Consumer complaint received 2019-04-25
Company: U.S. BANCORP
State: NV
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was paid

Complaint:
On XX/XX/XXXX, I faxed proof of payment thereto US BANK and the CEO back office but only a response thru the CFPB came by way of XXXX in the retail payment solutions department office of the President, this is unacceptable. I requested an affidavit in response by way of the CEO or the Back office only. 
The Disclosures created by US BANK was newly created well after i signed electronically over three years ago. The Disclosures created by USBANK does not have the full documents i am presenting within this affidavit. Therefore they have the power to alter the said documents presented to the credit bureaus without my knowledge or ever seeing said documents. US BANK at first said they didn't receive or could find the payment now they are alleging that they don't accept the payment format which is US Currency drawn from a US Bank be it Any federal reserve bank or the US Treasury? something is clearly wrong here! USBANK are using the credit bureaus to extort me for federal currency, XXXX dollars or debt IOUs and not the US Currency it says it accepts as payment. 
The signatures produced by USBANK has produced are forged. For it was done electronically! I have not received any contract documents from US BANK as of XXXX or shortly after the account was opened. What USBANK has produced and presented to the credit agencies/bureaus are fare newly created documents. The originals were destroyed years ago and can not be reproduces as stated by USBank. US BANK says on the back of the coupon statement that you must pay in US Dollars with checks or similar payment instruments drawn on a financial institution located in the United States. The Tender Of Payment is of US Dollars drawn from The US Treasury and or any Federal Reserve Bank located in the United States Of America. TENDER OF PAYMENT : Now no one wants to acknowledge facts of law and the validity therein but if i use a credit or line of credit to purchase items that are property that constitutes property as well. The said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federalreserve banksand for all, and other public dues. They shall be redeemed at the Treasury Department of the United States, in the city of Washington, District of Columbia, or at any FederalReserve bank. 12 U.S. Code 411 - Issuance to reserve banks ; nature of obligation ; redemption - ( Dec. 23, 1913, ch. 6, 16 ( par. ) ,38 Stat. 265 ; Jan. 30, 1934, ch. 6, 2 ( b ) ( 1 ) ,48 Stat. 337 ; Aug. 23, 1935, ch. 614, title II, 203 ( a ) ,49 Stat. 704. ) 3-603.  TENDER OF PAYMENT. ( a ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract. ( b ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an endorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates. ( c ) If tender of payment of an amount due on an instrument is made to a person entitled to enforce the instrument, the obligation of the obligor to pay interest after the due date on the amount tendered is discharged. Due to the fact that the evidence produced by USBANK forged robo signed and newly created well after the original electronic document the debt must be discharged and paid in full by the tender of payment offer made, as they have declined see Law 3-306. False Statements or Representations - The law : Collectors cant threaten a lawsuit, criminal prosecution, wage garnishment, jail time, or to ruin your credit rating unless they have the legal authority to do so and intend to do so. These threats are often illegal. Collectors must take you to court first and win before they can take these kinds of actions if they are legal in the first place. What was stated to me in writing and over the phone 20 days later was that my payment method was illegal and unlawful and the CEO or Back Office Dept would be sending me a letter or have sent a letter but i have not received a letter nor any of the Tendered Payments back and therefore it is implied that they destroyed the mail and the Tendered Payment!

The alleged contract that was never presented in full or in part is not a Unilateral nor a Bilateral contract or agreement. This means that none of the parties signed the contract. An online agreement does not validate nor verify an agreement or contract for all parties must have a meeting of the minds. Or this can lead to fraud. First off i requested the CEO or Bank office of people knowledgeable of this type of payment but the CEO never responded. Second So without a proof of payment like a check or actual funds from the banks i was never loaned money because banks can't loan money from deposits within their bank from other customers so where did the money or funds come from? It appears to be a book keeping entry credit for a mortgage or loan or such and that is fraud due to the banking laws, banks can't loan money it doesn't exist only US Currency or Coin Tender or Conditional Acceptance.

804. Acquisition of location information Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall. ( 1 ) identify himself, state that he is conrming or correct- ing location information concerning the consumer, and, only if expressly requested, identify his employer ;. ( 2 ) not state that such consumer owes any debt ;. not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information ;. ( 5 ) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communi- cation relates to the collection of a debt ; Validation - Consent from the borrower that they agreed to such terms explained and defined and disclosed in full not in part and not by a none agent of the bank or creditor whom would be able to translate or transcribe definitions in full. You have failed to do this.

806. Harassment or abuse - A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.

( 2 ) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.

( 3 ) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of sec- 15 USC 1692d. ( 4 ) The advertisement for sale of any debt to coerce pay- ment of the debt. This includes pre default or NOD notice of default which must be served on the debtor or payee and proof of such in writing not hearsay.

. ( 5 ) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. ( 6 ) Except as provided in section 1692b of this title, the placement of telephone calls without meaningful dis- closure of the callers identity.

807. False or misleading representations A debt collector may not use any false, deceptive, or mis- leading representation or means in connection with the col- lection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The false representation or implication that the debt collector is vouched for, bonded by, or af liated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.

809. Validation of debts ( a ) Notice of debt ; contents Within ve days after the initial communication with a con- sumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing or ( b ) Disputed debts If the consumer noti es the debt collector in writing within the thirty-day period described in subsection ( a ) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains veri cation of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such veri cation or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communi- cations that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a ) unless the consumer has noti ed the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communica- tion during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor.

. ( c ) Admission of liability I demanded and required the following for verification a.wet signatures with its original color ink b. the original size document legible and readable c. the actual signature of the borrower in print and readable d. copies of all parties signed on the document or Unilateral or bilateral agreement You have failed to do this within the Five days after the debt was initially disputed. More over sending in house created accounting documents doesn't service or answer the unanswered questions for verification and validation of the alleged debt but the original materials and a wet signature not a computer generated signature nor a verbal consent over the phone for this could be identity theft and fraud.

812. Furnishing certain deceptive forms ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating.

( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this subchapter.

The documents you produced doesn't have your companies name or anyone signed from you agency or bank. Your agency bank or corporation has provided after the allowed five days [ approximately 25 days later ] computer generated in-house documents that i have never seen before. In fact the documents have been cut down in size or shrunken down from the alleged original size and is too dark and not legible. Also the definitions are not clear and no one has translated your terms which are one sided to me. 
i, XXXX XXXX XXXX Enclosures : Identity Theft Report - I have been on the XXXX list since XXXX XXXX and i am sending you a copy with my XXXX record # blacked out for my protection XXXX. Without US Bank verifying the information with me and correction the errors this is identity theft for none of the tender of payments have been returned to me. 
Proof of identity Notice to Furnishers of Information

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 non-monetary relief