Date Received: 2023-10-28
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Sworn Affidavit Validation of Debt Date- XX/XX/2023 Notice To Agent Is Notice To Principal Is Notice To Agent ( I am putting XXXX on Notice ) Account numbers- XXXX Dear XXXX XXXX XXXX XXXX XXXX You stated that I owe you an alleged debt that I would like to be validated under the UCC, FCRA, FCPCA as accurate and complete. 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies. ( a ) Duty of furnisher of information to provide accurate information ( 1 ) PROHIBITION ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. I am requesting a validation of debt request in accordance with 15 U.S. Code 1692g - Validation of debts. Which states ( a ) Notice of debt ; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumers written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. If you are not able to validate this debt under 15 U.S. Code 1692g ( b ) that states If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Under my God-giving rights under this sworn statement affidavit statement saying XXXX can verify I own this alleged debt with a signed contract with my two wet signatures and the promissory note with my signatures under the penalties of perjury in reference to my rights under the UCC Code 3-308. PROOF OF SIGNATURES AND STATUS AS HOLDER IN DUE COURSE. Which states ( a ) in an action with respect to an instrument, the authenticity of, and authority to make, each signature on the instrument is admitted unless specifically denied in the pleadings. If the validity of a signature is denied in the pleadings, the burden of establishing validity is on the person claiming validity, but the signature is presumed to be authentic and authorized unless the action is to enforce the liability of the purported signer and the signer is dead or incompetent at the time of trial of the issue of validity of the signature. If an action to enforce the instrument is brought against a person as the undisclosed principal of a person who signed the instrument as a party to the instrument, the plaintiff has the burden of establishing that the defendant is liable on the instrument as a represented person under Section 3-402 ( a ). In order to validate and verify this debt is mine under UCC Code 3-308 there has to be proof of my signature on the contract ( instrument ) you want to collect debt on. Under Title 15 - COMMERCE AND TRADE CHAPTER 41 - CONSUMER CREDIT PROTECTION SUBCHAPTER V - DEBT COLLECTION PRACTICES Sec. 1692g - Validation of debts, please provide me with ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumer 's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. ( 6 ) Bill of sale ( 7 ) Proof of Purchase ( 8 ) Accounting Record ( 9 ) Proof of Contract ( 10 ) Privacy Notice ( 11 ) Balance Sheet ( 12 ) Proper Service ( 13 ) Full Account Disclosure ( 14 ) Interest Rate Sheet ( 15 ) Sign authorized Charges Furthermore, please send a certified contract not a photocopy of the promissory note to validate that this account is mines and that you are able to report on my credit profile. Please validate that this is a true bill that owe to XXXX. A true bill according to black law dictionary is an agreement of a grand jury with a prosecuting attorney that an indictment needs to be made against the accused person. True bill is stamped on the document. Please also send a lawful contract signed by both parties which makes it binding between both parties. Stating that XXXX and I have given substance according you the contract law of 1872. Also send all validation of debt and all paperwork linked to the alleged accounts with XXXX from the alleged creditor. Please certify in a sworn affidavit under the penalties of perjury and color able law that all states of rebuttal to this sworn affidavit are true and correct to the best of your ability with your signed signature. Please send me copy of this sworn affidavit via receipt of this affidavit Please respond in 10 days or this affidavit will then become binding according to contract law of 1872. Furthermore, I will have an opportunity to cue and place a judgment on XXXX. If you fail to respond in 10 days I am going to presume the debt isn't true in the first place or it has already been paid in full I am respectfully requesting that if you can not provide the following information above that you delete and remove these accounts from my credit profile immediately. This inaccurate and untrue information is ruining my credit worthiness to purchase a home and under the United States Constitution my pursuit to happiness. To deny the procedure to discharge public debt is fraud, conspiracy, racketeering, collusion, theft of public funds, dishonor to commerce and a discharge must be granted to me according to the UCC CODE 9-406. DISCHARGE OF ACCOUNT DEBTOR ; NOTIFICATION OF ASSIGNMENT ; IDENTIFICATION AND PROOF OF ASSIGNMENT ; RESTRICTIONS ON ASSIGNMENT OF ACCOUNTS, XXXX XXXX, PAYMENT INTANGIBLES, AND PROMISSORY NOTES INEFFECTIVE. Please respond back in writing with another sworn affidavit since that is the proper way to rebut another affidavit under UCC Code Article XXXX. If you do not respond with the information requested I will have all grounds to sue for defamation of character under 15 USC Code 1681 s-2 ( b ) and 15 U.S. Code 168n- Civil liability for willful noncompliance. I will seek monetary damages from XXXX under the United States UCC laws if these accounts are not immediately removed from my credit profile.
Company Response:
State: GA
Zip: 30228
Submitted Via: Web
Date Sent: 2023-10-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-28
Issue: Problem with a purchase shown on your statement
Subissue: Credit card company isn't resolving a dispute about a purchase on your statement
Consumer Complaint: On XX/XX/XXXX I noticed a charge from door dash for {$96.00} on my XXXX XXXX cash back card. I called customer service to report the fraudulent charges. They reversed the charges and returned my {$96.00} back to my card. On XX/XX/XXXX I received a letter stating that they investigated the charged and determined it was my charge. I called 3 times to have this fraudulent charge removed to no avail. I called XXXX XXXX to get my {$96.00} back and because I don't have a XXXX XXXX account they were unable to refund the money and I would have to contact my credit card company.
