Consumer complaint received 2024-10-25
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt is not yours
Company: Pollack & Rosen, P.A. (FL)

XXXX XXXX XXXX XXXX XXXX Pollack & Rosen , P.A . 
XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX, FL XXXX RE : XXXX de XXXX : XXXX XXXX CFPB XXXX : XXXX Estimados Seores, Subject : fourth Formal Complaint XXXX XXXX XXXX XXXX XXXX XXXX and Pollack & Rosen , P.A . for Failure to Validate Debt Dear Sir/Madam, I am writing in response to your reply to my request for debt validation, received as part of the complaint filed with the Consumer Financial Protection Bureau ( CFPB ) under reference number XXXX. In your response, you provided the following : You submitted documents such as the original credit card agreement with XXXXny Bank, a notice of assignment, and the statement for the period from XX/XX/XXXX, to XX/XX/XXXX. However, you mentioned that the documentation supporting the sale agreement of the debt between XXXXXXXX XXXX and XXXX XXXX XXXX XXXX XXXX is confidential, and therefore, you can not provide it. 

Given that the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692g, requires full validation that allows for verification of the legitimacy of the debt and the chain of assignment, I formally request the following : Assignment and Sale Agreement of the Debt : I require a copy of the assignment agreement between XXXXXXXX XXXX and XXXX XXXX XXXX XXXX XXXX that confirms XXXX XXXX XXXX XXXX XXXX has the legal rights to this account and is the current owner of it. Without this proof, the collection attempt does not meet the standards of the FDCPA nor the Fair Credit Reporting Act ( FCRA ). 

Additional Proofs Validating the Debt Amount : Please include a detailed breakdown of all charges, payments, and adjustments made from the supposed transfer to date.

Additional requested information *Due date and delinquency : Indicate when the creditor claims this debt became due and when it became delinquent. Also, identify the date of the last payment made on this account.

*Statute of limitations : Have you determined that this debt is within the applicable statute of limitations? Please state when you believe the statute of limitations will expire and how you made this determination Furthermore, I request that you provide evidence that the original creditor did not claim this account as a tax loss by issuing a Form 1099-C. If this account indeed belongs to me, which I doubt, I demand proof that a 1099-C for debt cancellation was not issued to me. Under the IRS Code ( 26 U.S.C. 6050P ), creditors are required to issue a 1099-C when a debt of {$600.00} or more is canceled or forgiven. Failure to provide this documentation would raise questions regarding the legitimacy of the debt and could constitute a violation of federal tax laws as well as the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692e, which prohibits misleading representations in the collection of a debt.

Compliance with the Fair Credit Reporting Act ( FCRA ) : Under the FCRA, 15 U.S.C. 1681s-2, any creditor reporting information to credit agencies must ensure its accuracy. If XXXX XXXX XXXX XXXX XXXX is no longer reporting the debt, any further reporting would be inaccurate and a violation of the FCRA. If the account is being reported by XXXXXXXX XXXX, this implies a violation of the FDCPA for failing to transmit the dispute of the debt to the original creditor. 
Legal Reference : Pursuant to the jurisprudence established in XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX. App. XXXX ), a simple statement of debt transfer is not enough to validate the ownership of the debt. The FDCPA stipulates that validation must include documentary proof supporting the transfer and ownership of the debt. Moreover, any collection attempt not backed by valid documentation constitutes a violation of the Florida Consumer Collection Practices Act ( FCCPA ), Chapter 559 of the Florida Statutes. 

Request for Temporary Cessation of Collection Attempts : Until I receive the complete validation, I demand that you refrain from any further collection attempts and update your records to reflect that the debt is in dispute under FDCPA, 15 U.S.C. 1692e ( 8 ).

Next Steps : In summary, I am requesting the following steps : Provide evidence that the debt was not reported as a tax loss by issuing a 1099-C form from the original creditor.

Prove that no 1099-C form was issued to me for debt cancellation if the account does indeed belong to me.

Ensure compliance with IRS regulations and the FDCPA regarding the validation and accuracy of the information related to the debt. 

Provide the full validation of the debt, including the assignment agreement, debt amount details. 
Confirm that the debt has not exceeded the applicable statute of limitations in Florida. 
Cease Communications : Until valid documentation is received, any further contact will be considered harassment under the FDCPA.

If I do not receive the requested information within 30 days of the receipt of this letter, I will be forced to file a formal complaint with the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), and the Florida Attorney Generals Office.