Consumer complaint received 2024-08-06
Product: Checking or savings account — Other banking product or service
Issue: Managing an account — Problem making or receiving payments
Company: TRUIST FINANCIAL CORPORATION (NC)

XXXX XXXX XXXX, XXXX XXXX : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX # XXXX XXXX, North Carolina [ XXXX ] Truist Financial Corporation XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX North Carolina XXXX XXXX NOTICE OF BILLING ERROR *NOTICE TO AGENT IS NOTICE TO PRINCIPAL | NOTICE TO PRINCIPAL IS NOTICE TO AGENT* XXXX The undersigned XXXX, XXXX : XXXX, XXXX hereinafter XXXX XXXX XXXX XXXX XXXX, declare and state XXXX follows : Pursuant to 12 CFR 1026.13 - Billing Error Resolution I, XXXX : XXXX, XXXX, for XXXXXXXX XXXX XXXX XXXX XXXX hereby and herewith dispute account number XXXX in the amount in account claim due in which you can audit in order to rectify these matters in resolution. 

Please furnish documentary evidence in accord with 15 U.S. Code 44 of record of accounts in which Truist Bank awarded XXXX XXXX XXXX XXXX., with any payment pertaining to this alleged debt. 

Pursuant to 15 U.S. Code 1666b ( a ) Notice, it is a fact that affiant is aware 15 U.S. Code 1637 ( b ) ( 2 ) ( a ) refers to a request to resolve a billing error by providing all documentary evidence for clarification of who funded this account and whose obligation it is to pay this alleged debt on this account. 

XXXX. Until then Truist Bank can not report late payments in accordance with the regulations of the Bureau 12 CFR 1026.13 ( d ) ( 3 ).

Pursuant to 15 U.S. Code 1666 ( e ) If the creditor does not provide all documentary evidence as defined under 15 U.S. Code 44 this will result in a billing error and the creditor forfeits all rights to collection on the amount that has been identified in dispute.

Notice, it is fact affiant is aware that without resolving this billing error the creditor has legally agreed to forfeit all rights to collect on the amount in dispute pursuant to 15 U.S. Code 1666 ( e ).

Pursuant to 12 U.S. Code 5562 ( c ) ( 10 ) - Production of Document Material Notice, it is fact affiant is aware the consumer has the right to request the money audit trail. I am requesting this documentary material in accordance with 12 U.S. Code 5562 ( c ) ( 10 ) to address this subject matter. Without this documentary evidence, there is no evidence of this alleged debt.

Pursuant to 12 U.S. Code 1831n ( 2 ) ( a ) - XXXX XXXXXXXX XXXX, Accounting and Insurance Notice, it is fact affiant is aware the consumer has the right to request the XXXX XXXX XXXX in accordance with 12 U.S. Code 1831n ( 2 ) ( a ) and without this documentary evidence to properly address this subject matter, there is no evidence of this alleged debt.

Pursuant to 16 CFR 433.3 ( b ) ( 4 ) a contract which in a contract which includes a waiver, condition or limitation for a debtor to assert rights for claims or defense against a seller is void.

Notice it is fact in accordance with 15 C.F.R. 433.3 ( b ) ( 4 ) I the affiant has reason to believe and do so believe a contract can not and does not constitute as documentary evidence or contain a negotiable instrument or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer such as I, XXXX : XXXX XXXX XXXX XXXX XXXX any right to assert against any holder of a contract with any and all legally sufficient claims and defense which could be asserted against the seller of goods and services and in all subject matter pursuant 16 C.F.R. 433.3 ( b ) ( 4 ) said contract is unenforceable null and void.

Notice in fact a contract has not given the consumer the full disclosure of said contract with any written, oral, known or unknown subject matter shall not constitute as documentary evidence.

The affiant has reason to believe and does so believe Truist Bank has failed to meet all requirements established in 16 C.F.R. 433.2 ( a ). 

Furthermore, Truist Bank used my open ended credit plan in accordance to XXXX6C.F.R. 433.2 ( a ) to furnish which furthermore proves they did not extend credit to XXXX XXXX XXXX, XXXX. in regard to this alleged debt. 

Pursuant 15 U.S. Code 1692e ( 2 ) false character, amount, or legal status of any debt.

Notice it is fact that I the affiant am aware that the false character of the amount of this alleged debt is in violation of 15 U.S. Code 1692e ( 2 ) ( a ). XXXX has proof of this violation as Truist Bank alleges XXXX XXXX XXXX, XXXX. owe an alleged debt, yet the account shows the billing in a positive amount. How can I pay into an account which is already positive? This is in violation of TILA.

Pursuant to 18 U.S. Code 8 - Obligation or Other Security of the United States Notice in fact that affiant is aware that all obligations of debt are the responsibility of the United States.

Please make any and all miscellaneous adjustments to this account bringing it to a XXXX balance and return my tender and all funds paid into this alleged debt, including unearned income, payments of interest, profits, downpayment, floating rate notes, etc. past, present, and future redeemed in lawful money. You have 10 days of receiving this notice to comply. If you can not provide all documentary evidence requested then you have agreed to the terms of this notice. 

California Rule California, in the minority of states, applies the mailbox rule to option contracts as well. InPalo Alto v. BBTC Co., 11 Cal.3d 494 ( 1974 ), the Court held, In California the effective upon posting rule has received legislative sanction and is the declared policy of this state. As previously explained, when the notice of exercise of the option is viewed as an acceptance of an irrevocable offer, such notice is clearly covered by section 1583.

Notice to Agent Notice Knowledge U.C.C 1-202 Respectfully All Rights Reserved Without Prejudice - U.C.C. 1-308 Name : ____________________________________ XXXX XXXX XXXX, XXXX. 
XXXX : XXXX XXXX Representative Certificate of Acknowledgement The State of North Carolina County of Mecklenburg G.S . 10B-41 NOTARIAL CERTIFICATE FOR ACKNOWLEDGMENT XXXX XXXX XXXX North Carolina I certify that the following person ( s ) personally appeared before me acknowledging to me that he signed the foregoing Affidavit Notice of Billing Error ____________________ Name ( s ) of principal ( s ) Date : ( Official Seal ) ____________________________ Official Signature of Notary, __________________Notary Public Notarys printed or typed name My commission expires : __________ This certificate is attached to a __________________________, signed by _______________________ Title/Type of Document Name of Principal Signer ( s ) on ___________________, and includes __________ pages. 


In the United States Court of Federal Claims CERTIFICATE OF SERVICE I hereby certify that on XX/XX/XXXX, a copy of Affidavit NOTICE OF BILLING ERROR was mailed via USPS Registered Mail to _________________ at __________________. 


________________________________ ________________________________ XXXX XXXX XXXX XXXX XXXX # XXXX XXXX, North Carolina [ XXXX ] ( XXXX ) XXXX