Consumer complaint received 2021-10-08
Company: Surf Consultants, Inc.
State: FL
Product: Debt collection
Sub-product: Auto debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Sued you without properly notifying you of lawsuit

Complaint:
XX/XX/XXXX Dear CFPB, Thank you for taking time to look into my situation which is important. On, XX/XX/XXXX, I sent a certified letter to Surf Consultants II, LLC, located at XXXX XXXX, XXXX XXXX, XXXX, FL XXXX. XXXX # XXXX, XXXX Number # XXXX, Date Filed XX/XX/XXXX, and Status Active with the Secretary of State Florida.Registered Agent, XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX, FL XXXX. 

The alleged debt was assigned to an attorney, XXXX XXXX XXXX, XXXX XXXX., on XX/XX/XXXX, stating they were representing Surf Consultants II, LLC. Not only did I send a letter to you, but also sent one to your attorney who as of today has NOT sent me the information I requested which was VALIDATION of a debt you alleged was mine. I humbly asked as per the Fair Debt Collection Practice Act 15 USC 1692g Section 806b. The letter clearly stated the request was NOT for verification, but VALIDATION of the account was required. This is your final warning! Failure to respond to this certified letter in 10 days, will result in Small Claims legal action against you and your company. 

I clearly explained to Surf Consultants, and their attorney who owns Surf Consultants II, LLC to present me with the Purchase Agreement so that I opuses review documentation to make sure they own the debt. to the Judge along with the Account-Level Documentation about this alleged debt you said I owed. I Show me the terms of the contract. Whats the interest rate, what are the late payment charges? What is the credit limit! What is the over the credit limit fee? What are the TERMS of this alleged account? Dont insult my intelligence by sending me a Bill of Sale! You know! Its that one page document that says ( XXXX XXXX XXXX ) sold the assets to ( Surf Consultants, LLC. ), and ( Surf Consultants, LLC. ) owns it! Well, what did you buy! What are the agreements! What are their terms and conditions of the sale? What are the representations made about the account that were supposedly sold? The Purchase Agreement should say this. Their failure to provide the consumer with the OALD requested affects the consumers ability to determine whether the debts were truly owed. Furthermore, not providing this can likely affect the consumers decision-making about whether and how to respond allegedly. There is a Contract that sales the debt! Since I dont know who you are and Ive never done business with your company ( Surf Consultants ) , the " purchase agreement '' is going to lay out all the terms, and agreement. This is the only way I would know you bought the debt. Prove to me you own the debt ; not simply that you claim I owe the debt! This document should be 30-40 pages that is the actual contract where the original creditor ( XXXX XXXX XXXX ) selling the debt to ( Surf Consultants, LLC. ). Show me the terms of the contract. Whats the interest rate, what are the late payment charges? What is the credit limit! What is the over the credit limit fee? What are the TERMS of this alleged account? Dont insult my intelligence by sending me a Bill of Sale! You know! Its that one page document that says ( XXXX XXXX XXXX ) sold the assets to ( Surf Consultants, LLC. ), and ( Surf Consultants, LLC. ) owns it! Well, what did you buy! What are the agreements! What are their terms and conditions of the sale? What are the representations made about the account that were supposedly sold? The Purchase Agreement should say this. Your failure to provide the consumer with the OALD requested affects the consumers ability to determine whether the debts were truly owed. Furthermore, not providing this can likely affect the consumers decision-making about whether and how to respond allegedly. What is your interpretation of XXXX XXXX XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX ( XXXX, XX/XX/XXXX ) Let me help you in remedial terms. The FDCPA and this case XXXX XXXX XXXX XXXX XXXX allows me to require in writing that the debt collector provide me with the following : The original contract between you and the creditor with a signature, the source of a debt and the amount a bad debt buyer paid for the plaintiffs debt, documentation showing the generation of the debt to its final collection number, documentation that the debt collector has the AUTHORITY to collect the debt on behalf of the original creditor. After requesting these documents from Surf Consultants II, LLC sent me a lawsuit in the mail which violates the statues in the State of Florida of being properly served. Surf Consultants filed the Lawsuit on XX/XX/XXXX. Also, the originator creditor, XXXX XXXX, filed chapter XXXX bankruptcy on XX/XX/XXXX in the District of XXXX California, and is NO LONGER in business. Surf Consultants is in violation of U. S. Code 1692e Subsection 12-The false representation or implication that accounts have been turned over to innocent purchasers for value. Basically, Plaintiff can not misrepresent that they dont own the debt and they are collecting from the company they purchased it from. Surf Consultants II, LLC must disclose that they purchased the debt. Also, Surf Consultants II, LLC is trying to make an impression to the Court and myself they are trying to collect a debt, keep this false impression that this for the original creditor and clearly it is not. Moreover, Surf Consultants II, can not say they are collecting for XXXX XXXX XXXX unless they have been hired by XXXX XXXX XXXX. Plaintiff must state that they purchased the debt in that they want to collect on the debt for themselves. 

In conclusion, I would appreciate if you would investigate the practices of this Collection Company, Surf Consultants II, LLC, for being in violations of the FDCPA : As per the FDCPA : 1. Civil Liability 15 U. S. C. 1692K- ( a ) Amount of Damages. Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of- subsection ( 1 ) ( 2 ) ( A ) ( B ) 2. Validation of Debt 15 U. S. C. 1692g 3. Communication in connection with debt collection 15 U. S. C. 1692c Ceasing of Communication ( If applies ) As per the FCRA Violations : 2. Section 611 Procedure in case of disputed accuracy 15 U. S. C. 1681i ( 5 ) Treatment of Inaccurate or Unverifiable Information Thank for your time in investigation is debt collector. 

With Regards, XXXX XXXX

Company response to consumer: Closed with explanation