.00} ) which I never owedplus I made payments for over a year.
Record confirms that on XX/XX/XXXX, that account was referred to the law office of XXXX XXXX for collection. Account was charged off as bad debt on XX/XX/XXXX, by XXXX ( for a while debt was at all credit bureaus. On XX/XX/XXXX, XXXX XXXX filed a Motion for Judgement against me ( which I think it was in retaliation against me. How can that be if account was charged off as bad debt and I was taken to court after the fact? I will send letter dated XX/XX/XXXX, confirming debt charge off date from XXXX. Also, I will send letters from XXXX XXXX XXXX and RAS LaVrar.
XX/XX/XXXX, I reached out to both XXXX XXXX XXXX and RAS LaVrar to get conformation stating that XXXX had given account to RAS LaVrar, but without any success.
|
| 02/06/2023 |
Yes |
- Debt collection
- I do not know
|
- Attempts to collect debt not owed
- Debt is not yours
|
|
Web |
|
|
On a recent check of my mail I see there is a collection/charge off account from RAS LaVrar LLC saying I owe a debt of {$2100.00} that I do not recognize.
Pursuant to the Fair Debt Collection Practices Act ( FDCPA ), I hereby notify you that I am disputing this debt in its entirety, and you are required to provide me with validation of the debt by providing me all the following information : Copy of original contractual agreement bearing my signature A clause in the original signed contract authorizing a third party like yourself to collect on this debt.
Statements from the original creditor and itemization of monies owed Copy of bill showing last default date Proof that the debt is valid and collectible and within the statute of limitations for this state Proof that you are licensed to collect in my state of residence Agreement between your company and the original creditor that authorizes you to collect on this debt I am requesting that you cease and desist from all collection activity pertaining to this account.
You are only to contact me via the Consumer Financial Protection Bureau ( CFPB ) website so that we have documented proof.
I am allowing you a period of XXXX days or less to produce this information. If youre unable to validate the account, then you must remove the collection account from the credit reporting agencies.
Enclosed with this CFPB complaint are : My drivers license that shows identity + current mailing address Letter I received from you
|
| 10/18/2023 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt was paid
|
|
Web |
Older American |
|
I XXXX XXXX received a collection letter recently dated XX/XX/2023 from a law firm known as RAS LaVrar , LLC. The account was a XXXX account that was settled years ago when XXXX either transferred to account to a debt buyer known as XXXX XXXX XXXX, or I negotiated the original debt with XXXX directly. It was over 10 years ago. So when I received this collection I called RAS LaVrar , LLC. A person claiming that he was a non-attorney negotiator trying to collect a debt. Let me be very clear, the account is years past any legal collection timeline, and I paid the debt years ago. I have no idea how RAS LaVrar LLC, a law firm with a XXXX, Florida address could have received my personal information. The agent claimed that XXXX sent my information to RAS LaVrar. Highly doubtful.
RAS LaVrar pulled by credit report in XX/XX/2023 from XXXX. My personal privacy being violated, I believe RAS LaVrar is fishing for old debts to fool a percentage of the American public to ascertain a payment arrangement that is 100 % illegal. I did lose my cool talking to a person who is obviously trained to muscle people into debts that are long out of the legal guidelines. The CFPB needs to pull a full audit of the collection practices of RAS LaVrar. I am going to file suit in federal court for damages. My privacy has been violated and I'm certain that this law firm is breaking multiple laws both on a state or federal level.
Damages must be paid for this serious violation.
XXXX XXXX
|
| 09/22/2023 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt is not yours
|
|
Web |
Older American |
|
Notice of case assignments for my filing demands for consumer arbitration with XXXX.
