Consumer complaint received 2023-03-30
Company: Experian Information Solutions Inc.
State: IL
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Investigation took more than 30 days

Complaint:
I have explained to that XXXX XXXX XXXX has violated my rights and the issues in the disputes I have sent them have not fixed or resolved the issues. I have sent a CFPB complaint on XX/XX/2023, I also sent a Notice of Dispute, Affidavit of Truth, as well as a Cease and Desist ( see in attachments I also have all green return receipts back from them confirming they received my documents ). XXXX XXXX and XXXX XXXX XXXX have continued to send me bills about this alleged debt which is also a violation but also have failed in every way to provide me any documentation about this matter. Everything has been very unclear and very deceptive, this company continues to run a risk on my life and consumer report. I will attach all of the documentation to show I have tried to resolve this issue, but nothing is being done. XXXX has not provided a single documentation regarding my request in my disputes. Further more, I have now sent my second notice of dispute, Cease & Desist, & an AOT on XX/XX/2023 ( I also have all green return receipts back from them confirming they received my documents ). They have not fixed this alleged debt arising on my consumer report or return a If company does not comply they will be in big legal trouble. After reasonable inquiry I have concluded that XXXX XXXX XXXX is in breach of the alleged agreement. The following facts support my position in this matter : 1. XXXX XXXX XXXX failed to disclose to the alleged consumer XXXX XXXX XXXX ( hereinafter consumer ) that XXXX XXXX XXXX used consumers note, capital, funds, money or money equivalent to fund a note, check or similar instrument that was used to fund the charges on the alleged account, whereby XXXX XXXX XXXX did not perform under the agreement and risked nothing of value. 

2. XXXX XXXX XXXX has not used any of their own capital, funds, money or money equivalents to pay for any charges on the alleged account. 

3. XXXX XXXX XXXX received something-for-nothing by using the consumers note ( XXXX ) to fund charges to the Mortgage account while retaining payments from the consumer. 

4. So, a breach occurred due to the fact that XXXX XXXX XXXX failed to disclose the above information in their Mortgage Agreement prior to soliciting applicant to become bound by it. 

5. Due to the breach, and lack of disclosure, XXXX XXXX XXXX has, directly or indirectly, used false, deceptive, or misleading representations or means, in violation of Regulation Z the Truth in Lending Act and Section 807 of the FDCPA, 15 U.S.C. 1692e, which constitutes fraud. 

6. Due to the securitization of the initial outstanding balances of the alleged account, XXXX XXXX XXXX is not a holder in due course, and therefore can not have incurred a loss or make a valid claim. 

7. When accounts are 90 days or more overdue, XXXX XXXX XXXX receives a payoff of the amount due from insurance, whose premiums were unknowingly funded by the so-called borrower. 

I want to receive absolute assurance from XXXX XXXX XXXX that they did not breach the agreement. In order to settle this matter, please sign or have an authorized officer sign the enclosed affidavit, confirming that you have read the agreement, that you understand GAAP, the bookkeeping entries, accounts receivables and deposits, the banking laws, and the Federal Reserve banks policies and procedures. 

In addition please furnish me with the following information : 1. A complete statement of Damages, including each and every loss that XXXX XXXX XXXX incurred under the alleged agreement. 

2. A copy of any insurance claim having been made by XXXX XXXX XXXX regarding this account. 

3. A front and back, true and correct copy of the alleged signed agreement bearing my signature ( full & complete disclosure ), and a detailed copy of the alleged account.

4. A true and correct copy of the transfer instrument that was used to transfer the initial outstanding balances from this alleged account into the Special Purpose Entity ( SPE ) trust, as described on the FDIC website. 

5. The name, address and telephone number of XXXX XXXX XXXX XXXX XXXX. 

XXXX. XXXX if this debt has been assigned or sold to a debt collector.

7. If this debt has been assigned to a debt collector, please provide the commission amount if collection efforts are successful.

8. If this debt has been sold to a debt collector, please provide the price for which it was sold. 

If you can not verify and validate this debt by the above listed means, then what right do you have, under the Fair Debt Collection Practices Act 15 USC 1692, to even send me a letter or an account statement? Are you committing mail fraud, bank fraud, aggravated identity theft, conspiracy, conspiracy against rights and deprivation of rights under color of law?

It would be constructive for you to note that the FCRA ( Fair Credit Reporting Act ) section 609 ( c ) ( 2 ) ( E ) states : " a consumer reporting agency is not required to remove accurate derogatory information from a consumer 's file, unless the information is outdated under section 605 or can not be verified. 

The can not be verified is the key phrase, as you can see. Since I challenged you and your staff to verify, and you can not, that means all financial institutions and credit reporting agencies concerned with my account are required to remove any derogatory information. It can not be deemed accurate if it can not be verified. If it can not be verified, then it is required to be removed, according to the FCRA. 

You are required by federal law to furnish the credit bureaus with the required disclosure by placing a notice of dispute on my account within ( 30 ) days after receiving this dispute letter. I am maintaining a careful record of dates as well as time-stamped copies of my credit reports, which will show that you have violated the Fair Credit Reporting Act, Section 623 ( a ) ( 3 ) [ 15 USC 1681s-2 ] if you do not place the disclosure within the required ( 30 ) day period.

THIS IS NOT A REQUEST FOR CONFIRMATION THAT YOU HAVE A COPY OF AN AGREEMENT OR COPIES OF STATEMENTS. THIS IS A DEMAND FOR THE ATTACHED AFFIDAVIT AND PROOF THAT YOU HAVE THE REQUISITE KNOWLEDGE OF THE FACTS, AND THAT THE ALLEGED CREDITOR PROVIDED ADEQUATE CONSIDERATION AND INCURRED A FINANCIAL LOSS UNDER THE FULL & COMPLETE ORIGINAL AGREEMENT. 

Notice to the Principal is Notice to the Agent, and Notice to the Agent is Notice to the Principal.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation