Debt collection -- Attempts to collect debt not owed -- Complaint #10832915

Complaint Overview

Complaint ID: 10832915

Company: Monterey Financial Services LLC

Product: Debt collection

Sub-Product: I do not know

Issue: Attempts to collect debt not owed

Sub-Issue: Debt is not yours

State: Florida

ZIP Code: 33060

Date Received: 2024-11-17T12:00:00-05:00

Date Sent to Company: 2024-11-17T12:00:00-05:00

Company Response: Closed with explanation

Timely Response: Yes

Consumer Disputed: N/A

Submitted Via: Web

Consumer Narrative

MONTEREY COLLECTION SV XXXX XXXX XXXX XXXX XXXX XXXX CA XXXX NOTICE OF DISPUTE ; DEMAND FOR VALIDATION AND PROOF OF CLAIM To Whom it May Concern Your company is illegally trying to collect and is furnishing false items that violates my consumer rights and FDCPA and FCRA. Be advised that your claim is disputed. Debt validation has to be provided in accordance with the Fair Debt Collection Practices Act, 15 USC {$1600.00} and as amended by adding the following new Title 8 US {$800.00} et seq., and the Fair Credit Billing Act, 15 USC. {$1600.00} et seq. All of which work in conjunction with each other, including the Truth In Lending Act ( TILA ) 15 USC 1601 et seq. It is not now, nor has it ever been, my intention to avoid paying any alleged obligation that is lawfully owed by the Claimant. In order to make arrangements to pay an obligation which may be lawfully owed, please document and verify the " debt '' by complying, in good faith, with this request for validation and return it to me, within thirty ( 30 ) days of receipt of this letter. This is was NOT a request for " verification '' or proof of Claimant mailing address or copies of bank statements you could find, but a request for VALIDATION and PROOF OF CLAIM made pursuant to the above named Titles and Sections. I respectfully request that your offices provide Claimant with competent evidence as per the attached " Declaration and Proof of Claim '' that I have any legal obligation to pay you the unsubstantiated alleged debt. Furthermore you shall cease all verbal communication. No phone calls to the Claimant. At this time I will also inform you that if your offices have reported invalidated information to any of the XXXX major Credit Bureaus, such as, XXXX, XXXX and XXXX prior to validation and proof of claim of the disputed debt, this action might constitute fraud under both Federal and State Laws. Due to this fact ; if any negative mark is found on any of Claimant 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 - Violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341 ( Mail Fraud ) This debt is considered to be invalid and all collection of this alleged account be stopped until I receive proper validation and your offices provide Claimant with proof of claim of the disputed debt. Your offices have 30 days to produce the required documentation in accordance with FTC guidelines. During this validation period and proof of claim, if any action is taken which could be considered detrimental to any of Claimant credit reports, said action will be considered a " dishonor '' and cause the self-executing contract portion of this notice to be implemented. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated. If your offices fail to respond to this validation and proof of claim request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from Claimant credit file and a copy of such deletion request shall be sent to Claimant immediately. Title 8 USC {$800.00}. Validation of debts [ 15 USC 1692g ] ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. XXXX XXXX XXXX XXXX : VERIFICATION. Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition. RULING 1002 - Requirement of the original An original writing, recording, or photograph is required in order to prove its content unless these rules or a federal statute provides otherwise. Counter Claim with Self-executing Contract If Respondent, such as by commission, omission, and otherwise : ( a ) Fails to provide VALIDATION and PROOF OF CLAIM within thirty ( 30 ) days ; ( b ) Makes a false representation of the character of the herein above-referenced alleged debt ; ( c ) Makes a false representation of the legal status of the herein above-referenced alleged debt ; ( d ) Makes any threat of action that can not legally be taken, in violation of any applicable law, such as, the law codified at the Fair Debt Collection Practices Act, will be construed to be Respondent 's tacit acceptance of the terms and condition stated herein. In which case RESPONDENT agrees to : ( e ) Voluntarily report this account to all credit bureaus as " paid as agreed ; '' and, ( f ) Voluntarily waive all claims against Claimant, their Agent or Heirs with prejudice ; and, ( g ) The matter regarding the alleged debt is finally and totally settled ; and, ( h ) Voluntarily admits the Claimant is the depositor for this account, that Respondent risked none of their assets at any time regarding this account and that they failed to disclose these material facts to Claimant ; and, ( i ) Voluntarily report the date of last activity on this account is the date of this notice. Furthermore, RESPONDENT 'S failure to " Cease and Desist '' in accordance with the requirements of the FDCPA and other related law, and/or satisfy the above " terms and conditions, '' its a XXXX for each violation. This is a private communication and is intended to affect an out-of-court settlement of this matter. Conduct yourself accordingly. Should any provision on this agreement be found to not be enforceable by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become enforceable. " Equality under the Law is PARAMOUNT and MANDATORY by Law ''

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