Consumer complaint received 2025-10-27 00:00:00
Product: Debt collection — I do not know
Issue: Written notification about debt — Didn't receive notice of right to dispute
Company: Monterey Financial Services LLC
State: TX

Complaint narrative:
XXXX XXXX XXXX XXXX XXXXXX/XX/XXXXRe : Account Referenced as Collection Account with Balance of {$8100.00} ; Original Creditor : XXXX XXXX XXXX XXXX ; Reported XX/XX/XXXX ; Notice to Cease and Desist All Debt Collection Activities, Communications, and Reporting Pursuant to FDCPA, FCRA, and Applicable UCC Provisions To Whom It May Concern : I am writing to formally demand that Monterey Financial Services, its agents, employees, successors, and assigns immediately cease and desist all collection activities, communications, and reporting related to the above-referenced alleged debt in the amount of {$8100.00}, originally fromXX/XX/XXXXXXXX XXXX This demand is made pursuant to my rights under the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692 et seq. ; the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq. ; and relevant provisions of the Uniform Commercial Code ( UCC ), including but not limited to UCC 1-308 ( performance or acceptance under reservation of rights ) and UCC 3-602 ( payment/discharge of instruments ).

Factual Background and Violations 1. Misrepresentation and Deceptive Practices ( FDCPA Violations, 15 U.S.C. 1692e ) : A representative of Monterey Financial Services explicitly admitted to me that your company engaged in misleading tactics to gain business, including false representations about the nature, amount, and validity of this alleged debt, only to provide no assistance or resolution thereafter. Such conduct constitutes false, deceptive, or misleading representations in connection with debt collection, in direct violation of 15 U.S.C. 1692e ( 2 ) ( A ) ( false representation of the character, amount, or legal status of any debt ), 1692e ( 5 ) ( threat to take action that can not legally be taken or is not intended to be taken ), and 1692e ( 10 ) ( use of any false representation or deceptive means to collect or attempt to collect any debt ). These actions were designed to induce payment through fraud and have caused me significant harm, including emotional distress and financial injury.

2. Unauthorized Transfer and Disclosure of Personal Information ( FCRA Violations, 15 U.S.C. 1681b and 1681s-2 ) : My personal and financial information was transferred and reported to Monterey Financial Services and subsequent third-party entities without my consent or a permissible purpose under the FCRA. As a consumer reporting user, you are required to have a legitimate business need and certification of permissible purpose before accessing or furnishing consumer report information ( 15 U.S.C. 1681b ( a ) ( 3 ) ). Furthermore, as a furnisher of information to consumer reporting agencies ( e.g., XX/XX/XXXX), you violated 15 U.S.C. 1681s-2 ( a ) and ( b ) by reporting inaccurate and disputed information without conducting a reasonable investigation. The account has been marked as Consumer disputes this account information on myXX/XX/XXXX credit report, yet the balance continues to increase erroneously ( from an original {$7000.00} to {$8100.00} ), and reporting persists despite the account being closed. This unauthorized and inaccurate reporting has damaged my creditworthiness. 
3. Failure to Validate Disputed Debt and Illegal Collection Attempts ( FDCPA Violation, 15 U.S.C. 1692g ) : I dispute the validity of this entire alleged debt, which stems from a scam perpetrated by the original creditor, XXXX XXXX XXXX XXXX, from which I was defrauded of funds. Pursuant to 15 U.S.C. 1692g ( a ), I hereby exercise my right to refuse payment on this disputed debt until it is fully validated. You have failed to provide the required validation notice within five days of initial communication and have continued collection efforts without verification. No payments shall be made or applied to this disputed debt, as prohibited under FDCPA guidelines and 15 U.S.C. 1692g ( b ) ( cessation of collection during validation period ). Your continued attempts to collect, including reporting to credit bureaus, violate this section.

4. Reservation of Rights Under UCC : All prior communications and any purported agreements regarding this matter are accepted only under protest and reservation of all rights pursuant to UCC 1-308, without prejudice to any legal remedies. I refuse to waive any defenses or claims, including those related to the fraudulent origination of the debt. 
This alleged debt was opened on XX/XX/XXXX, reported as past due in the amount of {$7900.00} as of XX/XX/XXXX, and marked as closed with an unpaid balance that has since escalated without justification. The 24-month payment history shows no activity warranting this increase, confirming the inaccuracies and illegal tactics employed.

