Consumer complaint received 2018-07-27
Company: Advent Financial Systems, LLC
State: KY
Product: Debt collection
Sub-product: Other debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
Re : CR Number XXXX, Erroneous invoice dated XX/XX/2018 I, XXXX XXXX dispute the above referenced and attached bill as already paid as all the money on my persons at time of arrest was never returned and no seizure order was signed by a judge and ordered as according to the US constitution and applicable KRS, it is contrary to KRS 441.265 ( 1 ) as no court order exists by the sentencing court, is contrary to KRS 441.265 ( 2 ) ( a ) 2 allowing no more than $ 50/day for room and board ( questionable as a legal day is not defined in this law, is generally accepted as a 24 hour period and I was only incarcerated for 8 hours ), as well as according to KRS 441.265 ( 2 ) ( b ) I was never afforded consideration of my ability to pay, even after my personal cash ( I believe I had around {$200.00} in my pocket ) never returned. Therefore, this invoice is a false and misleading representation of the amount of a debt ( FDCPA subsection 807 ( 2 ) ( A ) ) Please make no mistake that Advent Financial Systems is governed by the FDCPA as the definition of a debt collector is stated. by law, in FDCPA subsection 803 ( 6 ) as : The term " debt collector '' means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause ( F ) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of section 1692f ( 6 ) of this title, such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests.

Furthermore, this document coming from Advent Financial Systems is also a false and misleading representation in that it has the seal of the Commonwealth of Kentucky, when, Advent Financial Systems is simply a debt collector. This is contrary to FDCPA subsection 807 ( 9 ) and ( 10 ). This is also in direct violation of FDCPA subsection 812 Furnishing certain deceptive forms.

Further, this debt collector is in violation of validation of debt as according to FDCPA subsection 809 in that : when I called this day of XX/XX/2018, they refused to validate the debt, had no idea where the money is that was taken from my person, presumably to pay for this debt, nor where my change was of the overpayment. Her resolution was that I call the original debtor contrary to FDCPA subsection 809 ( 4 ) FDCPA subsection 809 ( b ) is very specific in the mandate of the responsibilities of the debt collector when the validity of a debt is being disputed, just as I am disputing this one.

This billing also fails in that the mandatory statements of subsection 809 ( 3 ) and ( 5 ) do not exist on the billing.

At this point, and with only the violations listed, as according to FDCPA subsection 813, civil liability, the infractions named could cause a liability of {$7000.00} or more. As well, according to the FDCPA subsection 814 the Federal Trade Commission is authorized to enforce compliance with the FDCPA.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation