Consumer complaint received 2024-07-25
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: Ava Finance, Inc (FL)

NOTICE From XXXX XXXX Hereinafter collectively referred to as " Claimant To : AVA FINANCE INC Hereinafter collectively referred to as RESPONDENT, you, your company RE : Alleged account # XXXX XX/XX/2024 NOTICE OF DISPUTE ; DEMAND FOR VALIDATION AND PROOF OF CLAIM To Whom It May Concern This letter is being sent to you in response to a letter received by Claimant from your offices dated XX/XX/2024. Be advised that your claim is disputed and validation and proof of claim of the disputed debt is requested in accordance with the Fair Debt Collection Practices Act, 15 USCG 1692 et seq, and the Fair Credit Billing Act, 15 U.S.C. 1666. This is NOT a request for " verification or proof of Claimant mailing address, but a request for VALIDATION and PROOF OF CLAIM made pursuant to the above named Titles and Sections. 


I respectfully request that your offices provide Claimant with competent evidence as per the attached 'Declaration and Proof of Claim that I have any legal obligation to pay you the unsubstantiated alleged debt. Furthermore you shall cease all verbal communication. No phone calls to the Claimant. At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus, such as, XXXX, XXXX and XXXX prior to validation and proof of claim of the disputed debt, this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of Claimant credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for the following. -Violation of the Fair Credit Reporting Act -Violation of the Fair Debt Collection Practices Act -Defamation of Character -Violation of United States Code TITLE 18 PART 1 CHAPTER 63 sec. 1341 This debt is considered to be invalid until I receive proper validation and your offices provide Claimant with proof of claim of the disputed debt. Your offices have 30 days to produce the required documentation in accordance with FTC guidelines. During this validation period and proof of claim, if any action is taken which could be considered detrimental to any of Claimant credit reports, said action will be considered a " dishonor and cause the self-executing contract portion of this notice to be implemented. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated. If your offices fail to respond to this validation and proof of claim request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from Claimant credit file and a copy of such deletion request shall be sent to Claimant immediately. 


809. Validation of debts [ 15 USC 1692g ] ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. 

This creditor also is in violation of 15 US code 1692J for furnishing certain deceptive forms creating a false belief into consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to allegedly owes such creditor, when in fact such person is not so participating. Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under ( Section 1692 K ) For failure to comply with a provision of this subchapter.