Consumer complaint received 2023-12-29
Product: Debt collection — Payday loan debt
Issue: Took or threatened to take negative or legal action — Collected or attempted to collect exempt funds
Company: V and H Portfolio (TX)

I request validation of this debt per Texas Finance Code Section 392.202 which requires a debt collection agency or credit bureau to provide the alleged debtor with specific information concerning their debt including but not limited to ; For the purpose of validation provide me with : The name and address of the original creditor. The original date of default or non-payment of the debt with original creditor. The date the debt was transferred from the original creditor to the third party debt collector. The original balance. The current balance. Any fees added by your agency. Sec. 392.303 ( a ) ( 2 ). I did not sign any agreement and/or contract with this company regarding any allege debt. And this company should provide a valid recorded copy of an assignment of transfer to be able to attempt to collect on uncollectable debt after the statute of limitations. 

They have added this to my credit reports and created damage to it. They are attempting to collect on alleged debt that is no longer collectable under Texas statute of limitations of 4 years. In addition, they are attempting to collect from exempt funds per Texas Property Code, Chapter 42 as I have only XXXX benefits as income. They are also in violation of the Fair Debt Collection Practices Act due to their unlawful collection practices on exempt funds. 

Texas Surety bond information as required by Sec. 392.101 - my original signature on the application from the creditor - my original signature on an application with your office consenting to any service Please note XXXX, XXXX, and XXXX are bonded in the state of Texas and are required to comply with Texas Finance Code. If a debt collector has failed to respond to your debt validation request, then they have essentially admitted, per Texas Finance Code 392.202 ( b ) ( 2 ), that the debt in question is inaccurate. Per this requirement you must delete this trade line if you do not have sufficient time to complete an investigation to validate this debt in 30 days according to Sec. 392.202 ( d ) ( 1 ) Also per Texas Finance Code 392.202 Correction of third -party debt collectors or credit bureaus files. I request immediate notification by mail if this alleged debt is sold or transferred per Sec. 392.301 ( a ) ( 4 ).

This company is also attempting to collect debt that has exceeded the statute of limitations in the state of Texas. They consistently call and leave various voice mails from the following several numbers ( XXXX, XXXX, XXXX, XXXX, XXXX ) and when you attempt to call them back some of the numbers have been disconnected. This company does not have my permission to call me on any cell phone I may have possessed, currently possess or will possess in the future. They need to cease and desist their threats to sue requesting that I submit a written plaintiff statement in my defense and schedule a time and location for delivery of whatever, which is a violation of collection practices to threaten to sue someone or delivery lawsuit/judgement items to their place of employment. I am seeking an attorney to discuss a class action lawsuit as I believe this is their practice and they are violating several laws includes Texas Finance Code 392.202 ( b ) ( 2 ), FCRA, FDCPA, Texas Debt Collection Act and TCPA 47 U.S. Code 227. These calls are harassment and have been going on for months, which is a violation of FDCPA. A complaint has also been filed with the Texas Attorney General & # 39 ; s office. I will also be filing a lawsuit in the state ofTexas due to the violation of the TCPA and FDCPA. 

Please reply with your response via US MAIL. Do not contact me by phone as it is inconvenient. Do not contact my family, acquaintances, or employer in any manner. 
Please note I am fully prepared to pursue my rights for the harm this inaccuracy has done to me. Sec. 392.403. CIVIL REMEDIES. ( a ) A person may sue for : ( 1 ) injunctive relief to prevent or restrain a violation of this chapter; and ( 2 ) actual damages sustained as a result of a violation of this chapter. Please also note Texas BCC17. I demand that you will not sell, transfer, or assign this debt per Sec. 392.301 ( a ) ( 4 ). Regards.