Product: Debt collection

Subject : Formal Complaint Regarding Egregious Misconduct and Demand for Accountability - CFPB Case # XXXX To Scott & Associates , I am writing to express my profound outrage and disgust at your deceptive and dismissive response to my complaint concerning your reprehensible conduct in Case No. XXXX. Your response, filed through the Consumer Financial Protection Bureau ( CFPB ), is a blatant attempt to obfuscate your egregious actions and evade accountability for the harm you have caused. I will not allow you to escape the consequences of your misconduct. Your actions demonstrate a pattern of deceit, negligence, and a profound disregard for both federal and state laws governing debt collection practices. 
Unmasking the Calculated Deception : * Motion for Default Judgment After Case Dismissal : Your silence on the decision to submit a Motion for Default Judgment after the case was dismissed speaks volumes about your intentions. This was not a mere oversight or " calendar error '' ; it was a calculated maneuver to manipulate the legal system and prejudice my case. The fact that this motion, signed by attorney XXXX XXXX, was submitted on XX/XX/year>, well after the initial hearing on XX/XX/year>, further exposes this deception. To ensure the integrity of this information, I demand a verifiable and tamper-proof timestamp from your internal systems or electronic filing records. I also require the name of the individual who submitted the motion. Any discrepancies or inconsistencies regarding this timestamp will be viewed as further evidence of your deceptive practices. I demand a full and transparent explanation, addressing the following : * If this was not a deliberate attempt to mislead the court, then what was the intent behind this action? Please provide a detailed and logical explanation, supported by evidence from your internal records and communications. 
* Who authorized the submission of this motion after the case was dismissed? Provide the full name and title of the individual ( s ) responsible, along with any documentation authorizing this action. 
* Reconstruct the internal discussions and deliberations that led to this decision. Were these discussions documented in any way ( e.g., emails, memos, case notes )? If so, provide copies of this documentation. 
* Do you believe this conduct aligns with the ethical standards of the legal profession? Explain your position with specific reference to the relevant sections of the Texas Disciplinary Rules of Professional Conduct.

* Provide any and all documentation related to the decision to file this motion, including internal communications, drafts of the motion, and any supporting evidence.

* False Claim of Non-Response : Your audacity in denying the fabrication of my non-response to the lawsuit is an insult to the integrity of the legal process. Your empty denials can not erase the documented proof I have provided, which clearly demonstrates your blatant misrepresentation to the court. I demand a clear and unambiguous explanation for the following blatant contradiction : The case was dismissed on XX/XX/year>, yet you submitted a Motion for Default Judgment to the court on XX/XX/year>, and, more importantly, this motion, signed by attorney XXXX XXXX, falsely asserted that I failed to answer your original complaint. These actions are fundamentally incompatible with the notion of a case dismissal and expose a deliberate attempt to mislead the court and prejudice my rights. This inconsistency can not be explained away by mere oversight or " calendar error. '' I demand a comprehensive and detailed account of the specific actions you took to ascertain my response, including : * Exact dates and times : Provide the precise date and time you allegedly attempted to confirm my response. 
* Methods of verification : Specify the exact methods used to verify my response ( e.g., accessing court records, contacting the court clerk, utilizing an online portal ). If you accessed court records, provide specific details about how this was done, including any login information or timestamps associated with accessing the records.

