Consumer complaint received 2022-03-16
Company: Strategic Alliances, Inc.
State: FL
Product: Debt collection
Sub-product: Credit card debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Sued you without properly notifying you of lawsuit

Complaint:
I am a federally protected consumer am making a complaint against FIRST PORTFOLIO VENTURES, I, LLC, for committing identity theft. I have never given FIRST PORTFOLIO VENTURES, I, LLC, any permission to use any of my identifying information to commit mail fraud by contacting me about an alleged debt they claim I owe. I am legally refusing to pay this alleged debt pursuant to 1692c ( c ). I am demanding a cease and desist of all illegal activity, any communication and collection activity, of this and any alleged debts until FIRST PORTFOLIO VENTURES, I, LLC, can provide me with sufficient documentary evidence that I have any legal obligation to pay them. I advised them that their claim is disputed and validation and proof of claim of the disputed debt is requested in accordance with the Fair Debt Collection Practices Act, 15 USC 1692 and as amended by adding the following new Title 8 USC 802 et seq., and the Fair Credit Billing Act. 15 USC 1666 et seq. All of which work in conjunction with each other, including the Truth in Lending Act ( TILA ) 15 USC 1601 et seq. I choose to respond point for point to what I allege is in fact, an initial invitation to contract with FIRST PORTFOLIO VENTURES, I, LLC. They utilized the United States Postal Service in regard to the payment of an alleged debt. Violation of 15 USC 1692 ( a ), ( d ), ( e ). FIRST PORTFOLIO VENTURES, I, LLC. /Principals is a debt collector, subject to the Fair Debt Collection Practices Act, under 15 U. S. C. 1692 a ( 2 ), ( 5 ). I am in good faith requesting DEBT VALIDATION and PROOF OF CLAIM made pursuant to the above-named Titles and Sections. I demand that their offices provide Claimant with competent evidence as per the attached Declaration and Proof of Claim that I have any legal obligation to pay them the unsubstantiated alleged debt.1. Failure to provide any documentation regarding but not limited to tradelines, security ; guarantee agreements, tax forms, insurance notes, bonds or any other record that will prove in addition to a written declaration by a live witness with first-hand knowledge of the origin of this alleged debt. 
1 ( a ) A Financial instrument in the form of a remittance in conjunction with a bank identification number ( XXXX ) has been officially furnished and delivered to me on the witness account of the United States Postal Services. This fraudulent bank account has been accruing interest and benefiting another [ FIRST PORTFOLIO VENTURES, I, LLC ] AND not the true beneficiary. Furthermore, this dividend has been disguised as an EXTORTION DEMAND in the form of a DEBT STATEMENT, subject to fines and imprisonment pursuant to Title 18 USC, chapter 31 CRIMINAL PENALTIES FOR EXTORTION AND EMBEZZLEMENT.

2. Failure to provide any documentation or proof in the initial communication received, as to who purchased ANY LOANS under ANY note bearing my name and personal identifying information. Therefore, I am disputing the entire balance claimed in the DEBT STATEMENT and further demand that FIRST PORTFOLIO VENTURES, I, LLC, provide me with the following : ( a ) Proof of all indebtedness, including copies of any alleged loan paperwork in your possession, on which you base your alleged claim of default ; ( b ) Proof of the entire chain of custody of any promissory note claimed to be collected for, including but not limited to, copies of any guarantee, security agreements. Contracts for the alleged debt contained within the initial communications ; ( c ) A full accounting of ALL sums due that have been applied to this alleged loan balance. Including correspondence showing the payout dates of these alleged policies. 
( d ) If this loan was securitized, along with ANY other loans, please provide the name of the trust and location of its trustee, including the full contact information and telephone number ; ( e ) Provide the exact location of the purported loan documents, autographed by me with wet ink, and any and all FULL MATERIAL DISCLOSURES of how this DEFAULT LOAN/DEBT came into existence. 
( f ) Provide any and all copies of any and all loan documents, tax forms, balance sheets and any documents in any type of medium such as but not limited to electronic records and tangible forms you have in your possession, bearing my legitimate autograph. 
( g ) Verification of your claim against me ( a sworn affidavit or a hand signed invoice in accordance with The Bills of Exchange Act ( 1882 ) ) ; Uniform Commerical Codes, Federal Fair Credit Reporting Act, and Florida State Statutes for Lawful Purposes ( h ) A copy of the contract signed by both parties and therefore binding both parties. 
( i ) original ledger and/or authenticated records. A true and certified copy ( NOT photocopy ) of the Original Note ( Credit Agreement ), under penalty of perjury and with unlimited liability and confirm that this Note, has never been sold. 

