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NOTICE OF CONDITIONAL ACCEPTANCE NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT This Notice of Conditional Acceptance is being sent in response to your correspondence on XX/XX/XXXX via the CFPB. Due to the fact of you, VANZ LLC, attempting to collect a debt, you are a debt collector according to the FDCPA, and the CFPB is the proper forum for this matter due to VANZ , LLC and XXXX currently engaging in debt collection activities against me that are invalidated. I never instructed you to purchase the alleged debt nor have I given you consent to file a claim against me which is a violation of FDCPA. Neither you, VANZ LLC and XXXX are victims in this matter due to the fact you both have acted as Co-Conspirators in the scheme of coercing and intimidating me into paying a debt that I do not LAWFULLY owe which is a violation of 18 U.S.C. 241. You stated that you, the alleged creditor VANZ LLC, did not send me any correspondence prior to filing a lawsuit against me for the alleged debt which is a violation of the Fair Debt Collection Practices Act. If VANZ , LLC would have properly notified me of the alleged debt prior to filing a lawsuit with XXXX then I could have sent notification of dispute that the debt was invalid and the result of identity theft. VANZ LLC has failed to properly and procedurally validate the alleged debt pursuant to the Fair Debt Collection Practices Act. According to the FDCPA, validation requires presentment of the account and general ledger statement signed and dated by the party responsible for maintaining the account which VANZ LLC and XXXX has failed to do. I responded to XXXX initial debt collection notice sent to me on XX/XX/XXXX and sent notice of dispute on XX/XX/XXXX and requested the alleged debt be validated pursuant to the FDCPA. XXXX responded by sending me a pile of statements as verification of the alleged debt. Through the response received from XXXX, both VANZ LLC and XXXX have violated 15U.S.C.1692j ( a ) because your company furnished a deceptive form to create a false belief that I lawfully owe the alleged debt that you are attempting to collect. Pursuant to 15 U.S.C. 1692j ( b ), any person who violates the above-mentioned section shall be liable to the extent as mentioned under 15 U.S.C. 1692k, i.e. {$1000.00} USD. On XX/XX/XXXX I sent another notice of dispute, Cease and Desist Notice and once again requested the alleged debt be properly validated which XXXX has failed to do. On XX/XX/XXXX XXXX filed a lawsuit against me for this alleged debt that has not been validated which is a violation of the FDCPA and abuse of process. On XX/XX/XXXX, I sent a 3rd notice of dispute requesting validation, cease and desist notice, copy of identity theft report as proof that I do not lawfully owe the alleged debt and copy of notice from the original creditor XXXX XXXX XXXX XXXX stating they have ceased all collection activity for the alleged debt, removed the reporting of the account from the Consumer Reporting Agencies and will not sell the debt to any third party for collection, which have been ignored by both VANZ LLC and XXXX. All of my notices of dispute and identity theft have been ignored by both VANZ LLC and XXXX until I filed my complaints through the CFPB. Your assumption that my notices of dispute were generated from the internet are false and constitute deceptive and misleading statements which is a violation of the FDCPA. Regardless of how you felt my disputes appeared to you it does not negate the fact that you are required to properly investigate my claim and cease all collection activity until the alleged debt is verified in accordance with the FDCPA and said validation is sent to me. Any collection attempts against me without validating the alleged debt constitutes as harassment, defamation of character, creating a false public record by use of mails and wire communications, with intent to to obstruct lawfully communicated information, and are subject to to liability for damages, as well as statutory damages, including any and all legal costs, or fees incurred for each violation.
Additionally, You have admitted to your failure to not bring forth Proof of Claim in support of a clean hands doctrine, full disclosure, good faith dealing pursuant to the FDCPA as it may apply to your presentment in regards to the alleged debt mentioned herein. Both VANZ LLC and XXXX have made false statements that are public record prima facie evidence of fraud against me and fraud upon the court. Litigants are expected to investigate their claims before filing a complaint so that they have a basis at the outset to make particularized factual allegations in the complaint. Both VANZ LLC and XXXX have breached their duty by failing to properly investigate my disputes, filing a false suit, where multiple named Counter-plaintiffs were non-existent or forfeited entities, and no contract existed between the named parties. Additionally, you have violated the GLBA by sharing my nonpublic personal information with third parties without my consent which has caused me mental and emotional distress.
By this notice, debt collector and/or alleged creditor VANZ LLC , including its/their principals, agents, assignees, employees, shall comply with the provisions of the Privacy Act of 1974, as lawfully amended at [ 12 U.S.C. 3401 ], the Right to Financial Privacy Act of 1978, as lawfully amended at [ 5 U.S.C. 552a ], and the Third Party Summons Act special procedures [ 26 U.S.C. 7609 ], for assisting me in keeping inviolate certain constitutionally protected privacy rights and guarantees, and from preventing encroachment thereon.
You, VANZ LLC have stated that authorization was given to XXXX to dismiss the lawsuit yet I have not received any notice of dismissal and/or withdrawal as of XX/XX/XXXX. I am in receipt of your mutual stipulation of dismissal and in my continued good faith efforts to settle this matter amicably, I conditionally accept your offer for mutual dismissal, without accepting liability, however I require the following conditions to be accepted : Compensation in the amount of {$2500.00} USD.
Confidential settlement agreement under Federal Rule of Evidence 408.
I am requesting a prompt response otherwise I will have to petition the court for a continuance of the trial date for me to retain counsel.
If my demands are not met I will escalate this matter to Federal Complaint, report your violations to the FTC, XXXX XXXX XXXX XXXX XXXX XXXX XXXX, the Department of Justice and file XXXX charges.
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On XX/XX/XXXX I sent notice to XXXX to inform that I have become a victim of identity and the fraudulent account from XXXX XXXX XXXX XXXX being reported must be removed. On or about XX/XX/XXXX I received notice from XXXX that the fraudulent account from XXXX XXXX XXXX XXXX has been removed from my XXXX consumer report. On XX/XX/XXXX I received notice from XXXX XXXX XXXX XXXX confirming the fraudulent account has been removed, blocked and wouldn't be subject to further collection actions. On or XX/XX/XXXX I received a collections notice from VANZ , LLC and their intent to pursue further collection actions for the fraudulent account from XXXXXXXX XXXX XXXX XXXX that has already been verified as the result of identity theft. I sent a Cease and Desist notice to VANZ , LLC on XX/XX/XXXX to once again inform them that I am a victim of identity theft and do not owe a debt for the fraudulent account. While the fraudulent account appeared on my consumer report I suffered injuries; such as denial of credit, adverse actions, harassment, discrimination, discouragement and Defamation of Character. Pursuant to 12 CFR Part 1022 Subpart M 1022.120 1022.129, VANZ , LLC is in violation by not responding to my notice of Identity theft.
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