Consumer complaint received 2024-03-11 00:00:00
Product: Debt collection — Other debt
Issue: Written notification about debt — Didn't receive notice of right to dispute
Company: Ballybunion Enterprises, Inc
State: FL

Complaint narrative:
To Whom It May Concern at the Consumer Financial Protection Bureau, I am submitting a complaint against XXXXXXXX XXXX XXXXXXXX XXXX and Freedom Acceptance Corp regarding an attempt to collect on a debt that is over 16 years old, which I believe should have been included in a previous lawsuit and thus, not enforceable. 

In XXXX, during my active-duty service in the United States Air Force , stationed in XXXX, North Dakota , a lawsuit was filed against me in the state of Virginia. This filing disregarded the protective measures enshrined in the SCRA. Firstly, I was not properly served with the lawsuit documents at my then-current address, as required by the SCRA, thus depriving me of the opportunity to defend myself or appear in court. 

Furthermore, the proceedings resulted in a default judgment against me, despite the SCRA 's stipulations against such judgments without the appointment of legal representation or a stay of proceedings for active-duty servicemembers. My service status at the time of the lawsuit was not correctly represented to the court, resulting in my SCRA rights being overlooked. 

Moreover, there is a concern that the interest applied to the debt in question may have exceeded the SCRAs 6 % cap during my period of service, which, if true, constitutes another violation of my rights under the SCRA. 

The consequences of these actions have been long-lasting and detrimental. It is clear that my rights under the SCRA were not upheld, affecting not only the legal outcomes but also imposing undue financial and personal stress upon me as an active-duty member and later as a veteran. 

I am requesting a thorough investigation into this matter and the following actions to rectify the violations of the SCRA : The setting aside of the default judgment obtained against me during my active duty in accordance with SCRA protections.

A reassessment of any interest charged above the 6 % rate cap during my military service and an appropriate adjustment and refund of any excess charges.

The cessation of all current debt collection activities related to this matter, given the potential SCRA violations.

These steps are crucial for rectifying the breaches of the SCRA and ensuring justice is served in alignment with the respect and protection that servicemembers are entitled to under the law. 

The original creditor was aware of my military service as I was stationed in XXXX, ND and we were in communication. I was medically retired from the Air Force in XX/XX/XXXX. It was understood due to my circumstances and inability to return equipmentowing to the lack of a nearby locationthat the debt would either be resolved through the return of the equipment or written off, with the issuance of a 1099-C form indicating forgiveness of debt. I sent the equipment and had it delivered to the store and then received a phone call from the manager saying they could not accept it after we had an agreement in place. 

Despite updating my address to reflect my stationing in XXXX, ND, a lawsuit was filed in a Virginia court in my absence while I was still on active duty and undergoing medical treatment, without providing written notice to my current address. This action prevented me from defending myself or making arrangements to settle the matter in accordance with the law and the stated intentions of the creditor. 

Furthermore, I recently became aware of attempts by XXXXXXXX XXXX XXXX XXXX to collect on this debt. Not only is the debt aged, but these collection attempts ignore the protections afforded to servicemembers, as well as previous agreements and understandings with the creditor. 

I request that the CFPB investigate this matter, considering the historical context of the debt, the lack of notice of the lawsuit, and my status as a medically retired servicemember. The collection actions by XXXXXXXX XXXX XXXXXXXX XXXX, and the potential inclusion of this debt in the previously adjudicated matters involving XXXX XXXX XXXX, are concerning and distressing. 

I believe these attempts to collect do not comply with the legal protections for servicemembers and may represent a continuation of the practices addressed in the stipulated final judgment and order filed in the XXXX XXXX XXXX Virginia on XX/XX/XXXX ( XXXX XXXX ). 


I seek the assistance of the CFPB to resolve this matter justly and to ensure that my rights, particularly those related to my past military service, are fully honored. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation