Consumer complaint received 2024-10-01
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: McCarthy, Burgess & Wolff, Inc. (FL)

I have sent this company several communications via mail and email about me not owing a debt. In fact, the original credit card company owes me money for the violation of several laws. I have sent this company and XXXX a Cease and Desist as well as a contract and debt validation letter. 

As previously mentioned to XXXX XXXX XXXX XXXX, I've instructed McCarthy, Burgess & Wolff to stop contacting me. Now they are harassing me and sending me letters about a debt I do not owe. They are saying it's my debt, but they do not even have my correct name on it. 

Furthermore, I do not have a contract with XXXX, XXXX XXXX XXXX, or McCarthy, Burgess & Wolff and neither one of them can produce a valid contract showing where they gave me valuable consideration or anything of the sort. They actually owe me for valuable consideration given on my end, but XXXX has not provided anything in return. 

McCarthy, Burgess & Wolff is impersonating a law firm with their name and info sent to my mailbox. We do not have a contract and we will not have a contract. I do not owe XXXX anything. 

This is the third time I've told you guys to leave me alone. I've sent several notices to XXXX requesting my funds and interest be returned to me. 

Sending me statements only further proves that they owe me money. It doesn't prove that I owe them anything. XXXX has also stolen several securities that have not been returned including the original security. XXXX 's security interest in all instruments has been revoked. XXXX and any other company using my Social Security Number is now committing Identity Theft and Fraud on top of the security fraud that XXXX is already committing. 

XXXX. DISCHARGE BY CANCELLATION OR RENUNCIATION.

Primary tabs ( a ) A person entitled to enforce an instrument, with or without consideration, may discharge the obligation of a party to pay the instrument ( i ) by an intentional voluntary act, such as surrender of the instrument to the party, destruction, mutilation, or cancellation of the instrument, cancellation or striking out of the party 's signature, or the addition of words to the instrument indicating discharge, or ( ii ) by agreeing not to sue or otherwise renouncing rights against the party by a signed record. 

( b ) Cancellation or striking out of an indorsement pursuant to subsection ( a ) does not affect the status and rights of a party derived from the indorsement. 

( c ) As used in this section, " signed, '' with respect to a record that is not a writing, includes the attachment to or logical association with the record of an electronic symbol, sound, or process to or with the record with the present intent to adopt or accept the record. 


XXXX. REPLACEMENT OF LOST, DESTROYED, OR WRONGFULLY TAKEN SECURITY CERTIFICATE. 
( a ) If an owner of a certificated security, whether in registered or bearer form, claims that the certificate has been lost, destroyed, or wrongfully taken, the issuer shall issue a new certificate if the owner : ( 1 ) so requests before the issuer has notice that the certificate has been acquired by a protected purchaser ; ( 2 ) files with the issuer a sufficient indemnity bond ; and ( 3 ) satisfies other reasonable requirements imposed by the issuer.

( b ) If, after the issue of a new security certificate, a protected purchaser of the original certificate presents it for registration of transfer, the issuer shall register the transfer unless an overissue would result. In that case, the issuer 's liability is governed by Section 8-210. In addition to any rights on the indemnity bond, an issuer may recover the new certificate from a person to whom it was issued or any person taking under that person, except a protected purchaser.