Consumer complaint received 2023-08-15
Company: SYNCHRONY FINANCIAL
State: FL
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was paid

Complaint:
NOTICE OF DISPUTE, NOT A VERIFICATION OF DEBT. 
Non-Negotiable Ashley Furniture Account Ending in XXXX Thank you for the letter I received XXXX of 2023 that your institution recently sent me expecting payment for an alleged debt, and your claim is disputed under 15 USC 1692 et seq. Please furnish me with the following information : XXXX. Evidence that Synchrony Bank/Ashley Furniture has used its own capital, funds, money or money equivalents to pay for any charges on the alleged account. 

XXXX. Evidence that banks ' funds, other than consumer 's notes, were used to pay for charges on the alleged account, proving that Synchrony Bank/Ashley Furniture did not receive " something-for-nothing ''. vv XXXX. Evidence that Synchrony Bank/Ashley Furniture disclosed the above information in their agreement prior to soliciting applicant to become bound by it. 

XXXX. Evidence how Synchrony Bank/Ashley Furniture has complied with federal statutes directly or indirectly ( as stated herein ), thereby avoiding the use of false, deceptive or misleading representations or means, in violation of Section 807 of the FDCPA, 15 U.S.C. 1692e, which constitutes fraud. 

XXXX. Evidence that due to the securitization of the initial outstanding balances of the alleged account, Synchrony Bank/Ashley Furniture is a holder in due course and therefore can incur a loss or make a valid claim. 
See : https : //www.fdic.gov/regulations/examinations/credit_card_securitization/ch2.html XXXX. Evidence that when accounts are overdue, Synchrony Bank/Ashley Furniture does not receive a payoff of the amount due from insurance, whose premiums were unknowingly funded by the so-called borrower. 

XXXX. A complete statement of Damages, including each and every loss that Synchrony Bank/Ashley Furniture incurred under the alleged agreement. 

XXXX. A copy of any insurance claim having been made by Synchrony Bank/Ashley Furniture regarding this account. 

XXXX. A true and correct copy of the transfer instrument that was used to transfer the initial outstanding balances from this alleged account into the Special Purpose Entity ( SPE ) trust, as described on the FDIC website. 

XXXX. The name, address and telephone number of Synchrony Bank/Ashley Furnitures CPA auditor . 

XXXX. Verification that this alleged debt has been or has not been assigned or sold to a third party. 

If you can not verify this debt by the above listed means, then what right do you have, under the Fair Debt Collection Practices Act 15 USC 1692, to show a Charge Off? I do not give you permission to report transactions or experiences concerning XXXX XXXX. " Fraud vitiates the most solemn Contracts, documents and even judgments '' [ U.S. vs. Throckmorton, 98 US 61, at pg. 65 ] I demand that you report this Notice of Dispute to the three major credit bureaus immediately. You are required by law to do so. See 15 USC, section 1681s-2 ( b ) ( C ). If any negative mark is found or continues to report on any of my credit reports by your company or any company that you represent, I will not hesitate in bringing legal action against you for the following : Violation of the Fair Credit Reporting Act and Defamation of Character. 

In order to settle this matter, I am sending this letter via certified mail. And I am sending an affidavit for you to sign confirming that you have read the agreement, that you understand GAAP, the bookkeeping entries, accounts receivables and deposits, the banking laws, and the Federal Reserve banks policies and procedures. 

Failure to validate the debt within XXXX ( XXXX ) days by signing the affidavit confirms that no further action will be taken and an absolute waiver of any right to collect the alleged debt. Furthermore all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. 

This notice also constitutes a Notice to Cease Telephonic Communications. Non-compliance with this request will violate the Telephone Consumer Protection Act 47 USC 227. 

NOTICE THIS IS NOT A REQUEST FOR CONFIRMATION THAT YOU HAVE A COPY OF AN AGREEMENT OR COPIES OF STATEMENTS. THIS IS A DEMAND FOR PROOF THAT YOU HAVE THE REQUISITE KNOWLEDGE OF THE FACTS, AND THAT THE ALLEGED CREDITOR PROVIDED ADEQUATE CONSIDERATION AND INCURRED A FINANCIAL LOSS UNDER THE FULL & COMPLETE ORIGINAL AGREEMENT. 


Thank you very much and best regard. 


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 non-monetary relief