Demands You are hereby demanded to : 1. Immedia
tely cease all oral, written, electronic, or third-party communications with me, my family, friends, employer, or any other persons regarding this alleged debt, pursuant to 15 U.S.C. 1692c ( c ). Post this notice, any further contact is strictly limited to confirming cessation of collection or notifying me of specific remedi
es ( e.g., lawsuit ).

2. Cease all collection activities, including but not limited to calls, letters, emails, and any attempts to induce payment through misrepresentation.

3. Within 30 days, provide full validation of the debt as required by 15 U.S.C. 1692g, including proof of assignment from the original creditor, itemized accounting, and evidence that the debt is not time-barred. Failure to validate will result in permanent cessation of all claims.

4. Immediately delete all references to this account from my credit reports withXX/XX/XXXXand XX/XX/XXXX and instruct all third parties to whom you disclosed this information to do the same, pursuant to FCRA 1681i ( a ) ( 5 ) and 1681s-2 ( b ). Provide written confirmation of such deletions within 30 days.

5. Cease any further transfer, sale, or disclosure of my personal information to third parties without express written consent, in violation of FCRA permissible purpose requirements.

6. Provide written confirmation within 10 days that you have fully complied with this notice.

Consequences of Non-Compliance Non-compliance with this cease and desist notice will result in immediate legal action against Monterey Financial Services, including but not limited to : * Filing a lawsuit under the FDCPA for statutory damages up to {$1000.00} per violation, actual damages, and attorneys fees ( 15 U.S.C. 1692k ). 
* Pursuing claims under the FCRA for willful noncompliance, including statutory damages up to {$1000.00}, actual damages, punitive damages, and attorneys fees ( 15 U.S.C. 1681n ).

* Reporting violations to the Consumer Financial Protection Bureau ( CFPB ), Federal Trade Commission ( FTC ), California Attorney General, and other regulatory bodies. 
* Seeking injunctive relief and all available remedies for the fraudulent and deceptive practices admitted by your representative. 
This letter serves as formal notice of these violations and my intent to enforce my rights vigorously. I reserve the right to amend this demand as additional facts come to light. 
Thank you for your immediate attention to this matter. Govern yourselves accordingly. 

Subject : Cease and Desist Misrepresentation, Illegal Debt Collection, and Unauthorized Data TransferAccount Number : XXXX Dear Monterey Financial, Pursuant to the Fair Debt Collection Practices Act ( FDCPA ), Fair Credit Reporting Act ( FCRA ), Uniform Commercial Code ( UCC ), and U.S. Code, I demand that you immediately cease and desist all collection activities related to the alleged debt of {$8100.00} ( originally {$7000.00} ) with Monterey Financial and XXXX XXXX XXXX XXXX, as well as any unauthorized transfer of my personal information to third parties. 
On or about XX/XX/XXXX, a representative of XXXX XXXX XXXX XXXX misled me with false promises to resolve this debt, inducing me to engage their services, which resulted in no assistance and financial loss. This constitutes deceptive practices under FDCPA 1692e, prohibiting false or misleading representations in debt collection. Additionally, your transfer of my personal information to third parties without my consent violates FCRA 1681b, which restricts the permissible use of consumer reports. The increasing balance on a purportedly closed account further suggests fraudulent reporting, breaching FCRA 1681s-2 ( b ) and UCC 2-302 ( unconscionable contracts ). 
Under 15 U.S.C. 1692c ( c ), I demand you cease all communications regarding this debt. I dispute the validity of this debt under FDCPA 1692g ( b ) due to misrepresentation and lack of verification. Furthermore, pursuant to 15 U.S.C. 1666b ( Billing Error Resolution ), I refuse to pay this debt due to fraudulent inducement and unauthorized charges. Any continued collection efforts or data sharing will be considered willful noncompliance, subjecting you to liability under FDCPA 1692k and FCRA 1681n. You are directed to : 1. Cease all collection activities and communications. 2. Stop transferring my personal information to third parties. 3. Correct inaccurate reporting to credit bureaus within 30 days, as required by FCRA 1681i.

4. Provide written confirmation of compliance within 14 days.

Failure to comply will result in complaints to the Consumer Financial Protection Bureau, Federal Trade Commission, and potential legal action for damages. 
Sincerely, I was not in my right state of mind and was mislead

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation