Complaints

• Initial Complaint

  10/03/2023

  Complaint Type:

  Billing Issues

  Status:

  Unanswered

  More info

  I'm deeply concerned by the lack of action taken to address this issue. The stated amounts of $21,246.83 and $1,909.99 exhibit significant discrepancies, which are clear violations of federal regulations. Here are the relevant laws and my actions: 15 U.S.C. § 44 (as defined in IRS Publication 583) mandates an explanation and resolution of billing statement issues. I request access to the account's journal, credits, ledger, and debits to verify the accounting and taxes. According to 15 U.S.C. § 1666d, any credit balance exceeding $1, as described in IRS Publication 583, must be promptly credited to me, the consumer, by check. This is a formal request under 15 U.S.C. § 1666(b)(2) to provide documentary evidence, including books of account per 15 U.S.C. § 44. Under Title 15 U.S.Code § 1666(e), the creditor must legally forfeit all rights to collect past, present, and future disputed amounts when resolving this billing error. I invoke my consumer right under 12 CFR 1026.13d(1) to withhold all disputed amounts and hold the creditor liable as per 15 U.S.Code § 1693m. 12 CFR 1026.13d(3) prohibits the creditor from accelerating indebtedness or restricting/closing my account solely because I've exercised my rights under this section, with penalties under 15 U.S.C. § 1666(e) for non-compliance. Compliant with Regulation B 12 C.F.R Subpart B "Requirements Remittance Transfers," I've made a genuine attempt to settle the disputed amount, which was shockingly rejected. This results in a discharge of the obligation per UCC § 3-603. Under 18 U.S. Code § 8 - Obligation or Other Security of the United States, the term encompasses various financial instruments relevant to this dispute, emphasizing the seriousness of non-compliance. Additionally, I've sent a registered mail notice of tender and notice of acceptance with an affirmation of service on August 24, 2023 (registered mail numbers ********************** and **********************), which were received on August 30th, 2023.

  Customer response

  10/04/2023

  These are additional files. These were also sent to the company.

  Customer response

  10/05/2023

  These discrepancies, regrettably, appear to contravene critical federal regulations. In my pursuit of resolution, I assert my rights while upholding the principles of the law.
  
  To start, we find guidance in UCC § 1-105, where the principle of severability ensures that the validity of other provisions remains intact, even if specific provisions are deemed invalid under certain circumstances.
  
  Moving forward, let us consider the definitions provided by the Uniform Commercial Code:
  
  UCC 1-201(15) defines "Delivery" as the voluntary transfer of possession.
  UCC 1-201(21) elaborates on the term "Holder," delineating criteria based on possession and instrument characteristics.
  UCC 1-201(24) offers insight into the concept of "Money," encompassing mediums of exchange authorized by government, including international agreements.
  Within the framework of UCC § 3-203, we examine the rules governing the transfer of instruments and the rights acquired through such transfers. This is followed by an exploration of UCC § 3-602, which addresses the critical element of payment in the context of financial instruments.
  
  Moreover, UCC § 3-603 outlines the procedures for the tender of payment under a simple contract, reflecting the cooperative nature of transactions in commerce.
  
  In the realm of securities and financial assets, UCC § 8-103 establishes rules for the determination of certain obligations and interests. This brings a layer of clarity to complex financial matters.
  
  UCC § 8-501 is especially relevant, dealing with the acquisition of a security entitlement from a securities intermediary, underlining the importance of proper procedures in financial transactions.
  
  While these laws provide a sturdy legal foundation, I also draw attention to UCC § 4-402, which defines a bank's liability to a customer for wrongful dishonor and the time frame for determining insufficiency of an account.
  
  Additionally, UCC § 3-302 outlines the concept of a holder in due course, elucidating the rights and responsibilities associated with such a status.
  
  Lastly, we come to UCC § 3-505, which deals with the evidence of dishonor, shedding light on the procedural aspects of addressing payment-related issues.
  
  In presenting this comprehensive overview of applicable laws, I emphasize my commitment to a diplomatic and cooperative approach to resolve the discrepancies at hand. It is my belief that through adherence to these legal principles and open communication, a mutually agreeable resolution can be achieved.

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