Consumer complaint received 2022-09-16
Company: EQUIFAX, INC.
State: OH
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: Their investigation did not fix an error on your report

Complaint:
To whom it may concern, I, XXXX XXXX, The consumer and obligor has noticed a billing error. The creditor has failed to give me proper notice of this billing error several times. I have noticed every account statement is in invoice of indebtedness, also having a coupon/check attached to it. On this invoice the creditor is attempting to collect a debt that has already been paid. They claim that this is a debt that I owe. How is that possible if the amount that theyre asking for isnt a negative balance? And how is it possible that this debt is still owed when my signature on my application is payment of the debt? I, XXXX XXXX ( the obligor and consumer ) I am giving proper notice of this billing error. This is my final attempt to clear and dismiss of any debt that the creditor claims that I owe. According to 15 USC 1666b timing of payments states A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date. 
The creditor has failed several times to provide me ( the consumer/obligor ) with each periodic statement and information required by section 1637 ( b ) of title 15 USC 1666b . The creditor has not gave me proper notice within 21 days of the payment due date as required by 15 USC 1666b. 
What is a late payment? And how can that payment be late or past due if it is not a negative balance? How can a late, missed, or past due balance exist if my signature on my application for credit is payment of the debt? According to 15 USC 1666d Treatment of credit balances States Whenever a credit balance in excess of {$1.00} is created in connection with a consumer credit transaction through ( 1 ) transmittal of funds to a creditorin excess of the total balance due on an account, ( 2 ) rebates of unearned finance charges or insurance premiums, or ( 3 ) amounts otherwise owed to or held for the benefit of an obligor, the creditor shall ( A ) credit the amount of the credit balance to the consumers account ; ( B ) refund any part of the amount of the remaining credit balance, upon request of the consumer ; and ( C ) make a good faith effort to refund to the consumer by cash, check, or money order any part of the amount of the credit balance remaining in the account for more than six months, except that no further action is required in any case in which the consumers current location is not known by the creditor and can not be traced through the consumers last known address or telephone number. 
Every account statement has failed to demonstrate indebtedness. For example if I borrow {$20000.00} shouldnt my account statement show a negative $ XXXX? And every time I make a payment it would reduce that amount bringing the negative balance closer to {$0.00}? 
None of the account statements show a negative balance, only a positive balance. According to the law a positive balance means that there is a surplus. This debt that the creditor claims I owe does not belong to me. According to 18 USC section 8 Obligation or other security of the United States defined States The term obligation or other security of the United States includes all bonds, certificates of indebtedness, national bank currency , Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever denomination, issued under any Act of Congress, and canceledUnited States stamps. 
All debts public and private are the obligation of the United States. The creditor claims that I owe/owed this debt but what exactly am I paying for if the debt has already been paid for with my signature? The obligation has already been paid for. So why are they claiming that I owe/owed this debt? This billing error notice is also a notice of request for refund by I, XXXX XXXX ( the consumer/obligor ) .According to 15 USC 1666d section A, section B, section C, States A ) credit the amount of the credit balance to the consumers account ; ( B ) refund any part of the amount of the remaining credit balance, upon request of the consumer ; and ( C ) make a good faith effort to refund to the consumer by cash, check, or money order any part of the amount of the credit balance remaining in the account for more than six months, except that no further action is required in any case in which the consumers current location is not known by the creditor and can not be traced through the consumers last known address or telephone number. 
I am now requesting a refund of ALL payment paid AND dismissal and discharge of this debt. I XXXX XXXX ( the consumer/obligor ) I am also requesting that the accounts be ceased and desist IMMEDIATELY. I have blindly paid this debt twice. The creditor has fraudulently and illegally double dipped on payment of this debt. The creditor has furnished I, XXXX XXXX ( the consumer/obligor ) with deceptive forms several times ( See attachment A ) creating a false belief that I owe this debt. According to 15 USC 1692J Furnishing certain deceptive forms States The creditor has been racketeering and extorting money out of I, XXXX XXXX the consumer/obligor ) several times. This is totally illegal and they could go to jail for this. According to 18 USC 1961 Definitions States However, I am willing to overlook this matter AS LONG AS ALL of my request are resolved AND completed within 10 days of receiving this notice. If my request or not resolved AND completed within the given time frame above, I will take this to higher authorities. The creditor now has 10 days within receiving this notice to refund me, clear/dismiss the debt, and cease and desist of the account. 

Kind Regards, XXXX XXXX XXXX Without prejudice/Recourse UCC 1 308.4

Company response to consumer: Closed with explanation