Consumer complaint received 2023-01-10
Company: Merchants and Medical Credit Corporation, Inc.
State: GA
Product: Debt collection
Sub-product: Other debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
This is not a duplicate I received inaccurate information yet again and I have included all communication- the company will not validate the debt nor are they in compliance with the FCRA and or any of the UCC laws that protect my rights. 


By : XXXX : XXXX. Beneficiary All Right Reserved Without Prejudice UCC1-308 Response to Frivolous Accusation XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 
XXXX XXXX XXXX XXXX XXXX XXXX Original Creditor : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Please be advised that this is my 2nd / THIRD WRITTEN REQUEST and FINAL WARNING that I fully intend to pursue litigation in accordance with the FCRA to enforce my rights and seek relief and recover all monetary damages that I may be entitled to under Section 616 and Section 617 regarding your continued willful and negligent noncompliance. Despite my previous written requests for you to provide me with the name of the person in your company who verified that these accounts are accurate and belong on my file, what documentation did they use to verify that these accounts are accurate and belong on my file you ignored my rights and instead told me that you are labeling my dispute as Frivolous. Your actions clearly demonstrate your willful violation of the FCRA and I believe the Courts will agree when I present them with copies of my letters and your responses to them. XXXX XXXX XXXX XXXX XXXX XXXX  defines Verify as, 1 ) " To prove to be true ; to confirm or establish the truth or truthfulness of ; to authenticate. '' 2 ) to confirm or substantiate by oath or affidavit ; to swear to the truth of. '' and Verification as, Confirmation of correctness, truth or authenticity, by affidavit, oath, or deposition. Affidavit of truth of a matter stated and object of verification is to assure good faith in averments or statements of a party. You say that your company has reinvestigated these accounts and verified them as being accurate but it is obvious that you have verified nothing. All you have done is parroted information given to you by other sources and shifted the burden back to me to prove that the reported items on the accounts listed below are not valid which is clearly in violation of 1681 ( a ) ( 4 ). It is obvious that you dont have any proof on file to verify that these accounts belong on my file.

When we go to litigation you will be required to produce the documents you used to verify these items through the discovery process and since you dont have any documents in your files verifying that these items are valid then that will be proof that you did not properly verify the accounts and they will have to be deleted and Ill be entitled to damages.

Please be advised that under Section 611 ( 5 ) ( A ) of the FCRA you are required to promptly DELETE all information which can not be verified. The law is very clear as to the Civil liability and the remedy available to me ( Section 616 & 617 ) if you fail to comply with Federal Law. I am a litigious consumer and fully intend on pursuing litigation in this matter to enforce my rights under the FCRA. I demand that you send me copies of the documents you used to verify the following- Provide Physical Proof of Verification because I have asked 3 times for my wet signature as well as a contract and proof that you have the right to do business in the state of Georgia .

This is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g ( Sec.

809 ) that your claim is disputed, and validation is requested.

I must demand proof of this debt, specifically the alleged contract or other instrument bearing my wet signature, as well as proof of your authority in this matter. Absent such proof, you must correct any erroneous reports of this past debt as mine.

I ask you to provide all following information : 1. Please provide evidence of your authorization under 15 USC 1692e and 15 USC 1692f in this alleged matter.

2. What is your authorization of law for your collection of information?

3. What is your authorization of law for your collection of this alleged debt?

4. Please provide evidence of your authorization to do business in my state.

5. Please provide evidence or proof of the alleged debt, including specifically the alleged contract or other instrument bearing my wet signature.

6. Please provide a complete account history, including any charges added for collection activity. You have 15 days from receipt of this 3rd notice to respond. Your failure to respond, on point in writing, hand signed, and in timely manner, will work as a waiver to any and all of your claims in this matter, and will entitle me to presume that you placed this on my credit report ( s ) in error and that this matter is permanently closed. Provide the proof, or correct the record and remove this invalid debt from all sources to which you have reported it For the purpose of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should further action be necessary.

I am also sending this certified to the FTC XXXXall 3 credit reporting agencies as well as CFPB in Response to your Frivolous Accusation- I have also included the information you have provided as validation of the debt which is in your words you believe this to be my debt when I have proved and provided information to show you where I have resided for the past 5 years.

Company response to consumer: Closed with non-monetary relief