Consumer complaint received 2024-12-05 00:00:00
Product: Debt collection — Other debt
Issue: False statements or representation — Told you not to respond to a lawsuit they filed against you
Company: UPGRADE, INC.
State: TX

Complaint narrative:
DEBT BUYER XXXX XXXX XXXX XXXX. 
VIOLATING THE FAIR DEBT COLLECTION PRACTICE ACT 15 U.S.C. 1692e. 807 FALSE AND MISLEADING REPRESENTATION SUING DEFENDANT IN THE NAME OF ORIGINAL CREDITOR : I. INTRODUCTION 1. Plaintiff, XXXX XXXX XXXX XXXX, serviced by XXXX XXXX, has filed a Motion for Summary Judgment seeking to recover the alleged debt owed by the Defendant on a loan agreement based on the fact that there are no genuine issues of material fact and that Plaintiff is entitled to judgment as a matter of law. 

2. Defendant respectfully opposes the Motion for Summary Judgment, as there are genuine disputes regarding the material facts including Plaintiffs legal standing to bring this suit against the Defendant due to ownership rights to the debt and current litigation is prohibited by the Fair Debt Collection Practices Act 15 U.S.C. 1692e. 807 False or misleading representation.

II. FACTUAL BACKGROUND On XX/XX/XXXX, Defendant executed a personal loan agreement with XXXX XXXX, and funded by XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX, XXXX XXXX, New Jersey XXXX, in the amount of {$12000.00}, with obligatory monthly payments of {$290.00} to be paid for a term of 60 months and first payment being due on XX/XX/XXXX. 

Around XXXXXXXX XXXX XXXXXXXX Defendant defaulted on the loan due to an ongoing financial hardship as the result of job loss in late XXXX and then assuming caretaking duties for a family member. On or around late XX/XX/XXXX, XXXX XXXX reported the account for the loan as a charged off debt to the Credit Bureaus and subsequently sold the debt to XXXX XXXX XXXX XXXX, on XX/XX/XXXX. 

On XX/XX/XXXX, Plaintiff, XXXX XXXX XXXX XXXX, who is not a party to the lending agreement, served debt collection lawsuit on Defendant. 

Genuine Issues of Material Fact Exist Regarding the Validity of Ownership of the Debt Plaintiffs, XXXX XXXX XXXX XXXX, standing to bring debt collection litigation against the Defendant is prohibited by the Fair Debt Collection Practices Act 15 U.S.C. 1692e. 807 False or misleading representation as follows : a. Plaintiffs evidence in the form of the loan agreement Section 1. Promise to Pay : Parties to the Loan Agreement are the Defendant and the lender XXXX XXXX XXXX. Plaintiff is not a party to the loan agreement and has no standing to engage in the collecting of the Defendants debt. 

b. When Plaintiff, XXXX XXXX XXXX XXXX, serviced by XXXX XXXX XXXX, filed this suit with the XXXX XXXX XXXX XXXX it had no legal standing to do so. The Defendants loan debt through XXXX XXXXXXXX, was charged off and subsequently sold to XXXX XXXX XXXX XXXX XXXX on XXXX, XXXX, XXXX, six months prior to the filing of the suit against the Defendant. 

c. On XX/XX/XXXX, Defendant received an email from XXXX XXXX XXXX, XXXX Director of Recovery Operations, advising Defendant to call XXXX XXXXXXXX XXXX 

d. Based off email communications with XXXX XXXX and XXXX, Defendant believes that the XXXX XXXX XXXX in conjunction with XXXX is engaging in unfair debt collection practices prohibited by the Fair Debt Collection Practices Act 15 U.S.C. 1692e. 807 False or misleading representation.

Company response to consumer: Closed with explanation