Product: Debt collection

CFPB Complaint : Dispute of Alleged Debt Collection - Reference # XXXX To : XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX Date : XX/XX/scrub>XXXX XXXX XXXX  Subject : Formal Dispute and Cease and Desist Request Regarding Alleged Debt Reference # XXXX and XXXX XXXX, XXXX Dear Sir/Madam, This letter serves as formal notice that I, XXXX XXXX XXXX , dispute the alleged debt referenced above, and I demand that all communications and collection activities related to this matter cease immediately. Upon thorough review of your correspondence, I believe your actions may violate several laws under the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692 et seq., as well as other applicable federal statutes. 

Violation of XXXX XXXX Laws 1. Improper Assignment of Debt ( 812 ( a ) ) The letter you provided names XXXX XXXX XXXX XXXXXXXX. as the original creditor. However, based on my records, it appears that XXXX XXXX no longer holds ownership of this debt. If the debt has been transferred or sold to your agency, your attempts to collect without disclosing the proper legal ownership create a false impression that XXXX XXXX is still actively involved. This violates 15 U.S.C. 1692e and 812 ( a ).

2. Failure to Provide Proof of Agreement and Authorization Your agency is required under the FDCPA to demonstrate clear evidence of its legal authority to collect this debt. I demand that you provide a copy of the original signed agreement or contract, complete with my wet ink signature, that authorizes you to collect on the alleged debt. Furthermore, your attempt to collect without providing proof of authorization raises serious concerns regarding your legal right to enforce collection. Under the FDCPA, you are obligated to cease all activities unless you can provide sufficient proof of authorization.

3. Debt is Likely Written Off or Inactive Due to Transfer According to my understanding and the credit reporting by XXXX XXXX, these debts are being reported as written off on their end. This suggests that XXXX XXXX either filed a XXXX regarding the debt or securitized the receivables as asset-backed securities, transferring the debt to a trust, as described in their prospectus. Either scenario renders the alleged debt inactive and no longer collectible. If XXXX indeed filed a XXXX or transferred the receivables, this would indicate that the debt is legally discharged and that the collection agency no longer has standing to pursue it.

Demand for Immediate Action 1. Cease All Collection Activities I demand that you immediately cease all collection activities, including phone calls, letters, or any other form of communication, regarding this alleged debt. If you fail to do so, I will file complaints with the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), and other relevant authorities for harassment.

2. Provide Proof of Debt and Legal Ownership If you intend to pursue this matter further, you must provide the following within 30 days : Documentation proving the validity of the alleged debt, including the original signed agreement with my wet ink signature ; Evidence that you are legally authorized to collect this debt, and that you have a legitimate assignment from XXXX XXXXXXXX XXXX XXXXXXXX. ; A full accounting of the alleged amount owed, including itemized charges, interest, and fees. 
3. Verification of Debt Transfer I further request that you provide proof that this alleged debt has not been discharged by XXXX XXXX, either through a XXXX filing or through its transfer as asset-backed securities. Please also confirm the current status of the alleged debt, including any credit reporting actions taken by XXXX XXXX.