Debt collection -- Attempts to collect debt not owed -- Complaint #8714222

Complaint Overview

Complaint ID: 8714222

Company: Encore Capital Group INC.

Product: Debt collection

Sub-Product: I do not know

Issue: Attempts to collect debt not owed

Sub-Issue: Debt is not yours

State: Texas

ZIP Code: 77584

Date Received: 2024-04-06T12:00:00-05:00

Date Sent to Company: 2024-04-06T12:00:00-05:00

Company Response: Closed with non-monetary relief

Timely Response: Yes

Consumer Disputed: N/A

Submitted Via: Web

Consumer Narrative

This Affidavit of Truth is made pursuant to Fair Credit Reporting Act as codified at 15 U.S. Code 1681 which stipulates that a consumer reporting agency must, if requested, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency of. a ) appropriate proof of the identity of the consumer ; b ) a copy of an identity theft report ; c ) the identification of such information by the consumer ; and d ) a statement by the consumer that the information is not information relating to any transaction by the consumer. 2. ) I, a consumer in fact, agree with The Congress Pursuant to 15 U.S. Code 1681 ( a ) ( 1 ) which concluded that the banking system is dependent upon FAIR and ACCURATE credit reporting. Unfair credit reporting methods undermine the confidence of the public, which is essential to the functioning of our banking system. However, you have acted unfair by reporting unverified and inaccurate information without investigating me about the alleged transactions, and only taking one side of the story. That doesnt sound fair. 3. ) I, a consumer in fact, agree with The Congress that youre nothing but an elaborate mechanism, developed to discriminate against me, based on the evaluation of my credit worthiness, character, and reputation Pursuant to 15 U.S. Code 1681 ( a ) ( 2 ). Congress is letting me know here that you truly are NOBODY. 4. ) Take Notice that Pursuant to 15 U.S. Code 1681 ( a ) ( 3 ), you have only assumed this vital role to evaluate my consumer report, without having any real authority or consent by the consumer to do so ; 5. ) Pursuant to 15 U.S. Code 1681 ( a ) ( 4 ), you have failed to exercise your grave responsibilities with fairness, impartiality, and a respect for my consumer right to privacy ; 6. ) Pursuant to 15 U.S. Code 1681 ( b ) consumer reporting agencies must adopt reasonable procedures for meeting the needs of commerce. Accuracy is about equity and must be equitable to the consumer. Must be fair on both sides, but you werent acting fair when in your initial investigation, you failed to contact me to ask about the alleged transactions, when I am the only individual with actual first-hand knowledge, but only decided to take one side of the story. Pursuant to The Fair Debt Collections Practices Act, the following proofs of claim are requested : 1. ) Proof of claim : The Alleged Lenders involved in the alleged loans, did not purchase the promissory note from the consumer, hereinafter the Alleged Borrower. If not rebutted, this statement stands as truth 2. ) Proof of claim : The Alleged Borrowers may repay the alleged loan with the same species of money as may be on the loan per GAAP, ending all interest and liens. If not rebutted, this statement stands as truth. A. Proof of claim : The Alleged Lender converted the Alleged Borrowers promissory note, accepting the Alleged Borrowers promissory note as money or like money to fund a check or similar instrument that the Alleged Lender then lent to the Alleged Borrower ( which has an economic effect similar to stealing, counterfeiting, and swindling. ) If not rebutted, this statement stands as truth. B. Proof of claim : The Alleged Lender has failed to follow Federal Laws 12 U.S.C. 1831n ( a ) ( 2 ) ( A ) and/or 12 CFR 741.6 ( b ) regarding General Accepted Accounting Principles and Generally Accepted Auditing Standards concerning this loan. If not rebutted, this statement stands as truth. C. Proof of claim : The Alleged Borrower truly provided the money, transfer of funds money equivalent, credit, funds, capital, or thing of value, and they pursued to securitize it! If not rebutted, this statement stands as truth. Please provide me with the below mentioned items : * The amount you claim the Principal owes you. * IRS Documents such as 1099a, 1099c and any other IRS forms filled out on my behalf without my knowledge. * Full accounting ledger. * All legal documents. * An explanation showing me how you have computed the amount. * Copies of any documents that prove I agreed to pay the alleged amount. * The identity of the original creditor. * Confirmation that the account has not crossed the statute of limitation ( SOL ) period. * Evidence that you are a licensed debt collector. * Evidence of your license numbers and your registered agent. FACTS ON THE MATTER : 1. Fact, I so invoke nunc pro tunc, Pursuant to 15 U.S.C. 1681a ( c ) declare that I am that I am, the consumer in fact, natural person, creditor, lender, executor, administrator, holder in Due course of any and all derivatives thereof for the surname/given name and have been appointed and accepted being the executor both public & private for all matter proceeding, and I hereby claim that I will autograph as the agent, attorney in fact, and I furthermore Demand that you correct your reporting. 2. Fact, Pursuant Title 15 USC 1681a ( d ) ( 2 ) ( A ) ( I ) - Congress makes it clear that a consumer report should NOT include transactions between the consumer and the person making the report. This alleged transaction that you are reporting, and failed to investigate, whether or not it factually took place, can be categorized as a transaction that took place between the consumer, and the person making the report. Which means it should not be included in my consumer report, and in fact is a VIOLATION of my consumer right. XXXX. It is a Fact that Pursuant Title 15 USC 1681a ( d ) ( 2 ) ( A ) ( III ) - In your initial investigation I was never given the opportunity to deny this information being communicated on my consumer report. This is in fact another violation. 