Consumer complaint received 2023-08-01
Company: Ability Recovery Services, LLC
State: AR
Product: Debt collection
Sub-product: Federal student loan debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Threatened or suggested your credit would be damaged

Complaint:
Affidavit Of Truth Notice to all, I am that I am, the consumer in Fact, natural person, Original creditor, lender, executor, administrator, holder in due course for any and all derivatives there of for the surname/given name XXXX, XXXX and XXXX have been appointed and accept being the executor both public and private for all matters proceeding, and I hereby claim that I will d/h/a XXXX, XXXX and autograph as the agent XXXX attorney in fact, so be it ; Whereas, I of age, majority, give this herein notice to all, I make solemn oath to the one and only most high of creation only, whoever that may be, and I depose the following facts, so be it, now present : Fact, The Fair Debt Collection Practices Act is intended to secure my privacy and my privacy has been breeched so be it, and ; Fact, I am sure removal of my information from your website, company records, or any and all derivatives, therefore, of, and/or with any affiliates will ensure my privacy rights wont be violated again due to my lack of consent and herein unrebutted Affidavit of Truth being serviced to you and therefore as truth of commerce, so be it, and ; Fact, please show good faith in this matter by expediting the securing of the alleged information listed on your site in order to avoid me receiving further injury, damages, mental anguish, and losses due to me being a victim of identity theft, so be it, and ; Fact, affiant is aware and has proof in attachment labeled as Exhibit A Ability Recovery willfully and knowingly violated { 15 USC 1692a } abusive practices there is abundant evidence of the use of abusive deceptive and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies to martial instability to the loss of jobs and to invasions of individual privacy. You invaded in my privacy even knowing where I stay, and I havent done no business with your company my personal identifier my privacy is expose did I consent for your company to have that Fact, affiant is aware and has proof in the attachment labeled as Exhibit A Ability Recovery willfully and knowingly violated of { 15 USC 1692c ( a ) Communication with the consumer generally without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt. 

Fact, affiant is aware and has proof in the attachment labeled as Exhibit B Ability Recovery willfully and knowingly violated { 15 USC 1692d ( 4 ) ( 4 ) The advertisement for sale of any debt to coerce payment of the debt Fact, affiant is aware and has proof in the attachment labeled as Exhibit A Ability Recovery willfully and knowingly violated 15 USC 1692g ( 3 ) ( 4 ) ( 5 ) a statement that unless the consumer within 30 days after receipt of the notice disputes the validity of the debt or any portion thereof the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty -day period that the debt or any portion thereof is disputed, the debt collector will obtain verification of the debt or a copy of a judgement against the consumer and a copy of such verification or judgement will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumers written request within the thirty day period, the debt collector will provide the consumer with the name and address of the original creditor if different from the current creditor. 

Fact, affiant is aware and has proof in the attachment labeled as Exhibit A Ability Recovery willfully and knowingly violated { 15 USC 1692b ( 5 ) not use any language or symbol on any envelop or in the CONTENTs of any communication effected by the mails or telegram that indicate that the debt collector is in the debt collection business or that the communication relates to the collection of a debt ; and Fact, affiant is aware and has proof in the attachment labeled as Exhibit A Ability Recovery willfully and knowing { 15 USC 1692d ( 2 ) } the use of obscene language or language the natural consequence of which is to abuse the hearer or reader Fact, affiant is aware and has proof in the attachment labeled as Exhibit B Ability Recovery willingly and knowingly violated { 15 USC 6802 ( 1 ) ( 2 ) ( 3 ) } GRAMM LEE BLILEY ACT. furnished my personal credit data to a nonaffiliated third part ( consumer reporting agencies ) without furnishing my disclosures. 

Fact, Affiant is aware and has proof in the attachment labeled as Exhibit B Ability Recovery willfully and knowingly violated { 15 USC 1681b ( 2 ) } your company stole my identity and furnished misrepresentation of me to my consumer report without my written instruction definition of identity theft is with out written consent { 15 USC 1692k } Civil Lability ( a ) amount of damages Except as otherwise provided by this section any debt collector who fails to comply with any provision of this subchapter with respect 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 in the case of any action by an individual such additional damages as the court may allow but not exceeding XXXX THIS AFFIDAVIT HAS TO BR REBUTTED POINT BY POINT WITH AFFIDAVIT OR SWORN STATEMENT UNDER THE PENALTY OF PERJURY ANY PARTIAL RESPONSE IS NOT ACCEPTED AND TAKEN AS A NONRESPONSE Now I understand economic hardships however I want to try and settle this amicably and peacefully I sent you the pre arbitration demand letter I would like settle for XXXX dollars before I take this to the arbitrator I thought I should give you opportunity to cure since your company purchase the debt that hold your company subjected to their clause and if you dont want to arbitrate or dont feel like you under their clause this will be a federal case I will pursue. 

XXXX. I want to be compensated XXXX for your noncompliance to the 12 violations under FDCPA 2. and my pain and suffering and defamation of character. 

XXXX. I want this account deleted immediately. 


XXXX. Cease and desist all communications through all mediums including Consumer reporting agencies only communication through via mail to know if your company wan na settle the and a response to this affidavit Thank you! 
I swear to all information provided herein, I do so under the penalty of perjury that the information so affirms to be true, correct, accurate to the best of my ability and knowledge, so be it ; I DO NOT ACCEPT THIS OFFER TO CONTRACT. 
I DO NOT CONSENT TO THESE PROCEEDINGS. 
I DO REQUIRE SUBROGATION OF THE BOND TO SETTLE. 







INVOICE From : XXXX XXXX To : Ability Recovery XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX, PA XXXX Term : check Description : 12 Fair debt practices act violations and defamation of my character. 
XXXX XXXX XXXX : XXXX XXXX  this is a Notarized affidavit of truthXXXX ability recovery quoted that they do not do affidavit of truth sworn under penalty of perjury which put them in default i have given them opportunity to cure however i called ability recovery regarding them all of the sudden deleting this alleged account off my consumer report as of Tuesday XX/XX/2023, around XXXX XXXX XXXX the lady said that XXXX XXXX said delete it and send back to XXXX college. Ability recovery injured me by Infringing on my privacy, reporting invalidated information on my consumer report and more according to the affidavit and deletion is admission. Admission is defined : In evidence. A voluntary acknowledgement, confession, or concession of the existence of a fact or the truth of and allegation made by a party to the suit. Ability Recovery should not be able to damage my credit and all of the sudden delete it and not compensate me for my injuries. Even after i cease and desist Ablitiy Recovery they still reported on my consumer reports In violation to the Gramm Lee Bliley Act Have not provided me nobody disclosure Pursuant to 15 U.S.C 6801 and 15 U.S.C. 6802 My privacy has been infringed on and Breech

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