Consumer complaint received 2021-01-06
Company: M&T BANK CORPORATION
State: GA
Product: Debt collection
Sub-product: Mortgage debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
Notice to all, I, am that I am, the consumer in fact, natural person, original creditor, lender, executor, administrator, holder in due course for any and all derivatives thereof, for the surname/given name XXXX, XXXX XXXX, and I have been appointed and accept being the executor both public and private for all matters proceeding, and I hereby claim that I will d/b/a XXXX XXXX XXXX and autograph as the agent, attorney in XXXX, so be it ; Whereas, I of age, of majority, given this herein notice to all, I make solemn oath to the one and only most high of creation only, whoever that may be, and I depose the following facts, so be in, now present. 

For matters of concerning mortgage account number with M & T Bank : 1. It is a fact, I the writer, reader, hearer, consumer, affiant acting executor for XXXX XXXX XXXX, come forth as XXXX XXXX. ; Whereas for this matter I will be Party A ; 2. It is a fact, any derivative for M & T BANK and/or XXXX XXXX XXXX XXXX, for this matter will be Party B 3. It is a fact that on XXXX ( day ), XXXX ( Month ), 2020 ( year ), I mailed by XXXX Next Day Carrier Letter via Tracking number XXXX, an Affidavit Of Tender Of Payment And Acknowledgement And Discharge, a formal settlement to Party B, whereas Party B has never responded under penalty of perjury that Party A owes and validity of a debt obligation or any actual true bill in commerce stating any further direct verification of an obligation of debt, by Party A. 
4. It is a fact that on XXXX ( day ), XXXX XXXX Month ), 2020 XXXX year ), I mailed by XXXX 2nd Day Air Carrier letter via Tracking Number : XXXX, a Notice to Agent is Notice to Principle, Notice to Principe is Notice to Agent, a formal settlement to Party B, whereas Party B has never responded under penalty of perjury that Party A owes and validity of a debt obligation or any actual true bill in commerce stating any further direct verification of an obligation of debt, by Party A. 
5. It is a fact that on XXXX ( day ), XXXX XXXX Month ), XXXX 2020 XXXX year ), I mailed by XXXX Next Day Carrier Letter via Tracking Number : XXXX, a Conditional Acceptance for Value for Proof of Claim, a formal settlement to Party B, whereas Party B has never responded under penalty of perjury that Party A owes and validity of a debt obligation or any actual true bill in commerce stating any further direct verification of an obligation of debt, by Party A. 
6. It is a fact that on XXXX ( day ), XXXX XXXX Month ), 2020 XXXX year ), I mailed by certified mail : XXXX, a Second Invoice, a formal settlement to Party B, whereas Party B has never responded under penalty of perjury that Party A owes and validity of a debt obligation or any actual true bill in commerce stating any further direct verification of an obligation of debt, by Party A. 
7. It is a fact that on XXXX ( day ), XXXX XXXX Month ), 2020 ( year ), I mailed by certified mail : XXXX, a Notice of Fault and Opportunity to Cure and Contest Acceptance, a formal settlement to Party B, whereas Party B has never responded under penalty of perjury that Party A owes and validity of a debt obligation or any actual true bill in commerce stating any further direct verification of an obligation of debt, by Party A. 
8. It is a fact that on XXXX ( day ), XXXX XXXX Month ), 2020 XXXX year ), I mailed by certified mail : XXXX, a Notice of Default And XXXX XXXX, a formal settlement to Party B, whereas Party B has never responded under penalty of perjury that Party A owes and validity of a debt obligation or any actual true bill in commerce stating any further direct verification of an obligation of debt, by Party A. 
9. It is a fact that on XXXX ( day ), XXXX ( Month ), 2020 ( year ), I mailed by certified mail : XXXX, a Affidavit : Certificate of Non Response and Failure to Contest Acceptance and Agreement, a formal settlement to Party B, whereas Party B has never responded under penalty of perjury that Party A owes and validity of a debt obligation or any actual true bill in commerce stating any further direct verification of an obligation of debt, by Party A. 
10. It is a fact that on XXXX ( day ), XXXX XXXX Month ), 2020 XXXX year ), I mailed by certified mail : XXXX, a Affidavit of Fact, a formal settlement to Party B, whereas Party B has never responded under penalty of perjury that Party A owes and validity of a debt obligation or any actual true bill in commerce stating any further direct verification of an obligation of debt, by Party A. 

