Consumer complaint received 2024-10-02
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: CITIBANK, N.A. (PA)

I am writing in response to your recent communication regarding the verification of the debt associated with my account number referenced above.

While I appreciate your assertion that the debt is verified, I have significant concerns about the documentation provided. Specifically, the documents were stated to be from your client and were not prepared in your office. Furthermore, I have not received any documentation bearing my signature or any agreement that substantiates my obligation to this debt.

Under the Fair Debt Collection Practices Act, I request the following : Any documentation that clearly demonstrates my responsibility for this debt, including a copy of any signed agreement.

Detailed records of the account, including transaction history, to substantiate the claimed amount.

Until I receive this information, I maintain my dispute regarding the validity of this debt and request that all collection efforts cease.

Request for Deletion of Trade-lines and Cessation of Collection Efforts RE : Investigation Request to Delete reported data NOT certifiably COMPLIANT and PROVEN VALID and/or not documented as fully true and PHYSICALLY VERIFIED!

RE : Affidavit of Fact and Truth Regarding Disputed Credit Report Information and FCRA Violations Please note that you have 30 days to complete this investigation, as per the Fair Credit Reporting Act Section 611 ( a ) ( 1 ) ( A ), and I am keeping careful record of your actions, including your Method of Verification. I do not consent to e-oscar or any means of automated verification.

Additionally, please provide the name, address, and telephone number of each person contacted regarding this alleged account. I am formally requesting a copy of any documents showing that I have a legally binding contractual obligation to pay them the exact amount claimed. Any automated or electronic response or e-oscar verification is unacceptable. I am requesting a reinvestigation AND your method of verification. I also request that the results be sent via XXXX only. 

After further review of my accounts with my attorney, I am writing to formally request the deletion of these trade lines from all credit reporting agencies and to cease all collection efforts regarding these accounts due to fraudulent activity associated with their histories.

I have discovered that my accounts may have been subjected to unauthorized use, which I believe constitutes fraud. Therefore, I request that Citibank promptly investigate this matter, rectify my credit report, and stop all collection efforts immediately.

Additionally, I wish to highlight violations of the Truth in Lending Act ( TILA ) as implemented in Regulation Z. Specifically, Citibank has failed to reevaluate and lower the annual percentage rates ( APRs ) for these accounts, contrary to the requirements outlined in section 1026.59 ( a ).

Furthermore, I believe that Citibank has not maintained reasonable written policies and procedures for conducting these APR reevaluations, as mandated by section 1026.59 ( b ).

These actions not only violate TILA but also infringe upon my rights under the Consumer Financial Protection Act of 2010 ( CFPA ), specifically sections 1053 and 1055.

Given these concerns, I request that you promptly take the following actions : 1. Remove these trade-lines from all credit reporting agencies.

2. Cease all collection efforts associated with these accounts.

3. Investigate the fraudulent activity linked to these accounts and provide me with a written response detailing your findings and actions taken.

Additionally, I require a complete history of these accounts, including : 1. How and where each account was opened ( online or in a branch ).

2. The process used by Citibank to verify my identity when the accounts were opened.

3. The phone number provided during the account opening process.

4. Whether Citibank verified my driver 's license or a copy of my Social Security card.

5. If the accounts were opened online, I consider this fraudulent activity.

I expect every detail from the account opening to it's closing.

If your client is unable to validate the debt as requested above within 30 days of your receipt of this letter, DELETE AND Permanently REMOVE ALL XXXX XXXX BANK ACCOUNT FROM ALL REPORTING CRA ASAP! 
I understand that per the Fair Credit Reporting Act, you are required to notify me of your investigation results within 30 days. My contact information is provided above and I have included proof of my social security and current address to avoid any delays in your response time. 
I look forward to receiving an updated copy of my credit report reflecting the above correction.

1.Please explain to me what your representatives uncovered to lead them to believe that you are reporting this item as it legally should be reported?

2.What certified documents were reviewed to conclude your investigation?

3.Please provide a complete copy of all of the information that was transmitted to the data furnisher as part of the investigation.

4.What did it cost your company to obtain the documents needed to complete your investigation?

5.Please provide proof of your timely procurement of certified documents.

6.Did you speak directly to any agent of the company that was reporting the information to confirm the accuracy of what you are reporting?

7.If yes to above : a.Who did you speak to? b.On what date? c.How long was the conversation? d.What was their position? e.What telephone number did you call? f. What is the name of the employee of your company that spoke directly to the above party? g.What is the position of the employee of your company that spoke directly to the above party? h.How long has that employee been employed by your company?

i.What formal training was provided to this employee to investigate items of this kind?

j.Was there any e-mail or written communication between members of your company and the above party?

8.If so, please provide copies of all correspondence ; supply copies of any and all conclusive documentation to prove that you have in fact conducted a reasonable investigation of the account in question.

9.Provide the date of the commencement of delinquency 10.Provide the SPECIFIC date reporting that these items will cease.

Enclosed with your response to the above questions I respectfully request a notarized affidavit confirming the information that is provided is true and correct as per my civil rights granted under several federal laws. This information should not come as a form letter response.

My initial dispute was detailed and directly related to the account in question.

A template response will not be an acceptable response. If you can not supply ALL of the above information in a timely manner as detailed in several laws, including but not limited to the Fair Credit Reporting Act, I must immediately demand the permanent removal of this item from my credit report.

This erroneous entry is detrimental to my overall credit rating and has caused me severe financial and emotional distress. If you choose not to provide the above requested deletion or requested/required documentation of your investigation, I will pursue the enforcements of my constitutional rights via federal court proceedings. As you are well aware this information will come out through my formal discovery process, and necessary depositions. I have recently studied constitutional consumer protection laws along with civil/federal court procedures. I will represent myself pro-se and will formally request a jury trial.

I dispute the validity of the debt in entirety and every portion of it. This is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( b ) that your claim is disputed and debt validation is requested. 
XXXX XXXX XXXX claims that it holds legally binding promissory notes. Your client is responsible for validating such claims and the corresponding monetary demands. In accordance with case law, ( citing ). 
As assignees, the XXXX XXXX and other secondary holders step into the shoes of the lender from whom they have taken the promissory notes and are subject to any defenses that the student/obligee XXXX assert against the assignor/lender. See XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX. XXXX, XXXX XXXX ( XXXX XXXXXXXX ), reversed on other grounds, XXXX XXXX XXXX ( XXXX XXXX. XXXX ), vacated, XXXX XXXX XXXX, on reconsideration, XXXX XXXX XXXX ( XXXX XXXX. XXXX ). 

Accordingly, I request that your client furnishes copies of the following documents : 1 ) Exact copies of the original documents that demonstrate that student loan lending and borrowing transactions did take place and the resulting debt exists.

2 ) Copies of original documents that meet the Uniform Commercial Code ( UCC ) requirements for legally binding promissory note debt instruments. The partial, front-end copies of the Application and Promissory Note documents that I filled in and your client has furnished As such, these documents do not contain the following information that is necessary for a document to qualify as a legally binding promissory note : The exact principal amount that has to be paid. The partial copies of the Application and Promissory Note documents that were furnished to me state that the principal can be the amount printed in the loan application, or less, which then also includes XXXX ( {$XXXX} ). XXXX ). 
Specific interest rate. 
Due date, and when and at what frequencies any money has to be paid. 
Further, a promissory note must be an unconditional promise to pay. The signed partial copy of the Application and Promissory Note financial aid document on its own is not an unconditional promise to pay. 
Therefore, the Application and Promissory Note financial aid document on its own qualifies at the most as a conditional promise to pay, dependent on the content of the Notice of Loan Guarantee and Disclosure Statement and any other documents that the applicant will sign when receiving a loan. 

Accordingly, as was pointed out above, if your client claims that lending and borrowing transactions occurred, your client must furnish relevant signed documents that amount to legally binding promissory note debt instrument and to unconditional promise to pay.

3 ) Two-sided ( duplex ) exact copies of the two-sided original ( duplex ) Application and Promissory Note documents. If your client is the actual legal owner of the alleged debt, then your client must have the original, fully qualifying Promissory Note documents in its possession. So far, your client has furnished copies of the front end of the two-sided Application and Promissory Note documents, and separate copies of what could be the back ends of any persons documents. Nothing links these copies reliably together. There is no information on the separate copies of the back ends that relates them reliably with the front ends of the Application and Promissory Note documents.

I do not accept the unidentifiable separate back ends as parts of the same documents. Any person who handled these documents could have made a copy of the front end of my applications, and the back end of another persons financial aid applications, and put them next to each other either accidentally or intentionally, claiming that these two copies belong together as one document.

Please note, that the guaranty agency that seems to be the source of the relevant documents, has already shown that it can manufacture legal documents at will an act that I consider to be equivalent to forgery.

The separate back ends contain information that may be interpreted as signing over loans to guaranty agency. Because we do not have reliable documents that show that the alleged loans existed in the first place, or that I signed over the alleged loans to the XXXX XXXX, your client must furnish documents that prove that the alleged loans exist and that your client is the legal owner of the said alleged loans. Accordingly, your client must furnish exact duplex copies of the original Application and Promissory Note documents as is requested above. Debt validation dispute your client has not been able to furnish exact duplex copies of the original Application and Promissory Note documents. Instead, your client sent me repeatedly partial copies of documents, that were made from partial copies of documents. 
Please do not send me one-sided copies, so that you make separate copies of the front and back end of the original documents. 
Similarly, please do not send me two-sided copies that are made from copies. Such copies can be made by putting together XXXX sheets of paper and copying both sides as if it were XXXX document. Such act would be equivalent to forgery. 

XXXX ) Exact copies of all of the original Notice of XXXX XXXX and XXXX Statements that apply to the loans that I allegedly received. 

