Consumer complaint received 2017-04-19
Company: CARRINGTON MORTGAGE SERVICES, LLC
State: VA
Product: Debt collection
Sub-product: I do not know
Issue: Cont'd attempts collect debt not owed
Sub-issue: Debt is not mine

Complaint:
Dear CARRINGTON MORTGAGE SERVICES  ( " CMS '' ),    XXXX   XXXX   XXXX   XXXX   XXXX  "  XXXX  '' and  XXXX    XXXX    XXXX   XXXX  A "  XXXX  '' : I received correspondence from you dated  XXXX / XXXX / XXXX ,  XXXX / XXXX / XXXX , and  XXXX / XXXX / XXXX  stating, " This communication is from a debt collector and it is for the purposes of collecting a debt and any information obtained will be used for that purpose ' '. [ Em phasis added ] I have also received your correspondence sent via the mail dated  XXXX / XXXX / XXXX  in response to my complaint against you to the Consumer Financial Protection Bureau  (  Case No.  XXXX  ) also stating the same.   This correspondence is to enforce compliance with the Fair Debt Collection Practices Act ( " FDCPA '' o r " Act '' ) and to notify you that pursuant 15 USC 1692k ( a ) ( 1 ) that CMS,   XXXX , and  XXXX  are liable for " actual damage sustained '' by the Consumer as a result of your failure to comply with the Act, evidenced by the communications I received from you dated  XXXX / XXXX / XXXX ,  XXXX / XXXX / XXXX , and  XXXX / XXXX / XXXX . Notice of additional violations committed by CMS,  XXXX  and  XXXX  evidenced by the communication I from you received dated  XXXX / XXXX / XXXX  are documented by me under a separate cover dated  XXXX / XXXX / XXXX .   Notice is given that I will not be engaging in any legal debates or arguments with you. There is no argument with the law. Any argument would be a deceptive practice and a continual violation of the FDCPA. I am ENFORCING the law under the authority recognized and granted the Consumer by   congress under FDCPA. Congress intended the Act to be " primarily self-enforcing, '' in that " consumers who have been subjected to collection abuses will be enforcing compliance, ''. See S. Rep. No. 95-382, at 5 ( 1977 ). '' I am uninterested in any false notions that the Consumer must pursue a cause of action or other similar legal action in court in order to determine, establish or enforce liability for " actual damage sustained '' by the Consumer as a result of your failure to comply with the FDCPA. Please spare me any such nonsense.
15 USC 1692k ( a ) ( 1 ) clearly states that a " debt collector who fails to comply with any provision of this subchapter with re  spect to any person is liable to such person in an amount equal to the sum of [ ] any actual damage sustained by such person as a result of such failure ''.   Nowhere in   15 USC 1692k ( a ) does it state or imply that the Consumer is required to bring a " legal action '' before " the court '' in order to determine, establish, or enforce liability for " actual damage sustained by '' the Consumer as a result of a " debt collector who fails to comply with '' the FDCPA. The Consumer 's authority operates independent of " the court ''.
Only " in the case of [ an ] action '' by a consumer is the court involved -- and even then -- ONLY to determine " such additional damages as the court may allow ''. See 15 USC 1692k ( a ) ( 1 ) and 1692k ( b ).
Any debt collector that violates any provision of the FDCPA abuses the consumer, and " is liable to such person in an amount equal to the sum of [ ] any actual damage sustained ''. CARRINGTON,     XXXX , and  XXXX  have violated the FDCPA, and thus have abused and injured the Consumer. In exercise of my right to enforce compliance I have enclosed for each of you individually an   Invoice " equal to the amount of actual damage sustained ''. THIS IS A DEMAND FOR PAYMENT. You have 15 days from receipt of the invoice to pay the full balance.
Pursuant 15 USC 1692e : A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.
CMS  ,  XXXX , and  XXXX  have failed to comply with these and multiple other provisions of the FDCPA. As you are well aware and have full knowledge of, I neither now, nor ever have had any financial dealings with C

Company response to consumer: Closed with explanation