11. It is a fact that I affiant acting as Executor Party A allege that if no one for Party B any derivative thereof can provide direct verification for any alleged debt obligation by Party A then no debt obligation exist and that I Party A request all obligation of any alleged debt be forgiven and that any and all credit reporting cease and desist as if no direct verification of debt obligation exist then no negative or unreasonable reporting needs to occur, as I Party A choose to protect my consumer rights as the acting executor, so be it, and ; 12. It is a fact that Affiant Party A, notices any and all actors or agencies alike, if no reasonable response by a real party of interest for any direct obligation of debt comes forth with a rebuttal and no reasonable investigation is performed and documented, then by prudent and responsive information that I Party A have provided, matters show cause in good faith that all matters with Party B cease to exist any further and that upon no valid rebuttal by real party of interest signing under penalty of perjury within 7 days of this mailing acknowledgement with having proof of mail receipt to any of my dispute letters does now show evidence of a tacit acquiescent agreement with and by all parties listed herein for the benefit of the original creditor, the grantor, original man, origin of credit by way of hand now here have evidence for the settling of all matters and actions of construction nunc pro tunc, meaning now for then for this matter of account will be now closed for any further accounting, I as the elector for name on record notice all that this be a closed matter for proceeding ; Whereas upon no written response under penalty of perjury matters are now settled and evidence will be recorded for proof of claim by Party A over Party B. 

The following will no longer use the Party A and Party B designation. 

Fact, the Fair Debt Collection Practices Act is intended to secure my right to privacy and my privacy has been breached so be it, and ; Fact, I am sure the removal of my information from your website, company records, or any and all derivatives therefore, of, and/or with any affiliates will ensure my privacy rights wont be violated again due to my lack of consent and this herein unrebutted affidavit of truth being serviced to you today and therefore, standing as truth in commerce, so be it, and ; Fact, please show good faith in this matter by expediting the securing of the alleged information listed on your sight in order to avoid me receiving further injury, damages, mental anguish, and losses due to me being a victim of identity theft, so be it, and ; Fact, M & B Bank & XXXX XXXX XXXX XXXX is willfully in violation of title 15 U.S.C. 1692b ( 2 ) not state that such consumer owes any debt ; ) Fact, M & B Bank & XXXX XXXX XXXX XXXX is willfully in violation of title 15 U.S.C. 1692b ( 5 ) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication related to the collection of a debt ; and ) Fact, M & B Bank & XXXX XXXX XXXX XXXX is willfully in violation of title 15 U.S.C. 1692c ( ( a ) Communication with the consumer generally Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt- ) Fact, M & B Bank & XXXX XXXX XXXX XXXX XXXX willfully in violation of title 15 U.S.C. 1692d ( ( 2 ) The use of obscene or profane language the natural consequence of which is to abuse the hearer or reader. ) Fact, M & B Bank & XXXX XXXX XXXX XXXX is willfully in violation of title 15 U.S.C. 1692d on ( 50 ) separate occasions ( ( 5 ) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. ) Fact, M & B Bank & XXXX XXXX XXXX XXXX is willfully in violation of title 15 U.S.C. 1692e ( 2 ) The False representation of ( A ) the character, amount, or legal status of any debt ; Fact, M & B Bank & XXXX XXXX XXXX XXXX is willfully in violation of title 15 U.S.C. 1692j ( ( a ) It is unlawful to design, compile, furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. ) Fact, M & B Bank & XXXX XXXX XXXX XXXX is willfully in violation of title 15 U.S.C. 1692j ( ( b ) Any person who violates this section shall be liable to the same extent and in the same manner as the debt collector is liable under section XXXX of this title for failure to comply with a provision of this subchapter. ) 15 U.S.C. 1692k ( ( 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} ; or ) Fact, affiant is aware that M & B Bank & XXXX XXXX XXXX XXXX has at least ( 10 ) ten violations of title 15 U.S.C. 1692 Please take further notice that I am compelled to pursue potential legal action against you seeking injunctive relief, substantial monetary damages, includes but not limited to, special, punitive, and compensatory damages, attorneys fees and all additional remedies, relief and penalties by law or in equity, to the fullest extent permitted by the law. The foregoing is submitted without prejudice and with full reservation of all rights and remedies irrespective of whether they are stated herein. 

Thanks You, I swear to all information provided herein, I do so under penalty of perjury that the information I so affirm to be true, correct, accurate to the best of my ability and knowledge, so be it ;

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