To : XXXX XXXX, XXXX, RAS LaVrar , LLC XXXX XXXX XXXX XXXX XXXX XXXX XXXX, FL XXXX. From : XXXX XXXX. Please take notice that on XX/XX/2023, I filed multiple comprehensive Consumer Demands For IN-PERSON Arbitration with XXXX which have been assigned case numbers. XXXX was served on XX/XX/2023 with all my individual case filings and XXXX other counsel has been communicating with XXXX to, among other things, pay 100 % of the filing and arbitrators fees. The arbitration cases relate to every XXXX account which has been assigned to you as a Debt Collector, Including your files with reference numbers XXXX and XXXX. I write to you as a courtesy so you can immediately communicate with your client to avoid duplicate, wasteful, unnecessary and improper barred communications for matters NOW handled by other law firms of XXXX. I am confused that XXXX has assigned the same accounts to multiple law firms but some day XXXX may get its ducks in a row. As you know, I have been demanding for almost a year that XXXX file its claims with the XXXX pursuant to the arbitration provisions. Due to XXXX failure to file its claims with XXXX, I had no other choice but to file claims myself as Claimant. I strongly suggest that you promptly recommend to your client and get its approval to voluntarily dismiss all pending state court actions without prejudice to mitigate damages. Sincerely, XXXX XXXX
|
| 02/28/2018 |
Yes |
- Debt collection
- Other debt
|
- Communication tactics
- Used obscene, profane, or other abusive language
|
|
Web |
Older American |
|
I met with the attorney at a hearing in XXXX county court, She was very helpful and suggested that I contact her firm to arrange a payment plan on a debt that I owe XXXX, I called RAS Lavrar , LLc XXXX XXXX and spoke to XXXX and after answering all the questions multiple times and not getting any results I asked to speak to a super viser, Had to wait in line for a while, ,Finally XXXX XXXX got on the line and asked me the same questions, I told her that I had all ready gave that information to XXXX, but she insisted and said that if I wanted to speak to her I had to answer all the same questions, Again I felt that this is a tactic they use to intimidate you, Now that I had answer the same repeated questions she hung up on me, She call me on my cellular phone just to check if my phone number was ok, She said that we lost connection ( Liar ) and she started to asked me the same questions once again,, i told her that it wa unprofessional to deal with them and I was going to file a complaint, C'mon this people should not be in business pretending that they are going to help you instead they play with your mind, your time, your integrity, " `To a point that you know that they are not going to help you whats so ever " " " " " " " " " SHAME ON RAS LAVVAR LLC XXXX XXXX, XXXX XXXX XXXX XXXX XXXXXXXX, FL XXXX XXXX XXXX XXXX XXXX Shame on XXXX and XXXX Sincerely a very disappointed client of XXXXt
|
| 11/21/2023 |
Yes |
- Debt collection
- Credit card debt
|
- False statements or representation
- Attempted to collect wrong amount
|
|
Web |
|
|
I was served with notice of two lawsuits for my debt this company is trying to collect. I call to set up a payment plan. I gave them my routing and checking account number for the company to set up recurring funds transfers. I was told that I would receive an agreement via email and I had to sign the agreement before they would file anything with the court. I never received the agreement. I now have an attorney working to renegotiate a lump sum settlement- I felt it was necessary since I never received the paperwork I was supposed to sign to stop the lawsuit from pending. When I contacted the company to ensure they would not draft my account since I had not received or signed anything, I was told that I verbally agreed and they were going to draft the funds and I couldn't change that. I told them I would let my attorney handle it and I do have the funds in my account to be drafted. I have not placed a stop payment because I'm afraid doing so will prevent my from being able to settle the lawsuit. I believe setting up a recurring electronic funds transfer without a signature from me is a violation of Regulation E ( 12 CFR 1005.10 ( b ) ) and I should have been able to stop the transaction from occurring since I had not received or signed anything. I also believe they are intentionally holding back the paperwork that would allow for the court case to be dismissed. Thank you.
|
| 04/09/2019 |
Yes |
- Debt collection
- Credit card debt
|
- Took or threatened to take negative or legal action
- Seized or attempted to seize your property
|
|
Web |
Older American |
|
In XX/XX/XXXX I received a letter from XXXX XXXX XXXX XXXX stating that XXXX, XXXX XXXX XXXX had recently recalled their file and has been placed in RAS LaVrar Law Office .
I received a letter dated XX/XX/XXXX, from RAS LaVrar Law Office attempting to collect. I attempted calling several times with no answer. XX/XX/XXXX, I sent letter asking RAS to cease contacting me. By tracking the number an Alert came up stating that delivery was attempted-no access to delivery location. Received another letter from RAS on Saturday, XX/XX/XXXX stating that last date for payment is XX/XX/XXXX of {$18000.00} ( which I dont owe ). The following Monday XX/XX/XXXX I was able to talk with someone at RAS and explained to him that I dont owe this amount and that the case had already gone to court.
