Consumer complaint received 2023-11-08
Company: Andreu, Palma & Andreu, PL
State: FL
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was paid

Complaint:
I confirm that I have received two written communication from you dated XX/XX/2023, wherein you make reference to the above captioned matter. It is apparent that you are acting on the presumption that we had a contract or agreement. I am unaware of this contract or agreement between Andrea, Palma, Lavin & Solis PLLC and XXXX XXXX. I dont understand how to respond to you inasmuch as I am unaware of any contract relationship between us. 

As a courtesy I will entertain this presentment by demanding you to validate the alleged debt within XXXX ( XXXX ) days of the date of this Notice. Failure to properly respond and continue with collections activities will be follow up with my FTC, CFPB, XXXX  and Attorney General complaint, fee schedule, and lawsuit. This is NOT a request for statements or fraudulent copies from XXXX XXXX XXXX and is not to be treated as one. 


This Letter of Intent to Sue serves as a formal notice of my intent to file a lawsuit against Andrea, Palma , Lavin & Solis PLLC in federal court for Mail fraud, False or misleading representations, defamation of character with XXXX XXXX. Furthermore, gross misrepresentation, Slandering and Libel, Conspiracy, Racketeering, negligent and Civil liability for willful noncompliance with the law. 


1. I am writing to dispute account # XXXX, Reference # # XXXX and account # XXXX, RE : # XXXX fraudulently opened in my name, XXXX XXXX. 

2. On or about XX/XX/2023, Andrea, Palma, Lavin & Solis PLLC made first communication with XXXX XXXX by mail demanding payment for alleged debt in reference to XXXX  XXXX XXXX. 

3. The alleged debt was sold to Andrea, Palma, Lavin & Solis PLLC. I am demanding the alleged debt purchase agreement. ( Collection letters, attached ) 4. A debt collector is someone or business who regularly collects debts owed to others. 

5. XXXX XXXX do not have any contract with Andrea, Palma, Lavin & Solis PLLC 6. Privity of contract, a contract that exists only between the parties no third party can enforce or obtain rights without the express permission of the original parties.

7. Andrea, Palma, Lavin & Solis PLLC used false representation, deceptive means to attempt to collect debt or to obtain information concerning XXXX XXXX. 

8. Andrea, Palma, Lavin & Solis PLLC made false representation regrading material facts of the ledge debt. Multiple violations of Federal Debt Collection Practices Act ( FDC PA ).

9. XXXX XXXX relied on the fraudulent misrepresentation which resulted in me being harmed and damaged. 

10. XXXX XXXX have been harmed and damaged Because Andrea, Palma, Lavin & Solis PLLC action with XXXX XXXX. 

11. XXXX XXXX is entitled to damages for harmed. 

12. Around or on XX/XX/2023, a lawsuit will be file in Federal court. 

13. I will also be filing for discover, jury trial and punitive damages. 

14. If Andrea, Palma, Lavin & Solis PLLC do not respond within XXXX days of receipt of this letter it will be Andrea, Palma, Lavin & Solis PLLC admission that Andrea, Palma, Lavin & Solis PLLC is attempting to commit Mail fraud, False or misleading representations. Furthermore, agreement to close account, dismissal of current, past and future actions. 

15. The charge for Mail fraud, False or misleading representations, defamation of character, gross misrepresentation, Slandering and Libel, Conspiracy, Racketeering, negligent and Civil liability for willful noncompliance with the law is {$22.00}, XXXX and {$81000.00} a total of {$100000.00} fraud total amount, payable within XXXX  days of receipt of this letter. 

16. If not paid within XXXX  days Andrea, Palma, Lavin & Solis PLLC will be responsible for additional damages of {>= $1,000,000} ( XXXX XXXX XXXX  ) check or wire. Andrea, Palma, Lavin & Solis PLLC total amount due to {>= $1,000,000} payable to XXXX XXXX. Desired settlement and resolution {$100000.00} payable check to XXXX XXXX by due date. 

17. These charges will apply to every instance of Mail fraud, False or misleading representations, Copies of fraudulent statements from XXXX  XXXX XXXX, defamation of character and multiple violations of Federal Debt Collection Practices Act ( FDC PA ). 

18. Please take notice that demand is hereby made that Andrea, Palma, Lavin & Solis PLLC immediately pay {$100000.00} in check for settlement. If you wish to resolve this matter without court action, please contact me at the above email address within XXXX business days of receipt of this letter. If I do not hear from you/your company within the time frame indicated above, I will purse actions necessary for the commencement of legal proceedings in the court of applicable jurisdiction and will be seeking costs against you/your company in respect of same. I look forward to your resolution.

19. Any agreement that was not fully disclosed to XXXX XXXX by XXXX  XXXX XXXX, FAILURE OF CONSIDERATION. XXXX  XXXX XXXX accepted XXXX XXXX security instrument, its rights of recourse are discharged under U.C.C. 3-311, 3-603 and 604, and therefore XXXX XXXX XXXX owes XXXX XXXX money not the other way around. XXXX XXXX security is an equal exchange of value for alleged debt obligation. XXXX  XXXX XXXX breach of contract and failure of consideration! XXXX  XXXX XXXX violations of Truth in Lending Act ( TILA ), TILA required full disclosure. Such a contract or agreement is null and void, as if it never existed at all, and all to return to the lawful owner plus reasonable money and interest. I am not obligated by any contract or agreement obtained under conditions of fraud, deceit, or non-disclosure. XXXX  XXXX XXXX gave no consideration. Furthermore, there can be no payment of debt. Only discharge of debt, acceptance and return for discharge. I will file a lawsuit against XXXX  XXXX XXXX for breach of contract. 
Default by remaining silent. Andrea, Palma, Lavin & Solis PLLC to dismissal of current, past and future actions from XXXX XXXX and pay for default {$100000.00}. 

If you wish to resolve this matter without court action, please contact me at the below email address within XXXX business days of receipt of this letter. If I do not hear from you/your company within the time frame indicated above, I will pursue actions necessary for the commencement of legal proceedings in the court of applicable jurisdiction and will be seeking costs against you/your company in respect of same. I look forward to your resolution.

Please note, the above figures are valid until : XX/XX/2023. Therefore, all funds must be received at above address on or before XXXX XXXX  on said date at above address. Any funds received after that date will be returned and new figures must be requested. 

XXXX XXXX by law will enforce my rights, seek relief and recover of all monetary damages that I may be entitled to under mail fraud, Intentional act of fraud, deliberate concealment of material information, defamation of character, aggravated identity theft, GROSS MISREPRESENTATION, Racketeer, extortion, theft by deception, mail fraud, False and misleading representations, and multiple violations of state and Federal, and regarding your continued willful and negligent noncompliance. 

XXXX XXXX will be compelled to pursue potential legal action against Andrea, Palma, Lavin & Solis PLLC. I will be seeking injunctive relief, substantial monetary damages, including, but not limited to, special, punitive, and compensatory damages, attorneys fees, and all additional remedies, relief, and penalties by law or in equity, to the fullest extent permitted by law. The foregoing is submitted without prejudice and with full reservation of all rights and remedies. 

* IMPORTANT : At least XXXX hours prior to tendering funds to XXXX XXXX, please email to confirm payment or wiring information at the following email XXXX. 
My federal court XXXX lawsuit against XXXX XXXX  for FDCPA violations XXXX XXXX XXXX XXXX XXXX XXXX case # XXXX Your prompt attention is appreciated.

Company response to consumer: Closed with explanation