Consumer complaint received 2023-02-20
Company: Law Office of Michael J. Scott, PC
State: TX
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
I received a USP Mail from Scott & Associates Via-Mail on XX/XX/2023 and was told that I owed XXXX XXXX XXXX a Debt that was owed to Original Creditor XXXX. 
NOW COMES Defendant, XXXX XXXX XXXX, named Debtor in the above-entitled and Account Number, files this Debt Validation Request for Complete Validation of said debt. 
I.

GENERAL DENIAL Pursuant to Tex. R. Civ. P. 92, and without waiving any other defenses, Defendant denies. 
each and every allegation of Debt Collectors original debt claims, and demands strict proof thereof by a preponderance of the evidence as required by the Texas Rules of Civil Procedure. Furthermore, I denies the debt collectors allegation and request that all conditions precedent and all documents are validated and presented as I have requested ; Therefore Above debt collector should be denied recovery and the claim voided, furthermore until the conditions precedent below have provided to me in its entirety.

II.

AFFIRMATIVE DEFENSES By way of further Validation, in the alternative if such be necessary, and without waiving any of the foregoing, I XXXX XXXX XXXX, XXXX asserts the following affirmative defenses : 1. Illegality in contract law 2. Debtor is not liable to Debt Collector for the debt claimed because Debtor is entitled to an offset.

3. contract is illegal, and therefore, unenforceable 4. Duress in Contract I not asking just for the last billing statements documents, last for digits of SSN or typed page of transfer of a Notification of Assignment, Sale Transfer of Credit Card Account Information.

I therefore I demand that the debt collector provide me with the following Documents below for complete validation of the said debt : 1. Provide Name and address of original creditor along with verification and documentation that there is a valid basis for claiming that I am required to pay the debt to the current creditor. Please provide a copy of the written agreement that created my original requirement to pay. 
2. A copy of the all-billing statements sent to me by the original creditor since the beginning of the credit card contract agreement. 
3. If there have been any additional interest, fees or charges added since the last billing statement from the original creditor, provide an itemization showing all the dates and amount of each charge added up to the total amount that created the full balance amount claimed due. In addition, explain how the added interest, fees or other charges are expressly authorized by the agreement creating the debt or are permitted by law. 

4. If there have been any other changes or adjustments since the last billing statement from the original creditor, please provide full verification and documentation of the amount you are trying to collect. Explain how that amount was calculated. In addition, explain how the other changes or adjustments are expressly authorized by the agreement creating the debt or permitted by law. 

5. Identify the date of the first and last payment made on this account. 
6. Provide verification and documentation, if there is a charge-off of the alleged debt by the original creditor by providing a copy of the written agreement that created the requirement for your company to seek repayment of the debt claimed and what stipulates your terms to collect the alleged charge-off debt in its entirety. 
7. Please provide proof that the alleged debt has not been satisfied by any means available including the originator creditor receiving federal Tax write-off or credit for the entire debt used by them as a charge off. 

Please provide proof that you have not purchased the alleged debt at lower cost and personally seek to make a profit off knowingly bad debt purchased from XXXX, XXXX by your firm.

Company response to consumer: Closed with explanation