Consumer complaint received 2022-07-02
Company: Sunbit, Inc.
State: AZ
Product: Debt collection
Sub-product: Medical debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
I sent a validation of debt letter to the CFO on XX/XX/2022 the CEO and General Counsel for SUNBIT, INC. on XX/XX/2022 via certified mail with return slips [ Exhibit A ]. The CFO received the letter on XX/XX/2022 and the CEO and General Counsel received the letters on XX/XX/2022 via USPS tracking and the date transcribed on the green return slip [ Exhibit A ]. They were each given ten ( 10 ) days from receipt to respond and respond to the demands in the letter via commercial affidavit. I received the letter labeled Exhibit B in response. As you can see this letter is dated XX/XX/2022. This response is over 30 days past the given time frame to respond. The letter is also not an adequate response to the Validation of Debt letter received. There were specific demands that include : The ORIGINAL LAWFUL promissory note/ agreement ( not a copy ) that shows : A Valid Offer, Adequate Consideration- must be TANGIBLE consideration, Valid Acceptance, Sound Mind/Mental Clarity, Meeting of the Minds + Wet Ink Signature ( both parties ), The identity of the original creditor, The identity of the holder in due course, The name and address of the creditor to whom the alleged debt is currently owed, the account number used by that creditor, and the alleged amount owed, An explanation showing me how you have computed the alleged amount, Confirmation that the account has not crossed the statutes of limitation ( XXXX ) period, and Documentation of the GAAP accounting showing the debt. As you can read from the letter [ Exhibit B ], no demands were addressed. Not only were no demands addressed, the response is not in the form of a sworn commercial affidavit to solidify that all mentioned in the letter is Truth. The alleged agreement is a copy and there are no wet signatures from either party [ reference page 13 of Exhibit B ]. SUNBIT, INC. also mentions in this letter that they are not subject to the validation provision of the Federal Fair Debt Collections Practices Act. 15 USC 1692a ( 6 ) proves that SUNBIT, INC. is in fact a debt collector under the Fair Debt Collection Practices Act, therefore, is liable to validate the debt when demanded by the consumer. SUNBIT, INC. automatically removed money from my checking account on the XXXX of XXXX [ reference Exhibit C ] AFTER theyve already ran my social security number. Using my social security number makes this transaction a consumer credit transaction [ and it even states in on page 13 of the Exhibit B ] and by SUNBIT, INC. collecting money from me every month through their online portal [ Exhibit C ], they are in fact a debt collector pursuant to federal law and they are subject to follow the laws under the Fair Debt Collection Practices Act. Moreover, the alleged agreement was portrayed to be between SUNBIT, INC. and I. However, the alleged contract agreement states that XXXX XXXX BANK is the alleged creditor. This false representation makes the alleged contract agreement fraud in the inducement and subject to being a violation of 18 USC 1341- Frauds and swindles- due to falsely representing the actual debt collector on the alleged contract agreement. [ Reference Exhibit B. ] SUNBIT, INC., therefore, is fraudulently and unlawfully collecting and attempting to collect money from me. Exhibit D further proves that the loan in fact was reported to the credit reporting agencies. With it being identity theft and fraud, I filed an FTC Report on XX/XX/2022 [ Exhibit E ] and sent it to XXXX XXXX SOLUTIONS to have it removed so that it no longer was fraudulently reporting on my consumer credit report. With all being said, it is clear that SUNBIT, INC. has been in dishonor and violating my federally protected consumer rights. SUNBIT, INC. did not respond in a timely manner to the validation of debt letter, nor did they respond via commercial affidavit swearing that all they claim is Truth.Therefore, SUNBIT, INC. is to immediately delete the account in question ending in XXXX and remove the account in question from their website, company records or any and all derivatives therefore, of, and/or with any affiliates. I am submitting this complaint to the CFPB in the hopes of settling this situation without further action being taken. Pursuant to 15 USC 1611, 15 USC 1666d and 15 USC 1692k, SUNBIT, INC. is liable to monetarily compensate me for the violations committed against me.

Company response to consumer: Closed with explanation