Debt collection -- False statements or representation -- Complaint #4945465

Complaint Overview

Complaint ID: 4945465

Company: Citibank, N.A.

Product: Debt collection

Sub-Product: Other debt

Issue: False statements or representation

Sub-Issue: Attempted to collect wrong amount

State: Texas

ZIP Code: 76053

Date Received: 2021-11-25T12:00:00-05:00

Date Sent to Company: 2021-11-25T12:00:00-05:00

Company Response: Closed with explanation

Timely Response: Yes

Consumer Disputed: N/A

Submitted Via: Web

Consumer Narrative

I am XXXX XXXX and I am submitting this complaint myself and there is no third party involved. Pursuant to 15 USC 1692a ( 6 ), Citigroup XXXX XXXX CitiBank N.A. is a debt collector. I, XXXX XXXX, consumer, natural person, and original creditor of an open-end consumer credit plan for account ending in XXXX, have been violated by Citigroup XXXX XXXX CitiBank N.A. pursuant to several federal consumer protection laws. I sent a tender/money order on XX/XX/2021 pursuant to 12 CFR 204.2, U.C.C. 3-601, U.C.C. 3-603, U.C.C. 3-604, U.C.C. 3-311. Citigroup XXXX XXXX CitiBank N.A. did not adjust my account in accordance with the tender sent nor did they send proper notification that they dishonored my tender. In response, on XX/XX/2021, I sent a Notice of Default and Opportunity to Cure to CitiBank 's payment center address and a Notice of Default and Opportunity to Cure to CitiBank 's Corporate Headquarters ATTN the CFO XXXX XXXX, giving them the opportunity to send confirmation that my account/open end credit plan had been adjusted in accordance with the tenders in full settlement of the alleged obligation sent on XX/XX/2021 or send a Notice of Dishonor to allow me to cure any defects. Citigroup XXXX XXXX CitiBank N.A. failed to do either and continued to attempt to collect the disputed alleged obligation and report to third party reporting agencies while ignoring my dispute. I decided to give Citigroup XXXX XXXX CitiBank N.A. XXXX more chance in a good faith attempt to obtain satisfactory resolution of a disagreement or problem relative to the transaction from the person honoring the credit card. I sent a Affidavit of Truth on XX/XX/2021 to Citigroup XXXX d/b/a CitiBank N.A., with seven ( 7 ) attached exhibits, to give them an opportunity to rebut the statements of truth-in-fact on the alleged debt they are still attempting to collect for the account number ending in XXXX. The statements of truth-in-fact regarding violations are as followed ( I have attached every supporting document/exhibit listed in this Affidavit of Truth to this complaint ) : 1.Fact, The Affiant is the Genuine Creditor 2.Fact, You are the Debtor 3.Fact, You are a debt collector pursuant to 15 U.S. Code 1692a ( 6 ) 4.Fact, The Affiant sent Exhibit B via Exhibit C to Citi Bank XX/XX/2021 5.Fact, In Exhibit F, You have lowered Affiants credit limit on the account ending in XXXX with no authority to authorize such action in association with Affiants credit card or any account associated with Affiants open end consumer credit plan. Unauthorized use is described in U.S. Code 1602 ( p ) 6.Fact, following the actions stated in line 5, In Exhibit G, You are violating Affiants rights as a consumer pursuant to 15 U.S. Code 1692d ( 1 ) - use of criminal means to harm the reputation of Affiants person. 7.Fact, following the actions stated in line 6, In Exhibit G, You are violating Affiants rights as a consumer pursuant to 15 U.S Code 1681a ( 2 ) ( A ) ( iii ). Affiant was not given the opportunity to opt-out of having this reported information about account ending in XXXX not being reporting on Affiants Consumer Report and File. 8.Fact, following the actions stated in line 6, In Exhibit G, You are Violation Affiants rights as a consumer pursuant to U.S. Code 1681b ( 2 ). Affiant never gave You written instructions to furnish or report the account ending in XXXX to any third party. 9.Fact, In Exhibit A You are violating Affiants rights as a consumer pursuant to 15 U.S. Code 1692j ( a ) furnishing certain deceptive forms 10.Fact, In the initial correspondence, Exhibit A, You are violating Affiants rights as a consumer pursuant to 15 U.S. Code 1692e ( 11 ) failure to disclose that you are attempting to collect a debt 11.Fact, In Exhibit A and Exhibit F, You are violating Affiants rights as a consumer pursuant to 15 U.S. Code 1692b ( 5 ) and 15 U.S. Code 1692f ( 8 ) using language or symbols on the envelope and in the contents of the communication that indicates you are in the debt collection business 12.Fact, In Exhibit A, You are violating Affiants rights as a consumer pursuant to 15 U.S. Code 1692e ( 2 ) ( A ) the false representation of the legal status of this alleged debt 13.Fact, You have acted in dishonor by not applying my deposit, Exhibit B, defined in 12 CFR 204.2, which violates FDIC regulations 14.You have acted in dishonor by not honoring Exhibit B, pursuant to Public Law 73-10 and Uniform Commercial Code 3-603 Citigroup XXXX d/b/a CitiBank N.A. did not respond to nor rebut my statements of fact, have continued to report to third party reporting agencies, and have continued attempts to collect the disputed alleged obligation. In their continued attempts to collect the disputed alleged obligation, Citigroup XXXX XXXX CitiBank N.A. repeatedly violated SEVERAL of my federally protected rights as a consumer in every communication with me. In response to the abuse and violations and the continued disregard to my good faith attempt to obtain satisfactory resolution of a disagreement or problem, pursuant to 15 USC 1692c ( c ), I sent a Cease and Desist demand to Citigroup XXXX d/b/a CitiBank N.A. on XX/XX/2021 with three ( 3 ) exhibits containing each violation I found labeled and highlighted, as well as an attached invoice for the violations pursuant to 15 USC 1692k and 15 USC 1681n. In addition, pursuant to 15 USC 1692c ( c ) ( 2 ), I invoked my specified remedy as a consumer, natural person, and the ORIGINAL creditor and demanded the following : 1. Zero out the balance on this account 2. Apply a permanent credit to XXXX XXXX XXXX open end consumer credit plan account ending in XXXX in the amount of {$10000.00} 3. Pay the invoice attached for breach of violations and damage sustained in the attached exhibits. Citigroup XXXX XXXX CitiBank N.A. received the Cease and Desist, exhibits with violations, and invoice, on XX/XX/2021, as verified by the USPS green return receipt returned to me. Still, Citigroup XXXX XXXX CitiBank N.A. has continued to attempt to collect the alleged obligation and report to third party reporting agencies while ignoring my dispute and cease and desist, therefore continuing to violate my federally protected rights. They recently furnished a late payment to third party reporting agencies AFTER ignoring my good faith attempts to obtain satisfactory resolution of a disagreement or problem which is a violation of the Cease and Desist pursuant to 15 USC 1692k, and This adverse action was a failure to comply with the correction of billing error. This individual act by Citigroup XXXX XXXX CitiBank N.A. forfeits their right to collect any disputed amount indicated by the obligor and any finance charges thereon, except that the amount required to be forfeited under this subsection may not exceed {$50.00} pursuant to 15 U.S. Code 1666 ( e ). Adverse reporting includes any reporting toward the payment history, utilization rate, collection status, etc. that causes injury to my credit score pursuant to 12 CFR 1026.13 ( d ) ( 2 ) and 15 U.S. Code 1666a ( a ). I have been continually violated by Citigroup XXXX d/b/a CitiBank N.A., pursuant to 15 USC 1692 and 15 USC 1681, a total of 10 times regarding the account ending in 5145 in the attached exhibits ( not including repeated violations in the attached exhibits ), and Citigroup XXXX d/b/a CitiBank N.A XXXX is civilly and criminally liable for the damages I have sustained as a consumer, natural person, and original creditor of an open-end consumer credit plan for account ending in XXXX.

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