Consumer complaint received 2021-07-14
Company: Alliance CAS, LLC
State: FL
Product: Debt collection
Sub-product: Other debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
On XX/XX/XXXX, I have received a " Delinquent Assessment '' letter from Alliance CAS, located at XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX, FL XXXX, Phone : XXXX XXXX XXXX, email : XXXX, stating XXXX of Lien has been recorded against your property because you have not paid the quarterly assessment to XXXX XXXX XXXX XXXX XXXX. It further states, You owe the interest accruing from XX/XX/XXXX to the present. As of the date of this letter, the total amount due with interest is {$8700.00}. With this letter, a three page statement that narrates all of their self-generated data entries of charges but did not contain a complete statement of account of my quarterly assessments charged and paid from XXXX XXXX XXXX XXXX XXXX ( XXXX  ). XXXX is being managed by a XXXX XXXX XXXX ( XXXX  ), XXXX XXXX XXXX  XXXX FL, located at XXXX XXXX XXXX XXXX, XXXX XXXX, FL XXXX, Phone : XXXX XXXX XXXX. 

On XX/XX/XXXX, I have requested a complete statement of account from XXXX to the address of XXXX, since I have paid all my dues to the address of XXXX  since the coupons books are printed in the name of XXXX to the address of XXXX. This XXXX  has been in charge of management of XXXX since XXXX, XXXX. 

Since I did not receive any reasonable reply within the reasonable time, I wrote on XX/XX/XXXX, another letter ( 17 pages ) addressed to the President & Board of Directors enclosing a complete schedule of quarterly dues paid, copies of ten ( 10 ) cancelled checks from XX/XX/XXXX to the end of XX/XX/XXXX. The letter of Alliance CAS did not specify which quarterly assessment was not paid. Their self- generated data charges started from XX/XX/XXXX. 

As a matter of courtesy, all these seventeen pages of documentation was also sent to the CEO of Alliance CAS and to the CEO of XXXX. XXXX consists of A President and seven Directors. Hence there were 9 ( nine ) packets of 17 pages of documentation was mailed on XX/XX/XXXX. Out of these nine ( 9 ), the President and three directors returned my letters without opening saying RETURN TO SENDER. 
OnXX/XX/XXXX, I have received another letter from Alliance CAS enclosing, once again their self-generated charges and two pages of Statement of Account from XXXX in my name. One dated as XX/XX/XXXX and another was dated as XX/XX/XXXX. I never received any statement of account from XXXX or from XXXX  in all these 20 years living in this community. I, like many other members of community receive violation letters if our lawns were nor mowed or for any other silly matters. 

Since then I have checked, verified, reviewed, and analyzed these two pages of XXXX  statements. Of which I have noted my check No : XXXX date XX/XX/XXXX for {$94.00} against the quarterly assessment of XX/XX/XXXX was not presented payment. My analysis was backed by stubs of coupons for the years XXXX, XXXX, XXXX, XXXX and XXXX. 

I did not have copies of cancelled checks for the years XXXX nor for XXXX since I have closed my previous Bank account nearing to the end of XXXX. 

Now I have written to XXXX and to XXXX  who were responsible to initiate this threat to lien my property based upon their above two page statement. 

Furthermore, XXXX  coupons do not say, what and how much is the late fee, nor how much is the interest, nor about the threat to lien properties at any given time. 

Moreover, XXXX  thru XXXX  sends letters to members over missed payment selectively and in discriminative form. 

I have also verified with the Bank to find out whatever happened to my ill-fated check # XXXX of XX/XX/XXXX for {$94.00}. I was told that check was never presented for payment. I.e. lost or mislaid in the mail. 

Since then, I have written another letters explaining all these events to XXXX enclosing a replacement check # XXXX dated XX/XX/XXXX for {$130.00} to cover the non-presented check # XXXX of XX/XX/XXXX for XXXX. I have clearly stated that I have included the interested element of 10 % annum for all these four years upon the consultations with past president and members. 

Out of my cancelled checks from XX/XX/XXXX to the current date, XX/XX/XXXX ( ten ( 10 ) of them ), eight ( 8 ) were endorsed to Alliance CAS, Escrow Account # XXXX ( Remote Deposit Capture ). These payments were not included in XXXX  statement of account of XX/XX/XXXX. Yet Alliance CAS wants to lien my property based upon wrongful false accounting data entries.

Under the circumstances, I shall be highly thankful if you could kindly elaborate and clarify the following : In a real Commercial and Business world, if there is debt owed to the Creditor that Creditor sends timely reminders called STATEMENTS clearly showing the amount owed, date the debt incurred and clearly mentioning that the debtor is responsible to pay the debt or face further consequences. 

As I said above and as per XXXX  statement, nowhere it was mention that a particular Invoice is Delinquent ever since XXXX. 

Does any Florida statute relating to HOA rules, by laws supersede the Federal Fair Debt Collection Practices Act ( FDCPA )? Or, Florida State FCCPA? 

Is there any rule or segment of the Fair Debt Collection Practices Act ( FDCPA )? that a Debtor not be given a Due Process of informing a pending debt or missed quarterly assessment before the matter was given to a Debt Collector ( Alliance CAS ) Is there any rule or segment of the Fair Debt Collection Practices Act ( FDCPA ) that a Debtor not be given an opportunity to check, verify and investigate the correctness and legitimacy of the alleged debt ( Quarterly assessment classified as delinquency assessment after four years without notifying to the Debtor )?

Is there a prescribed time limit under the Federal Fair Debt Collection Practices Act ( FDCPA ) and Florida Consumer Collection Practices Act ( FCCPA ) that the Creditor can enforce when the debt was not notified nor reminded at reasonable intervals or times?
I have all the documentation over thirty ( 30 ) pages of evidence over this matter.

This is only for the time being. I shall be thankful if you kindly read and attend to the matter. 

Respectfully XXXX XXXX XXXX XXXX XXXX XXXX XXXX, FL XXXX XXXX XXXX XXXX XXXX XXXX

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation