Consumer complaint received 2024-09-12
Product: Payday loan, title loan, personal loan, or advance loan — Personal line of credit
Issue: Problem with additional add-on products or services — 
Company: Nelson Cruz & Associates LLC (TX)

XXXX XX/XX/XXXX Name-XXXX  XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX Phone Number XXXX Last XXXX of my social XXXX Email XXXX In Reference to- : Consumer Financial Protection Bureau Debt owed to XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX Account Number XXXX Phone Number- ( XXXX XXXX XXXX To Whom It May Concern : Be advised this is not a refusal to pay, but a notice that your claim is disputed, and validation is requested. Under the Fair Debt collection Practices Act ( FDCPA ), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation that is binding on me to pay this debt. I would need the physical agreement/contract from the original creditor with a wet signature to bind the contract that I owe you. Being that this is a sold debt it is a breach of contract and breach of privacy policy that is in the contract selling my personal information to a debt collector. It is illegal for a debt collector to purchase and collect on a debt that is not originally theirs and a breach of all contracts and privacy acts. 
This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to 15 USC 1692g Sec. 809 ( b ) of the FDCPA. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. 
At this time, I will also inform you that if your offices have or continue to report invalidated information to any of the three major credit bureaus ( XXXX, XXXX, XXXX ), this action might constitute fraud under both federal and state laws. Due to this fact, if any negative mark is found or continues to report on any of my credit reports by your company or the company you represent, I will not hesitate in bringing legal action against you for the following : Violation of the Fair Debt Collection Practices Act and Defamation of Character. 
I am sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies. 
If your offices are able to provide the proper documentation as requested in the following declaration, I will require 30 days to investigate this information and during such time all collection activity must cease and desist. Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with legal counsel for suit. This includes any listing of any information to a credit-reporting repository that could be inaccurate or invalidated. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. 

It would be advisable that you and your client assure that your records are in order before I am forced to take legal action. 
CREDITOR/DEBT COLLECTOR DECLARATION Please provide the following : Agreement with your client that grants you the authority to collect on this alleged debt. 
Agreement that bears the signature of the alleged debtor wherein XXXX agreed to pay the creditor. 
Any insurance claims have been made by any creditor regarding this account. 
Any Judgments obtained by any creditor regarding this account. 
Name and address of alleged creditor. 
Name on file of alleged debtor. 
Alleged account number. 
Address on file for alleged debtor. 
Amount of alleged debt. 
This alleged debt became payable. 
Date of original charge off or delinquency. 
Verification that this debt was assigned or sold to the collector.

Complete accounting of alleged debt. 
Commission for debt collector if collection efforts are successful. 
Please provide the name and address of the bonding agent for <COLLECTION AGENCIES> in case legal action becomes necessary. Your claim can not and WILL NOT be considered if any portion of the above is not completed and returned with copies of all requested documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please allow 30 days for processing after I receive this information back. 

This email was sent from XXXX XXXX on XXXX XX/XX/XXXX Website : XXXX XXXX XXXX XXXX XXXX XXXX  Please see attached documents. 


Thank you, ( DOCUMENTS WILL BE PROVIDED AND UPLOADED ) XXXX XXXX Website : XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX | XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  Ext XXXX | Fax ( XXXX ) XXXX NOTICE : This communication is from a debt collector. This may be an attempt to collect a debt. Any information obtained will be used for that purpose. This message, and any attachment ( s ), contain CONFIDENTIAL information. This communication is intended to be for the sole use of the individual ( s ) or entity ( ies ) named on the e-mail transmission message. If you are not the intended recipient, you are hereby advised that any review, disclosure, copying, distribution, or use of the information, contents, and/or attachments of this e-mail message is prohibited. If you have received this transmission in error, please immediately delete this message and notify us of this error by telephone at ( XXXX ) XXXX. Thank you. 


Below I will notate and list all the discrepancies and inaccurate information that has been disclosed. There is information that is allegedly being withheld and not valid without proper legal signatures as well as dates, addresses and pages missing, initials, and incorrect amounts. This account originated at XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX. Account was sold to XXXX XXXX XXXX acct # XXXX Date opened XX/XX/XXXX last payment on the account was made on XX/XX/XXXX. Account then was sold to XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX ) XXXX. Then sold to XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXXXXXX XXXX XXXX, ( XXXX ) XXXX Acct # XXXX. This company is stating on my credit report that I have an open date with them XXXX, XX/XX/XXXX I do not have an open account with this company and never have. I have no binding contract with this company or third party. 

10 Pages missing there should be 20 pages in all. Missing pages Life Insurance package multiple pages, disability insurance package multiple pages, second beneficiary address, dob of customer. 
Credit opt-in disclosure is missing the consumers initials to make the customer aware of the charges for involuntary insurances. 
Personal property amount is incorrect on personal property insurance. Loan was over insured by Texas state regulations ; you can only have as much collateral as the loan amount including finance charges and payback. Max allowed is only {$4500.00} but was charged {$5400.00}. The percentage/interest rate that the company has listed on this contract is inaccurate. Amounts on the contract do not match up or add up correctly. The amount calculated versus the amount being charged is incorrect. 
Insurances were added without consumers consent which raised the amount financed. 
Dates are invalid original opening alleged date was XXXX, XX/XX/XXXX signature on online application does not match my signature. 
While viewing the documents I seen that the company pulled my credit report on XXXX, XX/XX/XXXX this was without my authorization and without my consent at no time did I give the company consent to pull my credit on XXXX, XX/XX/XXXX, In fact this lowered my credit damaging my score making it harder for me to get the help if needed or to be able to go to my financial institution to lend from the bank if needed. Nor try to purchase a car or home this held me back from being able to pursue future purchases due to being held back from my credit score being lowered. For my credit to be pulled without my consent what would be the purpose of the company pulling my credit without my permission this should be illegal and against the law to do so. 
Exhibit A Personal Property there is no signature/missing signature.

Audit trail clearly shows that they were not signed by me or viewed. 
Viewed not XXXX Viewed only by employee Best Regards [ XXXX XXXX XXXX XXXX Federal Trade Commission XXXX XXXX