Consumer complaint received 2024-05-14
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt was paid
Company: ZWICKER & ASSOCIATES (FL)

The undersigned Authorized Representative, XXXX XXXX, herein after, XXXX does solemnly swear, declare and state as follows : Pursuant to 12 CFR 1026.13 - Billing Error Resolution I, XXXX XXXX, dispute account number Account Ending XXXX in connection to Master Account XXXX the amount of {$7800.00}, have submitted correspondence to XXXX XXXX XXXX XXXX  to rectify this matter and it has yet to be resolved. Please furnish documentary evidence in accord with 15 U.S. Code 44 of record of accounts where XXXX XXXX XXXX XXXX  awarded me, XXXX XXXX with any payment pertaining to this alleged debt. Pursuant to 15 U.S. Code 1666b ( a ) Notice, it is fact XXXX is aware XXXX XXXX XXXX XXXX ( b ) ( XXXX ) ( a ) refers to a request to resolve a billing error by providing all documentary evidence for clarification of who funded this account and whose obligation it is to pay this alleged debt on this account. Account Ending XXXX. Until then XXXX XXXX XXXX XXXX  can not report late payments in accordance with the regulations of the Bureau 12 CFR 1026.13 ( d ) ( 3 ). Pursuant to 15 U.S. Code 1666 ( e ) If the creditor does not provide all documentary evidence as defined under 15 U.S. Code 44 this will result in a billing error and the creditor forfeits all rights to collection on the amount that has been identified in dispute. Notice, it is fact XXXX is aware that without resolving this billing error the creditor has legally agreed to forfeit all rights to collect on the amount in dispute pursuant to 15 U.S. Code 1666 ( e ). Pursuant to 12 U.S. Code 5562 ( c ) ( 10 ) - Production of Document Material Notice, it is fact XXXX is aware the consumer has the right to request the money XXXX XXXX. I am requesting this documentary material in accordance with 12 U.S. Code 5562 ( c ) ( 10 ) to address this subject matter. Without this documentary evidence, there is no evidence of this alleged debt. Pursuant to 12 U.S. Code 1831n ( 2 ) ( a ) - GAAP XXXX XXXX, Accounting, and Insurance Notice, it is fact XXXX is aware the consumer has the right to request the XXXX XXXX XXXX in accordance with 12 U.S. Code 1831n ( 2 ) ( a ) and without this documentary evidence to properly address this subject matter, there is no evidence of this alleged debt. Pursuant to 16 CFR 433.3 ( b ) ( 4 ) a contract which in a contract which includes a waiver, condition, or limitation for a debtor to assert rights for claims or defense against a seller is void. Notice it is fact in accordance with 15 C.F.R. 433.3 ( b ) ( 4 ) I the XXXX has reason to believe and do so believe a contract can not and does not constitute as documentary evidence or contain a negotiable instrument or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer such as I, XXXX XXXX the XXXX any right to assert against any holder of a contract with any and all legally sufficient claims and defense which could be asserted against the seller of goods and services and in all subject matter pursuant 16 C.F.R. 433.3 ( b ) ( 4 ) said contract is unenforceable and void. Notice in fact a contract has not given the consumer the full disclosure of said contract with any written, oral, known, or unknown subject matter shall not constitute as documentary evidence. I the XXXX has reason to believe and do so believe XXXX XXXX XXXX XXXX  has failed to meet all requirements established in 16 C.F.R. 433.2 ( a ). Furthermore, XXXX XXXX XXXX XXXX  used my open-ended credit plan in accordance with 16 C.F.R. 433.2 ( a ) to furnish which furthermore proves they did not extend credit to me about this alleged debt. Pursuant 15 U.S. Code 1692e ( 2 ) false character, amount, or legal status of any debt. Notice it is fact that I the XXXX am aware that the false character of the amount of this alleged debt ( s ) is in violation of 15 U.S. Code 1692e ( 2 ) ( a ). XXXX has proof of this violation as XXXX XXXX XXXX XXXX  alleges I owe an alleged debt ( s ), yet the account shows the billing in a positive amount. How can I pay into an account which is already positive? This is in violation of XXXX. Pursuant to 18 U.S. Code 8 - Obligation or Other Security of the United States, Notice in fact that XXXX is aware that all obligation of debt is the responsibility of the United States. Pursuant to15 U.S. Code 1615 If a consumer prepays in full the financed amount under any consumer credit transaction, the creditor shall promptly refund any unearned portion of the interest charge to the consumer. Please investigate for XXXX XXXX and XXXX of Fiduciary Duties. 
Please adjust this account ( s ) to a XXXX balance and open ended. I demand you return all funds paid into this alleged debt ( s ), including payments of interest, downpayment, etc. You have 10 days of receiving this notice to comply. If you can not provide all documentary evidence requested, then you have agreed to the terms of this notice. I have included a copy of the bill as proof of a billing error. See Exhibit XXXX. California XXXX California, in the minority of states, applies the mailbox rule to option contracts as well. In XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( 1974 ), the Court held, In California the effective upon posting rule has received legislative sanction and is the declared policy of this state. As previously explained, when the notice of exercise of the option is viewed as an acceptance of an irrevocable offer, such notice is clearly covered by section 1583. Notice to Agent Notice Knowledge XXXX XXXX Respectfully, All Rights Reserved Without Prejudice - U.C.C. XXXX Name : By : XXXX : XXXX Executor XXXX The Estate Authorized Representative