Consumer complaint received 2024-12-24 00:00:00
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt is not yours
Company: Servatus Corporation
State: FL

Complaint narrative:
This letter is in response to your continued attempts to collect on an alleged deficiency balance of {$6500.00} associated with a XXXX XXXX XXXX XXXX  financed through XXXX XXXX XXXX XXXX XXXX ( " XXXX '' ). I categorically dispute your claims and demand an immediate resolution, as outlined in this letter. 

Grounds for Dispute : 1. False Representation of Repossession : Your claim that the vehicle was repossessed is patently false and materially misleading. I voluntarily surrendered the vehicle to XXXX XXXX in XX/XX/XXXX. This distinction is critical under accounting and commercial principles, as repossession implies involuntary forfeiture and additional costs, whereas voluntary surrender does not. 

Furthermore, in your response through the Consumer Financial Protection Bureau ( CFPB ) portal, you falsely claimed that a collection notice was mailed to XXXX XXXX XXXX XXXX XXXX XXXXXXXX on or around XX/XX/XXXX. This is demonstrably false, as I have access to USPS Informed Delivery, which provides records of all mail received at that address. There is no evidence of such a notice ever being sent or received. These false representations are a blatant attempt to evade liability and deceive both myself and regulatory authorities.

2. Lack of Authorization for Account Transfer : Upon reviewing the Retail Installment Sales Contract ( RISC ), there is no explicit clause authorizing the sale, transfer, or assignment of the account to a third party, such as Credit Solutions Corporation. XXXX  law under XXXX XXXX. XXXX ( XXXX ) prohibits the transfer of accounts without the express written consent of the debtor. 

You can not provide any evidence of my consent to such a transfer, rendering your claim unenforceable. 

Additionally, you can not produce a contract between myself and Credit Solutions Corporation, as none exists. Without a contractual relationship, you lack the legal standing to pursue this debt.

3. Violation of Federal and State Laws : Your continued attempts to collect on this account, despite the absence of proper authorization and the use of false representations, constitute violations of the following : A. Fair Debt Collection Practices Act ( FDCPA ) : 15 U.S.C. 1692e prohibits false, deceptive, or misleading representations in connection with debt collection, and 1692f prohibits unfair or unconscionable means to collect or attempt to collect a debt.

B. Florida Consumer Collection Practices Act ( FCCPA ) : Fla. Stat. 559.72 prohibits attempts to collect debts without proper legal standing and the use of false information.

4. Truth in Lending Act ( TILA ) Violations : The Retail Installment Sales Contract failed to disclose any terms authorizing the sale or transfer of the account to a third party, violating 15 U.S.C. 1601 et seq. under TILA. Material omissions render the contract voidable and preclude any subsequent assignment.

Demands for Immediate Resolution To resolve this matter, I demand the following : 1. Payment of {$2000.00} : As settlement for your violations of the FDCPA and FCCPA, as well as the harm caused by your false statements and unauthorized account transfer, I demand immediate payment of {$2000.00}. This payment must be sent to : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX. Removal of Account from Credit Reporting Agencies : The account in question must be immediately removed from all credit reporting bureaus. You have no enforceable claim or valid contractual relationship to report this account.

3. Cessation of Collection Attempts : You must immediately cease all collection attempts and communications regarding this account. 

Failure to comply with these demands within 14 days will result in the following actions : Initiating legal action under the FDCPA ( 15 U.S.C. 1692k ) and FCCPA ( Fla. Stat. 559.77 ), seeking statutory damages, compensatory damages, attorneys fees, and court costs.

Pursuing remedies under the Truth in Lending Act for material omissions in the original contract.

Final Notice This matter is non-negotiable. The facts and law are on my side, and I will not tolerate further attempts to evade liability or shift the burden onto me. It is clear that you and XXXX XXXX have failed to meet your obligations under federal and state law. 

I strongly encourage you to act responsibly and resolve this issue promptly. It will be evident to any judge that I am correct, and your continued non-compliance will only exacerbate your liability. 
Let us resolve this matter professionally and efficiently. I look forward to receiving confirmation of the above resolutions without further delay. 

With all peace, love and prosperity. 

By : XXXX XXXX XXXX XXXX c/o XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX Contact via email only XXXX All Rights Reserved

Company response to consumer: Closed with explanation