Consumer complaint received 2021-12-15
Product: Debt collection — Other debt
Issue: False statements or representation — Attempted to collect wrong amount
Company: Deutsche Bank (TX)

On XX/XX/2021 I sent XXXX a Notice of Billing Error for my account pursuant to 12 CFR 1026.13. I have attached this letter to this complaint. In the letter I describe in detail the billing errors found for my account as well as several federal laws XXXX has violated. In the Notice of Billing Error dated XX/XX/2021, I demanded documentary evidence from XXXX on the public and private side, showing accounts receivable and payable, to which I have a right to receive pursuant to 12 CFR 1026.13 ( 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 hypothecas in connection with the name on the account. The documentary evidence that XXXX 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 583. XXXX 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. According to 12 CFR 1026.13 ( d ), XXXX 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. 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 XXXX 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. On XX/XX/2021, I sent a Notice of Default and Opportunity to Cure and gave XXXX the opportunity to send confirmation that my account/open end credit plan had been adjusted in accordance with the tender/money order for special deposit in full settlement of the alleged obligation ( 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 ) sent on XX/XX/2021 or send a Notice of Dishonor to allow me to cure any defects. XXXX dishonored my tender/money order for special deposit and my open end credit plan, in addition to dishonoring the contents of my Notice of Default and Opportunity to Cure and continued their attempts to collect the disputed alleged obligation while revoking/suspending access to my services under my open end consumer credit plan. This constitutes a billing error. In addition, this is an individual act against 15 U.S. Code 1691 ( a ) ( 3 ) and constitutes discrimination in which XXXX is civilly liable pursuant to obtain satisfactory resolution. Civil liability under this code is up to and more than {$10000.00} pursuant to 15 U.S.Code 1691e ( a ) ( b ). In correspondence from XXXX dated XX/XX/2021, an Agent acknowledged XXXX was in receipt of my tender/money order for special deposit but had no mention of XXXX adjusting the account in accordance with the tender/money order for special deposit nor did XXXX send evidence of dishonor of my tender/money order for special deposit. Furthermore, Agent continued to threaten and coerce me into making a fraudulent payment to the account, claiming my failure to do so would be treated as a late payment or non-payment. This is an individual act against 15 U.S.Code 1692d ( 1 ) and 15 U.S. Code 1666a ( a ). This adverse action was a failure to comply with the correction of billing error. This individual act by XXXX forfeits their right to collect any disputed amount indicated by the obligor and any finance charges thereon, except that the amount required to be forfeited under this subsection may not exceed {$50.00} pursuant to 15 U.S. Code 1666 ( e ). In addition, XXXX is civilly liable for actual damage sustained pursuant to 15 U.S. Code 1692k. Pursuant to UCC 3-603 ( b ), if XXXX refuses my tender/money order for special deposit, XXXX must discharge tendered amount. In correspondence from XXXX dated XX/XX/2021, a second Agent acknowledged that XXXX was in receipt of the Affidavit of Truth sent to XXXX on XX/XX/2021 to which they have yet to rebut, as well as the CEASE AND DESIST demand sent to XXXX on XX/XX/2021 pursuant to my rights under 15 U.S. Code 1692c ( c ). In the correspondence from XXXX dated XXXX XXXX, the Agent continued to threaten and coerce me into making a fraudulent payment to the account, claiming my failure to do so would be treated as a late payment or non-payment. This is an individual act against 15 U.S.Code 1692d ( 1 ) and 15 U.S. Code 1666a ( a ). This adverse action was a failure to comply with the correction of billing error. This individual act by XXXX forfeits their right to collect any disputed amount indicated by the obligor and any finance charges thereon, except that the amount required to be forfeited under this subsection may not exceed {$50.00} pursuant to 15 U.S. Code 1666 ( e ). In addition, XXXX is civilly liable for actual damage sustained pursuant to 15 U.S. Code 1692k. In the correspondence from XXXX dated XXXX XXXX, the Agent quotes XXXX  Terms and Conditions of Service, section 19, stating that they may still contact me regardless of my Cease and Desist demand, as if XXXX terms and conditions of service supersede federal laws and regulations that they are to follow and comply. This is an individual act against 15 U.S. Code 1692c ( c ) and XXXX is civilly liable pursuant to 15 U.S. Code 1692k. My rights under Title 15 of the United States Code supersede any and all terms and conditions of service of XXXX. Fact, I have made a good faith attempt to obtain satisfactory resolution of a disagreement or problem relative to the transaction from the person honoring the account and credit card and I will assert all claims and defenses pursuant to 15 U.S. Code 1666i ( a ). These Billing errors may be assumed to be willfully intent on misleading and or deceiving the consumer of the character/amount of any debt pursuant to 15 U.S. Code 1692e. All debt obligations and securities are owed to the United States pursuant to 18 U.S. Code 8.