Consumer complaint received 2025-04-09 00:00:00
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: Bread Financial Holdings, Inc.
State: FL

Complaint narrative:
NOTICE OF DISPUTE COMENITY CAPITAL BANK : Thank you for the statements that your institution recently sent expecting those documents would be sufficient to validate alleged debt. 

This Notice is to confirm that your claim is disputed under 15 USC 1692 et seq. Please verify under oath that this claim is valid, free from any claims and defenses including but not limited to : any breach of agreement, failure of consideration or material alterations, and that the original lender provided value. Further, that the alleged account was transferred in good faith and by the consent of all parties involved. 

After reasonable inquiry I have concluded that COMENITY is in breach of the alleged agreement. The following facts support my position in this matter : XXXX. XXXX failed to validate as required by 15 USC 1692 ( e ) 3 as it belonging to consumer XXXX XXXX XXXX. COMENITY failed to disclose to the alleged consumer XXXX XXXX ( hereinafter consumer ) that COMENITY used consumers note, capital, funds, money or money equivalent to fund a note, check or similar instrument that was used to fund the charges on the alleged account, whereby COMENITY did not perform under the agreement and risked nothing of value. 

3. COMENITY has not used any of their own capital, funds, money or money equivalents to pay for any charges on the alleged account.

4. COMENITY received something-for-nothing by using the consumers note ( s ) to fund charges to the credit card account while retaining payments from consumers.

5. When accounts are 90 days or more overdue, COMENITY receives a payoff of the amount due from insurance, whose premiums were unknowingly funded by the so-called borrower.

I want to receive absolute assurance from COMENITY that they did not breach the agreement. In order to settle this matter, please sign or have an authorized officer sign the enclosed affidavit, confirming that you have read the agreement, that you understand GAAP, the bookkeeping entries, accounts receivables and deposits, the banking laws, and the Federal Reserve banks policies and procedures.

In addition please furnish me with the following information : 1. A complete statement of Damages, including each and every loss that COMENITY incurred under the alleged agreement. 

2. A copy of any insurance claim having been made by COMENITY regarding this account.

3. A front and back, true and correct copy of the alleged signed agreement bearing my signature ( full & complete disclosure ), and a detailed copy of the alleged account.

4. The name, address and telephone number of COMENITYs CPA auditor.

5. A copy of your oath of office confirming you are not violating 15 USC 1692 ( e ) 3.

6. Verification if this debt has been assigned or sold to a debt collector.

7. If this debt has been assigned to a debt collector, please provide the commission amount if collection efforts are successful.

8. If this debt has been sold to a debt collector, please provide the price for which it was sold.

If you can not verify this debt by the above listed means, then please delete/suspend any further attempts to collect under the Fair Debt Collection Practices Act 15 USC 1692.

You are required by federal law to furnish the credit bureaus with the required disclosure by placing a notice of dispute on my account within ( 30 ) days after receiving this dispute letter. I am maintaining a careful record of dates as well as time-stamped copies of my credit reports, which will show that you have violated the Fair Credit Reporting Act, Section 623 ( a ) ( 3 ) [ 15 USC 1681s-2 ] if you do not place the disclosure within the required ( 30 ) day period.

Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with legal counsel for suit. This includes any listing of any information to a credit-reporting repository that could be inaccurate or invalidated. If your offices have or continue to report invalidated information to any of the three major credit bureaus ( XXXX, XXXX, XXXX ), this action might constitute fraud under both federal and state laws and directly violate the Fair Credit Reporting Act. Due to this fact, if any negative mark is found or continues to report on any of my credit reports by your company or any company that you represent, I will not hesitate in bringing legal action against you for the following : Violation of the Fair Credit Reporting Act and Defamation of Character. 

I am sure your legal staff will agree that non-compliance with this request could violate Fair Credit Reporting Act, Section 623 ( a ) ( 3 ) - Responsibilities of furnishers of information to consumer reporting agencies [ 15 USC 1681s-2 ], putting your company in serious legal trouble with the FTC and other state or federal agencies.

All communications and omissions will be made part of and incorporated into any litigation arising from this matter. Failure to verify and validate the debt within thirty ( 30 ) days by signing the enclosed affidavit confirms that no further action will be taken and an absolute waiver of any right to collect the alleged debt. Furthermore all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. 

You must contact me in writing and request an extension in the event that you need more than thirty ( 30 ) days to verify and validate the debt. Failure to do so confirms that the time limit is reasonable.

This notice also constitutes a Notice to Cease Telephonic Communications. Non-compliance with this request will violate the Telephone Consumer Protection Act 47 USC 227.

NOTICE THIS IS NOT A REQUEST FOR CONFIRMATION THAT YOU HAVE A COPY OF AN AGREEMENT OR COPIES OF STATEMENTS. THIS IS A DEMAND FOR PROOF THAT YOU HAVE THE REQUISITE KNOWLEDGE OF THE FACTS, AND THAT THE ALLEGED CREDITOR PROVIDED ADEQUATE CONSIDERATION AND INCURRED A FINANCIAL LOSS UNDER THE FULL & COMPLETE ORIGINAL AGREEMENT.

Company response to consumer: Closed with non-monetary relief