Company Response:
State: LA
Zip: 70461
Submitted Via: Web
Date Sent: 2023-10-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-28
Issue: Fees or interest
Subissue: Problem with fees
Consumer Complaint: On XX/XX/2023, I got an email from XXXX informing me they were transitioning their financial services from XXXX to Comenity Capital Bank. Then, on XX/XX/XXXX, another email arrived, mentioning a new payment setup. Although the email stated that a letter containing my account number had been sent in XXXX, I never received it. When I called the provided contact number, an automated message simply told me to await the arrival of this letter. Finally, on XX/XX/XXXX, the letter arrived. To my dismay, I found a {$29.00} late fee on my account. I consider this practice unfair and predatory. I never requested the shift from XXXX XXXX to Comenity, and I was not alerted about a late payment either. Instead, I received aggressive calls from Comenity, from a blocked number, attempting to collect a debt. It wasn't until today that I got an email identifying itself as from a " debt collector. '' This entire situation is highly predatory and unjust, and I believe it should be illegal. The bank should offer a XXXX day grace period for customers to receive these letters, particularly given the known inefficiencies of the USPS. While the letter lacks a sent date, it's the only correspondence I've received regarding this change. Now I find out my payment is due on the XXXX.
Company Response:
State: DE
Zip: 19805
Submitted Via: Web
Date Sent: 2023-10-28
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-28
Issue: Problem with a company's investigation into an existing problem
Subissue: Was not notified of investigation status or results
Consumer Complaint: On XXXX I send a request letter to Comenity for a copy of original agreement, I received no response. Plus the bureaus report one month of payment history, I believe this is wrong.
Company Response:
State: KY
Zip: 403XX
Submitted Via: Web
Date Sent: 2023-10-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-27
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: In accordance with the Fair Credit Reporting Act, this creditor has violated my rights. Under 15 USC 1681 Section 602 states I have the right to privacy. 15 USC 1681 section 604A Section 2 also states a consumer reporting agency can not furnish an account without my written instructions. Under 15 USC 1666 B, a creditor may not treat a payment on a credit card account under an open-end consumer credit plan, as late for any purpose.
Company Response:
State: CT
Zip: 06067
Submitted Via: Web
Date Sent: 2023-10-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-27
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: In accordance with the fair credit Reporting act XXXX Account, XXXX # XXXX, has violated my rights. 15 USC 1681 Section 602 States I have the right to privacy. 15 USC 1681 Section 604 A Section 2 : I also states a consumer reporting agency can not furnish an account without my written instructions. 15 USC 1666B : A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose.
Company Response:
State: CA
Zip: 93551
Submitted Via: Web
Date Sent: 2023-10-27
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-27
Issue: Fees or interest
Subissue: Problem with fees
Consumer Complaint: CALIFORNIA SECRARY OF STATE ( COMENITY SERVICING LLC ( # XXXX ) Comenity Bank XXXX XXXX XXXX XXXX XXXX, XXXX, OH XXXX ( XXXX ) XXXX Description of complaint : I had a balance was {$1600.00} on my Victoria Secrets credit card. I paid off the account with 2 payments on XXXX for {$900.00} & {$780.00} totaling {$1600.00} inside a store location with cash. I got the statement today ( XX/XX/ ) and it shows that this business still charged me interest of {$19.00} even though the account was paid off prior to the interest occurring XXXX This is an erroneous charge. XXXX XXXX XXXX Complaints ; XXXX complaints closed in last 3 years 2,148 complaints closed in last 12 months Other Complaints Filed ; XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Other Complaints Filed - California State Attorney Generals Office XX/XX/
Company Response:
State: CA
Zip: 92571
Submitted Via: Web
Date Sent: 2023-11-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-27
Issue: Fees or interest
Subissue: Charged too much interest
Consumer Complaint: What they did to me in XX/XX/2023 is an abuse. I made the payment for the bill I received, but later I found out that I had a balance of {$2.00}. I disputed the charges they added, but they never responded. Instead, they closed the account without resolving my request. Months later, it turns out I owe them more than {$140.00}, and they never addressed my complaint. Upon discovering this, I felt compelled to pay because I didn't want any blemishes on my credit report. Now, it turns out that despite having made the payment, they have reported late payments that I was unaware of. Despite having paid all those fees, I find myself doubly impacted by the negative marks. I've been researching, and this is considered predatory interest.
Company Response:
State: MN
Zip: 55337
Submitted Via: Web
Date Sent: 2023-10-27
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-28
Issue: Fees or interest
Subissue: Problem with fees
Consumer Complaint: Around XXXXXXXX XXXX, I spoke with a representative who agreed to process a waiver for a {$30.00} late fee. I also asked for a replacement card to be sent because I never received the initial card. On XX/XX/, I received a text notification indicating a balance of {$62.00}. I called customer service and was told the representative did not process the waiver, resulting in another {$30.00} late fee and an additional {$2.00} interest fee. A supervisor waived one of the late fees, but the company refuses to waive the other late fee, despite the generation of the second late fee being due to a failure on behalf of their employee.
Company Response:
State: IN
Zip: 46220
Submitted Via: Web
Date Sent: 2023-10-28
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-28
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: This account is a charged off account on my credit report. I do not have any knowledge of these accounts. According to : 15 U.S.C 1681 ( e ) ( b ) Accuracy of report Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. 15 U.S.C 1681s ( a ) ( 1 ) ( a ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.
Company Response:
State: LA
Zip: 705XX
Submitted Via: Web
Date Sent: 2023-10-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A