Consumer complaint received 2018-05-25
Company: EQUIFAX, INC.
State: VA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Information belongs to someone else

Complaint:
On XX/XX/XXXX, I received a letter from XXXX XXXX claiming I owed a debt in the amount of {$3000.00}. On XX/XX/XXXX I sent a certified letter acknowledging the letter but disputing the validity. Using the USPS tracking system for certified letters, the letter I sent has been repeatedly delayed due to bad address. I submitted a complaint to CFPB on XXXX   informing them of these practices. XXXX  did not respond to the complaint. 

On XX/XX/XXXX, I received a notification that this account, which does not belong to me was now on my credit report. I sent the complaint filed previously along with a dispute letter and the credit agencies did not due their due diligence and validated this debt. This is unsatisfactory! The system is designed for the consumer to fail. I am responsible with my debts and will continue to pay my debts. However, when something is not mine and I try to dispute it but the company provides a fraudulent address, what else is there for me to do. Furthermore, the company then adds it to my credit report!! This is not how the Fair Debt Collection Practices is suppose to work. For those who may be reading this, I have provided a refresher on section 809. in that we are entitled to question validity prior to a being held liable. I tried to dispute but the company provided a poor address which is an illegal tactic these types of companies practice and go unpunished. 

809. Validation of debts ( 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 ; a

nd ( 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.

( b ) Disputed debts 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. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor. 


Provided below is the original complaint : On XX/XX/XXXX, I received a letter from XXXX XXXX claiming I owed a debt in the amount of {$3000.00}. On XX/XX/XXXX I sent a certified letter acknowledging the letter but disputing the validity. Using the USPS tracking system for certified letters, the letter I sent has been repeatedly delayed due to bad address. An attempt to deliver the letter was conducted on three occasions. When I contacted XXXX   XXXX over the phone the mailing address is in XXXX, XXXX. Furthermore, no followup letter, phone call, or additional notification was sent stating that this change in address had occurred. My complaint is that this business is expecting me to dispute the validity of debt within a thirty day window but knew any returning mail would and could not be collected by there office. Furthermore, there was no forwarding information to the address provided when you contact XXXX XXXX by phone. This company is using practices not conducive to good business and furthermore does not practice due diligence when trying to receive debt disputes, which leaves people vulnerable to having inaccurate and false information placed on their credit report. As a victim of identity theft, I take the validity process seriously and XXXX is allowed to continue their misleading practices others will be affected as well. 

Please see below for certified mail details Tracking Number : XXXX XX/XX/XXXX, XXXX XXXX In Transit to Destination On its way to XXXX, XXXX XXXX The package is delayed and will not be delivered by the expected delivery date. An updated delivery date will be provided when available. The item is currently in transit to the destination as of XX/XX/XXXX at XXXX XXXX. It is on its way to XXXX, XXXX XXXX. 
XX/XX/XXXX, XXXX XXXX  In Transit to Destination On its way to XXXX, XXXX XXXX XX/XX/XXXX, XXXX XXXX  In Transit to Destination On its way to XXXX, XXXX XXXX XX/XX/XXXX, XXXX XXXX Departed USPS Regional Destination Facility XXXX XXXX DISTRIBUTION CENTER XX/XX/XXXX, XXXX XXXX In Transit to Destination On its way to XXXX, XXXX XXXX XX/XX/XXXX, XXXX XXXX  Arrived at USPS Regional Destination Facility XXXX XXXX   DISTRIBUTION CENTER XX/XX/XXXX, XXXX XXXX In Transit to Destination On its way to XXXX, XXXX XXXX XX/XX/XXXX, XXXX XXXX Departed USPS Regional Facility XXXX XXXX  DISTRIBUTION CENTER XX/XX/XXXX, XXXX XXXX Arrived at USPS Regional Origin Facility XXXX XXXX DISTRIBUTION CENTER XX/XX/XXXX, XXXX XXXX Accepted at USPS Regional Origin Facility XXXX XXXX DISTRIBUTION CENTER XX/XX/XXXX Pre-Shipment Info Sent to USPS, USPS Awaiting Item STATUS Submitted to the CFPB on XX/XX/XXXX PRODUCT Debt collection ISSUE Attempts to collect debt not owed We received your complaint. Thank you. 
We will review your complaint. Depending on what we find, we will typically : Send your complaint to the company for a response ; or Send your complaint to another state or federal agency, or help you get in touch with your state or local consumer protection office ; or Let you know if we need more information to continue our work. 
YOUR COMPLAINT

Company response to consumer: Closed with explanation