Consumer complaint received 2024-11-14 00:00:00
Product: Debt collection — Other debt
Issue: Took or threatened to take negative or legal action — Sued you without properly notifying you of lawsuit
Company: Upstart Holdings, Inc.
State: SC

Complaint narrative:
XXXX XXXX XXXX, is suing me for an alleged debt I do not owe them. My original creditor has charged and written off this debt. No where in my original contract did I read that this debt can be sued for, in fact I never went through mediation with the original creditor nor was it offered by XXXX XXXX XXXX. I requested on plea paperwork a motion for discovery the following items within 30 days : 1. Master purchase agreement - showing contract governing the assignment or sale of the alleged debt. This is warranted to confirm the right to sue as I never was given an opportunity to go through mediation or was offered.

2. Signed contracts - all signed contracts or agreements between myself and the original creditor or between myself and their agency.

3. Affidavit of responsibility - signed affidavit sworn under penalty of perjury by the individual who is personally responsible for the daily accounting and maintenance of this particular account, attesting to the accuracy and completeness of the account records. 

4. Original Credit Agreement - original credit agreement or any document evidencing the credit relationship between myself and the original creditor.

5. Validation of debt - validation of debt including any calculations correspondence or proof of debt amount.

6. Documents evidencing charge-off or written off debt by original creditor, including relevant account statements.

7. All documents showing assignment or transfer of debt from the original creditor to the plaintiff. 

XXXX. Communication records- showing communication between myself and upstart and myself and XXXX XXXX XXXX including any including letters, emails, phone call logs. 

9. Internal notes - internal notes, memos, or records maintained by your agency relating to this accounts history.

10. Documentation of the plaintiffs authority to bring the current lawsuit, including any agreements or assignments. 

I also requested for interrogatories. 

XXXX. Identify the date in which the plaintiff acquired the debt in question and the source from which it was acquired. 

XXXX. Provide a full chain of title for the debt from the original creditor to the plaintiff. 

XXXX. State whether the plaintiff has any records showing the debt was ever charged off or written off by the original creditor. 

Additionally, all documents were requested in good faith and I have yet to receive a response from XXXX XXXX, XXXX and will now have to go to court soon. I asked for these documents because I understand the laws that protect me especially the The FDCPA is the fair debt collection practices act, which is a federal law generally requires debt collectors to provide clear and accurate information about the debt, which could be interpreted to necessitate details beyond a simple Bill of sale and effectively requires aspects of the purchase agreement to demonstrate the debts origin & ownership of transfer. 

Without all of the requested information what XXXX XXXX XXXX is doing can be seen as a direct violation of my rights under the FDCPA. If the said purchase agreement can not be provided, after it is mentioned in the bill of sale I can only assume XXXX XXXX XXXX is intentionally not providing the requested document as they have no true legal right to sue or collect.

Company response to consumer: Closed with explanation