Consumer complaint received 2021-04-13
Company: EQUIFAX, INC.
State: FL
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account status incorrect

Complaint:
ThIS IS MY LAST NOTICE TO THE XXXX DEPARTMENT OF EDUCATION and will serve as a final formal notice that I XXXX ; XXXX, XXXX, Trustee, Authorized Representative of XXXX XXXX XXXX XXXX intends to commence a lawsuit against you due to the following due to the utter lack of response and fraud you continue to commit falsely reporting to EQUIFAX and XXXX  from your firm. 

Your firm has failed to remove the accounts that have been discharged and still falsely report to EQUIFAX and TRANSUNION that these accounts are delinquent and past due. You have been notified numerous times that your actions are detrimental to me and that your firm has violated ( including but not limited to ) the Consumer Credit Protection Act, the Fair Credit Reporting Act, and the Fair Debt Collection Practices Act. 

Your firm knew or should have known that the actions taken against me and the information collected about me was inappropriate and damaging to me. 

Failed to use reasonable care in the course of business and failed to use even minimal procedures to ensure that I was not harmed. 

Communicated and are continuing to communicate incorrect and defamatory information to third parties including but not limited to : Equifax, XXXX. 

As a result of these blatantly reckless, wanton, and intentional acts, I have suffered and continue to suffer general and specific damages. I am also very upset at your firm 's intentional infliction of emotional distress, mental anguish and at the other diminishes of the quality of my life. 

I have fully investigated my rights in this matter. Under the doctrine of estoppel by silence, Engelhardt v Gravens ( Mo ) 281 SW 715, 719, I may presume that no proof of the alleged debt, nor therefore any such debt, in fact exists. I have copies of the certified letters and dates prepared to bring to court. Also, under the Fair Credit Reporting Act, these disputed items may not appear on my credit report if they can not be supported by any evidence.

The Doctrine of Estoppel applies to any situation where the first party THE US DEPARTMENT OF EDUCATION makes a statement or engages in some conduct upon which the second party ( me ) relies or acts. The first party THE US DEPARTMENT OF EDUCATION is subsequently prevented ( estopped ) from acting in a manner contrary to their first words or actions. As one American legal encyclopedia describes it, estoppel means " one who by his deed or conduct has induced another to act in a particular manner will not be permitted to adopt an inconsistent position, attitude or course of conduct and thereby cause loss or injury to such other ''. 

I duly state, THE US DEPARTMENT OF EDUCATIONs refusal to stay in honor has caused immense damage to my reputation and credit history, will cost me thousands of extra dollars in sub-prime interest rates if I should choose to apply for credit in the future or might prevent me from acquiring credit in the future.

Beyond the issue of the Doctrine of Estoppel, the Fair Debt Collections Practices Act prohibits THE US DEPARTMENT OF EDUCATION from making any false or misleading statements to collect payment. I realize that THE US DEPARTMENT OF EDUCATIONs employees may be inexperienced or unfamiliar with the law. However, regardless of how uninformed they might be, THE US DEPARTMENT OF EDUCATION 's employees are its representatives, and their words and actions are binding on the part of THE US DEPARTMENT OF EDUCATION.

This is a serious matter.

THE US DEPARTMENT OF EDUCATION must fulfill the duties required by Law within fifteen ( 15 ) days of its receipt of this notice by completely and permanently removing all negative information added to my credit history in connection with this account. If THE US DEPARTMENT OF EDUCATION does not affect cure on this matter within fifteen ( 15 ) days of its receipt of this notice, I will be forced to pursue legal remedy.

If you are unfamiliar with the Doctrine of Estoppel and the Fair Debt Collections Practices Act or the legal remedies afforded to those who are negatively impacted by another party 's violation of the Doctrine of Estoppel and the Fair Debt Collections Practices Act, you should refer this notice to a competent member of your legal staff, as this is a matter that you are not equipped to handle. 

Under the Fair Credit Reporting Act, if they can not verify the debt within 30 days, then it must be removed. Your letters to me claim to have " verified '' the debt, but this is in fact not true under law and simply not true under the maxims of Equity. Simply matching up numbers in the database is not sufficient verification. 

Be aware I do intend to sue your firm for being such a pain in the posterior to me. I have provided more than sufficient evidence to get these false accounts removed. 
You may contact me in the timely manner via receipt of this complaint. An amicable resolution is still possible, but only if you act quickly. This matter can be settled simply by your agreement to remove the false information from my credit file. 

I require a response, on point, in writing, hand signed, and in a timely manner. If I get another pointless letter from you saying that it has already been " verified '' then there will be no more opportunity for negotiation. This will proceed in court until I have successfully proven to a judge that this false information must be removed from my credit file. I will also be aggressively pursuing the full judgment that I can get against your firm for violation of the Fair Credit Reporting Act and Defamation and the Fair Debt Collection Practices Act.

Company response to consumer: Closed with explanation