Consumer complaint received 2025-11-18 00:00:00
Product: Debt collection — Other debt
Issue: Attempts to collect debt not owed — Debt was already discharged in bankruptcy and is no longer owed
Company: Nelson and Kennard, LLP
State: CA

Complaint narrative:
1- securitization of account without consideration.2- All information was requested per FDCPA15USC1692G including lawful standing as creditor were requested to provide CUSIP and 1099s.if account was sold and transferred into a Trust I request a complete chain of title from first date of contract to the last date of my last letter. 
1. Consideration for Promissory Note : According to the alleged loan agreement, was the lender to provide its own funds as adequate consideration to purchase the promissory note from the borrower? YES, or NO. 
Do the lender 's bookkeeping entries reflect the actual lending of its own funds to purchase the promissory note? YES, or NO. 

2. Borrower 's Provision of Value : According to the alleged loan agreement, was the borrower to provide anything of value that the lender would use to give value to a check or similar instrument in the approximate amount of the alleged loan? YES, or NO. 
Do the lender 's bookkeeping entries reflect the acceptance of anything of value from the borrower that was used to give value to a check or similar instrument? YES, or NO. 
3. Adherence to GAAP : Did the lender and any associated financial institutions involved in the alleged loan follow Generally Accepted Accounting Principles ( GAAP )? YES, or NO. 
Has the lender or any associated financial institutions had an audit conducted by a Certified Public Accountant ( CPA ) that attests to their compliance with GAAP? YES, or NO. 
4. Disclosure of Material Facts : Are all material facts regarding the loan agreement fully disclosed in the written document? YES, or NO. 
5. Lending of Promissory Note : According to the alleged loan agreement, was the borrower to lend their promissory note to the lender or another party? YES, or NO. 
Request for Specific Answers : I kindly request that you provide detailed and specific answers to each of the aforementioned questions. Failure to do so may lead to the presumption of : Concealment of material facts Alteration or theft of the promissory note Misrepresentation of the source of funds Return of XXXX Balance and Promissory Note : If you are unable to provide satisfactory answers to these questions, I hereby request the following : The immediate return of a XXXX balance on any accounts associated with the alleged loan. 
The return of the original promissory note. 
I sent a Billing Error letter to XXXX XXXX XXXX XXXX ( addressed specifically to the CFO ) on XX/XX/year>, by certified mail. 
XXXX responded on XX/XX/year>, but their response only included a copy of the contract. They did not address the specific questions or requests made in my Billing Error letter. 
On XX/XX/year>, I sent a Validation and Proof of Claim letter by certified mail. I did not receive any reply to that letter. Instead, I received two separate letters from XXXX stating they intended to sell the debt to a collection company, without providing the validation I had requested. 
Later, I received a collection notice from Nelson & Kennard XXXX XXXX, seeking to collect {$9200.00}, for a debt that XXXX charged-off and sold without responding to the required validation request.

Company response to consumer: Closed with explanation