I dont understand why XXXX XXXX. ( XXXX XXXX XXXX ) keeps harassing ( with different debt collectors ) me threatening to repossess any property and hold as collateral against meI think that XXXX is being vindictive about everything. Weve gone to court over the matter and a lien is against my property already. What the Court said that I owed was {$16000.00}, plus costs in the amount of {$190.00} totaling {$16000.00}. I dont owe the amount of {$18000.00} because Ive made payments also. How can anyone go above what the Court say and charge something different?
|
| 01/30/2020 |
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 |
|
|
On XX/XX/XXXX I received a mailer from local attorney 's advising me that a suit had been filed against me in XXXX XXXX County by XXXX XXXX. After searching the county database I found the court record that on XX/XX/XXXX RAS LaVrar Law Firm had filed suit on behalf of XXXX XXXX ( complaint not available for view ).
I have not received proper notice prior to the suit to request a validation of the debt. I believe the suit is meant to be an INTIMIDATION tactic and is an EXAMPLE of a PATTERN of ABUSE of the legal system practiced by this collection agency. I am unaware of any debt owed to XXXX XXXX - I am unaware of any certified correspondence sent to my home or business validating the debt.
CASE NUMBER : XXXX CASE STYLE : XXXX XXXX XXXX, XXXX. XXXX XXXX, XXXX After speaking with on XX/XX/XXXX they stated that they did not show a lawsuit in their system. They claim a validation letter had been sent about the debt.
This pattern of abuse of the legal system should be considered a violation of the FDCPA Sec. 808 ( unfair practices ). This firm has a long history of misrepresenting balances, validation and filed complaints by consumers.
This agency needs to be sanctioned and fined if NOT sued by a class action.
|
| 01/28/2018 |
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 XXXX XXXX took me to court i didnt know it till i was served .i won the case against this lawyer.the judge evan wrote a 10 page law review article on the case. XXXX XXXX is the person who filed the case against me in court.the llc was just opened around the time XXXX XXXX was alleging i was in default.as i looked on XXXX XXXX an seen the llc 's that this attorney has opening an closing them, is crazy illegal to me.but he is the man im directed to when trying to resolve this issue. in my previous complaint about the reporting agencies. i will be filing a florida bar complaint as well as this i had a recent score of XXXX i was proud but since the end of court i havent recieved my XXXX dollars he owes me from court.and my credit is droping in some instances 50 points or more.because of his actions i have contacted him he represents XXXX XXXX so he is in charge of the matter this man knows i won the case and so know between XXXX XXXX and this attorney my credit is toast.because of these actions i fill victimized by this atorney.
|
| 03/30/2022 |
Yes |
- Debt collection
- Credit card debt
|
- Took or threatened to take negative or legal action
- Sued you in a state where you do not live or did not sign for the debt
|
|
Web |
|
|
RAS LaVrar, LLC., representing XXXX XXXX filed a small claims action against me last year in XXXX XXXX XXXX Florida XXXX Managing partner, XXXX XXXX is the attorney of record for Plaintiff. During the on-going litigation, LaVrar has willfully failed to make discovery, has TWICE failed to appear at hearings, has had illegal ex-parte communications with the judge, ( who has now recused herself, but is still getting a XXXX Complaint anyway ). In response to my Request for Production of Documents, LaVrar submitted a production file with over 135 pages of meaningless, non-responsive documents and further raised meritless, boiler-plate objections to the majority of the Requests, all of which were for discoverable evidence. Litigating in bad faith and engaging in dilatory stalling tactics violates several of the Rules Regulating the Florida Bar governing lawyer conduct, in particular, Bar Rule 4-3.2 requiring lawyers to expedite litigation.
|
| 12/19/2022 |
No |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt was result of identity theft
|
|
Web |
Older American |
|
Around the beginning of 2022 I started getting letters from XXXX claiming I was overdue on a credit card debt. I called the number on the letter I received only to have them try to get more information on me, like my SS number. I did not give them any additional information. I called XXXX directly and spoke to their fraud department to verify my old credit card had been paid off. They verified that it has a " XXXX '' Balance and that the account associated with that card has been closed due to inactivity. I continue to get letters from whomever is posing as XXXX and they have sent my imaginary debt to a debt collector now. When I called the debt collector, they wanted payment over the phone. When I told them I did not owe this money, they hung up on me. The dept collector is : RAS LaVrar LLC XXXX XXXX XXXX XXXX XXXX XXXX XXXX FL XXXX Phone # XXXX I'm sending pictures of XXXX of the many letters I've received.