* Personnel involved : Identify all individuals involved in this verification process, along with their roles and contact information. 
* Documentation : Provide any and all documentation related to your attempts to verify my response, including emails, letters, internal memos, or any other relevant records. 
Exposing the Inexcusable Negligence and Disregard for Rules : * " Calendar Error '' Farce : The notion that missing not XXXX, but XXXX crucial court hearings was due to a " calendar error '' is a preposterous and insulting excuse. This demonstrates a pattern of gross negligence and incompetence that can not be tolerated from officers of the court. I demand a detailed explanation of your calendaring system, including : * Provide a chronological account of how the alleged " calendar errors '' occurred, including specific dates, times, and individuals involved in each instance. Include screenshots or other documentation of these errors within your calendaring system. 
* Describe in detail the system used to record and track court dates and deadlines. Include information about the software, procedures, and personnel responsible for maintaining this system. Provide copies of any relevant manuals, training materials, or internal policies. 
* Explain how these alleged " errors '' went undetected, despite your firm 's responsibility to diligently manage legal deadlines and court appearances. Detail the specific oversight mechanisms in place to prevent such errors and how they failed in this instance. 
* Detail the specific steps taken to rectify these alleged " errors '' after they were discovered. Include dates, times, and descriptions of any corrective actions taken. Provide documentation of these corrective actions, such as emails, memos, or internal reports. 
* Explain whether any disciplinary actions were taken against those responsible for the calendaring errors. If so, provide details of the disciplinary actions, including the nature of the disciplinary measures, the individuals involved, and the rationale for the chosen disciplinary actions. 
* Outline a comprehensive plan to prevent similar " errors '' from occurring in the future. This plan should include specific improvements to your calendaring system, internal processes, and staff training. Provide a timeline for implementing these improvements and a mechanism for monitoring their effectiveness.

* Provide a detailed explanation for your failure to appear at the subsequent hearing for the Motion to Reinstate, after already missing the initial hearing due to a supposed " calendar error. '' Explain the specific circumstances that led to this second failure to appear, including the individuals involved and any contributing factors. Detail any corrective actions taken to prevent future occurrences. 
* Evasion of Responsibility : Your attempt to evade responsibility for your failure to appear in court by claiming you were not properly notified is a cowardly and unacceptable tactic. The court documents explicitly state that it is the responsibility of both parties to monitor the court website for updates. Why should Scott & Associates be exempt from this basic requirement? Your attempt to shift blame onto the court system is a shameful display of unprofessionalism. Furthermore, your claim of not being notified about the court hearings is utterly contradicted by your submission of the Motion for Default XXXX on XX/XX/year>, a mere 13 days after the initial hearing. This action undeniably demonstrates that you were actively monitoring the case and were aware of the court dates. It is disingenuous to now claim that you were unaware of these hearings. This inconsistency further exposes your attempts to mislead and deceive. 
Unmasking the " Breaking the Wall '' Violation : Your direct contact with me after I explicitly requested a cease in communication is a clear violation of the Fair Debt Collection Practices Act ( FDCPA ). This illegal action, along with your other documented misconduct, demonstrates your blatant disregard for the law and your willingness to engage in prohibited conduct to achieve your objectives. This behavior is unacceptable and will not be tolerated. I demand a full explanation for this FDCPA violation, including : * The name and title of the individual who contacted me after the cease communication request. 
* The date and time of the contact. 
* The content of the communication. Provide a copy of any written communication or a detailed summary of any oral communication. 
* Your justification for contacting me despite my explicit request to cease communication. Explain the specific legal basis or exemption that you believe allowed you to make this contact. 
Consequences and Accountability : Your actions in this case constitute a pattern of deceit, negligence, and unethical behavior that can not be tolerated. Your misconduct has caused me significant stress, anxiety, and financial burden. I will not allow you to escape accountability for your actions, which have violated both the FDCPA and the Texas Debt Collection Act.

I implore the CFPB to : * Conduct a thorough investigation into Scott & Associates ' practices and procedures, including a review of your internal records, communications, and calendaring system. 
* Impose the maximum sanctions allowed under the Fair Debt Collection Practices Act and the Texas Debt Collection Act for your egregious violations. 
* Refer this matter to the State Bar of Texas for disciplinary action, including potential disbarment of the attorneys involved, specifically XXXX XXXX. 
I will continue to pursue all available avenues for justice, including legal action and public exposure of your unethical conduct. I will not rest until you are held accountable for the harm you have caused me. Therefore, I am requesting {$20000.00} in compensatory damages Sincerely, XXXX XXXX