Consumer complaint received 2023-09-24
Company: FORD MOTOR CREDIT CO.
State: NC
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Repossession
Sub-issue: Deficiency balance after repossession

Complaint:
XXXX XXXX This letter is being sent to you in response to notices sent to me from your company and more importantly, due to your erroneous reporting to the Credit Bureaus, the highly negative impact on my personal credit report. Please be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( b ) that your claim is disputed and validation is requested.

provide proof that your company sent proper notic under - 2021 Georgia Code Title 11 - Commercial Code Article 9 - Secured Transactions Part 1 - General Provisions 11-9-103. Purchase Money Security Interest ; Application of Payments ; Burden of Establishing Disposition of collateral may be by public or private sale, and may be at any time and place and on any terms, but every aspect including method, manner, time, place, and terms must be commercially reasonable. 
Unless collateral is perishable, reasonable notice of time and place of any public sale, or reasonable notice of time after which any private sale is to be made, must be sent by secured party to debtor, if debtor has not signed, after default, a statement renouncing or modifying his right to notice. In non-consumer cases additional notice may be required for certain subordinate claims of interest in the collateral.

This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above-named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you regarding the following account numbers : XXXX XXXX XXXX XXXX - XXXX Please provide me with : Your legal staff will agree that compliance with this request is required under the state laws and the Federal Statutes. 
In addition to the questionnaire below, please attach copies of : - Agreement with your client that grants you the authority to collect on this alleged debt, or proof of acquisition by purchase or assignment. 
- Agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor. 
- Proof that you are licensed to collect in my state. 
- Your license numbers and Registered Agent or Agent of Service. 
- The identity, name, and address of the original creditor. 
Please also be advised that this letter is not only a formal dispute, but a request that you cease and desist any and all collection activities. 
At this time, I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus ( 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 to bring legal action against you for the following : 1. Violation of the Fair Credit Reporting Act, ,2. Violation of the Fair Debt Collection Practices Act and 3. Defamation of Character If your offices can provide proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

1 of 2 Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes listing any information with a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate, when in fact there is no provided proof that it is accurate.

I would also like to request, in writing, that no telephone contact be made by your company to my home or my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by XXXX. 
If your company fails to respond 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 report and a copy of such deletion ( to any/all of the 3 major credit reporting bureaus : XXXX, XXXX and XXXX ) XXXX shall be sent to me immediately. 
It would be advisable that you assure your records are in order before I am forced to take legal action against your company and your client. This is an attempt to correct your records, any information obtained shall be used for that purpose.

Company response to consumer: Closed with explanation