Consumer complaint received 2020-09-14
Company: Universal Recovery Corporation
State: CA
Product: Debt collection
Sub-product: Other debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
On [ XX/XX/2020 ], I sent Universal Recovery Corporation a Direct Dispute FCRA 623, received by express mail # [ XXXX  XXXX XXXX XXXX XXXX  ] on [ XX/XX/2020 ]. Universal Recovery Corporation failed to perform after receiving these presentments from me, and Universal Recovery Corporation failed to perform by reviewing all relevant information provided and conduct a reasonable investigation into this direct consumer dispute and notify me, along with the CRAs to whom Universal Recovery Corporation reports credit data. If Universal Recovery Corporation found that the account it is reporting can not be verified or substantiated Universal Recovery Corporation must delete the tradeline if Universal Recovery Corporation failed or refused to comply with the Act, Universal Recovery Corporation may be sued by the FTC, Consumer Financial Protection Bureau, state government and me. 
Also be advised that as a result of this direct dispute being filed, Universal Recovery Corporation was required by law to hereinafter report this account as " disputed by consumer '' on my credit file if the account is not deleted, or Universal Recovery Corporation is legally barred from continuing to report the alleged account as per, 623 [ 15 U.S.C., 1681s-2 ] ( a ) ( 3 ) which states ; If the completeness or accuracy of any information furnished by any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer " [ Emphasis added ]. This is a non-discretionary duty imposed by the FORA and is not subject to the opinion ( s ) of the furnisher of information.

XXXX XXXX XXXX omitted the 16 CFR 433.3 disclaimer on the alleged Insurance Contract formally known as [ Consumer Credit Contract ], which means there was no holder in due course ; see UCC 3-302 the " Holder in Due '' course takes the instrument free from all claims and defenses that the payer ( XXXX XXXX ) who could assert against any payee ( " XXXX XXXX XXXX '' ), assignee ( Universal Recovery Corporation ) or transferee. " XXXX XXXX XXXX '' and Universal Recovery Corporation accepted the [ Consumer Credit Contract ( insurance contract ) ] subject to claims and defenses 16 CFR 433.3 Preservation of consumer claims and defenses, unfair or deceptive  acts or practice in the connection with any services to XXXX XXXX, in or affecting commerce as commerce is defined in the Federal Trade Commission Act which is a unfair or deceptive act or practice within the meaning of section 5 of that act for a seller ( " XXXX XXXX '' ) and Universal Recovery Corporation to directly or indirectly : ( a ) take or receive a Consumer Credit Contract which fails to contain the following provision in at least ten point bold face type : NOTICE NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE  DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER In order to meet the threshold of the Consumer Finance Protection Bureau requirement, the exception is when XXXX XXXX XXXX and Universal Recovery Corporation behaves in an unfair and deceptive manner, which would then allow the Fair Debt Collection Act to apply to the " XXXX XXXX XXXX and Universal Recovery Corporation ''. The facts stated above about XXXX XXXX XXXXe and Universal Recovery Corporation " is construed as unfair and deceptive in nature as defined by the Federal Trade Commission 5 ( a ) and violates the Fair Debt Collection Practice Act 15 USC section : 1. 1692e ( 6 ) implying that transfer of the debt  caused XXXX XXXX to lose claims or defenses to payment of the debt. XXXX XXXX XXXX and Universal Recovery Corporation made false or deceptive representation by accepting or receiving  XXXX 's [ Consumer Credit Contract '' ] ( insurance contract ) which failed to contain the claims and defense to the payment of the alleged [ Insurance Contract ] debt. The damages are {$1000.00} statutory damages and actual damages of intentional infliction of emotional distress and mail fraud in conjunction with my inquiries and Universal Recovery Corporation responses.

Company response to consumer: Closed with explanation