Consumer complaint received 2022-01-06
Company: EQUIFAX, INC.
State: OR
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account information incorrect

Complaint:
XXXX XXXX misused and negatively influenced XXXX XXXX XXXX 's information to XXXX, XXXX and multiple other consumer reporting agencies and is now suspect of transferring XXXX XXXX XXXX 's information and the alleged debt to a subservicer through " XXXX XXXX XXXXXXXX '' to XXXX XXXX XXXX XXXX XXXX. Below is an explanation of the exhibits of proof as to what has happened up to now. All certified mail receipts and received envelopes from XXXX XXXX are available upon request. 

On XX/XX/XXXX, a package with a debt validation letter was sent to XXXX XXXX and received on XX/XX/XXXX by XXXX XXXX. A letter was sent back to me dated XX/XX/XXXX, which was computer automated, replying they had received the information and were working on reviewing it. On XX/XX/XXXX, a copy of this information was submitted via complaint to the CFPB ( Consumer Financial Protection Bureau ). XXXX XXXX sent the review letter on XX/XX/XXXX. 

It is required by law that XXXX XXXX include all parts needed for the validation process, which would be signed/answered by the original creditor. On XX/XX/XXXX, they sent a copy of the closing documents for said loan and the account history from XX/XX/XXXX to present. They also wrote in the letter how they are choosing not to provide proof of who is the original creditor in this transaction. It is their belief that these documents may be confidential or not relevant or required by law to provide for validation of said debt. 

The same envelope as the debt validation letter also contained a cease and desist letter for all forms of communication ( mail, email, telephone ). In addition, two more documents were sent ; a notarized affidavit of truth and an invoice for XXXX XXXX due to civil liability from noncompliance. Package was sent via certified-mail # XXXX XXXX XXXX XXXX XXXX. They wrote that they acknowledged the cease and desist and would only send things pertaining to law. This is an immediate disregard for the purpose of the cease and desist. 

On XX/XX/XXXX, mail addressed to XXXX XXXX XXXX was sent by XXXX XXXX XXXX XXXX Lending. There was also no contest to the affidavit of truth sent to XXXX XXXX and they are continuing to neglect the invoice and the fact that they are accountable for civil liability. Attached is proof that XXXX deleted an item furnished by XXXX XXXX onto XXXX XXXX XXXX 's consumer report. This is admission and according to the Fair Credit Reporting Act, reparations are now due. 

On XX/XX/XXXX, a " Notice of Servicing Transfer '' was sent by mail. It explained how XXXX Mortgage XXXX XXXX, was the original servicer of the loan and was subservicing said loan under a contractual agreement with XXXX XXXX to XXXX XXXX  XXXX. It is now my understanding that these companies are sharing my information and tarnishing my consumer reports without my consent. They have consistently presented me with false and misleading information, threatened foreclosure and have violated my right to privacy as a consumer. As a result, a letter pertaining of a qualified written request ( QWR ), dispute of debt and in compliance with and under the Real Estate Settlement Procedures Act, 12 U.S.C. Section 2605 ( e ) and Regulation X 24 C.F.R. 3500, and The Gramm Leach Bliley Act. 

On XX/XX/XXXX, XXXX XXXX XXXX XXXX responded to the CFPB Complaint submitted, which is where they affirmed their understanding of the cease and desist and also that they were still in belief that they supplied enough information for the QWR and the validation of debt. The following was clearly stated, " Again, this is a Qualified Written Request under the Real Estate Settlement Procedures Act, codified as Title 12 section 2605 ( e ) of the United States Code, a request under the Truth In Lending Act 15 U.S.C. section 1601 and as well as Regulation X Title 24 CFR 3500.21 ( f ) 2. RESPA provides substantial penalties and fines for non-compliance or failure to answer my questions provided in this letter within sixty ( 60 ) days of its receipt. '' This is the last opportunity to clarify and settle all this before a federal court sitting is arranged.

Company response to consumer: Closed with explanation