Consumer complaint received 2024-02-09
Product: Debt collection — Credit card debt
Issue: False statements or representation — Attempted to collect wrong amount
Company: National Credit Adjusters, LLC (IL)

National Credit Adjusters continue to report an allege debt that I refuse to pay and they are damaging my consumer report. The contract that was transferred to the company is the security that is the collateral. I can not owe a debt that is funded by the application I submitted. The bank only deposit and transfer securities but do not loan anything as it goes against the Federal Reserve Act that states banks are barred from loaning their own money and the customers. Furthermore National Credit Adjusters can not force performance from me with actually having a meeting of the minds and I agree to the terms. Just because a contract is transferred does not give full rights and the debt as been canceled and reported to the IRS as income so reporting said debt is a violation of my rights.

A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The collection of any amount ( including any interest, fee, charge, or expense incidental to the principal obligation ) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.

( 2 ) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collectors intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit.

( 3 ) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution. 
( XXXX ) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument. 
( XXXX ) Causing charges to be made to any person for communications by concealment of the true purpose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees. 
( XXXX ) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if ( A ) there is no present right to possession of the property claimed as collateral through an enforceable security interest ; ( B ) there is no present intention to take possession of the property ; or ( C ) the property is exempt by law from such dispossession or disablement. 
( XXXX ) Communicating with a consumer regarding a debt by post card. 
( 8 ) Using any language or symbol, other than the debt collectors address, on any envelope when communicating with a consumer by use of the mails or by XXXX, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business. 
( a ) An instrument is transferred when it is delivered by a person other than its issuer for the purpose of giving to the person receiving delivery the right to enforce the instrument. 

( b ) Transfer of an instrument, whether or not the transfer is a negotiation, vests in the transferee any right of the transferor to enforce the instrument, including any right as a holder in due course, but the transferee can not acquire rights of a holder in due course by a transfer, directly or indirectly, from a holder in due course if the transferee engaged in fraud or illegality affecting the instrument. 

( c ) Unless otherwise agreed, if an instrument is transferred for value and the transferee does not become a holder because of lack of indorsement by the transferor, the transferee has a specifically enforceable right to the unqualified indorsement of the transferor, but negotiation of the instrument does not occur until the indorsement is made. 

( d ) If a transferor purports to transfer less than the entire instrument, negotiation of the instrument does not occur. The transferee obtains no rights under this Article and has only the rights of a partial assignee.