Consumer complaint received 2024-08-08
Product: Debt collection — Rental debt
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: Consumer Collection Management. Inc (GA)

I am writing in response to your recent communication regarding the alleged debt under your collection. According to the principles of equity, I am asserting my rights and interests concerning the account in question. 
Maxim of Equity : " No trust shall fail for want of a trustee. '' Your acknowledgment of the alleged debt through a validation letter implies that you have assumed the role of a trustee. Therefore, you are now obligated to act in the best interest of the beneficiary, which in this case, is myself. 
As a trustee, you have a fiduciary duty to manage the trust property ( the alleged debt ) with the utmost care, loyalty, and diligence. Your failure to do so constitutes a breach of fiduciary duties. Equity regards the beneficiary as the true owner, meaning that I, holding the equitable title, have the rightful ownership of the account. 
I hereby request the immediate removal of the account from your records. Furthermore, as trustees, you are required to provide clear instructions for settling the account in accordance with your fiduciary duties to ensure my rights and interests are duly protected. 
In addition, it has come to my attention that my personal information was shared without my authorization. I have not signed an SSA-89 form authorizing the release of my information to any third party, including Consumer Collection Management XXXX This constitutes identity theft, as my information has been unlawfully used and disseminated. 
I previously reached out to Consumer Collection Management requesting comprehensive documentation of your legal or equitable right to a claim on my credit report. I see that Consumer Collection Management has reported a collection account with a balance of {$4400.00} on behalf of another company. I am aware that the Fair Debt Collection Practices Act defines a debt collector as only private people and not an agent on behalf of anyone. Due to this misrepresentation, Consumer Collection Management must remove all reporting of the account on my credit profile.

Please be aware that failure to uphold your fiduciary duties and address the identity theft concerns may result in several violations, including but not limited to : 1. Breach of Fiduciary Duty : Failure to act in the best interest of the beneficiary and manage the trust property with due care. 
2. Negligence : Lack of diligence and proper care in managing the trust property.

3. Misrepresentation : Providing false or misleading information regarding the status of the alleged debt.

4. Conversion : Unauthorized assumption and exercise of ownership rights over my property.

5. Identity Theft : Unauthorized use and dissemination of my personal information without proper consent. 
I expect a prompt response to this matter, ensuring the immediate removal of the account and providing detailed instructions for its settlement. Your adherence to the maxims of equity, fiduciary responsibilities, and legal obligations concerning my personal information is imperative. 
Please respond within 14 days of the date of this letter. Failure to do so will result in further actions to protect my rights and interests in a court of equity. 
Thank you for your immediate attention to this matter. 
Sincerely, XXXX XXXX