Consumer complaint received 2024-10-05
Product: Debt collection — I do not know
Issue: False statements or representation — Attempted to collect wrong amount
Company: CCS Financial Services, Inc. (TX)

XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, TX XXXX XXXX XXXX Date : XX/XX/year> Credit Collection Services XXXX XXXX XXXX XXXX, MA XXXX RE : Debt Validation Request for Account # XXXX Original Creditor : Esurance an XXXX XXXX Dear Credit Collection Services, I am writing to formally dispute the alleged debt associated with account number XXXX, which you claim is owed to Credit Collection Services. I do not recognize this debt, and therefore, I am requesting full validation of the debt pursuant to my rights under the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692g. Additionally, I invoke my rights under the Uniform Commercial Code ( UCC ) and other applicable federal and state laws governing debt collection practices. 
1. Proof of Debt Validation : Per 15 U.S.C. 1692g, I request that you provide comprehensive documentation to prove the validity of this alleged debt. Specifically, I require the following : A detailed itemization of the debt amount of {$93.00}, including a complete breakdown of how the debt was calculated, covering any fees, penalties, interest, or other charges that were applied. 
Documentation proving the chain of custody or assignment of the debt, including any legal agreements that demonstrate the debt has been properly assigned to your agency, in compliance with UCC 3-201 ( negotiation and transfer of negotiable instruments ) and UCC 3-302 ( Holder in Due Course status ). You must demonstrate that you have the legal standing to collect this debt.

Under 15 U.S.C. 1692e, it is illegal to use false or misleading representations in the collection of a debt. I request that you verify that all the information you provide is accurate, complete, and truthful.

2. Proof of Ownership and Assignment of the Debt : Since Credit Collection Services is not the original creditor, you are required to provide documentation proving that you are the lawful Holder in Due Course of the debt, per UCC 3-302. This should include : A legal assignment agreement between Esurance an XXXX XXXX and your agency, showing that the debt was transferred or sold to Credit Collection Services. 
Documentation proving the transfer was in accordance with UCC 9-203, showing that an enforceable right to collect this debt was assigned to Credit Collection Services .

Failure to provide these documents will indicate that you do not have standing to collect this debt, and further attempts to do so will be considered a violation of 15 U.S.C. 1692f ( Unfair Practices ).

3. Proof of Standing and Original Agreement : I also demand a copy of the original agreement or contract with Esurance that I allegedly signed, demonstrating that I am legally obligated to repay this debt. This is required under FDCPA, 15 U.S.C. 1692g.

In accordance with UCC 2-201, any agreement for a debt exceeding {$500.00} must be in writing and signed by the party against whom enforcement is sought. If no signed agreement exists for the amount you claim, the debt may be unenforceable under the Statute of Frauds.

4. Fair Credit Reporting Act ( FCRA ) Violations : If this debt has been reported to any Credit Reporting Agencies ( CRAs ), you are required to ensure that the information is accurate and verifiable under the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681s-2. 
Should you fail to provide sufficient validation of the debt, I demand the immediate removal of this account from my credit report under 15 U.S.C. 1681i. Additionally, under 15 U.S.C. 1681b, if this debt is not validated, any access to my credit report will be considered unauthorized and will be treated as a violation of the FCRA, potentially leading to legal consequences.

5. Cease Communication via Phone : Under FDCPA, 15 U.S.C. 1692c ( c ), I request that all future communication regarding this matter be conducted only in writing. You are hereby required to cease all phone calls or other electronic communications. Any further phone contact will be deemed harassment under federal law, and I reserve the right to pursue legal action if necessary.

6. Legal Consequences for Non-Compliance : If you fail to comply with this validation request within 30 days of receipt, this will constitute a violation of the FDCPA, FCRA, and UCC, among other applicable laws. I reserve the right to file complaints with the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), and my states Attorney General. Furthermore, I reserve the right to pursue litigation for any violations of my rights, including but not limited to unauthorized credit reporting or attempts to collect an unvalidated debt. 
If you are unable to validate this debt, I will demand the immediate removal of this account from my credit report and request that all collection efforts cease.

7. Conclusion : I expect a response with the required documentation within 30 days from your receipt of this letter. Please send all correspondence to the address listed above. 
Thank you for your attention to this matter. 
Sincerely, XXXX XXXX