Consumer complaint received 2024-10-09
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt was paid
Company: JPMORGAN CHASE & CO. (GA)

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX JPMCB Card XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX : JPMCB N.A XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX DEBT COLLECTOR DISCLOSURE STATEMENT Re : Offer of Performance This statement and the answers contained herein may be used by Demandant, if necessary, in any court of competent jurisdiction. 

This is your legal notice of billing error ; I dispute the validity of this alleged debt. I accept your offer for verification and per the Truth in Lending Act at 1-5 U.S.C. 1601-1667f, I demand that you send verification and validation of said alleged debt. Verification is ONLY an affidavit, oath or deposition by a person, signed under penalty of perjury. Perjury is punishable by imprisonment for two to four years in state prison. Send verification to me with your original, notarized signature on it. DO NOT send me copies of fraudulent monthly statements or a forged application and then state you sent me verification. Send me only a true, legal, valid, signed, and notarized verification of any purported debt as defined by law in the Uniform Commercial Code and all other legal sources. If you do not respond within ten ( 10 ) days to validate this alleged debt, it will be accepted as tacit consent and agreement. 

Validation of the debt can either be a signed judgment order or an accounting which is signed and dated by the ( person ) responsible for maintaining the account general ledger. A copy of the consumer credit contract is not sufficient to validate the debt. Validation requires presentment of the account and general ledger statement signed and dated by the party responsible for maintaining the account. See XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 

I also demand a certified copy of the original contract between the original creditor and me with both out signatures on it, including all pages, both front and back. The original will be subpoenaed at trial and a copy will not be admissible. 

I have determined that either you or the original alleged creditor have extended credit ( money of account ) but are requesting that I repay you in money ( money of exchange, and lawful money at that ), which creates at least the interference of inequality of obligations on the two sides of the transaction ( money, including unlawful money, is to be exchanged for bank credit ). I have also determined that either you or the original alleged creditor never lent any of your own pre-existing money, credit, or assets as consideration to purchase my alleged notes or credit agreements. In this event, there is an utter failure of consideration for the loan agreement. 

Have you purchased evidence of an alleged debt at a discount? If so, you are now using the U.S. Mails in a fraudulent attempt to collect, not only a charged-off, uncollectible alleged debt, but you are trying to induce me to give you more than you paid for it, which is illegal and mail fraud. I will not delay in turning you into the Postal Inspector for criminal prosecution, penalties and sanctions for you and your company. 

This Debt Collector Disclosure Statement is not a substitute for, nor the equivalent of, the hereinabove-requested verification of the record, i.e., Confirmation of correctness, truth or authenticity, by affidavit, oath, or deposition XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX re the alleged debt, and must be completed in accordance with the Fair Debt Collection Practice Act, 15 USC 516929 , applicable portions of Truth in Lending ( Regulation Z ), 12 CFR 226, and demands as cited above in Offer of Performance. Debt Collector must make all required disclosures clearly and conspicuously in writing re the following : What are the full names, addresses, and social security numbers of the Debt Collector agents?

What is the name and address of the alleged Original Creditor, if different from the Debt Collector and the original Account Number? 
Where did the money come from for this alleged debt? Give the source and provide detailed accounting entries for this and explain if money or credit was loaned? 
Whose money was allegedly loaned and borrowed by Demandant?

What is the total alleged det owed and is it Dollars, Federal Reserve Notes or credit units? 
What were the sources and amount of the money used to create the alleged account? 
What was the total amount of money that was risked when the alleged account was created? 
In what form of money or credit is the repayment of the alleged obligation due? 
What date did the alleged debt become payable? 
If Debt Collector is different from alleged Original Credit does Debt Collector have a bona fide affidavit of assignment for entering into alleged original contract between alleged Original Creditor and alleged Debtor? 
Does Debt Collector have a bona fide agreement for legal representation from the alleged Original Creditor to litigate and collect anything regarding this specific-, alleged account? ( It will be subpoenaed. ) Did the Debt Collector purchase this alleged account from the alleged Original Creditor, and if so, what is the date of purchase from alleged Original Creditor and the purchase amount?

Did the Debt Collector purchase this alleged account from a previous debt collector, and if so, what is the date of purchase from previous debt collector and purchase amount?

What is the current capacity of the Debt Collector is the Debt Collector the Owner. Assignee, or Other and if Other, explain. 
Does there exist a verifiable, bona fide, original commercial instrument between Debt Collector and alleged Debtor containing alleged Debtors bona fide signature, and if so what is the nature and cause of any commercial instrument.

Does there exist verifiable evidence of an exchange of a benefit or detriment between Debt Collector and alleged Debtor, and if so, what is the nature and cause of this evidence of an exchange of a benefit or detriment?

Does any evidence exist of verifiable external act ( s ) giving the objective semblance of agreement between Debt Collector and alleged Debtor, and if so, what is the nature and cause of the act ( s )?

According to your company policy, did the alleged Debtor provide the creditor or debt collector an asset that the creditor or debt collector returned the value of back to the alleged Debtor calling it a loan? 
According to the company policy does the creditor or debt collector act like a moneychanger, receiving an asset from the alleged Debtor and returning the value of the asset back to the same alleged Debtor and returning the value of the asset back to the same alleged Debtor and charging as if there was a loan? 
According to the written agreement was the alleged Debtor to loan anything to the creditor or debt collector? 
According to the written agreement, was the alleged Debtor to give anything of value of which the creditor or debt collectors liabilities increased by the amount of what the creditor or debt collector received? 
According to your understanding according to the written agreement, was there to be an exchange of equal value for equal value between the creditor or debt collector and the alleged Debtor? 
How can the creditor or debt collector liabilities increased by the amount of the loan if they did not receive a deposit or a loan or an exchange from the alleged Debtor? 
Have any charge-offs been made by any creditor or debt collector regarding this alleged account? 
Have any insurance claims been made by any creditor or debt collector regarding this alleged account? 
Have any tax write-offs been made by any creditor or debt collector regarding this alleged account? 
Have any tax deductions been made by any creditor or debt collector regarding this alleged account? 
Have any judgments been obtained by any creditor or debt collector regrading this alleged account? 
At the time the alleged original agreement was executed, were all parties apprised of the full meaning of all the terms and conditions of said alleged original contract? 
At the time the alleged original agreement was executed, were all parties advised of the importance of consulting a licensed legal professional before executing the alleged contract? 
At the time the original alleged agreement was executed, were all parties apprised that said alleged contract was a private credit instrument? 
Does the creditor or debt collector define the word CREDIT, as per Federal Reserve XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX which is : Credit is the postponement of the payment of money.? 
Can credit be transferred by check? 
Does creditor or debt collector charge interest for the use of borrowed money? 
According to the creditor or debt collectors bookkeeping entries, if creditor or debt collector paid their debt associated with granting loans, could the creditor or debt collector pay the debt of the alleged account that the alleged Debtor owes the creditor or debt collector? 
What are bookkeeping entries for the alleged loan? Please supply detailed accountings. 
According to the alleged written agreement, is it by the terms used within it, defining terms of a terms of an exchange of equal value for equal value? 
If the creditor or debt collector was loaned {$100.00} from the alleged Debtor would the creditor or debt collectors assets and liabilities increase by {$100.00}? 
If the creditor or debt collector stole {$100.00} from alleged Debtor and recorded the stolen {$100.00} on the accounting books and records of the creditor or debt collector, would the creditor or debt collector assets and liabilities or capital increase by {$100.00}? 
According to the alleged written agreement does the creditor or debt collector charge interest to alleged Debtor for the use of an asset that the creditor or debt collector loaned to alleged Debtor? 
Does the creditor or debt collector comply with the Federal Reserve Bank policies and procedures when issuing credit and charging interest to the alleged Debtor of the creditor or debt collector when the alleged Debtor uses credit card to purchase merchandise? 
Is it the creditor or debt collectors policy to deny equal protection under the law, money, credit agreement or contact to the users of their credit cards? 
Provide all bookkeeping entries associated with all transactions for this alleged account. 
According to the creditor or debt collectors bookkeeping entries, if the creditor paid its debt associated with granting loans, could it pay the alleged debt that the alleged Debtor owes the creditor or debt collector? 
According to your creditor and debt collector policy, did the alleged Debtor provide the creditor or debt collector with an asset, and the creditor or debt collector returned the value of that asset back to the same alleged Debtor, calling it a loan and charging as if there was a loan? 
According to the written agreement, was the alleged Debtor to loan anything to the creditor or debt collector? 
According to the written agreement, was the alleged Debtor to give the alleged account anything of value of which the creditor or debt collectors liabilities increased by the amount of what the creditor or debt collector received? 
According to the written agreement, was there to be an exchange of equal value for equal value between the creditor or debt collector & the alleged Debtor when the loan was created? 
According to the written agreement was there to be any exchange from the alleged Debtor? 
If the creditor or debt collector is complying with the Federal Reserve Banks Policies and procedures when issuing credit and charging interest is the alleged Debtors transaction account credited for the amount borrowed and is that the matching liability for the amount that is debited to the creditor or debt collectors asset account? ( Federal Reserve XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ) If A deposit created through lending is a debt that has to be paid on demand of the depositor, just the same as the debt arising from a customers deposit of checks or currency in the bank ( Federal Reserve XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, does that mean that the creditor or debt collector owes the alleged Debtor for the deposits made in connection with the loan? 
When granting loans, if the creditor or debt collectors liabilities did not increase, would the bank be in violation of the Federal Reserve Banks policies and procedures? XXXX Federal Reserve Bank XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX If the creditor or debt collector does not repay a deposit created through lending, would it be in violation of the Federal Reserve Banks policies and procedures? ( Federal Reserve XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ) When a loan is not repaid, is the XXXX who funded the loan damaged? 
When the creditor or debt collector does not repay, upon demand the deposit made by the alleged Debtor, does it show that policy and intent of the creditor or debt collector is to deny equal protection of the alleged agreement and law and credit to the alleged Debtor? 
When the creditor or debt collector does not reveal the substance of the transaction in the loan agreement to the alleged Debtor, does it show that the policy and intent of the creditor or debt collector is to deny full disclosure of the terms of the loan agreement to the alleged Debtor? 
Do the Generally Accepted Accounting Principles ( GAAP ), the Generally Accepted Auditing Standards ( GAAS ), the Audit Reports, the Auditors Working Papers, the Call Reports, and the creditor or debt collectors financial statements ( that are related to and associated with the loan transaction ) reveal the substance of the loan agreement? 
If the substance of the loan agreement does not match the written form of the alleged agreement, does it significantly change the cost and the risk of the alleged written agreement? 
Is full disclosure of material facts essential to a valid contract in order to have mutual agreement? 
Is it material or important to know which party funded the loan in order to know who is damaged if the loan is not repaid? 
In your opinion, do you believe the alleged Debtor intended to provide the consideration to fund the alleged loan?

