Consumer complaint received 2022-11-29
Company: Mountain Run Solutions, LLC
State: NC
Product: Debt collection
Sub-product: I do not know
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
NOTICE TO PRINCIPAL IS NOTICE TO AGENT NOTICE TO AGENT IS NOTICE TO PRINCIPAL No proof of original contract and signature, no valid debt verification, no evidence of itemized billing, and no proof of authority to collect debt in the state of North Carolina has been received after mailed requests. Upon reasonable public investigation none can be found in the XXXX and XXXX public registry databases for authorized debt collectors in North Carolina. Copies of the database entries and searches are attached. 

Mountain Run Solutions , LLC self misrepresents to me a consumer in their collection debt activities at my dwelling in North Carolina as a known authorized debt collector in the state of North Carolina and fraudulently reports to consumer reporting agencies. 

The unlawful collection of debt by U.S. Mail is prohibited by the Racketeer Influenced and Corrupt Organization Act. Upon information and observed actions by Mountain Run Solutions , LLC established a pattern of racketeering activity by using the U.S. Mail more than twice to collect an unlawful debt and the debt collector may be in violation of 18 U.S.C. 1341, 1343, 1961 and 1962.

No evidence or rebuttal Mountain Run Solutions , LLC did not fraudulently defy indemnity and embezzle and usuriously collect on two sources has been provided : Social Security Cestui Que Trust Funds, and Payment demands using the U.S.P.S. Mail System. 

Mountain Run Solutions , LLC has not met the requirements mandated in the Fair Debt Collection Practices Act ( FDCPA ) or the North Carolina Collection Agency Act and the North Carolina Debt Collection Act, necessary to be a legal debt collector in this state.

The FDCPA or the North Carolina Collection Agency Act and the North Carolina Debt Collection Act mandates Mountain Run Solutions , LLC have a license to be a debt collector, a bond, and they must be registered with the Attorney General in the State in which they are collecting. In this instance it would be the North Carolina Attorney General with authority over the debt collection activities in the state of North Carolina.

Upon information and the observed actions by Mountain Run Solutions , LLC ; the debt collector is in violation of the FDCPA, they do not meet the legal requirements to be considered a debt collector and therefore have no standing before any court with unclean hands.

Moreover, the Federal Law mandates any debt collection company attempting to collect debt within the State of North Carolina, must be bonded and licensed to do so. Failure of the Corporation to maintain active surety bond, warrants grounds for immediate ceasing of collection activities and reporting to major credit bureaus. The evidence of lacking registration in the State of North Carolina from the NMLS Consumer Access database, is attached with active debt collection activities in North Carolina. 

A third party collection agency that violates any provision of the FDCPA, NCDCPA, and North Carolina Debt Collection Act, is liable to civil and criminal penalties which may include monetary compensation to the victim. The debt collector company can not at any point engage in abuse, threats, coercion, misrepresentation, fraud, harassment, unfair means, and deception to collect debt. 

Mountain Run Solutions , LLC misrepresents who the original creditor is and the amount with the alleged finance charges collected. The original creditor is XXXX XXXX XXXXXXXX XXXX social security trust account the with the extension of consumer credit in thie transaction with the Social Security credit card with # XXXX. The extension of credit always begins with a indorsment or signature of the maker. Proceeding without full disclosure to the maker and consumer is fraud-in-the-factumn and a misrepresentation. 

The account is Paid-in-Full the instant credit was extended and recognized as a deposited cash equivalent. U.S. Code Title 12 U.S.C. 1813 ( l ) Deposit The term deposit means ( 1 ) the unpaid balance of money or its equivalent received or held by a bank or savings association in the usual course of business and for which it has given or is obligated to give credit, either conditionally or unconditionally, to a commercial, checking, savings, time, or thrift account, or which is evidenced by its certificate of deposit, thrift certificate, investment certificate, certificate of indebtedness, or other similar name, or a check or draft drawn against a deposit account and certified by the bank or savings association, or a letter of credit or a travelers check on which the bank or savings association is primarily liable : Provided, That, without limiting the generality of the term money or its equivalent, any such account or instrument must be regarded as evidencing the receipt of the equivalent of money when credited or issued in exchange for checks or drafts or for a promissory note upon which the person obtaining any such credit or instrument is primarily or secondarily liable, or for a charge against a deposit account, or in settlement of checks, drafts, or other instruments forwarded to such bank or savings association for collection.

( 2 ) trust funds as defined in this chapter received or held by such bank or savings association, whether held in the trust department or held or deposited in any other department of such bank or savings association.

( 3 ) money received or held by a bank or savings association, or the credit given for money or its equivalent received or held by a bank or savings association, in the usual course of business for a special or specific purpose, regardless of the legal relationship thereby established, including without being limited to, escrow funds, funds held as security for an obligation due to the bank or savings association or others ( including funds held as dealers reserves ) or for securities loaned by the bank or savings association, funds deposited by a debtor to meet maturing obligations, funds deposited as advance payment on subscriptions to United States Government securities, funds held for distribution or purchase of securities, funds held to meet its acceptances or letters of credit, and withheld taxes : Provided, That there shall not be included funds which are received by the bank or savings association for immediate application to the reduction of an indebtedness to the receiving bank or savings association, or under condition that the receipt thereof immediately reduces or extinguishes such an indebtedness.

In U.S. Code Title 15 Section 1602 ( l ) The term credit card means any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit.

The aformentioned acts in general are a violation Federal and State of North Carolina Unfair and Deceptive Tade practices Act which applies to anyone misrepresenting as original creditor, Section 5 of the FTC Act and Dodd-Frank applies to general prohibition in absence of FDCPA coverage stating that even if the FDCPA doesnt apply, your collection activities are still covered by Section 5 of the FTC Acts general prohibition against deceptive or unfair practices .... [ T ] he FTC has taken action under Section 5 when first-party creditors engage in other practices expressly prohibited by the FDCPA. In 2013, the Cosumer Financial Protection Bureau issued Compliance Bulletin 2013-07 attached as evidence, clearly laid out its position : [ a ] lthough the FDCPA definition of debt collector does not include some persons who collect consumer debt, all covered persons and service providers must refrain from committing unfair, deceptive, or abusive acts or practices ( collectively, UDAAPs ) in violation of the Dodd-Frank Act. In this state, the North Carolina Fair Debt Collection Practices Act applies to original creditors collecting their debt.

15 U.S. Code 1611- Whoever willfully and knowingly ( 1 ) gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, ( 2 ) uses any chart or table authorized by the Bureau under section 1606 of this title in such a manner as to consistently understate the annual percentage rate determined under section 1606 ( a ) ( 1 ) ( A ) of this title, or ( 3 ) otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than {$5000.00} or imprisoned not more than one year, or both. ( Pub. L. 90321, title I, 112, XX/XX/XXXX, 82 Stat. 151 ; Pub. L. 111203, title X, 1100A ( 2 ), XX/XX/XXXX, 124 Stat. 2107. ) 15 U.S. Code 1681n - ( b ) Civil liability for knowing noncompliance Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or {$1000.00}, whichever is greater. 

XXXX XXXX XXXX XXXX XXXX XXXX for Social Security Trust Account XXXX XXXX

Company public response: Company believes the complaint provided an opportunity to answer consumer's questions
Company response to consumer: Closed with explanation