4. It is a Fact that Pursuant Title 15 USC 1681a ( e ) - The production of an " investigative consumer report '' involves obtaining information about a consumer 's character, reputation, personal characteristics, or lifestyle through personal interviews with their neighbors, friends, associates, or others who may have knowledge of the consumer. This information is used to form a report that provides a comprehensive understanding of the consumer. 5. Fact, I the consumer, original creditor do so extend my open ended credit on file to eliminate any verified debt, all valid debt must be verified and documented on record by wet ink signature, so be it, and ; 6. Fact, that I by this notice and demand declare I have no verified evidence for certified mailings, and again for the record, I have absolutely no knowledge of the alleged debts listed on your website, company records, or any and all derivatives therefore, of, and/or with any affiliates or agencies acting as a real party or a third party interlopers, I again state I have no knowledge of this indirect, unverified, debt, so be it, and ; XXXX. Fact, I am an eyewitness to the information by allegations against my name being incorrect, and I demand the documented verification of any and all derivatives for an alleged debt for any such debts alleged to be mine the consumer in fact, so be it, and ; XXXX. I do not know any of the alleged creditors and debt collectors, so be it, and ; 9. I never sat across a table from any of the alleged creditors and debt collectors and never entered into a contract with any receiving a meeting of the minds, so be it, and ; 10. Fact, I know that no valid direct verified contracts exist with me and another party by wet ink signature, I know that any attempt to collect a debt is actually alleged indirect action, please verify and document all verifications, accordingly, so be it, and ; 11. Fact, all allege contracts are completely fraudulent and the attempt to enforce a fraudulent contract is unlawful due to the contract being created through the illegal activity of identity theft and power of attorney fraud, so be it, and Demand that you stop sending me fraudulent bills and ; 12. Fact, my request to block information that is fraudulent, and a result of identity theft was not done in error. 13. Fact, my request to block information was not a material misrepresentation. 14. Fact, I never benefited or obtained goods, services, or money from the alleged transactions. 15. Fact, Pursuant to FCRA 605B & 15 USC 1681 c-2, when a block imposed by a consumer reporting agency is rescinded, any information present in the consumer 's file prior to the block can not be considered as proof of the consumer 's knowledge or expectation of obtaining goods, services, or money due to the block. 16. Fact, please show good faith in this matter by expediting the securing of the alleged information listed on your sight in order to avoid me receiving further injury, damages, mental anguish, and losses due to me being a victim of identity theft, so be it, and ; 17. Fact, In order to ensure a thorough investigation is conducted, it is important to gather as much information as possible from a variety of sources. This includes obtaining full names and addresses of all individuals interviewed, as well as a detailed account of what was said during the interviews. Additionally, it is important to confirm the method used to verify the information obtained during the interviews, as this helps to ensure the accuracy and reliability of the information included in the report. 18. Fact, It is also important to note that the Fair Credit Reporting Act ( FCRA ) regulates the production of consumer reports, including investigative consumer reports. The FCRA sets strict guidelines for the information that can be included in a consumer report, as well as the methods used to obtain that information. Under the FCRA, companies producing consumer reports are required to conduct a reasonable investigation and to provide consumers with a copy of the report if requested. They must also provide the consumer with information about the sources of the information included in the report. 19. Fact, the production of an investigative consumer report requires a thorough investigation to ensure the accuracy and reliability of the information included in the report. The FCRA provides the legal framework for the production of consumer reports and helps to ensure that consumers are protected against the dissemination of inaccurate or incomplete information. 20. Fact, I am sure the removal of my information from your website, company records, or any and all derivatives therefore, of, and/or with any corporate affiliates like XXXX XXXX XXXX XXXX XXXXo ensure my privacy rights wont be violated again due to my lack of consent and this herein unrebutted affidavit of truth being serviced to you today and therefore, standing as truth in commerce, or I will be compelled to take legal steps against you for the below mentioned reasons ( Violation of the Fair Credit Reporting Act ( F.C.R.A. ) ; Violation of the F.D.C.P.A. ; Defamation of character ; Use of my copyrighted property ), so be it, and ; 21. Fact, I am not a debtor. 