Consumer complaint received 2020-09-17
Company: Blitt and Gaines, P.C.
State: IL
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
Re : Account ending in XXXX. Validation of Debt under FDCPA. 

Dear CFPB, XXXX XXXX, Blitt & Gaines and XXXX  XXXX XXXX, ( cc : IL Attorney Disciplinary Commission ) Please find my complaint against illegal collection practices by lawyer XXXX who failed to validate me " debt '' I purportely " owe '' to XXXX  XXXX XXXX ; and sent me evasive and misleading inforation, which under IL law is equal to failure to respond. 

I am in receipt of lawyer XXXX XX/XX/XXXX evasive and incomplete respond to my inquiry where XXXX  XXXX XXXX ( XXXX  ) and lawyer XXXX refused to answer ANY of my direct questions and merely provided me a pile of bills which I suppose to believe are printed from XXXX  XXXX XXXX LEDGER where my Promissory Note is registered as an Asset receivable ; and the following answers : ( 1 )  the creditor is XXXX  XXXX XXXX ; ( 2 ) the account was opened on XX/XX/XXXX ; ( 3 ) current balance is {$5400.00}. 

First, lawyer XXXX failed to explain XXXX XXXX XXXX, XXXX. involvement in my loan, to whom XXXX is a successor in interest. I never had any loans with XXXX XXXX XXXX, XXXX and never received any Notices that XXXX successed them in any interest in my account. 

Second, please provide me the name of Blitt & Gaines client who hired their firm to collect from me. Was it XXXX XXXX XXXX, XXXX, or XXXX  XXXX XXXX or someone else who send Blitt & Ganes referrals via emails or XXXX XXXX or XXXX? Please provide me a copy of the Blitt & Gaines Retainer Agreement with XXXX  XXXX XXXX. 

Second, lawyer XXXX failed to provide me a copy of my Promissory Note with the proof that is was registered on XXXX  XXXX XXXX or any other Companys ledger as an asset and account receivable, as required by GAAP. 

XXXX or someone else purchased from me the promissory note to the bank that funded the loan back to me ( aka paid me for issuing this security for {$6000.00} ) The loan from you to the bank is the deposit of the promissory note. GAAP requires that the bank " match '' a new bank liability with my name on it showing that the bank owes me for the deposit they accepted from me just like they do when I deposit cash into my checking account. 

The formcontract- says that the bank lent me money, but the substancebookkeeping entriessay that the bank accepted your promissory note as new money as a deposit just like depositing cash into your checking account. My signature can not testify that the bank lent me the bank 's money to purchase my promissory note, but the bookkeeping entries prove that they lent no money to purchase my promissory note. This is that simple. 

XXXX XXXX and XXXX pretended that they did not see my request and failed to respond. 

I demand lawyer XXXX and XXXX XXXX XXXX to provide me the copy of my Note, proof of its registration on XXXX  account receivable ; and a contact person at XXXX who is responsible for bookkeeping activities related to my account. 

Second, I asked if my Promissory Note was a subject of securitzation ( which apply to about 100 % of all Promissory Notes ). And if the answer is yes, which Trust has my Promissory Note as their asset. 

Lawyer XXXX and XXXX pretended they did not hear my question ( which I asked already SEVERAL times ) and refused to answer. 

I demand a direct respond was my Promissory Note used in a securitization and which Trust or any other company has my Note as their asset on accounts receivable. Please provide me the name of the Trust ; proof of purchase or other compensation received in exchange for my Note ; and who is the responsible party for this Trust accounting ledger. Please provide me contact information for this person. 

The bank claims that the form says that the bank funded the loan and should be repaid the money but the bookkeeping entries prove the opposite. Did the agreement say that the bank was to steal the promissory note, alter it to become money, and then return the stolen money as a loan or did the bank use their money to purchase the promissory note from me without the economics similar to stealing and counterfeiting and swindling? 


According to OCC Report on XXXX, XXXX  XXXX XXXX ( who claims to be my creditor ) made at least {$12.00} per {$1.00} of assets they have. 

Which means that IF XXXX  XXXX XXXX has my Promissory Note as an asset ( which they must prove first ), they traded my identity and information about my Note for at least 12 times more, which is {$70000.00}. 

I never gave my consent to be a part of XXXX  XXXX XXXX junk securitization ; and never received any compensation for my forced participation in XXXX  XXXX XXXX trades. 

Thus, if XXXX XXXX XXXX received my Promissory Note for free ( {$6000.00} ) plus {$70000.00} in profits by trading my data with help from XXXX XXXX/XXXX ( who forge Promissory Notes for Big Banks via their MSP/VendorScape ), the total amount of unjust enrichment to XXXX is at least {$76000.00}. 

Which is minus {$5400.00} leave it {$14000.00} XXXX  XXXX XXXX owes me as 20 % royalties from trades. 
Lastly, only a creditor who owns a debt or a successor who paid value for the debt has rights to collect. when the investment bank collects the money from investors, it wipes out the loans used to fund homeowner transactions, and pockets the balance. I.E. THERE IS NO LOAN RECEIVABLE BALANCE BUT THE BORROWER DOES NOT KNOW THAT. There is no loan account on the books of any person or company or trust that shows any borrowers transaction as an asset receivable. 
And because no borrower received any information regarding how this was done, they start making payments as directed by people who have no authority to direct anything. The money collected is through a network of lockbox arrangements, like the one in XXXX TX post office. 
Once XXXX provide me a full validation of Debt and Adequate Assurance, I will send you the next payment. This is not a refusal to pay but the request to validate the Debt and Letter for Adequate Assurance.

Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( b ) that 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 that 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 might 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 that you represent I will not hesitate in bringing legal action against you for the following : Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Violations of RICO Act Violations of Hobbs ActDefamation of Character 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 and during such time all collection activity must 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 any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail 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. 

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.

Sincerely XXXX XXXX

Company response to consumer: Closed with explanation