If the creditor od debt collector did not risk any of its assets at any time regarding the written agreement was this material fact ever disclosed to the alleged Debtor? 
Since, according to XXXX XXXX XXXX XXXX XXXX if An unconscionable bargain or contract is one which no man in his senses, not under delusion, would make, on the one hand and which no fair and honest man would accept on the other { It is } usually held to be void as against public policy., would a loan agreement that takes the alleged Debtors assets to fund a loan back to the alleged Debtor, and then requires that the alleged Debtor pays back that loan with interest and then does not require the repayment of the alleged Debtors funds back to the alleged Debtor by the creditor, be an agreement that is unconscionable? 
According to the alleged agreement, if the alleged Debtor was to provide the funds for the loan of the account, would the alleged agreement be unconscionable as defined in the XXXX XXXX XXXX 
If a signature is the act of putting ones name at the end of an instrument to attest validity ( XXXX XXXX XXXX. XXXX XXXX ), then could that signature be valid if the instrument itself is an unconscionable bargain, contract, or agreement? 
Did the creditor or debt collector actually gain title to any debt instrument ( credit card slip ) that the alleged Debtor allegedly signed and gave to the merchant for the merchandise received? 
Do you have personal knowledge that the creditor or debt collector provided full disclosure of all the terms of the alleged agreement to the alleged Debtor? 
Do you have personal knowledge that the creditor or debt collector disclosed to the alleged Debtor the Federal Reserve Policies and Procedures and the Generally Accepted Accounting Principles requirements imposed upon all Federally Insured ( FDIC ) banks Title 12 of the United States Code, section 1831n ( a ), that prohibits them from ending their own money from their ow assets, or from other depositors? 
Do you have personal knowledge the creditor or debt collector disclosed to the alleged Debtor where the money was coming from the alleged loan? 
Do you have personal knowledge the creditor or debt collector disclosed that the agreement that the alleged Debtor allegedly signed ( the promissory note ) was going to be converted into a negotiable instrument by the creditor or debt collector and become an asset on the creditor or debt collectors accounting books? 
Do you have personal knowledge the creditor or debt collector disclosed the information cited in the previous question to the alleged Debtor and that the signature on that note made it money, according to the Uniform Commercial Code ( UCC ), sections 1-201 ( 24 ) and 3-104? 
Do you have personal knowledge the creditor or debt collector disclosed that the alleged Debtors agreement or consideration given to obtain the note? 
Do you have personal knowledge the creditor or debt collector gave the alleged Debtor a deposit slip as a receipt for the money alleged Debtor gave them, just as a bank would normally provide when making a deposit to a bank?

