Consumer complaint received 2024-10-16
Product: Debt collection — I do not know
Issue: Took or threatened to take negative or legal action — Threatened or suggested your credit would be damaged
Company: Credit Control, LLC (NY)

XX/XX/XXXX XXXX  XXXX XXXX Credit Control , LLC XXXX XXXX XXXX XXXX XXXX XXXX XXXX Re : Response to Account Dispute and Entitlement [ Account Number : XXXX ] Dear CREDIT CONTRol LLC, I am writing in response to the account referenced above and the related actions taken by your institution in regards to negative reporting and collection efforts. This letter serves to formally dispute the handling of the account under multiple statutes, including but not limited to the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681n, the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692, and other applicable laws and regulations. 

Holder in Due Course : XXXX XXXX, as the Holder in Due Course, has entitlement rights to this account. The account, a private trust under UCC 1 filings, was never subject to a valid security agreement. There has been no proper discourse or notification regarding any security interest or lien at the time of origination, which invalidates any claim to the debt by subsequent assignees or collectors, including Credit Control , LLC. Any attempt to collect or pursue this account in violation of UCC regulations and the Truth in Lending Act, 15 U.S.C. 1681 ( b ), is unlawful.

Bill of Exchange and Fiduciary Duty : Under the Bill of Exchange Act, and as outlined in XXXX XXXX and Public Law, this account should have been settled by the issuance of a negotiable instrument such as a bill of exchange, which discharges the debt. The failure to honor the discharge or tender of payment constitutes a violation under UCC 3-603. Furthermore, it is a breach of fiduciary duty to pursue collection without proper documentation and full disclosure of the terms agreed upon, which XXXX XXXX was never provided. 

Illegal Charge-Off and Misreporting : It is illegal to purchase a charged-off debt without disclosing the security agreement, as required by law. The handling of this account, particularly with regard to the negative reporting to credit bureaus, is a violation of FCRA 15 U.S.C. 1681s-2. The reported information is incomplete and inaccurate, and the continued reporting constitutes unauthorized activity under 15 U.S.C. 1681n. XXXX XXXX does not consent to the permissible reporting of this account, as no valid consent or agreement exists. 

Truth in Lending Act and Banking Violations : Your institutions actions have failed to comply with the Truth in Lending Act and relevant banking laws, particularly in the areas of proper disclosure, consent, and handling of financial instruments. The dishonor of the discharge of debt via a bill of exchange and the ongoing negative reporting reflects a breach of statutory duties. 

Demand for Resolution : I demand that the negative reporting on XXXX XXXX XXXX XXXX XXXX ( XXXX ) be removed immediately. Additionally, I require that all further attempts to collect on this account cease, and any records of this account be fully discharged in compliance with the applicable law. If you fail to comply with these demands, I reserve the right to pursue all legal remedies available to me, including complaints to regulatory agencies and potential litigation. 

Please acknowledge receipt of this letter and provide a written response within 30 days of receipt, confirming that the negative reporting will be removed and the account will be discharged.