Consumer complaint received 2024-05-09 00:00:00
Product: Debt collection — I do not know
Issue: Written notification about debt — Didn't receive enough information to verify debt
Company: National Collection Systems, Inc.
State: GA

Complaint narrative:
Pursuant to the Fair Debt Collection Practices Act. 15 U.S.C. 16011692 et. seq., this constitutes timely written notice that I dispute the entire amount of the alleged loan and that 1 decline to pay the attached, erroneous, purported debt Notice which is unsigned and unattested and which I discharge and cancel in its entirety, without dishonor, on the grounds of breach of contract, false representation, and fraud in the inducement. 

You have refused to answer my Notice of Adequate Assurance of Due Performance, thus ending the alleged agreement and giving me evidence that the you did not follow GAAP. According to the bookkeeping entries, the borrower provided the money or credit, a thing of value, to fund the alleged loan or check or similar instrument in question. Failure to answer my Notice of Adequate Assurance of Due Performance tells me that you acknowledge the 1 funded the alleged loan and the loan agreement was stolen and forged, thus ending any claim you have against me.

15 U.S.C. 1692 ( e ) states that a false, deceptive, and misleading representation in connection with the collection of any debt. includes the false representation of the character or legal status of any debt and further makes a threat to flag any action that can not legally be taken as a deceptive practice. 

Such agreement omits information, such as vital citations, which should have been disclosed, disclosing the agencys jurisdictional and statutory authority. Said agreement further contains false, deceptive, and misleading representations and allegations intended to intentionally pervert the truth for the purpose of inducing one, in reliance upon such, to part with property belonging to them and to surrender certain substantive legal and statutory rights. To act upon this agreement would divest one of his/her property and their prerogative rights, resulting in a legal injury.

Pursuant to 15 U.S.C. 1692 ( g ) ( 4 ) Validation of Debts, if you have evidence to validate your claim that the attached presentment of yours does not constitute fraudulent misrepresentation and that one owes this alleged debt, this is a demand that, within thirty ( 30 ) days, you provide such validation and supporting evidence to substantiate your claim. Until the requirements of the Fair Debt Collection Practices Act have been met and your claim is validated, you have no authority to continue any collection activities. 

This is Actual Notice that absent the validation of your claim within thirty ( 30 ) days, you must cease and desist any and all collection activity and are prohibited from contacting me, through the mail, by telephone, in person, at my home, or at ray work. You are further prohibited from contacting my employer, my bank, or any other third party. Each and every attempted contact, in violation of the Fair Debt Collection Practices Act, will constitute harassment and defamation of character and will subject your agency and/or board and any and all agents in his/her/ their individual capacities who take part in such harassment and defamation, to a liability for statutory damages, of up to {$1000.00}, and possibly a further liability for legal fees to be paid to any counsel which I XXXX retain. Further, absent such validation of your claim, you are prohibited from filing any notice of lien and/or levy and are also barred from reporting any derogatory credit information to any credit reporting agency, per the Fair Credit Billing Act, regarding this disputed, purported debt.

Further, pursuant to the Fair Debt Collection Practices Act, 15 U S.C. 1692 ( g ) ( 3 ), as you are merely an 'agency or board, acting on someone elses behalf, this is a demand that you provide the name and address of the original principal or holder in due course for whom you are attempting to collect this debt together with your affidavit of assignment, power of attorney, and certification of your license.

Again, pursuant to The Fair Debt Credit Collection Practices Act 809. Validation of Debts 1 15 USC 1692gJ subsection ( b ) attached ), and as referenced in your correspondence verification within 30 days to the address below : Verification requires Confirmation of correctness, truth, or authenticity by affidavit, oath or deposition. In accounting, [ it is ] the process of substantiating entries in books of account ( Blacks Law Dictionary, Sixth Edition see attached ). This verification should include, but not be limited to, signing the enclosed affidavit verifying the terms and conditions of the alleged loan and answers to the following list of questions : 1. According to your understanding of the alleged agreement, is the written agreement, by the terms used within it, defining terms of a loan or an exchange of equal value for equal value?

2. According to your understanding of the alleged agreement, if I charge {$400.00} to the credit card, does the credit card company loan me other peoples {$400.00}?

3. According to your understanding of the alleged agreement, if 1 charge {$400.00} to my credit card, does the credit card company not lend me other peoples money, record the {$400.00} charged on the credit card company as a {$400.00} asset with a newly created {$400.00} liability on the credit card companys accounting books, and then transfer this liability to the store that I charged the {$400.00} to so I receive {$400.00} of merchandise?

4. If {$400.00} was loaned to the credit card company, would the credit card companys assets and liabilities increase by {$400.00}?

5. If the credit card company stole {$400.00} from me and recorded the stolen {$400.00} on the accounting books and records of the credit card company, would the credit card assets or liabilities or capital increase by {$400.00}?

6. According to your understanding of the alleged agreement, if I charged {$400.00} to my credit card, does the credit card company receive a {$400.00} asset from me for free and return the value of this same {$400.00} asset back to me as a loan from the credit card company, and this loan pays for the merchandise I bought using my credit card?

7. According to your understanding of the alleged agreement, does the credit card company charge interest to me for the use of an asset that the credit card company loaned to me and that existed before I charged the {$400.00} to the credit card?

8. According to your understanding of the alleged agreement, if John Doe uses his credit card to charge {$400.00}, according to the credit card companys bookkeeping entries, is XXXX XXXX also, at the same time, the lender or creditor to the credit card company in the amount of {$400.00}?

9. Does the credit card company comply to the Federal Reserve Banks policies and procedures when issuing credit and charging interest to customers of the credit card company when the customer uses the credit card to buy merchandise? 

1 0. Is it the credit card companys policy to deny equal protection under the law, money, credit, agreement or contract to the users of their credit cards?

1 1. According to the credit card companys bookkeeping entries, if the credit card company paid its debt associated with granting loans, could it pay the debt that the Borrower allegedly owes the credit card company?

12. According to your credit card companys policy, did the Borrower provide the credit card company with an asset and the credit card company returned the value of that asset back to the same Borrower calling it a loan?

13. According to the credit card companys policy, does the credit card company act like a moneychanger, receiving an asset from the Borrower and returning the value of the asset back to the same Borrower and charging the borrower as if there was a loan?

14. What are all of the bookkeeping entries related to, and associated with, the credit card transactions for this credit card account?

15. According to the alleged agreement, was the Borrower to loan anything to the credit card company?

16. According to the written agreement, was the Borrower to give the credit card company anything of value of which caused the credit card companys liabilities to increase by the amount of what the credit card company received?

17. According to your understanding of the alleged agreement, was there to be an exchange of equal value for equal value between the credit card company and the Borrower?

18. According to your understanding of the alleged agreement, was there to be an exchange from the Borrower?

19. If the credit card company is complying with the Federal Reserve Banks policies and procedures when issuing credit and charging interest, is the borrowers transaction account credited for the amount borrowed and is that the matching liability for the amount that is debited to the banks asset account? ( Federal Reserve Bank of XXXX, Modem Money Mechanics, p. 6, and Two Faces of Debt, pp 17-19 ) customer 's deposit of checks or currency in the bank " ( Federal Reserve Bank of XXXX , Two Faces of Debt, p 19 ), does that mean that the credit card company owes the Borrower for the deposits made in connection with credit card loan transactions? ( Emphasis added ] 21. When granting loans, if the credit card companys liabilities did not increase, would the bank be in violation of the Federal Reserve Banks policies and procedures? ( Federal Reserve Bank of XXXX, Modern Money Mechanics, p. 6, and Two Faces of Debt, pp 17-19 If the credit card company does not repay a deposit created through lending, would it be in violation of the Federal Reserve Banks policies and procedures? ( Federal Reserve Bank of XXXX Modern Money Mechanics, p. 6, and Two Faces of Debt, pp 17-19 ) 23. When a loan is not repaid, is the one who funded the loan damaged?

24. When the credit card company does not repay, upon demand, the deposit made by the Borrower, does it show that the policy and intent of the credit card company is to deny equal protection of the agreement, law, and credit to the Borrower?

25. When the credit card company does not reveal the substance of the transaction in the loan agreement to the Borrower, does it show that the policy and intent of the credit card company is to deny full disclosure of the terms of the loan agreement to the Borrower?

