Consumer complaint received 2021-09-17
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: FL
Product: Debt collection
Sub-product: I do not know
Issue: Took or threatened to take negative or legal action
Sub-issue: Sued you without properly notifying you of lawsuit

Complaint:
Hello my name is XXXX XXXX, I am submitting this complaint myself and there is no third party involved. I am in natural person, creditor, and consumer status. This organization has attempted to sue me when they do not have permission nor my consent. Take notice, that you are 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. You have no authority and do not have any standing!

This organization is in fact a debt collector pursuant to 15 U.S. Code 1692 ( 6 ) which states that a debt collector is any person who uses any instrumentality of interstate commerce via mail and is engaged in the principal purpose of collecting debt which you are attempting to do by communicating with me without my prior consent in direct violation of 15 U.S. Code 1692c ( a ) ( 1 ) 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. Furthermore, you have attempted to communicate with me on multiple occasion through different mediums ( mail, telephone and ect. ) which is a violation of 15 U.S. Code 1692b ( 3 ) ; Not to mention these threats have been emotionally traumatizing. The repeated phone calls have been harassment. Ive been scared for my life not knowing what's going to happen next with my life. My relationship with my wife has been damaged. In no way that should be tolerated and I shouldn't have to go through the abuse that this organization has put me through. 

This organization are criminal and they're violating my consumer rights under the FDCPA, FCRA, Title 15, and Truth In Lending Act. 

In fact, im requesting debt validation. Ill settle any financial obligation I might lawfully owe, as soon as I have received the following documentation from you : 1. Validation of the debt ( the actual accounting ) ; 2. 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. 
3.A copy of the contract signed by both parties and therefore binding both parties. 4.Please also provide me with 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. 
5. Please also confirm the name of the individual who is the duly authorized representative from your company, who has carried out due diligence under The Money Laundering Regulations XXXX and what actions s/he has taken in relation to this account. 
I hereby give you ten ( 10 ) 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. Your said failure to provide the aforementioned documentation within ten ( 10 ) days, from the above date, to validate the debt, will constitute your agreement to the following terms : That the debt did not exist in the first place; OR It has already been paid in full ; AND That any damages suffered, you will be held culpable ; That any negative remarks made to a credit reference agency will be removed ; You will no longer pursue this matter any further. 
You agree to pay all fee schedules. 
Please Note : I wish to deal with this matter in writing and I do not give your organization permission to contact me by telephone. Should you do so, I must warn you that the calls could constitute harassment ' and I may take action under Section 1 of the Protection from Harassment Act 1997 and the Administration of Justice Act 1970 S.40, which makes it a Criminal Of ence 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 or manner. 

Attached to this complaint are documents that ive sent directly to this organization certified mail with a return signature that was mailed XX/XX/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