Consumer complaint received 2024-02-15
Product: Debt collection — I do not know
Issue: Took or threatened to take negative or legal action — Seized or attempted to seize your property
Company: LendingPoint Holdings LLC (TX)

I did not receive a demand letter or validation notice, only the lawsuit from XXXX XXXX XXXX for a loan from XXXX XXXXLending Point . The paperwork showed a contract only with my name, address and email only dated XX/XX/XXXX. I was told by the court I did not need an attorney and to use XXXX to respond. I responded to the court XX/XX/XXXX, I do not know either company, the debt is over 4 years TX statute of limitations, I did not receive notice ( demand letter or validation notice ) only the lawsuit paperwork, and asked the court to dismiss the lawsuit. XXXX XXXX XXXX XXXX did not respond until OVER 30 days, XX/XX/XXXXXXXX  with the same paperwork and additional word documents ( unsigned ). The word documents give 3 different purchase dates for the loan all when the loan is in good standing, there is no default date provided, there are 3 balances listed throughout the documents-they choose the highest amount, there are pages of just redacted information, 2 pages of payment information when compared have different number of payments, no returned payments are present, NO bank account information shows, no evidence of where money was deposited, no social security information. I was provided information from Lending Point when I reached out to them that has completely different balance and payment information than what they provided to the court. In the contract there is an arbitration clause that states several times the dispute can only be handled in small claims court but XXXX XXXX XXXX filed in Civil court for the larger amount. Again, rather than throw out the case, the court set a trial date. Then the court emailed all parties to advice the case WOULD NOT proceed until mediation occurred. All communication after this was done by email from the court, XXXX XXXX XXXX and myself. XXXX XXXX XXXX had a " XXXX XXXX, custodian of records '' sign an affidavit in front of a notary on XX/XX/XXXXXXXX  that their contradictory paperwork and balance was correct. Neither the court or XXXX XXXX XXXX ever provided this to me. I only received it from the Receivership on XX/XX/XXXX. During the time ordered for mediation, XXXX XXXX XXXX instead reached out by email asking I settle the debt and set up a payment plan with them. I notified the court they did not follow court orders but nothing was done. A week prior to the trial date I emailed the court to ask for a continuation due to my XXXX/XXXX XXXX and because I found a lawyer that needed time to prepare for court. They did not respond until a day before the trial date and it was too late at that time to ask for a continuation ; I missed the trial due to my XXXX. Rather than dismiss the case for wrong court, statute of limitation, contradictory paperwork or not proving I had the funds, or even continuing the case, the judge found in favor of XXXX XXXX XXXX. I was never allowed per the Constitution to defend myself in this case or against a witness I wasn't aware of until almost two years later and after the decision was reached. I did continue to attempt to find an attorney but I was continuously told I needed different types of attorneys because the direction the case had taken, some were not willing and said there is nothing I can do at this point, or even through my job I was given the wrong list twice. Now, XXXX my daughter had her account frozen and funds taken from her. She had to provide a bank statement showing those were her funds and not affiliated with me. A week later my two accounts were frozen. The receivership said they have rights to take 100 % of everything which will put me in state of poverty, no standard of living. I can not afford to buy medicine, pay my legitimate bills, gas, living expenses, etc. If I can't work, can't manage my XXXX then NOTHING will get paid. They said the court will have to reverse the decision. I have reached out to the court from XXXXXXXX  citing the prejudicial errors with this case, I have cited the laws and guidelines broken by XXXX XXXX XXXX , I have asked for the decision to be reversed. I asked if it was being worked on, if I should expect a response or if there are next steps I should take and they court will not respond to me. XXXX XXXX XXXX who I included on the email thread responded saying they refuse to release the receivership. I told them it's not their decision but the courts and did not realize they had authority over the court. I feel I have been treated with bias and the court has allowed XXXX XXXX group to repeatedly ignore laws and guidelines. I also asked again for : When the funds were received and at lease the last 4 of the account so I could attempt to get a bank statement showing I did not receive them, I asked besides just basic personal Identifying information that can be found on a background website if they had other information to tie me to the debt ( social/bank information ), I asked why they are allowed to breach the arbitration clause that says multiple time small claims court and they filed in civil and to provide proof they were allowed to do so, I asked for the actual default date of the loan as the documentation they provided with their 3 sales dates and no return payments shows the account in good standing, I said all the dates provided are over the 4 year statute of limitations in Texas and to explain why the law doesn't apply to them, I asked why their paperwork to the court doesn't match what was sent to me by the lender? I have not received any of this information. Some banks hold records up to 10 years. Burden of proof is on the plaintiff and I should not have to keep contacting the court, gather documents, reach out to the original lender or attempt to get my records BUT to make them stop I have tried doing these things. To prove I never received the funds I simply need the default date, when this supposed loan was funded and the account this loan was supposedly funded to but XXXX XXXX XXXX refuses to provide this information. If they were an honest company, why not provide it so I can then try to provide proof from my bank just as my daughter did? I made the comparison, I had two contracts in the last year to get my roof repaired but only one company did the work. Does that mean in 7 years the other could sell the contract and then another company come back with just my basic personal information claiming I owe them without proof of any work/financial information? I don't even know either of these companies. I know it's not exactly the same but I'm using for comparison because the only thing on that contract is basic personal information and their paperwork is completely contradictory to itself and what was provided to me by the original lender. Regardless, it's over the TX statute of limitations, they did not follow guides of notifying me of the debt, they did not respond in a timely manner, and they did not file in the correct court per the contract they submitted. As I told them, perhaps it was a " mistake '' but to be included on the email thread and have it all written out and then respond they intend to continue to take my money without proof or providing me documentation is just malice and intent at this point. It is my belief XXXX XXXX XXXX purchases debts and have used the court system overrun with cases to get away with taking advantage not following the law or guidelines and then the consumer who is already in a bad situation and have limited options, can not read contracts or have the ability to look up information is forced to pay for outrageous judgements that like in my case should never have been in the court system or possibly never have been awarded to the amounts XXXX XXXX XXXX Received. I hope someone does an audit of the company and their practices but currently I would like help with my situation.