Consumer complaint received 2023-06-01
Company: Sequium Asset Solutions, LLC
State: FL
Product: Debt collection
Sub-product: Other debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
My name is XXXX XXXX, a federally protected consumer, and I am making this complaint against SEQUIUM ASSET SOLUTION, for committing identity theft. I have never given SEQUIUM ASSET SOLUTION, any permission to use any of my identifying information to commit mail fraud by contacting me about an alleged debt they claim I owe. I am aware that in accordance with Article 9, the assignment of a defaulted note is illegal. Both the assignee and the assigned are both liable for violations under 15 U.S. Code 1692e ( 12 ). I have not validated any alleged debt with SEQUIUM ASSET SOLUTION and my failure to dispute the validity of these alleged debts shall not be construed as an admission of liability. As of XX/XX/23, I have not received any documentary evidence, such as a trilateral contract, giving SEQUIUM ASSET SOLUTION Subject : Cease and Desist Illegal Activity and Collection Efforts Dear Sir/Madam, I am writing to bring to your attention the serious matter of identity theft and fraudulent collection activities that I have been subjected to by your company, SEQUIUM ASSET SOLUTION. This letter serves as an official notice demanding an immediate cease and desist of all illegal activities, communication, and collection efforts regarding the alleged debt you claim I owe.

First and foremost, I want to assert that I have never given SEQUIUM ASSET SOLUTION any authorization or permission to use my identifying information for the purpose of committing mail fraud or engaging in any other unlawful activities. It has come to my attention that in accordance with Article 9, the assignment of a defaulted note is illegal, rendering both the assignee and the assigned liable for violations under 15 U.S. Code 1692e ( 12 ).

Furthermore, I would like to emphasize that I have not validated any alleged debt with SEQUIUM ASSET SOLUTION. My failure to dispute the validity of these alleged debts should not be misconstrued as an admission of liability on my part. As of XX/XX/23, I have not received any documentary evidence, such as a trilateral contract, that grants SEQUIUM ASSET SOLUTION any right to collect on this alleged debt. 
Additionally, it has come to my attention that SEQUIUM ASSET SOLUTION has furnished this alleged debt to my consumer report without providing any prior documentation requesting validation. This action constitutes multiple violations under the Fair Credit Reporting Act ( FCRA ) and the Fair Debt Collection Practices Act ( FDCPA ), including but not limited to 15 U.S. Code 1692d ( 4 ), which the Federal Trade Commission ( FTC ) defines as debt parking.

In light of the above, I demand that SEQUIUM ASSET SOLUTION provide me with sufficient documentary evidence to validate this alleged debt. This evidence should include a tracking number or any other lawful means by which you attempted to validate this alleged debt with me, the consumer, prior to furnishing it on my consumer report. Failure to produce this documentary evidence will lead me to conclude that the account has been fraudulently furnished with forethought and malice, with the intent to harm my financial reputation. 

I want to make it explicitly clear that I am legally refusing to pay this debt in accordance with 15 U.S. Code 1692c ( c ). Therefore, I demand an immediate and unconditional cease and desist of all collection activities and communication related to this alleged debt until such time that SEQUIUM ASSET SOLUTION can provide me with sufficient documentary evidence of my legal obligation to pay. 

Please be aware that should SEQUIUM ASSET SOLUTION continue its collection efforts without producing the requested documentary evidence, I will have no choice but to pursue legal action. This may include filing a lawsuit to claim actual damages caused by your company 's actions. Furthermore, SEQUIUM ASSET SOLUTION may be held criminally liable for aggravated identity theft pursuant to 18 USC 1028A, as well as for extortion, theft by deception, securities fraud, and mail fraud.

I expect your full cooperation in this matter. Upon receipt of this letter, you are hereby notified pursuant to UCC 1-202f. Your prompt attention and response to this serious issue are both requested and required. Failure to comply with this cease and desist notice may result in further legal action being taken against SEQUIUM ASSET SOLUTION.

Please acknowledge receipt of this letter within ten ( 10 ) days from the date of this correspondence.

Company response to consumer: Closed with explanation