Consumer complaint received 2021-08-27
Company: CITIBANK, N.A.
State: GA
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was paid

Complaint:
On XX/XX/2021 at XXXX. Citibank called me - violation of 15 USC 1692c ( a ) ( 1 ). This code says that a debt collector ( Citibank ) shall assume that the convenient time for communicating with a consumer is after XXXX  oclock XXXX  and before XXXX oclock XXXX, local time at the consumers location. Assume is the key word in this law and it is never a convenient time for a debt collector to call me, the consumer, about an alleged debt owed. Causing my phone to ring is also a violation of 15 USC 1692d ( 5 ). When I picked up the phone the automated system said " this an attempt to collect a debt '' which is a violation of 15 USC 1692e ( 11 ). When I spoke to a representative she stated that I had a payment due of {$51.00} which included a {$4.00} late payment. I informed her that I was a consumer and a natural person who does not owe a debt pursuant to 15 USC 1692b ( 2 ). Also stating that I have a late payment is considered obscene or profane language or language the natural consequence of which is to abuse the hearer or reader pursuant to 15 USC 1692d ( 2 ). She asked if I would like to speak to her supervisor and I said yes. When the supervisor, XXXX  I think was her name came on the she stated that I had an outstanding debt and asked how I would like to take care of it. I told her pursuant to 15 USC 1692b ( 2 ) that a debt collector can not state that a consumer owes a debt. I gave her specific laws that she was violating and then asked her if there was a finance charge associated with the Best Buy-Citibank card. She said " yes ''. I told her that pursuant to 15 USC 1605 because there is a finance charge this confirms that this was consumer credit transaction. She said that she does have anything to do with credit bureaus and I can direct my concerns to them. I said ma'am this does not have anything to do this credit agencies and asked her if they adhere to Truth in Lending Laws and she said yes. I stated well if you adhere to Truth in Lending Laws then you should know that 1 ) I do not owe this alleged debt 2 ) my data elements extended Citibank this credit so my signature is was payment. She said she was not a lawyer and they have a legal department to handle this and I told her that an attorney can not represent this corporation as it relates to this matter pursuant to 15 USC 1692e ( 3 ). She said that because I signed a contract I can't just expect not to pay I have to fulfill my contract. I told her that that contract is fraudulent especially if I extended my credit and they have my negotiable instrument to turn around and say I owe them anything., which is also a violation of 15 USC 1692j. 12 USC 412 covers application for notes. Then the supervisor asked me " does this mean you are saying that you are not going to pay, because if you are not then I can to the paperwork to send you over to collections '' - this is a violation of 15 USC 1692d ( 1 ) and 15 USC 1692d ( 2 ). I told her that I wanted I wanted a notarized letter from Citibank showing me where they have " loaned '' me money as a validation of debt. The word loan is not defined under Truth in Lending Laws or under the Fair Debt Collections Practices Act ( FDCPA ) so I cant pay anything that the law doesn't define as it relates to myself as a consumer. The supervisor asked me the same question again " does this mean you are saying that you are not going to pay ''. I said I've already told you what I needed and I am on a recorded line and any further communication needs to be sent through the mail. She said she did not agree to be recorded. I said " I never said I was recording you, I said I was on a recorded line, when I picked up the phone the Citibank automated system said that this call was being monitored and recorded, so again if there is anything else that you need from me you can put in the mail ''. She said that she was going to fill out some paperwork and put me on the do not call list and I said while you are at it put a cease and desist notice as it relates to the collection of any debt. After I said that I hung up the phone.

Company response to consumer: Closed with explanation