Consumer complaint received 2023-04-05
Company: Dunlap Gardiner LLP
State: GA
Product: Debt collection
Sub-product: Other debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
I have new and updated information regarding Complaint Number XXXX. Dunlap Gardiner LLP continues to violate my rights as a consumer with the use of false and deceptive information in its illegitimate attempt to collect this alleged debt by falsely stating The homeowner is bound by the Declaration. First, its misleading as to whom Dunlap Gardiner LLP is referring to as The homeowner. Second, to be bound by something means that there had to have been a contractual agreement. Its a fact that Dunlap Gardiner LLP confirmed in previous responses that there was never any sort of agreement nor was there any legal merit to this alleged agreement. It is also a fact that there was never a meeting of the minds between me and the association regarding any sort of agreement towards any formal statement, proclamation, or announcement, esp. one embodied in an instrument, legally referred to as a declaration. Furthermore, a legitimate enforceable agreement does not exist between me and the association. I the ( consumer ) can not be constrained to any agreement that I had no knowledge of, wasnt a party to, nor agreed to. Its also a fact that this alleged agreement that Dunlap Gardiner LLP referred to in its response to Complaint Number XXXX is not legal and therefore not legally enforceable. The Fair Debt Collection Practices Act was passed to protect consumers, such as myself from false, deceptive, misleading, and unfair debt collection practices acts such as this. 

In closing, Dunlap Gardiner LLP, advises to contact its office to receive a copy of the recorded declaration of covenants. This is my formal request for Dunlap Gardiner LLP to provide this documentation for review to myself and the Bureau. Being that a declaration is a a formal statement, proclamation, or announcement, esp. one embodied in an instrument, and a covenant is a a formal agreement or promise, usually in a contract. Upon receipt, Im expecting to see the original date this agreement was made, between what parties this agreement was made, what makes this agreement legal, all elements present that makes an agreement ( contract ) valid and legal, who benefits from this agreement, the original signatures of all parties in agreement to this XXXX of XXXX, who created this agreement, the legal documentation to prove that the association is the legal owner of the instrument created by this agreement, what legally binds anyone to this agreement, what legally binds me to this agreement, proof of the contractual agreement that allegedly bound me the ( consumer ) to this declaration, the date, time, and the person to whom allegedly disclosed this information regarding this agreement, and any and all documentary evidence that you XXXX have pursuant to XXXX XXXX XXXX XXXX to include all documents, papers, and corporate records to prove your claim of homeowners, or owners unknowingly agreeing to this misleading, yet predatory contract with the association upon the purchase of a home when the association was not a party to the homebuying process.

Company response to consumer: Closed with explanation