Consumer complaint received 2024-09-27
Product: Debt collection — I do not know
Issue: False statements or representation — Attempted to collect wrong amount
Company: CAINE & WEINER COMPANY, INC. (TX)

THIS IS NOT A CLAIM OF IDENTITY THEFT. THIS IS A DEBT VALIDATION - ADDRESS CONCERNS HEREWITH : This letter serves as a formal request for validation of the debt as required under the Fair Debt Collection Practices Act ( FDCPA ) and the Uniform Commercial Code ( UCC ). 

Under 15 U.S.C. 1692g ( b ) of the FDCPA, I have the right to request full verification of this debt. Until proper validation is provided, you are not authorized to pursue collection activities or report this account to credit reporting agencies. Additionally, under 15 U.S.C. 1692e, it is a violation of federal law for a debt collector to make false or misleading representations about the debt.

Information I Require for Debt Validation : Proof that you own the debt or are authorized to collect it on behalf of the original creditor : Under UCC Article 9, specifically UCC 9-404, any assignment of a debt must be properly documented, and I have the right to request evidence of the assignment. Without clear documentation that the debt has been properly assigned to your agency, you are not legally authorized to collect it or report it to credit bureaus.

Complete payment history and a copy of the original signed contract : To ensure that this debt is valid, I request that you provide the original agreement that created the debt, including my signature, under 15 U.S.C. 1692g ( a ). This is necessary to confirm the legitimacy and accuracy of the debt being collected.

The amount of the debt, including any fees, interest, and other charges : Provide a breakdown of how the total amount you are claiming was calculated, including any interest or fees that have been added. Under UCC 9-210, you are required to provide a statement of the account, showing all payments, fees, and interest applied to the original amount.

Proof that you have the legal right to collect the debt in my state : If applicable, provide documentation demonstrating that your agency is licensed to collect debts in [ your state ]. Collection activities conducted without the proper state licensing violate both state and federal law.

Notice of Cease and Desist for Collection Activities Until Validation is Provided Under 15 U.S.C. 1692g ( b ), all collection activities, including phone calls, letters, or reporting to credit bureaus, must cease until you provide the requested validation of this debt. Additionally, any continued collection efforts without the proper validation will be considered a violation of my rights under the FDCPA and UCC, and I will take the appropriate legal action to protect my rights, including filing complaints with the Consumer Financial Protection Bureau ( CFPB ) and the Federal Trade Commission ( FTC ).

UCC Considerations and Right to Debt Verification Under the Uniform Commercial Code, particularly UCC Article 9, I have the right to demand proof that any alleged debt was lawfully assigned or transferred to you for collection. If you can not provide evidence of assignment, this debt must be considered invalid, and any attempt to collect or report it to credit agencies will be treated as a violation of both the FDCPA and the UCC.

Conclusion I request that you provide all of the requested documentation within 30 days from the date of this letter. If you fail to provide validation within this time frame, I expect that you will cease all collection efforts and promptly remove any negative reporting related to this debt from my credit report, as required by law. Failure to comply may result in further legal action on my part under 15 U.S.C. 1692k.

Thank you for your immediate attention to this matter. I look forward to your prompt response. 

Sincerely, XXXX XXXX