Consumer complaint received 2023-01-24
Company: Ability Recovery Services, LLC
State: MO
Product: Debt collection
Sub-product: Private student loan debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Threatened or suggested your credit would be damaged

Complaint:
XX/XX/2023 To Whom It May Concern : I am writing this letter to validate a Debt Request Pursuant to 15 USC 1692g.

BE ADVISED, this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g stating your claim is disputed and validation is requested.

This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above-named Title and Section. I respectfully request your offices provide me with competent evidence that I have any legal obligation to pay you.

At this time, I will also inform you that if your offices have reported invalidated information to any of the 3 major credit bureaus ( XXXX, XXXX, or XXXX ) this action may constitute fraud under both Federal and State Laws. 
Due to this fact, if any negative mark is found on any of my credit reports by your company or the company you represent, I will not hesitate in bringing legal action against you and your client for the following : violation of the Fair Credit Reporting Act, violation of the Fair Debt Collection Practices Act, and Defamation of Character ( per se ).

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information, during which time all collection activity shall CEASE and Desist. Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing of information to a credit reporting repository that could be inaccurate or invalidated. 

If your office fails to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file, and a copy of such deletion request shall be sent to me immediately. 

Sincerely, XXXX XXXX The following information is required. Please fill out the form below in its entirety.

11. Name and address of Alleged creditor : 12. Name on the file of the alleged debtor : 13. Alleged Account # : 14. Address on file for alleged debtor : 15. Amount of alleged debt : 16. Date this alleged became payable : 17. Date of original charge off or delinquency : 18. Was this debt assigned to a debt collector or purchased? ____ No ____Yes 19. Amount Paid if the debt was purchased : 20. Commission for the debt if collection efforts are successful : Please attach copies of the following : Agreement with your client that grants Ability Recovery Services , LLC the authority to collect this alleged debt.

Signed agreement Debtor has made with Debt Collector, or other verifiable proof Debtor has a contractual obligation to pay Debt Collector.

Any agreement that bears the signature of Debtor, wherein agreed to pay Creditor.

All statements while this account was open.

Have any insurance claims been made by any creditor regarding this account?

o Yes o No Have any Judgements been obtained by any creditor regarding this account?

o Yes o No Please provide me the name and address of the bonding agent for Ability Recovery Services , LLC, in case legal action becomes necessary : Date : ________________ Authorized Signature of Creditor_________________________ You must return this completed form along with copies of all requested information, assignments, or other transfer agreements, which would establish your right to collect this alleged debt within 30 calendar days from the date of receipt of this letter.

Your Claim can not and WILL NOT be considered if any portion of this form is not completed and returned with copies of all requested documents. This is a request for Validation made pursuant to the Fair Debt Collection Practices Act.

Please allow 30 calendar days for processing after I receive this information. 
Thank You.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation