Consumer complaint received 2022-06-01
Company: National Credit Systems,Inc.
State: TX
Product: Debt collection
Sub-product: Other debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Threatened or suggested your credit would be damaged

Complaint:
FAIR DEBT COLLECTIONS PRACTICES ACT ;, NOTICE OF DISPUTE OF DEBT, CEASE AND DESIST, DEMAND FOR VERIFIED DOCUMENTATION Account # XXXX Dear Whom may concern., This letter is in response to a notice that was sent to me on the above-mentioned date. Please note that this is NOT a refusal to pay, but rather a NOTICE being dated XX/XX/XXXX, ; a. ) You have received this NOTICE in compliance with the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809, about the above-mentioned account.

This is a request for VALIDATION submitted pursuant to the above-mentioned Title and Section, not for " verification '' or evidence of my mailing address. I respectfully request that your offices supply me with competent evidence that I am obligated to pay you under Federal law.

Under the FDCPA, I have the legal right to demand proof of the alleged debt you claim is owed to you. I'm demanding evidence that I am the party you're asking to pay this debt, and that I am obligated by some contractual responsibility to pay this amount. 

Furthermore, you are not permitted to pursue any collection operations, including putting this information on my credit report, unless you present me with legal documentation of this debt. 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. 

DEMAND : I hereby DEMAND that you provide me with the following verified ( sworn to by affidavit ) documentary evidence in substantiation of your alleged debt claim. 

CERTIFICATION OF AUTHORITY : Please provide ( a ) : verified certificate of authority, or fictitious/assumed name certificate from the State of Texas authorizing your company to transact business in the State of Texas ( b ) : your license number ( s ) and Registered Agent.

2. AUTHORIZATION CONTRACT : Please send me a verified ( sworn to by Affidavit ) copy of the contract your firm has with the original creditor authorizing your firm to engage in collection activities on their behalf against the above alleged account, and naming you as an authorized collection agent/claims adjuster.

3. ORIGINAL CONTRACT : Please send me a verified copy both FRONT and BACK of the alleged ORIGINAL contract/agreement/promissory note in its entirety, including any application, accompanied by a commercial affidavit, sworn to be true, correct, and complete, upon the commercial liability of a properly identified and authorized officer, employee, or agent of the alleged original creditor who states that he/she has PERSONAL FIRST HAND KNOWLEDGE that said front and back verified copy is that of the original alleged contract/agreement/promissory note.

4. CUSTODIAN OF CONTRACT : Please provide the name, title, address and phone number of the natural person who is the CUSTODIAN of the actual alleged contract/agreement/promissory note. If the physical location of said alleged contract is different from that of the CUSTODIAN, please provide the address of that location also.

5. COMPLETE BOOKKEEPING ENTRIES : Please provide the original account and general ledger statement showing the full accounting of the alleged obligation you are attempting to collect, accompanied by a commercial affidavit by the original CUSTODIAN of the books and records sworn to be true, correct, and complete, upon his or her commercial liability.

6. Please verify under penalty of perjury that 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.

7. Please verify under penalty of perjury that you know and understand that credit card contracts are a series of continuing offers to contract and as such are non transferable.

8. Please verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the alleged debt may constitute MAIL FRAUD and a complaint will be filed with the U.S. Postal Inspection Service and the F.T.C. pursuant to applicable law and any litigation that ensues will name you in your personal capacity as defendant.

9. Provide Proof That National credit systems Inc is not governed by Code of Federal Regulations?

10. Provide Proof that the FDCPA 15 USC1692 applies to National Credit Systems , Inc 11. Provide Proof that National Credit Systems , Inc didnt participate in violations of 18 USC 894 12. Proof this wasnt a consumer credit transaction At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Consumer reporting agencies XXXX, XXXX or XXXX ) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in appropriate action against you for the following : Violation of the Fair Debt Collection Practices Act Violation of the Fair Credit Reporting Act Defamation of Character Please be aware that I realize that validation requires the production of an account and a general ledger statement signed and dated by the person in charge of the account. 

Validation requires presentment of the account and general ledger statement signed and dated by the party responsible for maintaining the account. See Pacific Concrete F.C.U. v. Kauanoe, 62 Haw. 334, 614 P. 936 ( XXXX  ), GE Capital Hawaii , Inc. v. Yonenaka 25 P. 3d 807, 96, Hawaii 32, ( Hawaii App XXXX XXXX, Fooks v. Norwich Housing Authority 28 Conn. L. Rptr . 371, ( Conn. Super. XXXX ), Town of Brookfield v. Candlewood Shores Estates , Inc. 513 A. 2d 1218, 201 Conn. I ( XXXX XXXX, and Solon V. Godbole, 163 III. App. 3d 845, 114 I11. XXXX XXXX  516 N.E. 2d 1045 ( 3Dist. XXXX XXXX.

If your offices are able to provide the proper documentation as requested in this Declaration, I will need at least 30 days from the date of receipt to investigate this information, during which time all collection activity must cease and desist, which means that all collection activity must cease and desist until you have provided me with all of the information requested in this letter and I have had 60 days to review it. You must refrain from contacting anyone or anything in any way. You may only write to me at the address mentioned on this letter via certified mail.

As an act of good faith I am extending to you thirty ( 30 ) days from the receipt of this notice to perform in compliance with the aforesaid demands. If your office fails to respond to this validation request within 30 days from the date of your receipt, If you refuse, the legal notions of acquiescence and admittance will apply, and the claimed obligation will be ruled invalid and so completely rejected. In the meanwhile, you are not entitled to contact the undersigned unless in writing and solely in relation to the subject matter set forth below. 

All future communications with me MUST be in writing and addressed via USPS to the address listed in this letter. 

I, XXXX XXXX, do hereby confirm and affirm that all facts stated herein are true, correct, complete to the best of my knowledge, not misleading, admissible as evidence, and are signed under the penalty of perjury.

Company response to consumer: Closed with explanation