Consumer complaint received 2021-12-16
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt was paid
Company: SYNCHRONY FINANCIAL (TX)

On XX/XX/2021, I sent Synchrony Bank, the issuer of the XXXX Credit Card, a tender/money order for special deposit as a non cash item ( XXXX XXXX XXXX ( u ) ) in full settlement of the alleged obligation of {$3100.00} in accordance with 12 CFR 204.2 ; U.C.C. 3-601 ; U.C.C. 3-603 ; U.C.C. 3-604 ; and U.C.C. 3-311. I waited XXXX ( XXXX ) full business days for Synchrony Bank to process the tender and adjust my account accordingly. After giving Synchrony Bank XXXX full business days to process the tender and adjust the account, On XX/XX/2021, I called and spoke to an XXXX about the issue. The XXXX called it a missing payment and stated Synchrony Bank would add a provisional credit to my account in the amount of the missing payment while they investigated the issue. I received correspondence that day following the phone call via e-mail, dated XX/XX/2021, stating Synchrony Bank needed documentation of the payment within 15 days of the date of the letter. I sent the XX/XX/2021 tender/money order for special deposit as a non cash item via USPS REGISTERED Mail, allowing USPS to act as a third party witness of the sending and receiving of the tender. Upon checking the tracking number via the USPS website, I saw the tender was in fact delivered on XX/XX/2021, to the correct address provided on the payment instructions, although Synchrony Bank was claiming to had not received it. On XX/XX/2021, my account had not been adjusted in accordance with the tender nor had I received proper notice of dishonor from Synchrony Bank. In the event Synchrony Banks dishonor through nonperformance and nonresponse was unintentional or due to reasonable neglect, mistake, or impossibility, On XXXX XXXX, In good faith, I sent a Notice of Default and Opportunity to Cure attached with proof of payment, and gave Synchrony Bank the opportunity to send confirmation that my account and open end credit plan had been adjusted in accordance with the tender in full settlement of the alleged obligation sent on XX/XX/2021 or send a proper Notice of Dishonor to allow me to cure any defects. This time, in addition to sending it to the previous XXXX XXXX XXXX I was provided, I sent to Synchrony Bank headquarters ATTN : CEO. In correspondence from XXXXynchrony BanXXXX XXXX XX/XX/2021, Synchrony Bank states that they were unable to locate the payment and that the credit they had issued to be had been reversed with no mention of the Notice of XXXX and Opportunity to Cure attached with proof of payment sent on XX/XX/2021. In correspondence from Synchrony Bank dated XX/XX/2021, signed by an agent from the XXXX XXXX XXXX XXXX, the XXXX  made note of being in receipt of my tender and instructions for the tender but states we do not accept notes as payment for Synchrony Bank accounts and that I am responsible pursuant to the terms and conditions of the account and billing statements. This is extremely confusing as the US Dollar is in fact a note. In addition, because I am no longer XXXX to the law, I know that Federal law supersedes any and all terms and conditions of the account. The agent states my tender will not be honored. Pursuant to UCC 3-603 ( b ), if Synchrony Bank refuses my tender, Synchrony Bank must discharge the tendered amount. In addition, I, the consumer, did not consent to this third party being in my affairs. This XXXXt also tries to coerce payment in this letter stating I have a past due balance. This makes the agent a debt collector under Title 15 of the United States code and is an individual against 15 USC 1692f. On XX/XX/2021, I sent Synchrony Bank an Affidavit of Truth attached with seven ( 7 ) Exhibits ( all correspondence stated in this complaint, including tracking information regarding correspondence sent from myself to Synchrony Bank ), sent via Certified Mail by Notary Public, including a commercial oath and verification, with statements of truth in fact regarding all communications already stated in this complaint as well as several individual acts against the laws that protect myself as the consumer against debt XXXX like Synchrony Bank under Title 15 of the United States Code. Synchrony Bank is in receipt of this Affidavit of Truth as of XX/XX/2021. As of