Consumer complaint received 2023-09-22
Company: Credit Corp Solutions Inc.
State: TX
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Information belongs to someone else

Complaint:
Be advised that your claim is disputed and validation and proof of claim of the disputed debt is requested in accordance with the Fair Debt Collection Practices Act, 15 USC 1692 and as amended by adding the following new Title 8 USC 802 et seq., and the Fair Credit Billing Act, 15 USC. 1666 et seq. All of which work in conjunction with each other, including the Truth In Lending Act ( TILA ) 15 USC 1601 et seq. It is not now, nor has it ever been, my intention to avoid paying any obligation that is lawfully owed by the Claimant. I refuse to pay this alleged debt until the proper validation of this debt is provided. Please cease and desist all collection activities until you can properly validate this alleged debt.

15 USC 1692c ( c ) Ceasing communication If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt.

If proper validation of this alleged debt is not provided within 30 calendar days of receiving this notice, I will assume this alleged debt to be invalid and you shall delete this account and stop all collection activities regarding this account. In order to make arrangements to pay an obligation which may be lawfully owed, please document and verify the debt by complying, in good faith, with this request for validation and return it to me, within thirty ( 30 ) days of receipt of this letter.

This is NOT a request for verification or proof of Claimant mailing address, but a request for VALIDATION and PROOF OF CLAIM made pursuant to the above-named Titles and Sections. I respectfully request that your offices provide Claimant with competent evidence as per the attached Declaration and Proof of Claim that I have any legal obligation to pay you the unsubstantiated alleged debt.

Provide under Rule 1002. Requirement of the Original An original writing, recording, or photograph is required in order to prove its content unless these rules or a federal statute provides otherwise.

Furthermore, you shall cease all verbal communication. No phone calls, no text messages, no social media contact, no ringless voicemail contact, no email contact, the only communication must be through the UNITED STATES POST OFFICE, to the Claimant.

Title 8 USC 809. Validation of debts [ 15 USC 1692g ] ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

BLACKS LAW DICTIONARY : VERIFICATION. Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition.

In conjunction with the above request, upon further investigation I did not receive All MY TRUTH IN LENDING DISCLOSURES.

Provide me with my truth in lending disclosures 15 usc 1635 ( a ) The information and rescission forms required under this section together with a statement containing the material disclosures required under this subchapter.

The creditor shall clearly and conspicuously disclose, in accordance with regulations of the Bureau, to any obligor in a transaction subject to this section the rights of the obligor under this section.

The creditor shall also provide, in accordance with regulations of the Bureau, appropriate forms for the obligor to exercise his right to rescind any transaction subject to this section.

Under 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information You failed to prove me with the Required disclosures to OPT out of having my information reported.

The law is very clear and before you reported my information to any nonaffiliated 3rd party ( Consumer Reporting Agencies ) you should have given me the following disclosures and you did not.

Provide me with the following ; ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title.

( b ) Opt out ( 1 ) In generalA financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.

CREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF CLAIM Please provide all of the following information and submit the appropriate forms and paperwork back to me along with an Affidavit signed In Accordance with 28 U.S.C. 1746 within 30 days from the date of your receipt of this request for validation and proof of claim.

Alleged Name and Address of Creditor Name on File of Alleged Debtor : Alleged Account # : Amount of alleged debt : Date that this alleged debt became/becomes payable : Date of original charge off or delinquency : Amount paid if debt was purchased : Please attach a copy of any signed agreement alleged debtor/claimant has made with debt collector, or other verifiable proof that debtor/claimant has a contractual obligation to pay debt collector.

Furnish a copy of the original promissory note/agreement redacting my social security number to prevent identity theft and state that your client named above is the holder in due course of the note agreement and will produce the original for my own and a judges inspection should there be a trial to contest these matters.

Produce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. Such as ; FR 2046 balance sheet ( XXXX # XXXX XXXX, XXXX, XXXX ), 1099 OID report, XXXX registration XXXX, XXXX prospectus, XXXX & XXXX call schedules Identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt. 
Verified specifically, name ( s ) of person ( s ) assigned as Trustee to handle Corporations affairs and to be held accountable for the actions of the Corporation. Such as CFO and subordinates responsible for debt collections.

Verify as a third-party debt collector, you have not purchased evidence of the alleged debt and are proceeding with collection activity in the name of the original maker of the note. 
Verify you know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity. 
Provide verification from the stated creditor that you are authorized to act for them. 
Verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing, which you know is false with the intention that others rely on the written communication to their detriment a violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341. Disputing the Debt,

Company response to consumer: Closed with explanation