Consumer complaint received 2022-04-08
Company: Westlake Services, LLC
State: CA
Product: Debt collection
Sub-product: Auto debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
DATE : XX/XX/XXXX ATTENTION : FRAUD DEPARTMENT ATTACHMENTS : the following disputes & documents have been previously submitted all credit bureaus 3x this year to no avail & without correction within established investigative & interactive guidelines.

Ive previously notified this & the other credit reporting bureaus that Im a victim id ID-theft fraud, however, Im still being denied extension of credit, as well as still being contacted by creditors & collection companies attempting to collect debts that I have no knowledge nor liability for. Thus having sought legal counsel in regards to these matters, to assess my civil liberties & governing laws, Im now formally requesting validation ; legally documented proof of their origins from this & all other credit reporting bureaus, as specifically outlined within the Fair Debt Collection Practices Act. 

Upon reviewing my credit file from a reputed source, the following is a list of the alleged debts in question, to which Im requesting validation : ACCOUNTS : Account name WESTLAKE FINANCIAL SERVICES XXXX XXXX XXXXXXXX. Amount {$15000.00} Im requesting that your bureau cease all reporting of the above-listed debts in adherence to the Fair Debt Collection Practices Act & Fair Credit Reporting Act & provide to me legal validation of these alleged debts. Specifically, to constitute legal validation, you as the reporting agency are required to retain copies of the following documentation from the individual or institution submitting the debt information to be reported : I. Complete & concise payment history, the requirement of which has been established within SPEARS v. BRENNAN 745 N.E. 2d 862 ; XXXX  Ind. App. LEXIS 509, & an agreement that bears the name & signature of the alleged debtor wherein he/she agreed to pay the original creditor.

II. Letter of Sale or Assignment from the original creditor to a collection company ; this agreement establishes the authority for another to collect on the alleged debt & has been established within COPPALA v. ARROW FINANCIAL SERVICES, 302cv577, 2002 WL 32173704 ( D. Conn. XXXX ). Information relating to the purchase of a bad debt is not burdensome nor proprietary ; debtor must phrase their request clearly to obtain. The source of a bad debt & the amount a bad debt buyer paid for the Plaintiffs debt, how amount sought was calculated, wherein issue a list of reports to credit bureaus , & documents conferring authority on defendant to collect said debt.

III. Intimate knowledge of the creation of the debt by the collection agency.

Pursuant to the FCDPA section 809, no one can pursue any collection activity until the debt is constitutionally validated. Concurrently, case law TWYLA BOATLEY v. DIEM CORPORATION, No. CIV 03-0762 U.S. District Court of Arizona, XXXX  states that the court ruled that reporting a bad debt for collection is indeed considered collection activity. Therefore, until you have fulfilled my formal request to provide me w/ legal validation, by Federal mandate youre legally obligated to cease all reporting of any & all alleged debts in question on my credit report at your bureau. The above-stated Federal mandates also establish civil liability & make way for me to seek financial compensation for such liability from any offending party. While I prefer not to litigate, I will manipulate the courts as needed to exercise & enforce my constitutional rights within the FCRA & FDCPA legislations.

I also would like to opt-out of any promotional services that my information may be submitted for. Please place a fraud alert in my file as well, as Im a victim of ID-theft ; my personal & financial information was maliciously compromised by my ex-spouse within the past few years. Due to that fraudulence, Ive been denied credit extensions & residential establishment based on information listed at all credit bureaus that Ive no knowledge of.

Because of these recent adverse financial actions against me, Im formally requesting an updated copy of my report & credit score w/ the above-listed current personal information. As advised, I would like to place an extended fraud alert in my file, for fear that my stolen information is still being used fraudulently. 

List the following number in my fraud alert : ( XXXX ) XXXX XXXX MOBILE Again, please update my credit report w/ the above-listed current information & delete all outdated & inaccurate immediately & permanently that Ive not personally submitted myself. As advised, I shall be expecting to receive compliance w/ FCRA sections 605, 611 ; FDCPA sections 808, 809 ; 15 USC 1681 et. al. seq. & confirmation thereof from you within 30 business days.

Thank you for your immediate attention & administration to this matter for resolution. 
Sincerely,

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