XX/XX/2021, Synchrony Bank has not rebutted any statement of truth in fact stated in the Affidavit. I received XXXX separate correspondence dated XX/XX/2021 from Synchrony Bank following their receipt of my Affidavit of XXXX. In the first correspondence dated XX/XX/2021, Synchrony Bank thanks me for my recent inquiry and that it may take them up to 60 days to complete their research. In the second correspondence dated XX/XX/2021, Synchrony Bank thanks me for my recent inquiry as well as stating they have issued another credit in the amount of the tender I sent on XX/XX/2021. Synchrony Bank states that we may reverse the credit if they are unable to locate the payment once again, having already admitted to receiving the tender along with the instructions for the tender in the correspondence from the XXXX XXXX XXXX XXXX dated XX/XX/2021. Synchrony Bank states in this second correspondence dated XX/XX/2021 that it could take up to 90 days to investigate. In correspondence from Synchrony Bank dated XX/XX/2021, a second XXXXXXXX from the XXXX XXXX XXXX XXXXXXXX states that the tender I sent on XX/XX/2021 was not sent to the correct address, and provides the address in a quote from the Conditional Payments section of the back of the billing statement. While I appreciate finally being informed of this information after 2 months of trying to resolve the issue with my account, I, the consumer, did not consent to this third party being in my affairs. Because of all the confusion, contradicting correspondences, violations/individual acts against my rights as a consumer, and several billing errors, on XX/XX/XXXX, I sent Synchrony Bank a Notice of Billing Error pursuant to 12 CFR 1026.13. In said Notice, I demanded documentary evidence from Synchrony Bank on the public and private side, showing accounts receivable and payable, to which I have a right to receive pursuant to 12 CFR1026.13 ( a ) ( 6 ). As defined in 15 U.S. Code 44, documentary evidence is all documents, papers, correspondence, books of account, and financial and corporate records which involve all derivatives, assignees, and hypothecations in connection with the name on the account. The documentary evidence that Synchrony Bank is obligated to provide is to clarify who funded the account and how much is owed according to the journal and ledger entries from the opening date of this account as described in IRS Publication XXXX and in accordance with Generally Accepted Accounting Principles ( GAAP ). Synchrony Bank s failure to comply with the requirements of clarifying documentary evidence, both public and private ledger, will make the organization civilly liable under 15 U.S. Code 1693m for any actual damage against I, the consumer and criminally liable under 15 U.S. Code 1693n. Notice in fact, according to 12 CFR 1026.13 ( d ), Synchrony Bank may not collect any disputed amount, restrict, accelerate payment, close an account, or threaten any adverse reporting to any person about the consumers credit reporting without resolving the billing error. The said code also states that I, the consumer, do not need to pay any disputed amount. Synchrony Bank XXXX failure to comply with the requirements will forfeit its right to collect pursuant to15 U.S. Code 1666 ( e ). Fact, I am also aware that my account from Synchrony Bank is an open end credit plan. Pursuant to 15 U.S. Code 1602 ( j ), an open end credit plan is a plan under which the creditor reasonably contemplates repeated transactions, which prescribes the terms of such transactions, and which provides for a finance charge which may be computed from time to time on the outstanding unpaid balance. I am aware that 15 U.S. Code 1637 ( b ) ( 1 ) and 15 U.S. Code 1637 ( b ) ( 8 ) states that each statement shall have an outstanding balance at the beginning and the end of the statement period which constitutes a billing error. Synchrony Bank is in receipt of this Notice of Billing Error as of XX/XX/2021 as verified by USPS return receipt, as has yet to provide me with the documentary evidence. In accordance with 15 USC 1692c ( d ), I, consumer in fact, am invoking my XXXX and XXXX status over this matter and am of the XXXX  of majority. It is also a fact Synchrony Bank is a corporation and is always considered a minor. Corporations who are considered minors have no legal standing or jurisdiction.