Consumer complaint received 2025-10-06 00:00:00
Product: Debt collection — Auto debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: Law Offices of Timothy M. Sullivan
State: PA

Complaint narrative:
This letter is a formal complaint filed with the Consumer Financial Protection Bureau ( CFPB ) regarding unlawful debt collection practices. I am also sending this letter as a formal dispute and a demand for validation to the debt collector, [ XXXX XXXX XXXX XXXX XXXX ], pursuant to my rights under the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692g.

I have no legal obligation to pay the above-referenced debt for the following reasons : 1. The debt was sold/transferred. The original auto loan contract with [ XXXX, XXXX ] was sold or transferred to [ XXXX XXXX XXXX XXXX XXXX  ], a third-party debt buyer. This transfer extinguished my obligation on the original debt. 

2. Discharge Under Uniform Commercial Code ( UCC ) Article 3. The original auto loan was a negotiable instrument governed by Article 3 of the Uniform Commercial Code. When a negotiable instrument is transferred to a third party for collection ( a " holder in due course '' ), the original obligor 's duty to pay is discharged. This is established under UCC 3-601 ( b ) and 3-602 ( a ). The debt collector, as a subsequent purchaser, is not the original creditor to whom the obligation was owed. Therefore, my obligation on that specific instrument was discharged upon its negotiation and sale.

3. Failure to Establish Standing. The debt collector has failed to provide any documentation proving they have the legal right to collect this debt. They have not provided a chain of title or assignment proving they are the legitimate owner of the specific loan obligation originally extended by [ XXXX, XXXX ]. 

4. Violations of the FDCPA. The actions of [ XXXX XXXX XXXX XXXX XXXX ] violate the FDCPA, including but not limited to : * 15 U.S.C. 1692e- Making false, deceptive, or misleading representations by claiming a legal right to collect a debt that has been discharged under state law ( UCC ).

* 15 U.S.C. 1692f - Using unfair or unconscionable means to attempt to collect a debt that is not legally enforceable.

* 15 U.S.C. 1692g- Failure to properly validate the debt upon written request, specifically by failing to demonstrate the legal basis for the obligation after the debt 's transfer.

Demand for Action : I demand that the CFPB investigate this debt collector for their unlawful collection activities on a legally discharged debt.

Furthermore, pursuant to FDCPA 1692g, I hereby demand that [ XXXX XXXX XXXX XXXX XXXX ] cease all collection activities immediately and provide competent evidence of the following : * The complete chain of title and assignment for this specific debt, proving they are the legitimate party-in-interest. 
* Documentation that clearly establishes how my obligation under the original contract was not discharged upon its sale/transfer under applicable state UCC law.

* Full and final account-level data from the original creditor. 

If you are unable to provide this validation, you must cease all collection efforts, delete this account from my credit reports, and close this matter permanently. Any further collection activity without validation will be considered continued harassment and a willful violation of the FDCPA. 

I expect a written response confirming the closure of this account and the cessation of all collection activities within 30 days. 


Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation