Consumer complaint received 2023-12-04
Company: BARCLAYS BANK DELAWARE
State: GA
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
Failure to respond correctly to Debt Validation notice XXXX XXXX De XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Ga XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX, DE XXXX RE : NOTICE AND DEMAND FOR CEASE AND DESIST FOR ACCOUNT # XXXX I have asked you to validate the alleged debt that you claim that I owe Pursuant 12 CFR 1006.34C, and all you have provided me are statements and signatures to an account that you can not prove is mine. 
The Information and Reponses from office does not meet the required information and disclosures that company is to provide in response to a notice of validation of debts. Your company is in Violation of Regulation F, the FDCPA and FCRA. 
You have violated my consumer rights under 12 CFR 1006.34c & the Fair Debt Collection Practices Act ( FDCPA ) 15USC 1692 ( g ) Failure to validate this alleged debt. 


I refuse to pay this alleged debt until the proper validation of this debt is provided. Please cease and desist all collection activities until you can properly validate this alleged debt.

15 USC 1692c ( c ) Ceasing communication If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt.

If proper validation of this alleged debt is not provided within 30 calendar days of receiving this notice, I will assume this alleged debt to be invalid and you shall delete this account and stop all collection activities regarding this account. 
Furthermore, you do not have any jurisdiction or authority to even collect on this alleged debt. FDCPA 811 [ 15 USC Any reporting of this alleged debt to any consumer reporting agency will be taken as an attempt to collect on an alleged debt that not only is fraudulent, but you have no legal right to collet on!

1692i ] Legal actions by debt collectors ( a ) Venue Any debt collector who brings any legal action on a debt against any consumer shall ( 1 ) in the case of an action to enforce an interest in real property securing the consumers obligation, bring such action only in a judicial district or similar legal entity in which such real property is located ; or ( 2 ) in the case of an action not described in paragraph ( 1 ), bring such action only in the judicial district or similar legal entity ( A ) in which such consumer signed the contract sued upon ; or ( B ) in which such consumer resides at the commencement of the action.

( b ) Authorization of actions Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collectors.

FDCPA 807 [ 15 USC 1692 ( e ) ( 3 ) ] False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : With all that was said above, for each VIOLATION of the FDCPA that you have committed I am entitled to {$1000.00} per violation. You dont believe me? Ok, let me show you what the law says : FDCPA 813 [ 15 USC 1692k ] Civil liability ( a ) Amount of damages Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of -- ( 1 ) any actual damage sustained by such person as a result of such failure.

( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00}.

Your Options are as follows : 1 ) Delete this account and cease and desist with all collection activities ; 2 ) Settlement ; or XXXX ) We go to court, and you incur lawyer fees, plus pay me {$1000.00} per violation along with more in damages. 
Sincerely, XXXX XXXX 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