Consumer complaint received 2024-10-08 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: Zarzaur and Schwartz, PC
State: AL

Complaint narrative:
XXXX XXXX XXXX ( SECURED PARTY CREDITOR ) XXXX XXXX XXXX XXXXXXXX XXXX Alabama XXXX To : XXXX XXXX XXXX XXXX XXXX XXXX 
XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX CC : XXXX XXXXXXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX, XXXX XXXX Credit Bureau XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXX/XX/year> Certified Mail Number XXXX CFPB : XXXX, XXXX, XXXX RE : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Account XXXX. XXXX Your credit reporting agency is to refrain from blemishing my credit or erroneously entering any derogatory status on my credit report in case the pretender lender claims that the corresponding account is delinquent, at any time in the near future. It is NOT delinquent, because in order for it to be delinquent, there would first have had to be a legal and legitimate loan. I am writing to formally dispute the collection account reported on my credit report. I do not have any account or contractual relationship with this third-party. Reporting this debt without any legitimate contractual basis is a violation of my rights under federal and state laws, and I demand immediate removal of this false information from my credit report. Also please be aware that you are trespassing on trust property, and actively engaging in copyright infringement. 

You are obligated to send a notice of dispute to XXXX XXXX XXXXXXXX XXXX XXXX accordance with the provisions of Section 611 ( a ) ( 2 ) of the FCRA , 15 U.S.C . 1681i ( a ) ( 2 ) and your XXXX processes. 

It would be constructive for you to note that the FCRA ( Fair Credit Reporting Act ) section 609 ( c ) ( 2 ) ( E ) states : " a consumer reporting agency is not required to remove accurate derogatory information from a consumer 's file, unless the information is outdated under section 605 or can not be verified.

The can not be verified is the key phrase, as you can see. Since I challenged you and your staff to verify, and you can not, that means all financial institutions and credit reporting agencies concerned with my account are required to remove any derogatory information. It can not be deemed accurate if it can not be verified. If it can not be verified, then it is required to be removed, according to the FCRA. 




Please be advised that the alleged debt that has been reported to you is uncollectable for the following reasons : 1. Creditor is in breach of any alleged agreement that it claims I am bound by.

2. Creditor failed to make full disclosure in its credit card agreement prior to soliciting my application to be bound by it.

3. Due to the breach and lack of full disclosure, you are reporting a collection of an alleged debt from me, under false, deceptive, or misleading representations or means, in violation of Section 807 of the FDCPA, 15 U.S.C. 1692e, committing fraud.

4. Creditor has failed to fully disclose the fact that it sold its credit card receivables relating to the alleged account. This transaction is a securitization.

5. Due to the securitization of the initial outstanding balances of the alleged account, creditor is not a holder in due course, and therefore has no rights or interest in the receivables you are reporting.

On the next page I have listed the claims for which relief can be granted which will avoid me taking this matter into federal court.

Should this matter not be resolved promptly, I will not hesitate to take further legal action to seek all remedies available to me, including monetary compensation for damages, as provided under 15 U.S.C. 1681n and 1692k, along with attorneys fees and costs.

Please acknowledge this dispute within the time frame mandated by law and confirm that the collection account has been removed.

You are courteously requested to enter this account as being suspended while in absolutely justified dispute. I trust that you and your management staff operate honorably and that I will never have to sue you for blemishing my credit and illegally allowing the pretend lenders computer-generated reports of default, if they occur, to lower my credit score. Wish me well in getting this resolved with the " lender '' itself, and I appreciate your protecting my credit score in the meantime. Thank you for your cooperation and I wish the best of success and happiness to you. 

Your Silence is Acquiescence, Agreement, And Dishonor. 

I declare under penalty of perjury without the United States that the above statements are the truth, the whole truth and nothing but the truth. 

Sincerely, _Jeffrey-Linne XXXX XXXX XXXXXXXX XXXX XXXXXXXX FOR WHICH RELIEF CAN BE GRANTED : XXXX. Remove the HIGHLIGHTED COLLECTION/CHARGEOFF items from the consumer credit report and block them permanently. 
XXXX. Provide a contact # or email of an individual who can remove these items in the future.

Company response to consumer: Closed with explanation