Consumer complaint received 2025-03-14 00:00:00
Product: Debt collection — Credit card debt
Issue: False statements or representation — Attempted to collect wrong amount
Company: Westlake Services, LLC
State: FL

Complaint narrative:
I am writing to formally dispute the charge-off listed under account number [ XXXX ] and demand that you cease collection efforts until you can substantiate the validity of the debt. I am asserting my rights under the following applicable laws : 1. Fair Debt Collection Practices Act ( FDCPA ) 2. Fair Credit Reporting Act ( FCRA ) 3. Truth in Lending Act ( TILA ) 4. Uniform Commercial Code ( UCC ) 1. Fair Debt Collection Practices Act ( FDCPA ) Under the FDCPA, I request that you provide verification of the debt, including a copy of the original agreement or contract between the creditor and myself, any account statements showing the charges, and any documentation proving you are authorized to collect the debt. Please consider this a formal request for validation under 15 U.S.C. 1692g ( b ), which requires you to verify and validate the debt before taking further action. 
Until this validation is provided, I request that you cease all collection efforts, including reporting this account to credit bureaus, as required under 15 U.S.C. 1692g ( a ).

Additionally, I request that you provide proof that the debt has not already been paid off or settled. Specifically, I request any documentation that shows a balance is still due and that no prior payments or settlements have been made that would have extinguished this debt. 
2. Fair Credit Reporting Act ( FCRA ) Under the FCRA, I request that you review and investigate this account as it appears on my credit report. If the account is being reported inaccurately or without proper validation, I ask that it be corrected or removed within the required 30-day investigation period, as outlined in 15 U.S.C. 1681i.

If this account was reported to credit bureaus, I also request that you provide the name and contact information of the credit reporting agencies to which this account has been submitted. Additionally, if the charge-off is incorrect or the debt can not be verified, I request that this entry be corrected or deleted. 
3. Truth in Lending Act ( TILA ) Under the Truth in Lending Act ( 15 U.S.C. 1601 et seq. ), I request a full and accurate accounting of the charges, fees, and interest related to this account, including any evidence that these charges were properly disclosed and in compliance with the TILA. Please provide a complete breakdown of the original loan terms, APR, and any other fees assessed during the life of the account.

4. Uniform Commercial Code ( UCC ) Under the Uniform Commercial Code ( UCC ) guidelines, I request that you provide evidence that you have legal standing to collect the debt and enforce any judgment. This includes providing a copy of the original signed contract or agreement and any supporting documentation that proves your authority to collect on this debt, particularly if this debt was sold or assigned to your agency.

Additionally, I request that you provide proof that consideration or value was exchanged for the debt and that the company suffered an actual loss. 
Request for 1099-C Form As the debt has been charged off, I also request that you provide the IRS Form 1099-C ( Cancellation of Debt ), as required by the IRS Manual. The 1099-C should reflect the amount of debt that was discharged, which is critical for accurate reporting and tax purposes. According to the IRS Manual and 26 U.S.C. 6050P, you are required to issue this form if the debt has been written off or canceled.

Please provide the requested documentation within 30 days, as required under the FDCPA and FCRA, or I will assume the debt is invalid and will consider taking further action. Please note that failure to respond within the statutory time frame will be viewed as a violation of my rights under the relevant consumer protection laws. 
I also request that you refrain from reporting this account as a charge-off or collection on my credit report until this dispute is resolved. 
Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation