Consumer complaint received 2022-11-30
Company: 1st Franklin Financial Corporation
State: MS
Product: Debt collection
Sub-product: I do not know
Issue: Took or threatened to take negative or legal action
Sub-issue: Threatened or suggested your credit would be damaged

Complaint:
This whole scenario started because I was sent a live check in the mail. I don't know how I received this offer. Ive never interacted with this company beforehand. My open end credit policy was used without my permission.They pre-screened illegally. After I cashed the live check. I then received a call asking did I cash and then I received a billing statment in the mail from 1st Franklin Financial for an alleged debt. ( EXHIBIT 1 ) I then sent in a negotiable instrument for tender and it was refused. ( EXHIBIT B ) *copy will be below ( According to UCC-3-603b Tender of Payment : If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and tender is refused, there is discharge, to the obligation of an indorser of accommodation party having a right of recourse with respect to the obligation to which the tender relates. ) I then received a call XX/XX/2022 regarding this negotiable instrument. " Asking what is this? Also, they don't accept this payment. Receptionist even took my number and name down to have someone contact me on my tender payment. 

XX/XX/2022. A lady, who was supposedly a manager from the company, called me back. Stating that they looked up my negotiable instrument of my tender payment and they do not abide by those laws. These were her exact words. " I CAN NOT ACCEPT THIS FORM OF PAYMENT AND IF I DIDN'T PAY MY FIRST PAYMENT, THEY WOULD MOVE FORWARD WITH LEGAL ACTIONS ''. I have the full voice recording below. Also, she began to threaten me on this call and was very argumentative. Saying if I was refusing to pay cash or check or payment that they were sending me to collections and was going to damage my credit. Remember this was chaos on my supposedly first payment owed on alleged debt. 

XX/XX/XXXX, XXXX I received a letter in the mail that 1st Franklin Financial sent me stating they did not receive my initial monthly payment when in reality they refused my negotiable instrument. *I will have all attachments below of all documents. ( EXHIBIT 3 ) XXXX XXXX 2022- I received a letter in the mail from 1st Franklin Financial as Notice of Acceleration.Stating that the entire balance of an alleged debt of {$2200.00} was due and payable immediately. Also, that they had started legal proceedings to collect the unpaid balance and may take other legal actions : including repossession of any goods or motor vehicles if pledged as collateral for credit loan transaction. Also, that I may be required to pay attorney 's fees, court filing fees and court costs in addition to the amount stated above. ( EXHIBIT 6 ) * document will be below XX/XX/2022 - XXXX sent out a debt of validation letter to the direct branch here at XXXX XXXX XXXX, XXXX, Mississippi and to the headquarters CEO Virginia XXXX XXXX at XXXX XXXX XXXX XXXX, XXXX, Georgia, XXXX, US. Thirty days is up for verifying debt. Company still could not be verified in court either on XX/XX/2022. A contract between both parties with both signatures was never signed and never given. ( EXHIBIT 10, EXHIBIT XXXX ) XX/XX/2022 - My RING doorbell camera caught a video recording of a constable coming to my door and taping a notice to appear at court on XXXX XXXX for court for the alleged debt said to be owed to 1st Franklin Financial at 9:00am. 15 USC 1681 ( a ) ( 4 ) neglect of privacy. ( EXHIBIT 7 ) ( EXHIBIT 8 was a copy sent through mail ) * camera footage below as well XX/XX/2022- Court was at XXXX. They still had not validated the debt and the judge went in my favor to appeal it within 30 days. 1st Franklin Financial still has not validated debt. They have violated me as a consumer on several occasions. They also are illegally breaking the laws and doing false/misleading representations, harassing/threatening/abusing. Also, they never cease collections. According to 15 USC 1692 they have made many violations. Alleged debt is not owed. Alleged debt can not be verified. Alleged debt owed is false. ( EXHIBIT 12 ) ABSTRACT OF JUDGEMENT ) XX/XX/2022 - I received another billing statement after court date. They still have not ceased collections. Still have not verified debt. As a consumer, Im being oppressed. Throughout this whole process has been stressful on behalf of me dealing with my elderly grandmother with severe illness and my own mental health regarding the harassment and threats. ( EXHIBIT 9 ) Also, I've checked my consumer report and they are reporting me as a late payment. ( EXHIBIT 13 ) 15 USC Code 1666b ; 15 USC 1681 ( a ) ( 4 )

Company response to consumer: Closed with explanation