Consumer complaint received 2021-06-12
Company: Monterey Financial Services LLC
State: FL
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
Monterey Financial Services/Monterey Collections and XXXX are violating federal laws against my person and natural person. I sent both Monterey Financial and XXXX the first packet XX/XX/XXXX that included an Affidavit of Truth, invoice, debt validation form, letters and correspondence as well as exhibits. On XX/XX/XXXX, Monterey Collections sent me a 2 page letter back with absolutely no information that I requested in my initial packet. This included NO notarized under penalty of perjury Affidavit of Truth responding to my Affidavit of Truth line by line signed by the CEO, CFO, or any superior of Monterey Financial/Collections, NO completion of the debt validation form, NO proof/evidence that I even owe the debt to Monterey Financial/Collections but the letter stated that I had 30 days to dispute the debt when Monterey Collections attained the debt and they provided some sort of nonsensible computer print-out that is supposed to show proof of the alleged debt on the 2nd page. I sent Monterey Financial another packet on XX/XX/XXXX with a Default and Opportunity to cure, an updated Affidavit of Truth, updated invoice, updated exhibits as well as copies of the content of the first packet. 

On XX/XX/XXXX, I sent Monterey Financial Services a debt validation letter. In that same letter as highlighted in Exhibit A, I also asked Monterey Financial Services to cease and desist phone calls and only respond to me via US Postal Mail. Instead of abiding by 15 USC 1692c ( c ) and 15 USC 1692d ( 5 ), Monterey Financial Services continued to violate Federal law by abusively continuing to call me at least 34 times between XX/XX/XXXX and XX/XX/XXXX and using profane language in attempts to make me pay an invalidated debt as documented in Exhibits A & B. Both federal laws were violated twice each time Monterey Financial Services called during those 34 documented times. This is accounted for in the attached invoice included in packet. This letter was sent registered mail and I have proof it was signed for on XX/XX/XXXX by XXXX XXXX, CFO as evidenced in Exhibit A, B, and C ; however, Monterey Financial returned it back to me unopened for unknown reasons. Possible refusal? Pursuant to 15 USC 1692c ( c ) ( 3 ), notice of cease and desist is complete upon receipt. Just because Monterey Financial refused to open and returned back to sender doesn't make the violation of the law any less valid. 
I sent another letter on XX/XX/XXXX that I have proof that Monterey Financial signed for on XX/XX/XXXX. This was my 2nd attempt to get proper debt validation from your company in regards to this alleged debt. I received no response from your company at all this time. 
I have no contract or agreement with Monterey Financial Services, Monterey Collections, or XXXX in regards to this alleged debt. Monterey Financial Services has sent me no proof of anything that shows a documented agreement between us. The only document that Monterey Financial provided FINALLY on XX/XX/XXXX is an alleged document with a statement saying I owe XXXX a balance. I am not implying directly or indirectly that I owe XXXX a balance, but who is Monterey Collections/Monterey Financial and what do they have to do with an alleged balance with an entirely different company? That looks like an agreement Monterey Financial Services/Monterey Collections has with XXXX and not with me. I have nothing to do with this alleged agreement or alleged debt. In many documents as shown in exhibits D, F & H, who the debt is owed to is misrepresented and a violation of 15 USC 1692e ( 14 ). 
I have no idea how, when, or why Monterey Financial Services and/or Monterey Collections came into the scenario of this alleged debt. What proof does Monterey Collections have that they sent me any letter or notice saying that I owed anything to their corporation so that I could dispute within the 30 day time frame allowed. I disputed when I became aware of a possible fraudulent account and sent a letter on XX/XX/XXXX. Monterey Financial Services returned the letter back to me unopened ( as stated above ), remember? I have documented proof. Monterey Financial Services and/or Monterey Collections is in violation of 15 USC 1692g ( a ) ( 4 ) as I am STILL waiting on proper validation that the alleged debt is even mine. Show me the law that states that the computer printout you sent me would be considered legitimate proof in any court of law. 
On the letter Monterey Collections sent XX/XX/XXXX, it was stated that " per the FDCPA, I had 30 days from the date I was notified by Monterey Collections to request to dispute the debt. '' Pursuant to 15 USC 1692g ( c ) of the FDCPA, my alleged failure to dispute the validity of alleged debt is not an admission of liability in ANY court. Monterey Financial Services/Monterey Collections is simply making an assumption. I do not agree with the assumption. Even though I have addressed this point several times in the complaint, what purpose do you have to bring that up since it is clearly a violation of Federal law from the same section ( FDCPA ) Monterey Collections is attempting to use against ME as the consumer? 
Who is the original creditor in this alleged debt? XXXX or Monterey Financial Services or someone else? It would be helpful to fill out the debt validation form that I have included TWICE in the mailed packets I sent to you. If the original creditor is XXXX, how did Monterey Financial Services acquire this alleged debt? Since Monterey Financial Services/Monterey Collections is purporting to collect on this alleged debt, please provide the unmistakable and indiscrete contract between your corporation and myself that proves you have grounds to collect anything from me?? Keep in mind, a statement/bill is not a contract. If no contract can be provided, Monterey Financial Services/Monterey Collections is committing fraud by even having access to anything as it relates to my person and/or natural person. It is also continued fraud to report this erroneous information to credit bureaus.

As evidenced in Exhibit H, Monterey Financial Services/Monterey Collections is in violation of 15 US Code 1692j as Monterey Collections has designed, compiled, and furnished deceptive forms to cause me as the consumer to believe I owe an alleged debt to Monterey Collections. I do not consent to these unlawful activities. 
As evidenced in Exhibit I, all alleged debts said to be owed are in the positive. How ca I owe a positive balance? This is a misrepresentation and in direct violation to 15 USC 1692e ( 2 ). 
It is an unfair practice for Monterey Financial Services/Monterey Collections to send me correspondence saying " This is an attempt to collect a debt as evidenced in Exhibit J and in violation to 15 US Code 1692f.

Reporting to credit bureaus has harmed my reputation and in direct violation to 15 US Code 1692d. Monterey Financial Services/Monterey CollectionsXXXX has reported this alleged yet invalidated debt to the credit bureaus causing great distress as evidenced in Exhibit K. Monterey and XXXX are continuing to willfully operate outside of the bounds of Federal law. 
According to 15 USC 1611 ( 3 ), Monterey Financial Services/Monterey Collections is CRIMINALLY liable for knowingly and willfully reporting this account to the credit bureaus when Monterey Financial Services/Monterey Collections knows there is no legitimate contract between myself and Monterey Financial Services/Monterey Collections.

Additionally, Monterey Financial Services/Monterey Collections is also civilly liable for the irreparable damage caused to not only my person but it has caused additional aggravation, distress, and anguish to my natural person. 

A Default and Opportunity to Cure packet was mailed to Monterey Financial Services on XX/XX/XXXX. Monterey Financial Services/Monterey Collections has 10 days from receipt of that packet to provide remedy and act honorably.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with non-monetary relief