|
| 02/05/2019 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt was paid
|
|
Web |
|
|
I contacted XXXX XXXX on XX/XX/XXXX at XXXX XXXX to payoff debt. At that time I was told a phone payment can be taken and it would take 14 days to process. As requested, I provided the bank information to complete payment. A continuation of the court proceeding occurred till XX/XX/XXXX but to date, the company has not completed the debit. I later receive a stipulation notice necessary to complete from the debt collector which is not required to make a payment. Repeated calls to the attorney and the collection line is going unreturned. As such, I made a requisite payment via phone to the advertised customer service number and no one would answer the phone nor respond to any communication. I simply want to pay the debt and have the company to stop contacting me about signing agreements to make full payments when I called on XX/XX/XXXX to make the full payment as requested by the legal demand letter.
|
| 08/09/2020 |
No |
- Debt collection
- Credit card debt
|
- Took or threatened to take negative or legal action
- Sued you without properly notifying you of lawsuit
|
|
Web |
|
|
Received a letter from RAS XXXX on or about XX/XX/XXXX about XXXX alleged debts from XXXX XXXX.
Their letter was deceptively dated XX/XX/XXXX and said I had 30 days to dispute, which was already past from the date.
Whether this was an error, intentionally deceptive or there was a huge delay in the mail is unknown.
My rights are 30 days from receiving though.
On XXXX, I received mailers from attorneys stating I had a lawsuit already filed against me.
I immediately sent my dispute letters via XXXX using Certified Mail w Return Receipt.
Debt Collector initiated lawsuit with no notice and only an initial communication that was dated wrong.
Also, the debt is not mine and has now been disputed. Debt Collector should withdraw lawsuit and cease any further collection activities.
|
| 09/16/2019 |
Yes |
- Debt collection
- Credit card debt
|
- False statements or representation
- Attempted to collect wrong amount
|
|
Web |
|
|
I set up a payment plan on their online system, and they set up a recurring payment plan without my knowledge, I only wanted to make one payment. I called and they told me to remove my payment information from the online acct, this I did and then another payment was paid to my account, then the following month I noticed that there are two more months showing recurring payments. I called to cancel payments and after waiting over 15 minutes the representative was very rude and said that she would send a email to mgmt and I would have to call back. I asked to speak to a manager and waited for 17 more minutes. I feel this is unfair debt collection as they intentionally have a system that automatically charges you monthly and you can not cancel recurring payments.
|
| 06/14/2018 |
Yes |
- Debt collection
- Credit card debt
|
- Took or threatened to take negative or legal action
- Sued you in a state where you do not live or did not sign for the debt
|
|
Web |
|
|
On XX/XX/XXXX RAS LAVRAR LLC, went into my daughters account and put a legal order debit on it, I have a XXXX XXXX Bank. My daughter is XXXX years old and she's the primary account holder I'm just the co-signer because she's a minor. This company said that they sent me to court and I had not received any notification and this is not right. I'm currently living on XXXX XXXX, XXXX and that account I had it open in XXXX, XXXX. I opened it up on XXXX with XXXX XXXX XXXX and this account I closed it on XXXX. I really need help because I don't think this is correct and something is wrong here and this company haven't try to do anything either to contact me or help me to resolve this matter. I spoke with XXXX ext XXXX, the number XXXX
|
| 07/02/2019 |
Yes |
- Debt collection
- Credit card debt
|
- Written notification about debt
- Didn't receive enough information to verify debt
|
|
Web |
|
|
I XXXX XXXX along with my wife XXXX XXXX are in a position to file for a Chapter XXXX bankruptcy. However, as a means of pursuing a reasonable procedure to get out of debt over the next year without such a drastic step, we are requesting very low settlements in the 20 % range of where our debts were at the last payment. Accordingly, we believe that we only have one chance at this, and if we do not start receiving settlement offers soon, we will retain the bankruptcy attorney we recently consulted. Therefore, we request letters of settlement, and we request the cease and desist from all calls to our home, cell and/or work. We desire to resolve these matters in written form only.
Thank you for your consideration in this matter.
|
| 02/28/2018 |
Yes |
- Debt collection
- Other debt
|
- False statements or representation
- Attempted to collect wrong amount
|
|
Web |
|
|
RAS laVrar , LLC responded to my previous CFPB complaint # XXXX however the response was not adequate to what I requested in the last response. RAS Lavrar , LLC indicated that they were updating their files to cease all communications with me, in which I never requested, however I requested for RAS LaVrar , LLC to not come out to my home address and they avoided giving me a response to that request. Also RAS LaVrar , LLC indicated that lawsuit was filed against me, in which I was already made aware of that matter, however I requested for the lawsuit to be dropped against me and I never got a detailed response to that request.
|
| 06/08/2018 |
Yes |
- Debt collection
- Credit card debt
|
- Took or threatened to take negative or legal action
- Threatened to sue you for very old debt
|
|
Web |
|
|
XXXX XXXX seized my bank accounts, took all my money and said that I am not the head of household, I am the only one in the household and almost lost everything because of their XXXX. This is from a credit card debt from more than 5 years ago ( beyond the statute of limitations in Florida ) from when I was unemployed and alerted them of the unemployment status, but they still sent the file to an attorney and just took everything. Then, XXXX XXXX XXXXXXXX, where my accounts were, also froze my accounts for more than the amount of the judgement and continued to return checks and try to collect fees for funds that were there.
|
| 05/19/2023 |
Yes |
- Debt collection
- Credit card debt
|
- Took or threatened to take negative or legal action
- Collected or attempted to collect exempt funds
|
|
Web |
|
|
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX Ras LaVrar Law Offices LLC XXXX XXXX XXXX XXXX XXXX XXXX XXXX FL XXXX XX/XX/2023 To whom it may concern : Please find the enclosed Social Security Income Documentation and Information for myself.
My wife remains unemployed and is unable to work due to an apparent severe medical issue that has caused her to have a lack of sight in her eyes.
Please find the enclosed copies of enclosures of CFPB complaint correspondence I received via email today, that note a lack of supporting documents that I have now provided in this letter.
Best regards, XXXX XXXX XXXX
|
| 01/03/2020 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt was result of identity theft
|
|
Web |
|
|
On XX/XX/2019, I mailed a certified Cease and Desist Letter to RAS LAVRAR Law Offices in connection with credit card charges identity theft. ( See exhibit 1 attachment below ) However, RAS LAVRAR Law Offices did not honor the letter and mailed a second collections letter out to me on XX/XX/2019. ( See exhibit 2 attachment below ) Therefore, I am demanding {$1000.00} in statutory damages within 10 days for violating Code Section 805 of the Fair Debt Collection Practices Act and Title 15 U.S. Code Section 1692k ( See exhibit 3 attachment below ) Furthermore, this has caused me significance stress and embarrassment
|
| 09/15/2017 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt is not yours
|
|
Web |
Older American, Servicemember |
|
InXX/XX/XXXX I received a dunning claim from XXXX, PA, XXXX XXXX XXXX XXXX, XXXX Florida XXXX on an account and debt that were not mine. I responded in writing denying both the account they referenced and that any debt was due from me. Today, XX/XX/XXXX, I have received the identical dunning claim from RAS LaVrar , LLC, XXXX XXXX XXXX XXXX, XXXX Florida XXXX with the assertion they had " purchased the assets of XXXX XXXX XXXX ''. This seems an obvious, bogus corporate left hand-right hand game with an attempt to collect debts that they know are not legitimate. They need to be put out of business.
|
| 02/20/2018 |
No |
- Debt collection
- Other debt
|
- Took or threatened to take negative or legal action
- Sued you without properly notifying you of lawsuit
|
|
Web |
|
|
I filed a CFPB compliant case number # XXXX against RAS Lavrar , LLC and they responded partially to my complaint on XX/XX/18, which they did inform me that they are preparing to send me the validation of the alleged debt, however I requested that lawsuit against me to cease and I also request for no one to come out to home to discussed this matter, however they did not respond to neither request or give any details. They only stated that XXXX XXXX XXXX is suing me for the alleged debt. And again I am requesting the lawsuit be dropped by both RAS Lavrar and XXXX XXXX XXXX.
|
| 09/27/2023 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt is not yours
|
|
Web |
Older American |
|
To : XXXX XXXX, XXXX, RAS LaVrar , LLC XXXX XXXX XXXX XXXX XXXX floor XXXX FL XXXX. RE : your client XXXX XXXXXXXX XXXX XXXX. Reference XXXX From : XXXX XXXX.
