Consumer complaint received 2024-12-23 00:00:00
Product: Debt collection — Auto debt
Issue: Written notification about debt — Didn't receive enough information to verify debt
Company: Westlake Services, LLC
State: TX

Complaint narrative:
I requested the following from Westlake Financial and they have failed to respond in a timely manner. Below is a copy of the Letter I sent to Westlake Financial in XX/XX/year> requesting this information and they have yet to respond to this matter. 

I am writing to formally request validation of the alleged debt Westlake Financial claims I owe, as provided under the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692g. Additionally, I demand proof of compliance with the Texas Business and Commerce Code, Chapter 9 of the Uniform Commercial Code ( UCC ), and the Internal Revenue Code ( IRC ) regarding charge-offs and issuance of Form 1099-C.

Specific Requests for Validation : 1. Proof of Ownership and Legitimacy of the Debt : o Provide documentation demonstrating your legal authority to collect this debt, including contracts or agreements bearing my signature.

2. Certified Proof of Compliance with Texas Business and Commerce Code and UCC Chapter XXXX : o Under Section 9.611, provide certified copies of all required notification letters sent to me regarding the disposition of the collateral.

o Include certified tracking numbers, mailing dates, and documentation confirming compliance with Sections 9.613, 9.614, and 9.623 of UCC Chapter 9.

3. Compliance with Internal Revenue Code ( IRC ) : o If Westlake Financial has charged off this debt, the Internal Revenue Code ( IRC 6050P ) requires the creditor to issue Form 1099-C to the debtor and the IRS for debts of {$600.00} or more that are canceled or forgiven.

o Failure to issue this form constitutes a violation of federal tax regulations. 
o Provide a copy of the 1099-C form that was sent to me, including proof of issuance and submission to the IRS.

4. Failure to Notify and Legal Implications : o If no 1099-C form was issued, your failure to notify me of the charge-off is a direct violation of IRS regulations. It also affects the accuracy of my credit report, in violation of the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681s-2 ( b ).

o Case law supports that inaccurate reporting, failure to validate debts, and failure to comply with tax laws constitute actionable violations.

Demands : If Westlake Financial can not validate this debt and provide Certified proof of compliance with all applicable laws, I demand that it be immediately DELETED from my consumer Report.

Westlake must provide all documents of proof because I have never received any notification of the disposal of the alledged property nor has Westlake provided any documentation of any Insurance claim paid to Westlake Financial in Regards to this alledged debt nor did Westlake provide the notifications as is required in the above mentioned Texas UCC codes. I have not received any 1099c as is required by law if a company claim a item as loss via Charge-off as it is being reported on my Consumers Report and if that is not the Case it should be Deleted immediately due to " Inaccurate Reporting '' on my consumer Report.

Company response to consumer: Closed with explanation