Consumer complaint received 2023-04-03
Company: LoanCare, LLC
State: FL
Product: Debt collection
Sub-product: Mortgage debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
Notice and Demand to Cease and Desist ALL Collection Activities Prior to Validation of Purported Debt, FRAUD! 

RE : XXXX XXXX XXXX, XXXX XXXX, YOUR NEW LOAN NUMBER : XXXX, XXXX XXXX XXXX XXXX XXXX FL XXXX, Your Servicing Transfer and LoanCare , LLC on behalf of XXXX XXXX XXXX XXXX XXXX NOTICE TO AGENT IS NOTICE TO PRINCIPAL ; NOTICE TO PRINCIPAL IS NOTICE TO AGENT ATTENTION : Title President XXXX XXXX XXXX and LoanCare , LLC on behalf of XXXX XXXX XXXX XXXX XXXX FRAUD! I DO NOT CONSENT! Cruden v. Neale 2, N.C 338 ( 1796 ) 2SE REFUSED FOR CAUSE WITHOUT DISHONOR UCC 3-501 2-207 ( 2 ) ( C ) I feel this matter is serious and wish to deal within in writing. I do not give you permission to contact me by telephone. I will be logging the dates and times of your calls and messages. I must warn you that they will know constitute harassment and I may take action under Section 1 of the Protection from Harassment Act 1997. 

I confirm that I have received a written communication from you dated XX/XX/XXXX wherein you make reference to the above captioned matter. It is apparent that you are acting on the presumption that we had a contract or agreement. I am unaware of this contract or agreement between LoanCare , LLC on behalf of XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX and XXXX XXXX. I dont understand how to respond to you in as much as I am unaware of any contract relationship between us. This account fraudulently opened in our names with LoanCare , LLC on behalf of XXXX XXXX XXXX XXXX XXXX are debt collectors Under the FDCPA. A debt collector does not have the right to communicate without a prior written consent period. XXXX5 U.S. Code 1692e - False or misleading representations and multiple violations of Federal Debt Collection Practices Act ( FDC PA ). 

The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. 15 U.S. Code 1692 B ( 2 ) not state that such consumer owes any debt ;. 15 U.S. Code 1692 A 5. 15 U.S. Code 1692d. Harassment or abuse. Title 8 USC 809. Validation of debts [ 15 USC 1692g ]. A debt collector does not have the right to communicate without a prior written consent period. FDCPA VIOLATIONS, my CONSUMER RIGHTS TO PRIVACY and multiple VIOLATIONS of FDCPA state and Federal laws, fraud, aggravated identity theft, extortion, theft by deception, intentional act of fraud and GROSS MISREPRESENTATION. LoanCare , LLC on behalf of XXXX XXXX XXXX XXXX XXXX is attempting to collect a debt on the basis of fraud! 
As a courtesy I will entertain this presentment by demanding you to validate the alleged debt within thirty ( 30 ) days of the date of this Notice. Failure to properly respond and continue with collections activities will be follow up with my FTC, CFPB complaint, fee schedule, and lawsuit. This is NOT a request for statement/agreement, fraudulent copies from XXXXXXXX XXXX  XXXX and is not to be treated as one. 
Please provide all the requested documentation requirements on the Notice and Demand to Cease and Desist Collection Activities Prior to Validation of Purported Debt for account # XXXX. 

1. This is an attempt to validate a debt, against LoanCare , LLC on behalf of XXXX XXXX XXXX XXXX XXXX the parties of which collectively be known as a debt collector, under the Federal Debt Collection Practices Act ( hereinafter FDC PA ). I am exercising my legal right to validate a debt that this agency claim is owed. 

2. This response is not a refusal to pay, this is my conditional acceptance pursuant to conditions being met as required by the Fair Debt Collection Practices Act ( hereinafter FDCPA ), 15 USC 1692g sec. 809 ( b ), and other applicable laws. I accept this claim, contingent upon the debt collection ( s ) providing verifications and validation as follow : A ). I demand you to provide verification of the claim that this account number # XXXX, is not paid in full. I have seen no evidence to support any allegations to this contrary, and I believe no such evidence exists. 

B ). I demand proof of claim that LoanCare , LLC on behalf of XXXX XXXX XXXX XXXX XXXX is the original holder in due course or the proper and valid assignee of the alleged obligatory instrument on account of account # XXXX. Your proof must include the evidentiary requirements of section ( a ) and ( b ). To provide proof you must exhibit an original, or a genuine instrument in accordance with the UCC inter alia, Florida Law, 3-501 ( B ) ( 12 ), and any local applicable laws, inclusive of the genuine original promissory note and genuine original allonge ( s ) Showing chain of title, and the official accountant ledger.

C ). To provide proof you must exhibit an authoritative copy of the Obligatory instrument or Record, Timed and date stamped, which identifies LoanCare , LLC on behalf of XXXX XXXX XXXX XXXX XXXX as the assignee of the alleged secure party as the assignees of the record or records. To be valid, copies or revisions that add or change the assignee of the authoritative copy can be made only with the participation of the secured party pursuing you UCC 9-105. 

3. I demand proof that the account number # XXXX does not reflect a XXXX XXXX XXXX ) balance. I have seen no proof to support your allegation and I believe no such proof exists. 

4. Upon providing documentary evidence which challenges the authentic statement of accounting annexed hereto, then demand is placed upon you to provide a complete financial audit and accounting of account # XXXX to show all ledgering ( credit and debit ) resulting in the incrementing balance, pursuant UCC 9-210. The audit and accounting shall be conducted in accordance with the generally accepted government auditing standards, the comptroller Generals standards for audits of the federal organizations, OMB circular A-732 as basic audit criteria for federal agencies. 

5. 15 U.S. Code 1681b - Permissible purposes of consumer reports. Permissible purposes of consumer reports. Impermissible purpose Violations and privacy violations. 

XXXX. According to the Fair Credit Reporting Act, Section 609 ( a ) ( 1 ) ( A ), you are required by federal law to verify - through the physical verification of the original signed consumer contract - any and all accounts you post on a credit report. 

I understand that you shouldn't be allowed to put any information on my file unless I have authorized it. Please, either provides me with strict proof I authorized this accounts # XXXX such as signed applications or contracts in wet ink signature and the actual accounting showing a loss. Do not place any negative derogatory information on my credit file, pursuant Fair Credit Reporting Act. 

NO CONTRACT! 

Only discharge of debt, acceptance and return for discharge. 

NOTICE TO AGENT IS NOTICE TO PRINCIPAL ; NOTICE TO PRINCIPAL IS NOTICE TO AGENT I hereby give you thirty ( 30 ) days to reply to this notice from the above date. Your failure to provide with substance the aforementioned documentation within thirty ( 30 ) days, from the above date of this notice, to validate the alleged debt, will constitute your agreement to the following terms : 1. That the alleged debt did not exist in the first place 2. It has already been paid in full; dissolved 3. That any damages XXXX XXXX and XXXX XXXX XXXX suffer, you will be held culpable. 
4. You will no longer pursue this matter any further.

5. You agree to pay all fee schedules ( {$500.00} daily Administration, postage, copy charges and assessments and cost of collector fees.

6. You agree with me putting a commercial lien on LoanCare , LLC on behalf of XXXX XXXX XXXX XXXX XXXX and anyone involved with alleged debt. 
Please, either provide me with strict proof I authorized any of these accounts such as signed applications or contracts in wet ink signature and the actual accounting showing a loss. 
Under the Fair Debt Collection Practices Act Section 805 ( C ), it is my right to request that you cease and desist contact with me. I am exercising my right to do so with this letter. I request that you immediately CEASE and DESIST all actions with me. With this notice, under the law, you can now only contact me to : 1. To advise me that your company 's further efforts are being terminated.

2. To notify me that your company may invoke specified remedies which are ordinarily invoked by such debt collector or creditor ; or Where applicable, to notify me that your company intends to invoke a specified remedy. Please provide strict proof of authorizations by sworn affidavit or I will have no other alternative than to have my local Congressman promptly forward a formal complaint to the Federal Trade Commission or contact Attorney General for further scrutiny of this matter and a lawsuit for tax fraud, fraud, aggravated identity theft, extortion, theft by deception, intentional act of fraud, GROSS MISREPRESENTATION and etc. Flint Edwards, Carlyne Desir V. Midland Mortgage Case No. XXXX XXXX. XXXX One Million dollar lawsuit against XXXX XXXX XXXX  and Carlyne Desir v. LVNV Funding LLC case # XXXXXXXX XXXX XXXX XXXXXXXX and XXXX XXXX for violations of FDCPA. Please correct the billing error, discharge debt and report to the credit bureau paid in full for six month. Settle and close fraudulent account as fully paid and release the lien with XXXX XXXX Florida by XX/XX/XXXX. We need mortgage Satisfaction, release of Lien and dismissal of current and future court actions from LoanCare , LLC on behalf of XXXX XXXX XXXX XXXX XXXX or I will file a lawsuit for fraud and etc. 
UCC 3-501 also requires servicer to show authority to make demand for payments, if it does not own the note, but is merely servicing it. In the event a note holder or servicer or will not exhibit the note or perform other legal requirements when requested to do so by the borrower, this UCC section allows the borrower to discontinue payments WITHOUT DISHONOR until such time as the note holder or servicer complies with all laws or contract provisions. 

If we make any payment under duress, coercion, forced and protest. Where an unjustified payment or transfer of some kind has been induced by duress, in a situation where there is no contractual relationship between the parties, the aggrieved party will be entitled to reclaim the payment or transfer. Money paid under duress can be recovered back. 

15 U.S. Code 1681n - Civil liability for willful noncompliance. 15 U.S.C. 1681o - U.S. Code- Unannotated Title 15. Commerce and Trade 1681o. Civil liability for negligent noncompliance. 15 U.S. Code 1640 - Civil liability with respect to any failure to make disclosures. 15 U.S.C. 1611 - Criminal liability for willful and knowing violation. 
All prior Powers of Attorney, all other prior presumed or granted Executorships, Trust, MERS and Agency relationships are terminated. 

PRIVITY OF CONTRACT! 

BY : XXXX XXXX and XXXX XXXX All Rights Reserved, Without Prejudice, U.C.C. 1-207, 1-308, 1-103 By : XXXX XXXX and XXXX XXXX, Secured Party Creditor , Authorized Executor of the Estate XXXX XXXX XXXX, XXXX XXXX. 
Executrix of the XXXX XXXX XXXX, XXXX XXXX. 




Registered XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX, FL XXXX

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