Consumer complaint received 2018-05-26
Company: ERC
State: LA
Product: Debt collection
Sub-product: Other debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
so frustrating i have sent ENHANCED RECOVERY COMPANY XXXX XXXX XXXX XXXX, FL XXXX EIGHT letters asking for validation of this debt because i was never notified about this account from the start it just appeared on my credit profile, I sent in 8 debt validation letters via certified mail & I received no response & I have no knowledge of this debt.This Company is in violation of my rights by law They are required to validate this debt if you dispute a debt because you dont think you owe the money or the amount is incorrect. I sent along with the letters a cease and decease of calling me that was ignored also by this company. This is my next step is to file a lawsuit against.

ENHANCED RECOVERY COMPANY HAS VIOLATED MY CONSUMER RIGHTS, THIS IS THE DEBT VALIDATION REQUEST I SENT THEM 8 TIMES THAT THEY HAVE IGNORED AND FAILED TO PROVIDE ANY INFORMATION.

You are hereby ordered to CEASE AND DESIST any/all phone You are hereby in RECEIPT OF NOTICE under the Fair Debt Collections Practices Act, RCW 62A.3, RCW 19.16 and 19.86 regarding your above referenced file number and presented with a CONDITIONAL ACCEPTANCE OFFER.

In an effort to settle this matter in the most efficient possible manner, I hereby CONDITIONALLY ACCEPT your demand for payment in the above named matter upon your complete and total fulfillment of the following conditions : Condition # 1. A Notarized copy of the ORIGINAL WET INK SIGNED CONTRACT and all other supporting documentation that give rise to and lawfully support the alleged obligations your firm now claims is owed.

Condition # 2. Provide me with a sworn and notarized Affidavit, signed under Penalty of Perjury as follows : a. That your client is the bonafide party in interest and Holder in Due Course of the aforementioned Contract, and that they can and will further produce said ORIGINAL WET INK SIGNED CONTRACT in Condition # 1 above.

b. The names, addresses, dates and duration 's of time during which any and all persons, Corporations, associations, legal firms or any other parties and/or entities who may have had or presently now have any interest in the collection or legal proceedings regarding this alleged obligation.

c. That as a claimed debt collector, you have not purchased evidence of this alleged debt and are proceeding solely in the name of the original contracting party or parties.

d. That you know, understand and agree that certain clauses in a contract of adhesion are unenforceable unless the party to whom the contract is extended could have selectively rejected the clause.

e. That both you and your firm have taken reasonable and prudent due diligence to verify that the amount claimed as owed is, in fact, a legitimate and bonafide debt, prior to instigating this action and making said claim, and that all relevant correspondence, challenges, denials and counter claims by me have been fully and thoroughly reviewed by and adequately answered by your firm both prior to and since initiating this claim.

f. That since initiating this claim, your firm, or associates under your employ, did not contact me at my residence more than three times in any given week or at any other unreasonable time or in any unreasonable manner.

g. That you, your firm or associates under your employ, did not fail to identify themselves as a debt collector in any manner or at any time pertaining to this alleged claim.

Condition # 3. Provide written verification in the form of a signed, sworn and Notarized Affidavit from the stated creditor that you are authorized to act on their behalf in this alleged debt collection action.

Condition # 4. Provide the total account and general ledger statement showing the full and complete Accounting of the alleged obligation you are attempting to collect from me, signed and sworn to by the authorized person responsible for maintaining these records and having first-hand knowledge as to their accuracy and authenticity, and are able and willing to testify to same under oath to that effect.

Condition # 5.Provide Certified and Notarized copies of documents showing that you are or represent a bonafide creditor in a collection process to include : a. A notarized copy of certified documents evidencing that you are allowed to conduct business in the State of LOUISIANA as a collection agency.

b. A notarized copy of the Bond on file with the State of LOUISIANA allowing your firm to operate as a collection agency.

c. A notarized copy of the assignment letter including production of the signatures and status showing your firm as holders in due course of the alleged claim.

Condition # 6.Provide the statutes and enforcing regulations, both Federal and State, which clearly and unequivocally make me liable for this alleged debt.

Condition # 7.Provide the statutes and enforcing regulations, both Federal and State, which clearly and unequivocally allow for the collection of this alleged debt.

Condition # 8.Provide proof that your Notice of Debt Collection, is authorized by such Statutes and enforcing Regulations.

Condition # 9.Provide proof of all relevant signatures and your status as Holders in Due Course of this alleged claim.

Condition # 10. Provide the name ( s ), address ( es ) and telephone number ( s ) of the bonafide creditor ( s ) pertaining to this alleged debt.

Condition # 11. If you are acting as an Agent, provide certified copies of the registered claim upon which you are collecting, showing the name ( s ) of any and all debtors and the respective bonafide creditor ( s ) as the secured party ( s ).

Condition # 12. Provide the national and regional credit and debit card network Rules and Regulations governing electronic payments and ATM transactions ; specifically the production of all versions of the manual in each case for each service/ buyer/ successor/ transference regarding this alleged claim.

Condition # 13. Provide a sworn and Notarized Affidavit, signed under Penalty of Perjury, that all the Rules and Regulations of the National and Regional credit and debit card network Rules and Regulations were never, at any time, violated or circumvented to the detriment of the Affiance pertaining to this alleged claim.

Condition # 14. Provide verifiable proof that any actual money was ever created or loaned to me by the named creditor ( s ) whom you claim to represent, and not mere bookkeeping entries that were made by them in an attempt to establish the alleged obligation or debt, and in which case, this entire matter would constitute fraud on their part, as well as now yours.

NOTICE : Contacting me again without first properly documenting that I have any obligation to you or your claimant pertaining to the above referenced account number, after Verifiable Receipt of this Notice of Conditional Acceptance, will establish and constitute that you deliberately intend to use interstate communications in a scheme of fraud by using further threats, intimidations, deceptions and/or enticements to coerce me to commit some act creating a legal obligation and/or disability where none exists, previously or presently, as well as constituting that you and/or your firm knew or should have known that by such communication, what you have heretofore attempted to do was, and is, false and therefore unlawful. Moreover, until or unless you have fully satisfied all of my demands and claims as stated herein and previously, as well as provided by numerous laws and regulations, both Federal and State, pertaining to this alleged claim, which the courts and/or others who rely upon such written communication may well judge such acts by you as deliberately intended to impair or damage my credit rating, my reputation, my standing in the community as well as to intentionally inflict financial and emotional harm upon me, and assure you that you do so at your own peril and risk.

You have twenty one ( 21 ) days from receipt of this Conditional Acceptance to respond on a point-by- point basis, via sworn Affidavit, under your full commercial liability, signing under penalty of perjury, that the facts contained therein are true, correct and complete, and not misleading in any manner whatsoever. Declarations are an insufficient response, as declarations permit lying by omissions, which no honorable draft may contain.

Your failure to accept my Conditional Offer of Settlement by producing each and every requested answer, record and/or documentation, or in the alternative, sending me written withdrawal of your claim, ( summary judgment ), will constitute your stipulation that I have no duty or obligation to any portion of the above aforementioned debt whatsoever, and that you have no right or basis to pursue any further collection.

Be advised that notice to any agent in your firm or under your employ regarding this Conditional .Offer of Acceptance in considered notice to any and all principals. Further, your failure to fully and completely respond on a point-by-point basis, as well as ANY ACTIVITY by you or your firm to secure payment with a Write of Garnishment, before responding to this Conditional Acceptance, shall be deemed as an Agreement with the facts as stated in the attached Affidavit, and shall be further deemed an Automatic Dishonor of this Conditional Acceptance and your Agreement by you and/or your firm to the immediate payment of {$75000.00} USD, payable to XXXX XXXX as compensating damages.Signed from without the United States in accordance with 28 U.S.C., Sec. 1746 ( 1 ). All rights are reserved without prejudice, UCC 1-207 and RCW 62A.1-207.I have disputed this debt ; therefore, until validated you know your information concerning this debt is inaccurate. Thus, if you have already reported this debt to any credit-reporting agency ( CRA ) or Credit Bureau ( CB ) then, you must immediately inform them of my dispute with this debt. Reporting information that you know to be inaccurate or failing to report information correctly violates the Fair Credit Reporting Act 1681s-2. Should you pursue a judgment without validating this debt, I will inform the judge and request the case be dismissed based on your failure to comply with the FDCPA.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation