Consumer complaint received 2022-10-05
Company: Upgrade, Inc.
State: GA
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
On XX/XX/2022, I mailed a Validation of Debt [ Exhibit A ] and Cease and Desist Letter [ Exhibit B ], to UPGRADE with specific demands to identify the original creditor, provide copies of the original lawful contract signed by both parties in wet ink, and provide validation of the alleged debt ( actual accounting ). These letters were sent via XXXX Mail # XXXX [ Exhibit C ]. UPGRADE received these instruments on XX/XX/2022 and chose to not return the Domestic Return Receipt. Respondent was given thirty ( 10 ) days from day of receiving Validation of Debt to provide proofs of claim, point for point ; however, Respondent chose to either remain silent or otherwise refused to provide said proof of claim ( s ) and, therefore, has failed to state a claim upon which relief can be granted. Respondent has agreed and stipulated to the facts and agreed that the undersigned Secured Party can only discharge said debt via the remedy provided by Congress via HJR-192 with a Bill of Exchange or other appropriate commercial paper. 

AFFIDAVIT OF TRUTH Formal Affidavit of TRUTH [ Exhibit D ] was sent to UPGRADE as a result of their failure to comply with demands stated in the Validation of Debt Letter. Said Affidavit of TRUTH was sent via Certified Mail # XXXX dated XX/XX/2022, and received on XX/XX/2022 [ Exhibit E ]. Respondent sent a copy of its permission to pull credit not signed by me and a copy of a generic contract that too was not signed by me. 

Conditional Acceptance Formal Conditional Acceptance [ Exhibit F ] was sent to UPGRADE as a result of their failure to comply with demands stated in the Validation of Debt Letter, and Non-Compliance Affidavit. Said Conditional Acceptance was sent via Certified Mail # XXXX [ Exhibit G ] dated XX/XX/2022, and received on XX/XX/2022 [ Exhibit I ]. 

NON-RESPONSE AND FAILURE TO CURE FAULT After 10 days of receipt by UPGRADE, having not received and showing no record of response to items listed in my Conditional Acceptance sent via Certified Mail # XXXX [ Exhibit G ] dated XX/XX/2022, and received on XX/XX/2022 [ Exhibit I ] said Conditional Acceptance to Cure is now in Default. 

NOTICE OF DEFAULT AND CONSENT TO JUDGMENT Whereas, for the reason of UPGRADEs failure to cure and honor, Fault places UPGRADE in Default. For the course of dealing, set forth herein, with UPGRADE failure, refusal, or neglect in the presentment of a verified response to the Validation of Debt, Affidavit of Truth, Conditional Acceptance, and Notice of Fault and Opportunity to Cure, constitutes the Respondents failure to perform in good faith and the Respondents acquiescence and tacit agreement with all terms, conditions and stipulations set forth within the Notice of Default and Consent to Judgment, Validation of Debt, and Notice of Fault and Opportunity to Cure. Further Affiant saith not.

All documents have been sent to Upgrade and are too large to share in this format. They can be provided if requested by an outside party.

Company response to consumer: Closed with explanation