All of the original Notice of XXXX XXXX and XXXX Statements that apply to the loans that I allegedly received. 
Please do not send me copies of documents that were manufactured. XXXX ) Both ( XXXX ) and ( XXXX ) listed below : ( XXXX ) Copies of the original insurance claims that the XXXX allegedly submitted to the guaranty agency. 
XXXX ) We already had a documented incident where the guaranty agency that is involved created student loan borrowing related original Notice of XXXX XXXX and XXXX XXXX legal documents in XXXX by entering my current information into their computer system ( and used a wrong banks name ), while I graduated from college in XXXX. As is stated above, I consider manufacturing such documents at will to be acts equivalent to forgery. 

Therefore, please have each document notary certified, stating that ( XXXX ) the document is the exact copy of the original document, not a copy of a copy, and ( XXXX ) the copy was made in the presence of the notary who certifies it, and ( XXXX ) which company or organization currently holds the original document. 
Based on the available information, qualifying Promissory Note documents in this case do not exist at all, and your client does not have even the original two-sided ( duplex ) financial aid Application and Promissory Note documents in its possession. Thus, based on the available information, your client has partial copies of irrelevant documents, created internal records and now claims ownership of an alleged debt. 
Further, based on the available information, the loan records were created after I graduated from college, by picking approximately 80 % of the amounts from the financial aid applications, without existence of the corresponding lending and borrowing transactions and the relevant documents. Such internal record creating does not create debt. 
Please treat this matter with the urgency it deserves. I look forward to your prompt response. Should you require any further information to assist in your investigation, do not hesitate to reach out. 

This is a formal dispute of information and reporting. I formally exercise my rights as a consumer to request that you only report True, Factual, Correct and Current, & verified information and I request that any deficiently reporting information be released and dismissed at once. I DEMAND In this lawful request I DEMAND that you initiate a complete investigation of the source of these accounts and ascertain that the creditor had a permissible purpose for even the account inquiries of which to potentially initiate said alleged accounts, be them true or not, valid, or not. My personal identifying information above is without a doubt Current, True, and Verifiable! Anything that deviated from this that you have on my credit report is not true accurate reporting and I formally requesting for immediate removal. Please REMOVE ANY OTHER PERSONAL IDENTIFIERS that are not Factually True as I have noted above. Just as I have noted above is most pertinent and you must Authenticate that your correct to report deficient and erroneously of evident compliance of factual reporting particularly in relationship to mandatory the correct and perfect PROCESSES of lawful reporting and the obligatory complete correct XXXX XXXX Formatted compliance of reporting standards. These are integral of REPORTING, NOT OPTIONS of lawful reporting so please release to me all undeniable documented & certified proof of your claims, the claims reporting processes and formatted nature of the complaint and STOP REPORTING THESE CLAIMS, be it true or not. 
I am practicing my right to challenge questionable information reporting that I have found on my personal credit report, be it due to potentially erroneous and or misleading claims/data or be it due to UNVERIFIABLE or INVALIDATE and or not CERTIFIABLY COMPLIANT REPORTED claims REGARDLESS of circumstances else wise. Reporting engrossments and standards of appropriate reporting are MANDATES NOT OPTIONS of reporting, even correct true claims NOT reported precisely according to engrossment of certifiable compliant reporting PROCESS and or FORMAT ( XXXX XXXX DATA FIELD FORMATTED reporting 's ) are DEFICIENT of report-ability if not ABSOLUTELY documented and provable Undoubtedly any purported reporting data furnisher would be required to at the very least be able to authenticate my complete file of information exactly as I have indicated in this letter and NO OTHER WAY including full First and Last names, my current correct resident address Street Number and Street Name as well as City and State, my factually correct date of birth and the factually correct last four of my reported SSN #. ANY DEFICIENCIES require IMMEDIATE and COMPLETE ERADICATION of reporting PREMARITALLY! 
In accordance with the Fair Credit Reporting Act Section 611 ( 15 U.S.C. 1681I ) and the understood STANDARDS of acceptable lawful COMPLIANT REPORTING STANDARDS such as the XXXX XXXX Five Points of Compliance and other potentially applicable standards and or regulatory engrossments of reporting I am rendering this officially writ consumer CHECK OF COMPLIANT REPORTING and CHALLENGE versus any and all insufficient reporting and ineptitude to sufficiently document factual reporting verifiability of validness, authenticity, accuracy, ownership of responsibility, completeness, and or certifiability of the mandated compliant Procedure of REPORTING and mandatorily perfect complete certifiable XXXX XXXX FORMAT compliance of reporting standard ( XXXX ). I do not recognize the information listed below as having ever been demonstrated to be factual in solidity much less certified compliantly reported in the mandatory processes of reporting and with factual, accurate, and completely certified ordered format of the XXXX XXXX COMPLIANCE STANDARD of reporting standard ( XXXX ).