I still have not received copies of the original cardmember agreements for any of my 4 XXXX accounts which would include the arbitration clauses and provisions. Since the accounts were opened many years ago, I need the agreements for each account in effect at account opening which may be entirely different from the agreements for new account holders. Thanks, XXXX XXXX
|
| 09/26/2020 |
Yes |
- Debt collection
- Credit card debt
|
- Took or threatened to take negative or legal action
- Collected or attempted to collect exempt funds
|
|
Web |
Servicemember |
|
COMPANY CONTINUE TO HARRASMENT DISABLE VETERAN FOR ID FRAUD ACCOUNT NOT MINES AND NEVER HAD ANY " XXXX '' XXXX ACCOUNT, POLICE REPORT FILE, FRAUD AFFIDAVIT FILED VIA MY ATTORNEY WITH " XXXX AND FTC '', COMPANY REFUSE TO REPLY BACK TO " XXXX '' ON ABOUT XX/XX/2020, DISPUTE VALIDATION OF DEBT AND NEVER SIGNED ANY APPLICATION FOR CREDIT CARD ... ..NOTE : VETERAN IS 100 % XXXX AND LEGALLY XXXX ... .VETERANS ON SOCIAL SECUIRTY/ VA PENSION ARE EXEMPT FROM JUDGEMENT OF PENSION DISABLITY INCOME GARNISHMENT
|
| 02/06/2018 |
Yes |
- Debt collection
- I do not know
|
- Took or threatened to take negative or legal action
- Threatened to sue you for very old debt
|
|
Web |
|
|
RAS LAVRAR is attempting to collect a debt from me that I have no recollection of. RAS LAVRAR has stepped outside the boundaries FDPA. I have received a lot of harassment calls and even a representative came to my home or residences with harassments that are in violation of the FDPA. I never established a contract with this company and I don't owe the alleged debt.I will be reporting this practice to the State Attorney General office of Ga and the FTC about this matter.
|
| 09/21/2023 |
Yes |
- Debt collection
- I do not know
|
- Attempts to collect debt not owed
- Debt is not yours
|
|
Web |
Servicemember |
|
I disputed items inaccurate on my credit report.This is not my debt. I asked for a signatures, agreements, purchase information such as who authorized, where items were bought, delivered to, picked up from- etc.The companies only provided me with monthly statements. I argued that this is not proof of a debt owed the company said that they verified my name and address so its considered valid. I explained that they are violating FCRA REGULATIONS.
|
| 07/09/2019 |
Yes |
- Debt collection
- Other debt
|
- Attempts to collect debt not owed
- Debt was paid
|
|
Web |
|
|
CASE XXXX XXXX SOUTH DAKOTA XXXX, XXXX JUDGEMENT XX/XX/2009 -- - PAID VIA WAGE GARNISHMENT IN XXXX THROUGH XX/XX/2009 see attachment SATISFACTION FILED DEBT was PAID in full and fully released from debt XXXX GARNISHMENT ISSUED DIRECTLY TO XXXX XXXX XXXX NO NOTIFICATION SUBMITTED TO MYSELF PAID IN FULL SEE ATTACHMENTS
|
| 03/09/2020 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt was result of identity theft
|
|
Web |
|
|
Dear Sir or Madam, On XX/XX/2020, my Attorney XXXX XXXX XXXX XXXX XXXX wrote RAS LaVrar Law Offices a 14-day {$1000.00} demand letter for violating the Fair Debt Collection Practicing Act.