Since, pursuant to UCC3-308, the burden of proof is on they party claiming under the signature, do you have personal knowledge of the validity of the signature if it is denied in the pleadings based upon answers to above questions?

Since, pursuant to UCC 3-602 ( b ) ( 2 ), the obligation of a party to pay an instrument is NOT discharged if the person making the payment knows that the instrument is stolen, do you have personal knowledge that the instrument is or is NOT stolen? 
Does creditor or debt collector charge interest for the use of the postponement of the payment of money that the creditor or debt collector loaned? 
What are the terms of the transfer of rights of this alleged account, and, if applicable, the transfer of rights was executed by which following method? ( a ) Assignment ; ( b ) Negotiation ; ( c ) Novation ; ( d ) Other-explain. 
If the transfer of rights of this alleged account was by assignment was there consideration, and if so, what was the nature and cause of the consideration? 
If the transfer of rights of this alleged account was by negotiation, was the alleged account taken for value and what was the nature ad cause of any value? 
If the transfer of rights of this alleged account was by novation, was consent given by the alleged Debtor and what was the nature and cause of any consent? 
Has Debt Collector provided alleged Debtor with the requisite verification of the alleged debt as required by the Fair Debt Collection Practices Act ( FDCPA ) and as timely requested by alleged Debtor and, if so, what date was said deposition as required by the FDCPA? 
Does Debt Collector have knowledge of any claim ( s ) or defense ( s ) of this alleged account and, if so, what is nature and cause of any claim ( s ) or defense ( s )?

Was alleged Debtor sold any products or services by Debt Collector and, if so, what was the nature and cause of any products or services? 
What is money according to your company policy and what does money looks like? 
What is credit according to you company policy? 
What is the physical description of credit? 
Is credit the exact same thing as Federal Reserve Notes? 
What does credit physically look like? 
Is credit something that a bank or credit company accounts payable or debt or liability that the bank or credit company does not pay and simply trades from one account to another?

NOTICE TO RESPOND Debt Collectors failure, both intentional and otherwise, in completing and answering every question ad request herein and returning this Debt Collector Disclosure Statement, as well as providing Demandant with the requisite verification validating the hereinabove-referenced alleged debt, within ten ( 10 ) days constitutes Debt Collectors tacit agreement the Debt Collector has no verifiable, lawful, bona fide claim re the hereinabove-referenced alleged account, and that Debt Collector tacitly agrees that Debt Collector waives all claims against Demandant and indemnifies and hold Demandant harmless against any and all costs and fees heretofore and hereafter incurred and related regarding any and all collection beginning and that Debt Collector will pay XXXX XXXX  to Demandant as damages for time spent responding to the attempt and per Security Agreement XXXX. 
Debt Collector must timely complete and return this Debt Collector Disclosure Statement, along with all required documents referenced in said Debt Collector Disclosure Statement. Debt Collectors claim will not be considered if any portion of this Debt Collector Statement is not completed and timely returned with all required documents, which specifically includes the requisite verification, made in accordance with law and codified in the Fair Debt Collection Practices Act at 15 USC 1692 et seq., and which states in relevant part : A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt which includes ( 1 ) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.

( 2 ) The false representation of -- ( A ) the character, amount, or legal status of any debt; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. 
( 3 ) The false representation or implication that any individual is an attorney or that any communication is from an attorney.

( 4 ) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.

( 5 ) The threat to take any action that can not legally be taken or that is not intended to be taken.

( 6 ) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to -- ( A ) lose any claim or defense to payment of the debt; or ( B ) become subject to any practice prohibited by this subchapter.

( 7 ) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.

( 8 ) Communicating or threatening to communicate to any person credit information which is known, or which should be known to be false, including the failure to communicate that a disputed debt is disputed.

( 9 ) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.

( 10 ) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. 
( 11 ) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.

( 12 ) The false representation or implication that accounts have been turned over to innocent purchasers for value.

( 13 ) The false representation or implication that documents are legal process.

( 14 ) The use of any business, company, or organization name other than the true name of the debt collector 's business, company, or organization.

( 15 ) The false representation or implication that documents are not legal process forms or do not require action by the consumer. 
( 16 ) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a ( f ) of this yitle By : XXXX XXXX XXXX XXXX