Consumer complaint received 2022-09-16
Company: MOHELA
State: OH
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Their investigation did not fix an error on your report

Complaint:
To whom it may concern ( CEO/Person of highest authoritiesXXXX XXXX XXXX ) , I , XXXX XXXX, The consumer and obligor has noticed a billing error. The creditor has failed to give me proper notice of this billing error several times. I have noticed every account statement is in invoice of indebtedness, also having a coupon/check attached to it. On this invoice the creditor is attempting to collect a debt that has already been paid. They claim that this is a debt that I owe. How is that possible if the amount that theyre asking for isnt a negative balance? And how is it possible that this debt is still owed when my signature on my application is payment of the debt? I, XXXX XXXX ( the obligor and consumer ) I am giving proper notice of this billing error. This is my final attempt to clear and dismiss of any debt that the creditor claims that I owe. 
According to 15 USC 1666b timing of payments states A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date. 
The creditor has failed several times to provide me ( the consumer/obligor ) with each periodic statement and information required by section 1637 ( b ) of title 15 USC 1666b . The creditor has not gave me proper notice within 21 days of the payment due date as required by 15 USC 1666b. What is a late payment? And how can that payment be late or past due if it is not a negative balance? How can a due payment, late, missed, or past due balance exist if my signature on my application for credit is payment of the debt? 
According to 15 USC 1666d Treatment of credit balances States Whenever a credit balance in excess of {$1.00} is created in connection with a consumer credit transaction through ( 1 ) transmittal of funds to a creditorin excess of the total balance due on an account, ( 2 ) rebates of unearned finance charges or insurance premiums, or ( 3 ) amounts otherwise owed to or held for the benefit of an obligor, the creditor shall ( A ) credit the amount of the credit balance to the consumers account ; ( B ) refund any part of the amount of the remaining credit balance, upon request of the consumer ; and ( C ) make a good faith effort to refund to the consumer by cash, check, or money order any part of the amount of the credit balance remaining in the account for more than six months, except that no further action is required in any case in which the consumers current location is not known by the creditor and can not be traced through the consumers last known address or telephone number. 
Every account statement has failed to demonstrate indebtedness. For example if I borrow {$20000.00} shouldnt my account statement show a negative $ XXXX? And every time I make a payment it would reduce that amount bringing the negative balance closer to {$0.00}? None of the account statements show a negative balance, only a positive balance. According to the law a positive balance means that there is a surplus. This debt that the creditor claims I owe does not belong to me. And Though they say this debt isnt yet due, they are expecting me to pay this debt AGAIN in the near future. I can assure this debt WILL NOT BE PAID AGAIN. I DO NOT CHOOSE TO PAY THIS DEBT TWICE!! This debt has already been paid for with my signature and no longer belongs to me! 
According to 18 USC section 8 Obligation or other security of the United States defined States The term obligation or other security of the United States includes all bonds, certificates of indebtedness, XXXX bank currency , Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever denomination, issued under any Act of Congress, and canceledUnited States stamps. All debts public and private are the obligation of the United States. The creditor claims that I owe/owed this debt but what exactly am I paying for if the debt has already been paid for with my signature? The obligation has already been paid for. So why are they claiming that I owe/owed this debt? This billing error notice is also a notice of request for refund by I, XXXX XXXX ( the consumer/obligor ). 
According to 15 USC 1666d section A, section B, section C, States A ) credit the amount of the credit balance to the consumers account ; ( B ) refund any part of the amount of the remaining credit balance, upon request of the consumer ; and ( C ) make a good faith effort to refund to the consumer by cash, check, or money order any part of the amount of the credit balance remaining in the account for more than six months, except that no further action is required in any case in which the consumers current location is not known by the creditor and can not be traced through the consumers last known address or telephone number. 
I am now requesting a refund of ALL payment AND dismissal and discharge of this debt. I XXXX XXXX ( the consumer/obligor ) I am also requesting that the accounts be ceased and desist IMMEDIATELY. The creditor is trying to fraudulently and illegally double dip on payment of this debt. I will NOT pay this debt twice!! The creditor has furnished I, XXXX XXXX ( the consumer/obligor ) with deceptive forms several times ( See attachment A ) creating a false belief that I owe this debt. 
According to 15 USC 1692J Furnishing certain deceptive forms States It is unlawful to design, compile, and 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. ( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this subchapter. The creditor has been racketeering and extorting money out of XXXX, XXXX XXXX ( the consumer/obligor ) several times. This is totally illegal and they could go to jail for this. 
According to 18 USC 1961 Definitions States 1 ) racketeering activity means ( A ) any act or threat involving murder, kidnapping, gambling, arson, robbery, bribery, extortion, dealing in obscene matter, or dealing in a controlled substance or listed chemical ( as defined in section 102 of the Controlled Substances Act ), which is chargeable under State law and punishable by imprisonment for more than one year ; ( B ) any act which is indictable under any of the following provisions of title 18, United States Code : Section 201 ( relating to bribery ), section 224 ( relating to sports bribery ), sections 471, 472, and 473 ( relating to counterfeiting ), section 659 ( relating to theft from interstate shipment ) if the act indictable under section 659 is felonious, section 664 ( relating to embezzlement from pension and welfare funds ), sections 891894 ( relating to extortionate credit transactions ), section 932 ( relating to straw purchasing ), section 933 ( relating to trafficking in firearms ), section 1028 ( relating to fraud and related activity in connection with identification documents ), section 1029 ( relating to fraud and related activity in connection with access devices ), section 1084 ( relating to the transmission of gambling information ), section 1341 ( relating to mail fraud ), section 1343 ( relating to wire fraud ), section 1344 ( relating to financial institution fraud ), section 1351 ( relating to fraud in foreign labor contracting ) However, I am willing to overlook this matter AS LONG AS ALL of my request are resolved AND completed within 5 days of receiving this notice.

According to 15 USC 1666a regulations of credit reports States, ( a ) Reports by creditor on obligors failure to pay amount regarded as billing error After receiving a notice from an obligor as provided in section 1666 ( a ) of this title, a creditor or his agent may not directly or indirectly threaten to report to any person adversely on the obligors credit rating or credit standing because of the obligors failure to pay the amount indicated by the obligor under section 1666 ( a ) ( 2 ) of this title, and such amount may not be reported as delinquent to any third party until the creditor has met the requirements of section 1666 of this title and has allowed the obligor the same number of days ( not less than ten ) thereafter to make payment as is provided under the credit agreement with the obligor for the payment of undisputed amounts. ( b ) Reports by creditor on delinquent amounts in dispute ; notification of obligor of parties notified of delinquency. If a creditor receives a further written notice from an obligor that an amount is still in dispute within the time allowed for payment under subsection ( a ) of this section, a creditor may not report to any third party that the amount of the obligor is delinquent because the obligor has failed to pay an amount which he has indicated under section 1666 ( a ) ( 2 ) of this title. If my request is not resolved AND completed within the given time frame above, I will take this to higher authorities. The creditor now has 5 days within receiving this notice to refund me, clear/dismiss the debt, and cease and desist of the account. The creditor ( Mohela ) has furnished this debt on my credit report WITHOUT MY CONSENT. I, XXXX XXXX, consumer and natural person, am aware of all rights that I have, and which are protected by The Congres under the Fair Credit Reporting Act ( FCRA ).

Ignoring this Cease and Desist will be evidence that the infringements were wiling, deceptive, and in violation of the FCRA. 
I have been more than kind & patient. Now is not the time to investigate! 

Kind Regards, XXXX XXXX XXXX XXXX XXXX [ XXXX ] UCC 1-308.4 without prejudice/recourse

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation