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

XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXX Date : XX/XX/year> ProCollect , Inc . 
XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX RE : Debt Validation Request for Account # [ XXXX XXXX XXXX XXXX ] Original Creditor : XXXX XXXX XXXX Dear ProCollect , Inc., This letter is a formal demand for validation of the alleged debt you claim I owe, pursuant to my rights under federal and state law. Under the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692g, I am requesting that you provide all relevant documentation that proves the validity of the alleged debt and your legal authority to collect it. Further, I am invoking my rights under the Uniform Commercial Code ( UCC ) and related federal consumer protection statutes. 
1. Proof of Debt Validation : Per the FDCPA, you must provide documentation, including but not limited to : A full accounting and itemization of the claimed balance of {$12000.00}, detailing any principal, interest, fees, or other charges. 
Documentation showing the chain of custody or assignment of this debt from XXXX XXXX XXXX to ProCollect , Inc., as well as any intermediate assignees, in compliance with UCC 3-201 and UCC 3-302 , which govern the negotiation and assignment of negotiable instruments, including promissory notes or leases. 
Under 15 U.S.C. 1692e, it is illegal to use false or misleading representations to collect a debt. I am hereby requiring you to verify that all the information you are using to collect this debt is accurate and truthful. 
2. Proof of Ownership/Assignment and Holder in Due Course : I demand that you provide : Proof of assignment that clearly demonstrates that you have legal standing and are the Holder in Due Course of the alleged debt, as defined by UCC 3-302 . This includes a properly executed assignment agreement between you and XXXX XXXX XXXX, establishing a legitimate transfer of rights and obligations. 
Under UCC 9-203, for you to have an enforceable right to collect this debt, there must be an authenticated record showing the value given and that rights to the collateral ( in this case, the alleged debt ) have been transferred. 
If you are unable to provide these documents, you lack standing to enforce the debt under UCC Article 9 and applicable state contract law. Furthermore, any attempts to continue collection without proof of legal ownership will be considered a violation of 15 U.S.C. 1692f ( Unfair Practices ) and may result in legal action against your agency. 
3. Proof of Standing and Original Agreement : I also demand that you provide a copy of the original signed agreement or lease with XXXX XXXX XXXX, as required under FDCPA, 15 U.S.C. 1692g. This contract must demonstrate that I agreed to the terms under which the debt was allegedly incurred. Without this, you can not legally verify that this debt is valid. 
Additionally, under UCC 2-201, any agreement involving debts over {$500.00} must be in writing and signed by the party against whom enforcement is sought ( me, in this case ). If no signed contract exists, this debt is not enforceable under the Statute of Frauds. 
4. Fair Credit Reporting Act ( FCRA ) Violations : If you have reported this debt to any credit reporting agencies ( CRAs ), you are required under the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681s-2, to ensure that the information is accurate and fully verified. Should you fail to validate the debt or provide insufficient validation, I will demand the immediate removal of this account from my credit reports under 15 U.S.C. 1681i. 
I am also asserting my rights under 15 U.S.C. 1681b regarding permissible purposes for the access of consumer credit reports. If this debt is unverified, any access to my credit report by your agency will be seen as unauthorized, and I reserve the right to take legal action for FCRA violations. 
5. Cease and Desist : Per FDCPA, 15 U.S.C. 1692c ( c ), I am formally requesting that all future communication with me be conducted only in writing. You are to cease all phone communications immediately. Failure to comply with this request will be considered harassment and a violation of federal law. 
6. Legal Consequences for Non-Compliance : Be advised that failure to comply with this validation request within 30 days will constitute a violation of my rights under the FDCPA and other applicable laws, including UCC Article 3 and 9. I reserve the right to file complaints with the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), my states Attorney General, and other relevant regulatory agencies. Additionally, I will consider pursuing litigation to enforce my rights and seek damages for any violations. 
If you are unable to provide proper validation of the debt, I will demand that this account be immediately removed from my credit report with all CRAs and that any and all collection efforts be discontinued. You are also prohibited from selling or transferring this alleged debt to any other party without full compliance with federal and state laws. 
7. Conclusion : I expect a response providing the requested validation documents within 30 days of your receipt of this letter, as required by law. Please send all correspondence to my address as listed above. 
Thank you for your prompt attention to this matter. 
Sincerely, XXXX XXXX