Consumer complaint received 2019-03-09
Company: BB&T CORPORATION
State: PA
Product: Debt collection
Sub-product: Auto debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was already discharged in bankruptcy and is no longer owed

Complaint:
I have one ( 1 ) account that is reporting False. Regional Acceptance Corporation is listed as a charge off on my XXXX, XXXX and XXXX credit reports. This vehicle was purchased before and included in my Chapter XXXX Bankruptcy which was discharged in 2015. I am consistently asking Regional Acceptance Corporation for documentation, consistently asking the 3 credit bureaus for an investigation and consistently wasting my time. I have written and submitted letters asking to verify the debt and dates of the debt to no avail. THEY DIDN'T INVESTIGATE THE ACCOUNTS PROPERLY BECAUSE IF THEY HAD THEY WOULD'VE DISCOVERED THE CAR WAS INCLUDED IN THE BANKRUPTCY. 

THE 3 BUREAUS AND REGIONAL ACCEPTANCE CORPORATION ARE IN VIOLATION OF MY CONSUMER RIGHTS by NOT providing me a copy of ANY original documentation required under Section 609 ( a ) ( 1 ) ( A ) & Section 611 ( a ) ( 1 ) ( A ) ( a consumer contract with my signature on it ) and under Section 611 ( 5 ) ( A ) of the FCRA you are required to promptly DELETE all information which can not be verified. Providing me with the consumer contract would verify this account is reporting WRONG.

The law is very clear as to the Civil liability and the remedy available to me for negligent noncompliance ( Section 617 ) if you fail to comply. AND Regional Acceptance Corporation is also VIOLATING MY RIGHTS. Being ignored and hurting my lending abilities is NOT OK. The credit bureaus sent several letters indicating the account was verified yet NEVER sent evidence indicating the account was accurate. Its THEIR duty mandated by law, to investigate any dispute sent by consumers. The furnisher never provided any proof to me that that account listed above was reported 100 % accurate. THIS ACCOUNT SHOULD NEVER HAVE BEEN CHARGED OFF, IT WAS INCLUDED IN THE BANKRUPTCY, THE COLLECTIONS AGENCIES IGNORED MY REQUEST TO VALIDATE, and even ASKED THE COLLECTIONS AGENCIES how to settle this matter in the most efficient possible manner. 

At this point, I hereby CONDITIONALLY ACCEPT your demand for payment in the above named matter upon your complete and total fulfillment of the following conditions : Condition # 1. A Notarized copy of the ORIGINAL SIGNED CONTRACT and all other supporting documentation that give rise to and lawfully support the alleged obligations your firm now claims is owed. 

Condition # 2. Provide me with a sworn and notarized Affidavit, signed under Penalty of Perjury as follows : a. That your client is the bona fide party in interest and Holder in Due Course of the aforementioned Contract, and that they can and will further produce said ORIGINAL SIGNED CONTRACT in Condition # 1 above. 

b. The names, addresses, dates and durations of time during which any and all persons, Corporations, associations, legal firms or any other parties and/or entities who may have had or presently now have any interest in the collection or legal proceedings regarding this alleged obligation. 

c. That as a claimed debt collector, you have not purchased evidence of this alleged debt and are proceeding solely in the name of the original contracting party or parties. 

d. That you know, understand and agree that certain clauses in a contract of adhesion are unenforceable unless the party to whom the contract is extended could have selectively rejected the clause. 

e. That both you and your firm have taken reasonable and prudent due diligence to verify that the amount claimed as owed is, in fact, a legitimate and bona fide debt, prior to instigating this action and making said claim, and that all relevant correspondence, challenges, denials and counter claims by me have been fully and thoroughly reviewed by and adequately answered by your firm both prior to and since initiating this claim. 

f. That since initiating this claim, your firm, or associates under your employ, did not contact me at my residence more than three times in any given week or at any other unreasonable time or in any unreasonable manner. 

g. That you, your firm or associates under your employ, did not fail to identify themselves as a debt collector in any manner or at any time pertaining to this alleged claim. 
Condition # 3. Provide written verification in the form of a signed, sworn and Notarized Affidavit from the stated creditor that you are authorized to act on their behalf in this alleged debt collection action. 
Condition # 4. Provide the total account and general ledger statement showing the full and complete Accounting of the alleged obligation you are attempting to collect from me, signed and sworn to by the authorized person responsible for maintaining these records and having first-hand knowledge as to their accuracy and authenticity, and are able and willing to testify to same under oath to that effect. 
Condition # 5. Provide Certified and Notarized copies of documents showing that you are or represent a bona fide creditor in a collection process to include : a. A notarized copy of certified documents evidencing that you are allowed to conduct business in the State of Pennsylvania as a collection agency. 

a. A notarized copy of the Bond on file with the State of Pennsylvania allowing your firm to operate as a collection agency. 

b. A notarized copy of the assignment letter including production of the signatures and status showing your firm as holders in due course of the alleged claim. 

Condition # 6. Provide the statutes and enforcing regulations, both Federal and State, which clearly and unequivocally make me liable for this alleged debt. 

Condition # 7. Provide proof that your Notice of Debt Collection, is authorized by such Statutes and enforcing Regulations. 

Condition # 8. Provide proof of all relevant signatures and your status as Holders in Due Course of this alleged claim. 

Condition # 9. Provide the name ( s ), addresses and telephone numbers of the bona fide creditor pertaining to this alleged debt. 


Condition # 10. If you are acting as an Agent, provide certified copies of the registered claim upon which you are collecting, showing the name ( s ) of any and all debtors and the respective bona fide creditor ( s ) as the secured party ( s ).

Condition # 11. Provide the national and regional credit and debit card network Rules and Regulations governing electronic payments and ATM transactions ; specifically the production of all versions of the manual in each case for each service/ buyer/ successor/ transferee regarding this alleged claim. 

Condition # 12. Provide a sworn and Notarized Affidavit, signed under Penalty of Perjury, that all the Rules and Regulations of the National and Regional credit and debit card network Rules and Regulations were never, at any time, violated or circumvented to the detriment of the Affiant pertaining to this alleged claim. 

Condition # 13. Provide verifiable proof that any actual money was ever created or loaned to me by the named creditor ( s ) whom you claim to represent, and not mere bookkeeping entries that were made by them in an attempt to establish the alleged obligation or debt, and in which case, this entire matter would constitute fraud on their part, as well as now yours. 

NOTICE : Contacting me again without first properly documenting that I have any obligation to you or your claimant pertaining to the above referenced account number, after Verifiable Receipt of this Notice of Conditional Acceptance, will establish and constitute that you deliberately intend to use interstate communications in a scheme of fraud by using further threats, intimidations, deceptions and/or enticements to coerce me to commit some act creating a legal obligation and/or disability where none exists, previously or presently, as well as constituting that you and/or your firm knew or should have known that by such communication, what you have heretofore attempted to do was, and is, false and therefore unlawful. Moreover, until or unless you have fully satisfied all of my demands and claims as stated herein and previously, as well as provided by numerous laws and regulations, both Federal and State, pertaining to this alleged claim, which the courts and/or others who rely upon such written communication may well judge such acts by you as deliberately intended to impair or damage my credit rating, my reputation, my standing in the community as well as to intentionally inflict financial and emotional harm upon me, and assure you that you do so at your own peril and risk. You have twenty one ( 21 ) days from receipt of this Conditional Acceptance to respond on a point-by- point basis, via sworn Affidavit, under your full commercial liability, signing under penalty of perjury, that the facts contained therein are true, correct and complete, and not misleading in any manner whatsoever. Declarations are an insufficient response, as declarations permit lying by omissions, which no honorable draft may contain. Your failure to accept my Conditional Offer of Settlement by producing each and every requested answer, record and/or documentation, or in the alternative, sending me written withdrawal of your claim, ( summary judgment ), will constitute your stipulation that I have no duty or obligation to any portion of the above aforementioned debt whatsoever, and that you have no right or basis to pursue any further collection. Be advised that notice to any agent in your firm or under your employ regarding this Conditional Offer of Acceptance in considered notice to any and all principals. Further, your failure to fully and completely respond on a point-by-point basis, as well as ANY ACTIVITY by you or your Firm to secure payment with a Writ of Garnishment, before responding to this Conditional Acceptance, shall be deemed as an Agreement with the facts as stated in the attached Affidavit, and shall be further deemed an Automatic Dishonor of this Conditional Acceptance and your Agreement by you and/or your firm to the immediate payment of { {$75000.00} } USD, payable to ME as compensating damages.Signed from without the United States in accordance with 28 U.S.C., Sec. 1746 ( 1 ). All rights are reserved without prejudice, UCC 1-207 and RCW 62A.1-207.

I have disputed this debt ; therefore, until validated you know your information concerning this debt is inaccurate. Thus, if you have already reported this debt to any credit-reporting agency ( CRA ) or Credit Bureau ( CB ) then, you must immediately inform them of my dispute with this debt. Reporting information that you know to be inaccurate or failing to report information correctly violates the Fair Credit Reporting Act 1681s-2. Should you pursue a judgment without validating this debt, I will inform the judge and request the case be dismissed based on

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 explanation