22. Fact, A copy of consumer contract is not sufficient evidence to validate a debt. ( ReferenceXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. Fact, natural person defined see 15 U.S.C. 1692a ( 3 ) The term consumer means any natural person obligated or allegedly obligated to pay any debt., so be it, and ; 24. Fact, natural person defined see 15 U.S.C. 1692a ( 4 ) The term creditor means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another, so be it, and ; 25. It is a fact that Credit is defined in 15 USC 1602 ( f ) as The term credit means the right granted by a creditor to a debtor to defer payment of debt or to incur debt and defer its payment ; 26. Fact, as an executive of a Private U.S. Estate any fractional notes, certificates of deposit, bills, checks, or drafts for money drawn or authorized by my signature as an authorized officer of the United States IS an obligation of the UNITED STATES to settle ; not mine! 27. Fact, that according to the congressional findings in 15 USC 1692 on Abusive Practices it states that There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy ; I believe that my privacy is being violated by your company, and ; XXXX XXXX XXXX XXXX an amendment to Regulation F, which implements the FDCPA, says that a debt collector can't report a debt to the three major credit reporting agencies, XXXX XXXX XXXX XXXX before first contacting the consumer ; XXXX. Fact, Actual damages are not capped at { {$1000.00} }. ( XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ) XXXX. Fact, If this affidavit is not rebutted point for point by a duly qualified representative of Consumer Reporting Agency at any level, in any manner, at any time within ( 5 ) five days upon receipt, these facts are proven and confirmed as true. I hereby Demand! That you BLOCK AND REMOVE the following accounts from my consumer file. Take further notice that your failure to follow these laws and meet my demands will result in holding your company civilly and criminally liable and invoking specified remedies under Title 15 including but not limited to FCRA violations, TILA violations, FDCPA violations, and I will seek reimbursement for all my damages. Any man or woman responding to this affidavit will answer in the manner of this affidavit, using your XXXX or family name for signature, and mailing it to the below named notary, address provided, within five ( 5 ) days, or default will be obtained. If more time is needed to respond to this request, it must be requested in writing within five ( 5 ) days of receipt. MAXIMS OF LAW 1. In Commerce- Truth is sovereign. 2. For a matter to be resolved, it must be expressed. XXXX. Point of Law : Silence equates to an agreement. Further Affiant sayeth not. TERMS DEFINED PURSUANT TO 15 U.S. CODE 1681a 1. The term consumer means an individual. 2. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility 3. The term investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumers credit record obtained directly from a creditor of the consumer or from a consumer when such information was obtained directly from a creditor of the consumer or from the consumer. XXXX. The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. 5. The term person means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity. You have 4 business days from the receipt of this notice to block and remove all fraudulent items and remarks from my consumer file or I may seek damages Pursuant to 15 U.S. Code 1681m. Additionally, I DO NOT consent to any automated scan response or e- Oscar verification methods. CERTIFICATION I certify under penalty of perjury under the laws of the United States of America pursuant to 28 USC 1746 ( 1 ) that the foregoing is true and correct. Validation Request Pursuant to Fair Debt Collection Practices Act ( 15 USC 1692g ) I am writing to dispute the validity of the debt you have claimed I owe and to request validation of said debt as per my rights under the Fair Debt Collection Practices Act ( FDCPA ), specifically 15 USC 1692g. I do not acknowledge any legal obligation to pay the debt as asserted by your agency until competent evidence is provided to validate its existence and ownership. I am not requesting mere verification or proof of my mailing address, but a thorough validation of the debt, as required by law. Please be advised that any negative reporting of invalidated information to XXXX, XXXX, or XXXX XXXX constitute fraud under Federal and State Laws. Should such reporting occur, I reserve the right to take legal action against both your agency and your client for violations of the Fair Credit Reporting Act, Fair Debt Collection Practices Act, and defamation of character. To properly validate the debt, I request the following information within 30 days of your receipt of this letter : The amount of the debt being claimed. The name and contact information of the original creditor to whom the debt is owed. Verification or copies of any documents pertaining to the debt, including the original contract, statements of account, and any agreements signed by me. Proof that your agency is licensed to collect debts in my state. A statement indicating that if I dispute the debt within 30 days of receipt of your validation, you will provide verification of the debt or a copy of any judgment against me. Additionally, I request the completion of the following CREDITOR/DEBT COLLECTOR DECLARATION to Include the list of items requested in the declaration. Please provide the name and address of the bonding agent for your agency in case legal action becomes necessary.Failure to provide the requested validation and documentation within 30 days will result in all references to this account being deleted and removed from my credit file. A copy of such deletion request shall be sent to me immediately. I kindly request your compliance with this validation request as required by law.

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