26. Do the Generally Accepted Accounting Principles ( GAAP ), the Generally Accepted Auditing Standards ( GAAS ), the Audit Reports, the Auditor 's Working Papers, the Call Reports, and the credit card companys financial statements ( that are related to and associated with the loan transaction ) reveal the substance of the loan agreement? 

27. If the substance of the alleged loan agreement does not match the written form of the agreement, does it significantly change the cost and the risk of the written agreement?

28. Is full disclosure of material facts essential to a valid contract in order to have a mutual agreement?

29. In your opinion, is it material or important to know which party is to fund the loan in order to know who is damaged if the loan is not repaid?

30. In your opinion, do you believe the Borrower intended to provide the consideration to fund the credit card loan?

31. If die credit card company did not risk any of its assets at any time regarding the written agreement, was this material fact ever disclosed to the Borrower?

32. In your opinion, if An unconscionable bargain or contract is one which no man in his senses, not under delusion, would make, on the one hand and which no fair and honest man would accept on the other.. .fit is ] usually held to be void as against public policy. '' ( Blacks Law Dictionary, 6th Edition ), would a loan agreement that takes the Borrowers assets as the funding for a loan back to the Borrower, then requires that the Borrower pay back that loan with interest to a third party, and then does not require the repayment of the Borrowers funds back to the Borrower, be an agreement dial is unconscionable?

33. According to your understanding of the alleged agreement, if the Borrower was to provide the funds for the loans for the credit card account, would the alleged agreement, in your opinion, be unconscionable as defined in Blacks Law Dictionary?

34. In your opinion, if a signature is the act of putting ones name at the end of an instrument to attest to its validity ( Blacks Law Dicuonary, 6th Edition ), then could that signature be valid if the instrument itself is an unconscionable bargain or contract? 

35. Did the credit card company actually gain title to any debt instrument ( credit card slip ) that the Borrower signed and gave to the merchant for die merchandise received?

36. Do you have personal knowledge that the credit card company provided 'full disclosure of all of the terms of the agreement?

37. Do you have personal knowledge that the credit card company disclosed to the Borrower the requirements of Federal Reserve Policies and Procedures and the Generally Accepted Accounting Principles ( GASP ) imposed upon all Federally-insured ( FDIC ) banks by Title 12 of the United States Code , section 1831 ( h ) ( a ), that prohibit them from lending their own money from their own assets oi tiom other depositors? Was it disclosed where the money for the alleged loan was coming from? 

38. Do you have personal knowledge that the credit card company disclosed that the contract the Borrower signed ( the promissory note ) was going to be converted into a negotiable instrument, by the credit card company and become an asset on the credit card companys accounting books? Did the credit card company disclose this information to the Borrower including that the signature on that note made it money, according to the Uniform Commercial Code ( UCC ), sections 1-201 ( 24 ) and 3-104?

39. Do you liave personal knowledge that the credit card company disclosed that the Borrowers contract or promissory note ( money ) would be taken and recorded as an asset of the credit card company without valuable consideration given to obtain the note?

40. Do you have personal knowledge that the credit card company gave the Borrower a deposit slip as a receipt for the money the Borrower gave them, just as a bank would normally provide when making a deposit to a bank?

4 1. Since, pursuant to UCC 3-308, the burden of proof is on the party claiming under the signature, do you have personal knowledge of the validity of the signature on the alleged agreement if it is denied 126 in the lawsuit pleadings based upon answers to above questions?

42. Since, pursuant to UCC 3-602 ( b ) ( 2 ), the obligation of a party to pay an instrument is NOT discharged if the person making the payment knows that the instrument is stolen, do you have personal knowledge that the instrument is or is NOT stolen?

You should be aware that sending unsubstantiated demands for payment through the United States mail system might constitute mail fraud under federal and state law. You may wish to consult with a competent legal advisor before your next communication with me.

Your failure to respond on-point within 30 days to satisfy this request within the requirements of the Fair Debt Collection Practices Act will be construed as your absolute waiver of any and all claims against me and your tacit agreement to compensate me for costs and legal tees. 

Sincerely, XXXX XXXX enclosures : The Fair Debt Collection Practices Act Verification definition in Blacks Law Dictionary. Sixth Edition Unconscionable definition in Blacks Law Dictionary,

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