Consumer complaint received 2022-10-04
Company: Aldridge PIte Haan, LLP
State: GA
Product: Debt collection
Sub-product: Credit card debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Collected or attempted to collect exempt funds

Complaint:
On XXXX Aldridge Pite Haan LLP charged my credit card {$1600.00}. I have never had any business dealing with this company. I have attempted to call and ask to provide my social security number and no accounts are found. I have contacted my credit card company and was informed to reach out the the company. Attached is the transaction that was deducted off of my credit card. I am asking the CONSUMER FINANCIAL PROTECTION BUREAU TO ENFORCEMENT AS THIS IS THEFT OF FUNDS FROM THIS DEBT COLLECTOR FOR DEBTS THAT I DO NOT OR NOR HAVE I HAVE OWED WITH THIS COMPANY. 

1 ) Please validate a debt as allowed to the debtor under 15 USC 1692 ( g ) Section 809 ( b ) ; 2 ) Please provide a valid basis for the debt, such as the original contract/agreement, the promissory note between Consumer and original Creditor, bearing Consumer wet-ink signature ; 3 ) Please provide proof when the original creditor claims this debt became due and when it became delinquent ; 4 ) Please provide a valid basis for the debt, such as the original contract/agreement, the promissory note between Consumer and Collector, bearing Consumer wet-ink signature ; 5 ) Please provide a copy of the last billing statement sent to the Consumer by the original Creditor ; 6 ) Please provide late payment notice and/or account closing notice provided by the original Creditor ; 7 ) Please provide me a verified ( sworn to by Affidavit ) copy of the contract your firm has with the original Creditor authorizing your firm to engage in collection activities on their behalf against the above-alleged account ; 8 ) Please provide me a verified certificate of authority and/or proof that your company is licensed to collect in my State ; 9 ) Please provide a general ledger statement showing the full accounting of the alleged obligation you are attempting to collect, accompanied by a commercial affidavit by the original custodian of the books and records ; 10 ) Please provide the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. Such as F.R. 2046 balance sheet ( O.M.B. # XXXX XXXX, XXXX, XXXX ), 1099 OID report, S-3/A registration statement, 424-B5 prospectus, RC-S, and RC-B call schedules ; 11 ) Please provide verification and/or a copy of any judgment if applicable ; 12 ) Please provide proof of any interest, fees, or other charges expressly authorized by the agreement; 13 ) Please provide a certified copy of all Public Hazard Bond ( s ) and Liability Insurance Policy ( s ) and accounting demonstrating the financial capability of the Collector ; 14 ) Please provide proof that the alleged debt has not already been satisfied by any means available, including but not limited to a Tax write-off, an Insurance Claim, or selling the purported debt to a third-party debt collector ; 15 ) The person that prepares and swears to the validation of debt must describe : 1 ) your job description on a daily basis ; 2 ) if you are the regular keeper of those books and records and are familiar with how they are kept and their contents ; 3 ) how long have you been in your position ; 4 ) when did you first come in contact with the alleged account/debt ; 5 ) how frequently do you work with the files and information they are presenting to verify/validate the alleged debt ; 6 ) are you the person/employee who regularly works with the alleged account/debt, and 7 ) do you have personal knowledge about the alleged debt and/or any alleged account ; 16 ) Please provide a Statute of Limitations expressly authorized by the agreement; 17 ) Please provide an affidavit signed under the Penalty of Perjury that the Collector or any agent ( s ) acting on their behalf has not violated any portion of the Fair Debt Collection Practice Act .

18 ) Finally, verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing writing, which you know is false with the intention that others rely on the written communication to their detriment a violation of United States Code TITLE 18 U.S. Code 1346 - scheme or artifice to defraud and U.S.Code -18 U.S.C. 666 theft or bribery concerning programs receiving Federal Funds ).

15 U.S.C. 1692 ( e ) states that a false, deceptive, and misleading representation, in connection with the collection of any debt includes the false representation of the character or legal status of any debt and further makes a threat to take any action that can not legally be taken as deceptive practice.

Pursuant to 15 U.S.C. 1692 ( g ) ( 4 ) Validation of Debts, if you have evidence to validate your claim that the attached presentment does not constitute fraudulent misrepresentation and that one owes this alleged debt, this is a demand that, within 30days, you provide such verification/validation and supporting evidence signed and certified under penalty of perjury to substantiate your claim. Until the requirements of the Fair Debt Collection Practices Act have been complied with, and your claim is verified/validated, you have no consent to continue any collection activities.

This is a constructive notice that, absent the validation of your claim within 30 days, you must cease and desist any and all collection activity and are prohibited from contacting me through the mail, by telephone, in person, at my home, or at my work. You are further prohibited from contacting any other third party. Each and every attempted contact, in violation of this act, will constitute harassment and defamation of character and will subject your agency and/or attorney and any and all agents in his/her individual capacities, who take part in such harassment, and defamation to liability for actual damages, as well as statutory damages of up to {$1000.00} for each and every violation, and a further liability for legal fees to be paid to any counsel which I may retain. Further, absent such validation of your claim, you are prohibited from filing any notice of lien and/or levy or judgment and are also barred from reporting any derogatory credit information to any credit reporting agency regarding this disputed purported debt.

Please take notice that this is a criminal investigation of the business practices of the above-named organization or other government units, its agents, officers, employees, and attorney to determine violations of the United States criminal laws. Your enclosed claim of collection of a purported debt appears to be founded upon a false record in violation of U.S.C. Title 18 2071 and 2073 ( falsifying records ) and further; uttering and possessing false obligations and counterfeit securities based upon the falsified records in violation of U.S.C. Title 18 471, 472, 473, and/or 513, and further : using corrupt business practices to make and possess false records and claims of obligation not substantiated by truthful facts in violation of the Federal Racketeer Influences and Corrupt Organization ( RICO ), U.S.C. Title 18 1961 et. seq. and further : using the U.S. Mail to present such fraud and false instruments amounting to mail Fraud, criminal conduct falling under Title 18 U.S.C. 1341 Frauds and Swindles laws, and further sending mail with false and fictitious names, a criminal conduct falling under Title 18 U.S.C. 1842 Fictitious Names TAKE NOTICE Debt Collectors failure in providing Respondent with the requisite verification, validating the above referenced alleged debt within the requirements of the law as codified in the Fair Debt Collection Practices Act, Fair Credit Reporting Act, and the corresponding laws of each StaStateignifies that Debt Collector tacitly agrees that : a. Debt Collector has no lawful, bona fide, verified claim re the above-referenced alleged account : b. Debt Collector waives any and all claims against Respondent and c. Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs, fees, and expenses incurred in defending against this and any and all continued collection attempts re the above-referenced alleged account.

d.Failure of Debt Collector to verify/validate alleged debt legally and adequately as required in this notice is a self-executing irrevocable power of attorney authorizing Respondent/Alleged Debtor named herein to direct the permanent removal, on behalf of the alleged Creditor, of any and all references to said account in any and all credit reporting agency files of any type.

Company response to consumer: Closed with explanation