Consumer complaint received 2025-01-21 00:00:00
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt is not yours
Company: SIMM Associates, Inc.
State: TX

Complaint narrative:
I am writing to formally dispute the debt you claim I owe, referenced under account number XXXX. Despite my previous request for debt validation, I have not received the complete documentation required to substantiate this debt. In accordance with the Fair Debt Collection Practices Act ( FDCPA ), I am entitled to request validation of the debt, which includes the following : 1. Chain of Assignments Documentation showing how the debt was transferred or sold to your company.

2. Chain of Custody Records demonstrating the transfer of the debt from one party to another, including all entities involved.

3. Proof of Default Documentation showing that I defaulted on the original debt.

4. Assignment or Transfer of Debt A copy of the original assignment or transfer agreement, confirming your legal right to collect on this debt. 
5. Proof of Securitization Documentation proving that the debt has been securitized, if applicable. 
As per the Fair Debt Collection Practices Act ( FDCPA ), you are required to provide this validation upon request, and without this documentation, I can not confirm the legitimacy of the debt. If you fail to provide these documents within 30 days, I request that you cease all collection activities, remove this debt from your records, and immediately delete any related information from my credit report. 
Additionally, I have checked both the Nationwide Multistate Licensing System ( NMLS ) website and the Texas Office of Consumer Credit Commissioner ( OCCC ) website, and I was unable to find SIMMS ASS. listed as a licensed debt collector in the state of Texas.

Under Texas Finance Code Chapter 392 ( the Texas Debt Collection Act ), debt collectors must be licensed by the Texas OCCC in order to legally engage in debt collection activities within the state. Without proof of your license to collect debts in Texas, you are not authorized to pursue this debt, and I request that you immediately cease collection efforts. If you are not licensed, you must remove this debt from your records and delete any related information from my credit report. 
Please provide proof of your Texas debt collection license within 30 days of receiving this letter, or I will consider this matter unresolved. Failure to provide such proof will result in further actions, including filing complaints with the Consumer Financial Protection Bureau ( CFPB ), the XXXX XXXX XXXX XXXX XXXX  ), and the Texas Attorney General 's Office.

Thank you for your immediate attention to this matter. I expect a response within the timeframe specified. 
Sincerely, XXXX XXXX  Relevant Laws & Statutes : 1. Fair Debt Collection Practices Act ( FDCPA ) : o 15 U.S. Code 1692g ( Validation of debts ) This law requires debt collectors to provide validation of the debt when requested by the consumer, including the amount of the debt and the name of the original creditor.

o 15 U.S. Code 1692f ( Unfair practices ) Prohibits the collection of any amount not authorized by the agreement or permitted by law.

2. Texas Finance Code Chapter 392 ( Texas Debt Collection Act ) : o Section 392.001 ( Definitions ) Defines a " debt collector '' as someone who directly or indirectly collects or attempts to collect a consumer debt.

o Section 392.302 ( Harassment or abuse ) Debt collectors must follow specific practices and can not harass or abuse debtors.

o Section 392.301 ( Authorization to collect debt ) Debt collectors must be licensed to operate in Texas.

3. Texas Office of Consumer Credit Commissioner ( OCCC ) : o Texas law requires debt collectors to be licensed by the OCCC to legally engage in debt collection activities within the state. If they are not licensed, they can not collect debt in Texas.

Company response to consumer: Closed with explanation