UCC 9-210. REQUEST FOR ACCOUNTING ; REQUEST REGARDING LIST OF COLLATERAL OR STATEMENT OF ACCOUNT ( a ) DEFINITIONS ( 2 ) request for an accounting means a record authenticated by a debtor requesting that the recipient provide an accounting of the unpaid obligations secured by collateral and reasonably identifying the transaction or relationship that is the subject of the request UCC 9-210 ( 7 ) authenticate means : ( a ) to sign ; or ( b ) with present intent to adopt or accept a record, to attach to or logically associate with the record an electronic sound, symbol, or process UCC 9-210 ( 70 ) Record, except as used in for record, of record, record or legal title, and record owner, means information that is inscribed on a tangible medium and is retrievable in perceivable form Rule 1002. Requirement of the Original An original writing, recording, or photograph is required in order to prove its content unless these rules or a federal statute provides otherwise. 

This organization has attempted to sue me when they do not have permission nor my consent. FIRST PORTFOLIO VENTURES, I, LLC is in direct violation of 15 U.S. Code 1692i ( b ), which states nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collectors. Also take notice that this organization is in violation of 15 U.S. Code 1692b ( 2 ) which states that you may not state that I a consumer owes any debt. FIRST PORTFOLIO VENTURES, I, LLC failed to attach the signed credit card application, request or agreement allegedly executed by Defendant in violation of Rule 7.050, Fla.Sm.Cl.R. Instead it attached a generic customer agreement, which does not state the Defendants name, is not signed by her, is not dated, and bears no discernible relation to the Defendant. Even though it is titled an agreement, there is nothing indicating that anyone, let alone the Defendant, has agreed to it. This is insufficient documentation. Capital One Bank , Inc. v. Mary B. Livingston , County Court, Florida Fourth Judicial District, XXXX XXXX, Florida, signed XX/XX/XXXX, the Honorable XXXX XXXX XXXX. 
18 USC 1341 Frauds and swindles Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation occurs in relation to, or involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with, a presidentially declared major disaster or emergency ( as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 ) ), or affects a financial institution, such person shall be fined not more than {>= $1,000,000} or imprisoned not more than 30 years, or both. 


Be further advised that I am not limiting or waiving any rights or remedies I may now or hereafter have, whether arising under your purported loan documents at law or in equity, all of which rights and remedies I am expressly reserving. I hereby give them five ( 5 ) days to reply to this notice from the above date with a notice sent using recorded post and signed under full commercial liability and penalties of perjury, assuring and promising me that all of the replies and details given to the above requests are true and without deception, fraud or mischief. Their attorney ( XXXX XXXX XXXX ) has already received ( certified mail # XXXX XXXX XXXX XXXX XXXX ) a conditional agreement on XX/XX/XXXX which they have yet to reply and submit proof of this alleged debt, therefore, will not entitle them to 30 days, as this is beyond that time and forfeited. Please Note : I wish to deal with this matter in writing and I do not give your organization permission to contact me by telephone. If their offices attempt telephone communication with me including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I may take action under Section 1 of the Protection from Harassment Act 1997 and the Administrati on of Justice Act 1970 S.40, which makes it a Criminal Offence for a creditor or a creditor 's agent to make demands ( for money ), which are aimed at causing 'alarm, distress or humiliation ', because of their frequency. All future communications with me MUST be done in writing and sent to my place of dwelling shown in this letter by the United States Postal Service as a witness.

If this documentary evidence can not be produced and FIRST PORTFOLIO VENTURES, I, LLC, continues its collection efforts, I will file for litigation for actual damages caused and FIRST PORTFOLIO VENTURES, I, LLC, will be held criminally liable for aggravated identity theft pursuant to 18 USC 1028A, extortion, theft by deception, securities fraud, and mail fraud. Upon the receipt of the documents herein and of this notice, you are hereby notified Pursuant UCC 1-202f.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation