Consumer complaint received 2017-06-26
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: FL
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
Be advised this is not a refusal to pay, but a notice that your claim is disputed and validation is requested. Under the Fair Debt collection Practices Act ( FDCPA ), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the living party you are asking to pay this debt, and there is PROOF of contractual obligation proving my obligations to perform or comply, that is binding on me to pay this debt. This is NOT a request for verification or proof of my mailing address, but a request ( demand ) for VALIDATION made pursuant to 15 USC 1692g Sec. 809 ( b ) of the FDCPA. I respectfully request that your offices provide me with competent tangible evidence that I have any legal/lawful obligation to pay you > or company. At this time I will also inform you that if your offices have or continue to report invalidated information to any of the  XXXX  major credit bureaus (  XXXX ,  XXXX ,   XXXX   XXXX   ), this action might constitute fraud under both federal and state laws. Due to this fact, if any negative mark is found or continues to report on any of my credit reports by your company or the company you represent, I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Debt Collection Practices Act and Defamation of Character, & information breach, using fictitious names, reporting false information, punative, and what ever codes and laws that are applicable!. I am sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies. If your offices are able to provide the proper documentation as requested in the following declaration, I will require 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, ( which it already has ). I will consult with legal counsel for suit. This includes any listing of any information to a credit-reporting repository that could be inaccurate or invalidated. If your offices fail to respond with clarity 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. This also includes not contracting with other credit reporting companies or debt collectors using means of extortion in attempt to collect something that was never due. There is also the matter of information breach which   XXXX   puts me at risk currently, It would be advisable that you and your client assure that your records are in order before I am forced to take legal action. CREDITOR/DEBT COLLECTOR DECLARATION Please provide the following : Agreement with your client that grants you the authority to collect on this alleged debt. Agreement that bears the signature of the alleged debtor wherein he/she agreed to pay the creditor. Any insurance claims been made by any creditor regarding this account. Any Judgments obtained by any creditor regarding this account. Name and address of alleged creditor. Name on file of alleged debtor. Alleged account number.
Address on file for alleged debtor. Amount of alleged debt. Date this alleged debt became payable. Date of original charge off or delinquency. Verification that this deb was assigned or sold to collector. Complete accounting of alleged debt. purchase price for information from alleged creditor*, Commission for debt collector if collection efforts are successful. Please provide the name and address of the bonding agent for COLLECTION AGENCY in case legal action becomes necessary. Your claim can not and WILL NOT be considered if any portion of the above is not completed and returned with copies of all requested documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Memorandum in support A misrepresentation is an assertion that is not in accord with the truth. When a person enters a contract because of his justifiable reliance on a misrepresentation about some important fact, the contract is voidable.
Misrepresentations can be either : 1. innocent ( not intentionally deceptive ) or 2.
fraudulent ( made with the knowledge of falsity and intent to deceive ). Contracts induced by misrepresentation or fraud are generally considered voidable. This means that the person whose consent was not real has the power to rescind ( cancel ) the contract. The elements of misrepresentation and fraud are as follows - notice the similarities. ( authors addition ) Innocent misrepresentation Fraud 1. Untrue assertion of fact ( or equivalent ) 2.
Assertion relates to material fact 3. Actual reliance 4. Justifiable reliance 1. Untrue assertion of fact ( or equivalent ) 2. Assertion made with knowledge of falsity and intent to deceive 3.
Actual reliance 4. Justifiable reliance 5. Economic loss ( in a tort action for damages PARTS OF A LAWFUL CONTRACT 1. Parties competent to contract The parties to a contract should be competent, being of the age of consent, of sound mind, not disqualified from contracting by any law to which s/he is subject. A flaw in capacity may be due to minority, lunacy, idiocy, drunkenness or kind. The parties should be of like kind, being either artificial Legal Entity and artificial Legal Entity, or living Man/Woman and living Man/Woman, allowing more than two parties but never a mixture of these kinds. 2. Free and genuine consent The consent of the parties to the agreement must be free and genuine. The consent of the parties should not be obtained by misrepresentation, fraud, undue influence, coercion or mistake. If the consent is obtained by any of these means, then the contract is not valid or lawfully enforceable. 3. Full disclosure When negotiating a contract, full disclosure is the act of providing all material information, or telling the whole truth, about any matter which may influence the decision-making of the other party or parties before they decide to enter into a contract. 4. Sufficient consideration The consideration is something of value possessed by the parties that is brought to the contract table. This something of value is bargained for and given in exchange for a promise or a performance.
The parties must each receive a benefit and each suffer a detriment. To be enforceable, a contract must have sufficient consideration. A contract is unenforceable if it has insufficient or unequal consideration without agreement. 5. Certainty of terms The Terms and Conditions of the contract must be fully disclosed and agreed upon, and must be certain and fixed, i.e. not variable as with interest rates. 6. Meeting of the minds A meeting of the minds consensus ad idem, occurs between the parties when they recognise each other, understand their mutual obligations, and agree. This meeting of minds can only occur between like kinds, being Legal Entity with Legal Entity, or Man/Woman with Man/Woman.
A corporation and another corporation may enter into contract by way of accommodation parties, and a sentient being and another sentient being may enter into a contract directly, but a corporation and a sentient being together can not enter into a contract as they are notof the same and equal kind. 7. Signatures or autographs Written contracts between Legal Entity actors must carry the wet ink signatures of the parties, each wet ink signature being anaccommodation from a Man/Woman. Written contracts between living Men/Women must carry the wet ink autographs of the parties, and/or living identification such as a thumbprint.
Living standing is recognised by a thumbprint, or more often by an unambiguous declaration with the autograph, such as authorised agent written below. 8. Privity of contract A contract exists only between the parties. No third-party can obtain rights contained within a contract, or buy or sell a contract, without the express permission of the original parties.
Best Regards   XXXX   XXXX   cc : Federal Trade Commission. THIS IS A LETTER COMMUNICATION FROM LEGAL COUNSEL ON BEHALF OF   XXXX   XXXX

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation