Consumer complaint received 2024-02-07
Product: Debt collection — Credit card debt
Issue: Took or threatened to take negative or legal action — Sued you without properly notifying you of lawsuit
Company: RAS LaVrar, LLC (FL)

As of XXXX XXXX XXXX XXXX account was closed and placed on a 48 month payment plan of {$15.00} to begin on XXXX XXXX XXXX. A checking account was required on file for monthly payments to be withdrawn automatically. The terms of this agreement clearly stated " Your current balance is {$610.00}. Your payments of {$15.00} are scheduled to be withdrawn monthly, from XXXX. The benefits of your Payment Plan will remain in effect on your account indefinitely and will not expire. This includes the special lower annual percentage rate ( APR ) for purchases, no late fees, and your fixed monthly payment of {$15.00}. '' Additionally, " Under this plan, you are only required to pay the agreed upon, fixed monthly payment amount of {$15.00} each month, by your Payment Due Date. Please note, the Minimum Payment Due on upcoming statements may be greater than the required fixed monthly payment because of past due amounts, but you are only required to pay your fixed monthly payment amount. '' Prior to the XXXX due date, several attempts were made to log in and verify the payment plan as well as make an initial payment. These attempts were met with a login prompt stating " We're unable to log you into XXXX XXXX XXXX. Please contact us at XXXX. '' Upon calling this number, the representative stated that the account had been charged off and provided a separate number to contact. This clearly indicates that XXXX XXXX XXXX XXXX XXXX did not honor the terms of this payment plan. The account was assigned to RAS LaVrar LLC who initiated collection activities beginning XXXX  which further confirms that the terms of the payment plan were not honored. 

The correspondence from XXXX XXXX XXXX XXXXe until XX/XX/XXXX to dispute the debt in writing with supporting documents. Once received and disputed by that date, this correspondence also stated that they were obligated to stop all collection activities and provide information to show that the debt was validated. On XXXX XXXX XXXX XXXX, email correspondence of dispute along with supporting documentation was sent to XXXX XXXX raslavrar. On XXXX XXXX XXXX XXXX RAS LaVrar LLC through USPS Signature Confirmation received written notice of this dispute along with supporting documentation. On XXXX XXXX XXXX XXXX, this same documentation was received by XXXX XXXX  through USPS Certified Mail with Return Receipt Signature provided. 

As of today, XX/XX/XXXX, neither entities have provided information regarding this alleged debt which exceeds the legally allowed 30 days. Subsequently, RAS LaVrar LLC violated CFPB laws by ignoring the dispute they signed for through not providing the requested information they stated to uphold in their correspondence sent on XX/XX/XXXX, and proceeded to file suit on XX/XX/XXXX. In this suit, under Account Stated, they claim no objection was made to the statement. However, later in this filing, they include a statement from XXXX XXXX with a closing date of XX/XX/XXXX and due date of XX/XX/XXXX with an important message stating " Your account is now on a payment plan. Under this plan you are only required to pay the fixed amount of {$15.00}, by your payment due date, to stop the account from falling further past due. Paying the {$260.00} minimum payment due shown on this statement, which includes past due amounts, would bring the account current, but you don't need to pay any more than the fixed payment amount. '' By provision of this document in their suit, RAS LaVrar LLC has not only admitted they are in violation of CFPB laws through not responding to the dispute within 30 days, but that they are also in agreement that the terms of the payment plan exist and were in fact breached by them and XXXXXXXX XXXX