Consumer complaint received 2021-08-24
Company: Village Capital & Investment LLC
State: AL
Product: Debt collection
Sub-product: Mortgage debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
I am responding to your letter that arrived at me on XX/XX/XXXX about an alleged debt and your complaint response.

In the complaint that was initially sent to you, you were provided with an AFFIDAVIT OF TRUTH that was suppose to be addressed line by line in which you blatantly disregarded. Instead, you responded to my letter that specifically stated REQUESTS, which was exactly that. My Requests letter did not give you the option to omit a response to my Affidavit of Truth. Therefore, we are still awaiting a response to the Affidavit of Truth that was received by your company on XX/XX/XXXX. 

According to Exhibit 2 ( 15 U.S.C 1692g ( b ) ), You did not provide the correct name and address of the Original Creditor which is not XXXX XXXX XXXX XXXX XXXX. You can not originate anything, as you are a corporation and not a natural person. There would not have been a transaction if I ( the natural person/consumer ) was not the originator pursuant to Federal Law 15 U.S.C 1602 ( i ). I, the Natural Person, extended my credit to you Village Capital & Investment LLC.

*If you provided me funds in the form of a loan, Can you provide me with an actual document pursuant to GAAP ( General Accepted Accounting Principles ) pursuant to 12 U.S.C 12 1831n, showing where the money left your ( XXXX XXXX XXXX XXXX XXXX  ) account to fund this alleged debt?

If not, this would be considered Identity Theft pursuant to 1602 ( p ), as this is considered unauthorized use with it being of no benefit to me as a natural person. Also, this would be considered fraudulent activity pursuant to 15 U.S.C 1644 ( a ) for the use of my credit card to obtain goods or anything of value.

According to Exhibit 2 ( 15 U.S.C 1692 ( h ), If I as the consumer owes any alleged debt, while the account is in dispute, no payment should have been collected to go towards this account. You also mentioned that all payments collected went towards satisfying an alleged debt that I owed instead of where I directed it to go which is a VIOLATION of Federal Law U.S.C. 1692 ( h ). Your response did not have anything to do with the Federal Law you have VIOLATED.

According to Exhibit 3 ( 15 U.S.C 1692c ( c ) Once again, the law that you referenced
does not support the statement that was provided. The law just simply defines what a debt collector is, it does not justify you as the debt collector to establish a timeframe to collect such alleged debt. Therefore, you can not void or deny my request to cease and desist contact with me as the consumer. This is another violation of federal law, and your opinion does not trump federal law. XXXX XXXX XXXX XXXX XXXX is NOT the Original Creditor, XXXX XXXX XXXX XXXX XXXX did not originate anything. 

According to Exhibit 4 ( 15 U.S.C 1692g ( a ), A debt collector has 5 days to respond. In ( exhibit 6 ) The letter was delivered on XX/XX/XXXX ( according to Certified Mail Receipt Attached ), I received your response letter on XX/XX/XXXX ( 12 days later ). This indicates that you as the deb

t collector were in direct violation of U.S.C 1692g ( a ) of Federal Law. You are also in violation of Federal Law because you did NOT provide me with all five requirements to validate a debt that is required under 15 U.S.C 1692g. I have no responsibility for the alleged debt you're trying to collect. According to 15 U.S.C
1692j, 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 you are participating in an attempt to collect a debt that I allegedly owe.
This will be my last attempt to settle this dispute. Your practices are inconsistent with 15 U.S.C 1692 and you will be held FULLY accountable for your WILLFUL NONCOMPLIANCE with federal law. It would be in your best interest to handle this dispute accordingly. If the dispute is not resolved, I will pursue compensatory damages and actual damages.

Thank you.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation