Consumer complaint received 2024-07-15
Product: Debt collection — I do not know
Issue: Written notification about debt — Didn't receive notice of right to dispute
Company: Halsted Financial Services, LLC. (IN)

From : XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX, IN XXXX To : Halsted Financial Services  XXXX XXXX XXXX XXXX, IL XXXX XXXX XXXX Re : Debt Validation Request Debt Collector : Halsted Financial Services Current Creditor : XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX  Account Number XXXXXXXX Halsted Financial Services XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Dear Halsted Financial, XX/XX/XXXX I am writing in response to your unsolicited text message dated XX/XX/XXXX and XX/XX/XXXX at XXXX regarding the collection of a debt allegedly associated with an account which you claim to be collecting on behalf of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX which has been known to by debt. I am requesting validation of this debt under the Fair Debt Collection Practices Act ( FDCPA ) 15 USC 1692g Sec. 809 ( b ). 

Please note that I have previously disputed this debt with XXXX XXXX XXXX XXXX. and have not received sufficient validation. Please be informed of the certified letters I have previously mailed regarding this debt which is now the XXXX time. 

XX/XX/XXXX : Sent to XXXX XXXX XXXX XXXX. requesting debt validation under the FDCPA. 
XX/XX/XXXX : No response follow-up letter to XXXXXXXX XXXX XXXXXXXX XXXX XXXX 
XX/XX/XXXX : Follow-up letter to XXXXXXXX XXXX XXXXXXXX XXXX XXXX reiterating the need for proper validation and documentation. 
XX/XX/XXXX : Further request for validation from XXXX XXXX XXXX XXXX. including detailed requirements under the XXXX XXXX and other legal frameworks. 

On XX/XX/XXXX, I filed a complaint against XXXX XXXX XXXX XXXX. with XXXX XXXX. XXXX. Consumer Financial Protection Bureau and soon after begin to receive harassing text messages from your organization which stated on XX/XX/XXXX. 

Following this complaint, the case was sent back and now reassigned to Halsted Financial Services Account. 

I had notified the prior debt collector and it was recorded to not call or text and all communication must come via mail. The receipt of XXXX text messages from your organization during my work hours constitutes a violation of the Federal Communications Commission ( FCC ) regulations and is considered harassment. Consequently, I have filed a complaint against your organization on XX/XX/XXXX. The complaint has been assigned XXXX XXXX. XXXX and have forwarded this communication to my attorney. 


FINAL WARNING - CEASE AND DESIST Failure to provide all the requested information and documentation within 30 days will result in a demand for you to cease and desist all collection activities related to this debt. Continued attempts to collect this debt without proper validation will be considered a violation of my rights under the FDCPA and FCC regulations, and I will not hesitate to take further legal action. 

This is not a refusal to pay, but a request for validation. Until you provide the requested validation, I ask that you cease all collection activities and stop reporting this debt to any credit bureaus. 

If you do not provide validation of all requested items below within 30 days, I will consider this matter closed and will expect you to remove all references to this debt and removal if any from my credit report. 

Therefore, I am requesting that you provide me with the following specific information and documentation to validate this debt : Additionally I am writing to formally address my concerns regarding the handling of my alleged debt, which you are attempting to collect. Under the Fair Debt Collection Practices Act ( FDCPA ), I requested validation of the debt within the required XXXX period from receiving your initial notice. SInce XX/XX/XXXX To date, I have not received ALL the requested validation. 
According to the FDCPA, once a debtor disputes the debt or requests validation, the debt collector must cease collection activities until the required validation is provided. Despite my request, collection efforts have persisted without the necessary validation. 
Furthermore, I understand that there are no specific limits in the FDCPA on the number of times a debt can be transferred to different agencies. However, each new collection agency must honor the validation request before resuming collection activities. It has come to my attention that transferring the debt repeatedly without providing proper validation can be perceived as harassment and an unfair collection practice, both of which are violations of the FDCPA. 
I am documenting this communication and any previous correspondence regarding my request for validation. Should the debt continue to be transferred without the proper validation, I will have grounds to believe that my rights under the FDCPA are being violated. In such a case, I may be compelled to file a complaint with the Consumer Financial Protection Bureau ( CFPB ) or seek legal counsel to address these practices. 
I kindly request that you provide the validation of the debt as required by law or cease all collection activities immediately. Continuous transfers without proper validation will not be tolerated, and I will pursue all available legal avenues to ensure that my rights are protected. 


XXXX. XXXX XXXX : - The name and address of the original creditor. 
- The account number used by the original creditor. 
- The amount owed to the original creditor at the time the debt was transferred. 

XXXX. **Current Creditor Information** : - The name and address of the current creditor ( XXXX XXXX XXXX ). 
- The account number used by the current creditor. 
- The amount currently owed, including a detailed breakdown of any interest, fees, or charges added since the debt was acquired. 

XXXX. **Debt Details** : - A copy of the original signed agreement that created the debt. 
- If this debt started with a different creditor, provide the name and address of the original creditor, the account number used by that creditor, and the amount owed to that creditor at the time it was transferred. 
- Proof that you have the legal right to collect this debt. 

XXXX. **E-Signature Validation** : - Proof of compliance with the Electronic Signatures in Global and National Commerce Act ( E-SIGN Act ) for any agreements or documents related to this debt that have been executed electronically. This should include : - Digital certificates validating the identity of the parties involved in the electronic transaction. 
- XXXX about the XXXXXXXX XXXX XXXX ( XXXX ) employed to secure and manage electronic signatures. 
- Evidence of timestamps on all electronic documents and signatures verifying the exact date and time of the electronic execution. 
- A description of the authentication methods used to verify the identity of the signatories in the electronic transaction. 
- Complete audit trails for all electronic documents showing the sequence of actions related to the creation, modification, and signing of the documents. 
- A detailed explanation of how the electronic signing process adheres to the legal framework established by the E-SIGN Act and any other relevant laws. 
- Evidence of explicit consent by all parties involved in the electronic transaction to conduct business electronically. 
- Information on any third-party verification services used to ensure the integrity and security of the electronic signatures and documents. 

XXXX. **Promissory Note Authenticity** : - The Promissory Note associated with this account must be duly authorized through a signature by a designated officer from XXXXXXXX XXXX XXXX XXXX Please provide all original XXXX XXXX along with any amended versions, each bearing the requisite signature of a XXXX XXXX Bank officer ( s ). 

XXXX. **Bill of Sale Authentication** : - The bills of sale dated XX/XX/XXXX and XX/XX/XXXX must include witness and notarization signatures, and signatures and dates from all parties involved, including XXXX XXXX XXXX XXXX Evidence confirming the inclusion of this specific debt in the XXXX loans transferred is required. 

XXXX. **Licensing Information** : - Your firm 's authority to collect this debt, including necessary licensing information from my state or your operating state. 

XXXX. XXXX XXXX XXXX : - Explicit proof that I am the individual responsible for the debt. 

XXXX. **Interest and Fees Breakdown** : - A detailed breakdown of all interest and fees added to the original debt amount. 

XXXX. XXXX XXXX : - Documentation proving your legal standing to collect the debt, including a XXXX of XXXX. 

XXXX. XXXX XXXX : - A record of all previous communications regarding this debt. 

XXXX. XXXX XXXX XXXX : - Information about your process for handling disputes or inaccuracies in credit reporting related to this debt. 

XXXX. XXXX Rights XXXX : - Information about my rights under the FDCPA, including how to dispute the debt or seek advice from a consumer attorney. 

XXXX. XXXX XXXX XXXX : - A copy of your policy regarding debt collection practices. 

XXXX. XXXX in XXXX XXXX ( XXXX ) XXXX : - Address the discrepancy identified in the Monthly Statements and the Truth in Lending disclosure. The account statements reflect payments of {$470.00} per month for 60 months totaling {$28000.00}, while the XXXX in XXXX disclosure shows XXXX payment of {$400.00} and fifty-nine payments of {$470.00} totaling {$28000.00}. This discrepancy is a violation of XXXX, and as the debt collector, you are now responsible for any violations of XXXX. 

XXXX. XXXX XXXX XXXX - Registration of Promissory Note** : - Confirmation of whether the Promissory Note associated with Account No. Ending in XXXX has been registered under XXXX Article XXXX. 
- If registered, details of such registration, including the date and jurisdiction of the registration. 
- Documentation or evidence supporting this registration, if applicable. 

XXXX. **Lawful Consideration of Bank Funds in XXXX XXXX : -Provide an exhaustive and precise clarification on the exact nature of the consideration for the debt, specifying whether it was a monetary loan, a line of credit, or another financial product. This must include a full disclosure of all terms, conditions, criteria, and underwriting processes under which the consideration was provided, along with any internal policies governing such transactions. 
-Supply comprehensive and verifiable documentation and records demonstrating the initial transaction, including : Detailed transaction records showing the origin and destination of funds, including all intermediary steps. 
Complete bank statements for all relevant accounts reflecting the disbursal and receipt of funds, covering the period from XXXX months before the disbursal to XXXX months after. 
Internal bank communications, memos, emails, and meeting minutes that pertain to the disbursal and creation of the debt, including any discussions of risk assessment, approvals, and authorizations. 
Copies of all relevant contracts, agreements, and promissory notes between the original creditor, current creditor, and any intermediaries involved, including any amendments or addenda. 
Documentation of the decision-making process, including internal and external reviews, risk assessments, and approvals from relevant committees or boards. 
-Provide a meticulous explanation of the legal framework under which the bank provided the consideration, ensuring it aligns with all pertinent banking regulations and laws. This should include : Explicit references to the specific banking regulations, statutes, and legal requirements governing the provision of such consideration. 
Internal compliance documentation, audit reports, and legal opinions or analyses prepared by the banks legal team or external legal counsel regarding the legality and regulatory compliance of the consideration. 
Copies of any regulatory filings, reports, or correspondence with banking regulators or oversight bodies related to the creation and handling of this debt. 
-Furnish all records or documentation that illustrate the bank 's commitment and due diligence in the transaction, including but not limited to : Detailed transaction records and complete ledger entries for all financial activities related to this debt, including timestamps and authorization details for each entry. 
Complete audit trails and logs showing all steps and approvals in the creation, modification, and finalization of the debt, including details of any system or software used to manage these records. 
Evidence of the banks due diligence processes, including risk assessments, credit analyses, XXXX XXXX XXXX XXXX XXXX XXXX compliance, and any third-party evaluations performed prior to providing the consideration. Include reports, checklists, and sign-offs by relevant officers. 
Documentation of any third-party verification or validation processes used to ensure the legitimacy and compliance of the debt, including certifications, detailed reports, and all correspondence with third-party auditors or verifiers. 
Records of all interactions and communications with regulatory bodies regarding this debt, including all filings, reports, and correspondence, along with any responses received. 
Detailed logs and records of any system or software used to manage, track, and record the transaction, including metadata, version histories of electronic documents, and access logs showing who accessed or modified any records. 
Comprehensive documentation or records of any dispute resolution processes related to this debt, including internal and external communications, legal filings, and settlement agreements. 
Any additional documentation or records that provide a comprehensive and transparent view of the banks role and activities in the creation, handling, and ongoing management of this debt, including internal audit reports and reviews of compliance with the FDCPA, FCC regulations, and other relevant laws. 
Failure to provide all the requested information and documentation within 30 days will result in a demand for you to cease and desist all collection activities related to this debt. Continued attempts to collect this debt without proper validation will be considered a violation of my rights under the FDCPA and FCC regulations, and I will not hesitate to take further legal action. 


Your response requires authentication. 

Thank you for your cooperation. 

Litigiously, XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX