Complaint #1 Against Action Financial Services LLC False Advertising and Breach of Contract (with Better Business Bureau)

For over 5 years I have had to dispute with the Department of Education an internal record making, usage and enforcement case. The Department of Education claims that I owe student loans, except that there is a problem with this claim – the loans do not exist. The Department of Education’s claims and demands are not based on actual student loan lending and borrowing transactions. Instead, the demands are based on internal records which, apparently, were created after I graduated from college. Accordingly, the Department of Education has been unable to validate its monetary demands. However, despite of that, the Department of Education authorizes collection agencies that work as its business partners to make monetary demands, while the Department of Education employees are fully aware that they have not validated the monetary demands.

Further, here we have a case where the Department of Education's business partner, Action Financial Services LLC, is also fully aware that the monetary demands that are relevant to this case have not been validated. Yet, the company makes monetary demands that are accompanied with threats anyway.

As this internal record making dispute with the Department of Education and its business partners continues, inevitably I have to take a stand on the relevant issues and object to unvalidated monetary demand making acts. If I don't, I will give green light to the entities that engage in such illicit activities.

So, below is a copy of the relevant complaint that I filed with Better Business Bureau.

I received a student loan collection letter from Action Financial Services LLC dated 06/28/2016. The letter lists monetary demands and states the following:

  • If you notify this office in writing within 30 days from receiving this notice that you dispute the validity of this debt, or any portion thereof, this office will obtain verification of the debt or obtain a copy of a judgment and mail you a copy of such judgment or verification.

The letter also states what Action Financial Services LLC fees are. Thus, with this letter Action Financial Services LLC promises to provide financial services in the form of debt validation.

In a letter dated 07/25/2016 I requested debt validation. Thus, we had a contract in place.

Based on the available information, the alleged loans do not exist. So, my request focused on whether or not any debt obligation exists: request for validation that the underlying alleged lending and borrowing transactions actually took place, that I actually received the allegedly borrowed money either directly, or indirectly as tuition support, and that the corresponding legally binding valid debt instruments exist.

I did not receive the requested debt validation from Action Financial Services LLC and did not hear from this company for a while.

However, with a letter dated 04/08/2017 the company repeated its monetary demands.

I repeated the debt validation request with a letter dated 05/01/2017. I asked to furnish the requested information by 06/01/2017 but have not receive any response.

Thus, Action Financial Services LLC:

  • 1) Promised to provide financial services in the form of debt validation and was contractually obligated to provide the advertised services.
  • 2) Knowingly ignored its contractual obligations.
  • 3) Knowingly performs hit and run type of operations by making monetary demands, failing to fulfill its contractual obligations and then repeating the unvalidated monetary demands while being fully aware that the demands have not been validated.

At this point I expect Action Financial Services, LLC either to furnish the requested debt validation or clearly and explicitly state that it cannot validate the alleged debt. In addition, an apology is in order.

Further, please note that I am filing this complaint because I don’t have any better alternative available to me. I have to file this complaint, because if I don’t, I am giving companies like Action Financial Services, LLC green light to repeat their unethical actions. For the same reason, I hope that you will support this complaint. Let’s not allow companies to operate in a manner that is clearly unethical and may be illegal as well.

Please investigate this case. Further, please inform me which other agencies and organizations supervise matters related to financial services, false advertising, breach of contract and hit and run type of operations. I intend to file complaints with each such agency and organization regarding this case.

Thomas Eklund

Views: 912

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