However, the law office never responded back.
|
| 03/11/2021 |
Yes |
- Debt collection
- Credit card debt
|
- Written notification about debt
- Didn't receive enough information to verify debt
|
|
Web |
|
|
RAS LVRAR has not send accurate verifiable documentation that I owe any debt BEARING MY SIGNATURE. I sent a letter on XX/XX/2021 asking to validate and this company has not done so properly.
|
| 02/07/2024 |
Yes |
- Debt collection
- Credit card debt
|
- Written notification about debt
- Didn't receive enough information to verify debt
|
|
Web |
|
|
|
| 02/07/2024 |
Yes |
- Debt collection
- Credit card debt
|
- Took or threatened to take negative or legal action
- Sued you without properly notifying you of lawsuit
|
|
Web |
|
|
|
| 01/31/2024 |
Yes |
- Debt collection
- I do not know
|
- Written notification about debt
- Didn't receive enough information to verify debt
|
|
Web |
|
|
|
| 01/24/2024 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt is not yours
|
|
Web |
|
|
|
| 12/17/2023 |
Yes |
- Debt collection
- I do not know
|
- Attempts to collect debt not owed
- Debt is not yours
|
|
Web |
|
|
|
| 11/20/2023 |
Yes |
- Debt collection
- Credit card debt
|
- Communication tactics
- Used obscene, profane, or other abusive language
|
|
Phone |
|
|
|
| 11/03/2023 |
Yes |
- Debt collection
- Credit card debt
|
- Written notification about debt
- Didn't receive enough information to verify debt
|
|
Phone |
|
|
|
| 10/30/2023 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt is not yours
|
|
Web |
|
|
|
| 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 |
|
|
|
| 09/19/2023 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt was result of identity theft
|
|
Web |
|
|
|
| 09/12/2023 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt is not yours
|
|
Web |
Older American |
|
|
| 09/12/2023 |
Yes |
- Credit reporting or other personal consumer reports
- Credit reporting
|
- Incorrect information on your report
- Account information incorrect
|
|
Web |
Older American |
|
|
| 08/21/2023 |
Yes |
- Debt collection
- I do not know
|
- Attempts to collect debt not owed
- Debt is not yours
|
|
Web |
|
|
|
| 06/22/2023 |
Yes |
- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
|
- Improper use of your report
- Reporting company used your report improperly
|
|
Web |
|
|
|
| 06/05/2023 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt is not yours
|
|
Web |
Older American |
|
|
| 06/01/2023 |
Yes |
- Debt collection
- Credit card debt
|
- Took or threatened to take negative or legal action
- Threatened to arrest you or take you to jail if you do not pay
|
|
Web |
|
|
|
| 05/22/2023 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt is not yours
|
|
Web |
|
|
|
| 11/18/2022 |
Yes |
- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
|
- Improper use of your report
- Credit inquiries on your report that you don't recognize
|
|
Web |
|
|
|
| 10/24/2022 |
Yes |
- Debt collection
- Credit card debt
|
- Written notification about debt
- Didn't receive enough information to verify debt
|
|
Web |
Servicemember |
|
|
| 09/17/2022 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt was result of identity theft
|
|
Web |
|
|
|
| 08/09/2022 |
Yes |
- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
|
- Problem with a credit reporting company's investigation into an existing problem
- Their investigation did not fix an error on your report
|
|
Web |
|
|
|
| 07/11/2022 |
Yes |
- Credit card or prepaid card
- General-purpose credit card or charge card
|
- Incorrect information on your report
- Account information incorrect
|
|
Web |
|
|
|
| 06/24/2022 |
Yes |
- Debt collection
- Credit card debt
|
- False statements or representation
- Impersonated attorney, law enforcement, or government official
|
|
Web |
Servicemember |
|
|
| 06/13/2022 |
Yes |
- Debt collection
- I do not know
|
- Written notification about debt
- Didn't receive enough information to verify debt
|
|
Referral |
|
|
|
| 04/19/2022 |
Yes |
- Debt collection
- Credit card debt
|
- Took or threatened to take negative or legal action
- Sued you without properly notifying you of lawsuit
|
|
Phone |
|
|
|
| 04/08/2022 |
Yes |
- Debt collection
- Credit card debt
|
- Written notification about debt
- Didn't receive enough information to verify debt
|
|
Web |
|
|
|
| 03/30/2022 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt was result of identity theft
|
|
Web |
|
|
|
| 02/03/2022 |
No |
- Debt collection
- Credit card debt
|
- False statements or representation
- Impersonated attorney, law enforcement, or government official
|
|
Web |
|
|
|
| 01/26/2022 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt was result of identity theft
|
|
Web |
|
|
|
| 01/17/2022 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt was result of identity theft
|
|
Web |
Servicemember |
|
|
| 11/12/2021 |
Yes |
- Debt collection
- Credit card debt
|
- Took or threatened to take negative or legal action
- Collected or attempted to collect exempt funds
|
|
Phone |
Older American |
|
|
| 10/11/2021 |
Yes |
- Debt collection
- Credit card debt
|
- Took or threatened to take negative or legal action
- Sued you without properly notifying you of lawsuit
|
|
Web |
|
|
|
| 07/24/2021 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt was result of identity theft
|
|
Web |
|
|
|
| 07/01/2021 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt was already discharged in bankruptcy and is no longer owed
|
|
Web |
|
|
|
| 06/03/2021 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt was result of identity theft
|
|
Web |
|
|
|
| 05/23/2021 |
No |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt was paid
|
|
Web |
|
|
|
| 05/23/2021 |
No |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt was paid
|
|
Web |
|
|
|
| 05/20/2021 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt was result of identity theft
|
|
Web |
|
|
|
| 05/02/2021 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt was result of identity theft
|
|
Web |
|
|
|
| 04/21/2021 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt was result of identity theft
|
|
Web |
|
|
|
| 03/23/2021 |
Yes |
- Debt collection
- Credit card debt
|
- Took or threatened to take negative or legal action
- Seized or attempted to seize your property
|
|
Web |
|
|
|
| 03/09/2021 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt was result of identity theft
|
|
Web |
|
|
|
| 03/09/2021 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt was result of identity theft
|
|
Web |
|
|
|
| 02/08/2021 |
No |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt was result of identity theft
|
|
Web |
|
|
|
| 01/25/2021 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt was result of identity theft
|
|
Web |
|
|
|
| 01/21/2021 |
Yes |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt was result of identity theft
|
|
Web |
|
|
|
| 11/25/2020 |
Yes |
- Debt collection
- Credit card debt
|
- False statements or representation
- Attempted to collect wrong amount
|
|
Web |
|
|
|
| 12/20/2019 |
Yes |
- Debt collection
- Credit card debt
|
- Written notification about debt
- Didn't receive enough information to verify debt
|
|
Phone |
|
|
|
| 09/12/2019 |
Yes |
- Debt collection
- I do not know
|
- Written notification about debt
- Didn't receive enough information to verify debt
|
|
Postal mail |
|
|
|
| 09/05/2019 |
Yes |
- Debt collection
- Credit card debt
|
- Written notification about debt
- Didn't receive enough information to verify debt
|
|
Postal mail |
|
|
|
| 06/11/2019 |
Yes |
- Debt collection
- Credit card debt
|
- Written notification about debt
- Notification didn't disclose it was an attempt to collect a debt
|
|
Phone |
|
|
|
| 04/09/2019 |
Yes |
- Debt collection
- I do not know
|
- Written notification about debt
- Didn't receive notice of right to dispute
|
|
Phone |
|
|
|
| 01/18/2019 |
Yes |
- Debt collection
- Credit card debt
|
- Communication tactics
- Frequent or repeated calls
|
|
Phone |
|
|
|
| 11/08/2018 |
Yes |
- Debt collection
- Credit card debt
|
- Took or threatened to take negative or legal action
- Sued you without properly notifying you of lawsuit
|
|
Phone |
|
|
|
| 09/19/2018 |
No |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt was paid
|
|
Postal mail |
|
|
|
| 05/26/2018 |
Yes |
- Debt collection
- Credit card debt
|
- False statements or representation
- Told you not to respond to a lawsuit they filed against you
|
|
Web |
|
|
|
| 05/10/2018 |
Yes |
- Debt collection
- Other debt
|
- Written notification about debt
- Didn't receive enough information to verify debt
|
|
Fax |
|
|
|
| 01/25/2018 |
Yes |
- Debt collection
- Credit card debt
|
- Written notification about debt
- Didn't receive enough information to verify debt
|
|
Postal mail |
|
|
|
| 12/24/2017 |
No |
- Debt collection
- Credit card debt
|
- Attempts to collect debt not owed
- Debt is not yours
|
|
Web |
|
|
|