Consumer complaint received 2024-10-09
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: CAC Financial Corp (GA)

On XX/XX/year>, I sent in a notice of equitable interest and for the company to send me documentation. No response as of today. 

The letter stated : Greetings, I hope this correspondence finds you well. I am writing to address the matter of the collection accounts currently reporting to the credit reporting agencies under your management. Next step will be filling a bill in equity in federal court, IRS 3949a and 211 to report identity fraud due to the information that you are using in the public selling private information to make a profit that is private property of the XXXX XXXX XXXX XXXX XXXX. I, [ XXXX XXXX XXXX XXXX am the beneficiary of the [ XXXX XXXX XXXX XXXX XXXX ], and I assert my equitable interest in the account in question ensuring my rights and interests are duly protected. Maxims of Equity states : Equity regards the beneficiary as the true owner.

While I acknowledge and appoint [ CAC FINANCIAL ] as the trustee of this account, it is imperative that we ensure proper documentation and legal standing in this matter. I am writing to request documentation regarding your fiduciary capacity to use the data connected to XXXX XXXX XXXX XXXX debtor/Franchise/Cestui que on which I am the beneficiary of. I have the right of subrogation as the holder in due course. All property of the Precedent vested Estate has been conveyed into the Jurisdiction of the XXXX XXXX XXXX XXXX XXXX. 
As per my right to accounting and to clarify this relationship please provide me with the following comprehensive documentation 1. The Notice of Assignment 2. The Deed of Assignment 3. The original executed agreement 4. A full statement of account as per GAAP guidelines 5. Confirmation upon your chose 6. The default notice 7. Certificated security instrument issued by the United States to show proof of possession over the principal debtor for subrogation rights Please send the requested documentation to the address listed above. I would like to express my willingness to cooperate and work towards a resolution. If there are any discrepancies or concerns, I believe that clear and transparent communication will help us reach a fair resolution.

Removal or Settlement : If [ CAC FINANCIAL ] can not provide the requested documentation, I request the immediate removal of the account. Alternatively, if the debt is legitimate, please provide instructions for settling the account in accordance with your fiduciary duties.

If you can not prove or rebut anything stated within this legal document, you fully agree with all demands being made. If no removal or settlement, I will make the following claims against you according to the Fee Schedule of the Trust : 1. Fraud and False Statements 2. Conspiracy 3. Failure to Respond to this notice 4. Failure to Respond as Outlined in this Notice of Claim 5. Failure to uphold duties as trustee due to unjust enrichment of the beneficiary of the Trust 6. Identity Fraud I appreciate your role in protecting and managing the property associated with the trust. I kindly ask for your cooperation in resolving this matter promptly and transparently. We are requiring you to rectify all damages made to the credit profile of ( XXXX XXXX XXXX XXXX, more specifically, immediately remove the account and settle the alleged obligation within 14 days. 
Best regards, [ XXXX XXXX XXXX XXXX XXXX