Consumer complaint received 2023-12-10
Company: Experian Information Solutions Inc.
State: NC
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
The equitable rights, rights of action, title, and interest of the estate belong to the XXXX XXXX XXXX living trust ; the name is registered, common law copyrighted, and is the private property of the trust ; any chose-in-action listed in the report is executed by the Beneficiary also being the private property of the trust including all accounts, credit, and securities. Anyone found holding any legal title in the Street Name belonging to the estate is assumed to be a Trustee of this trust, whether express, implied, or constructive. Regarding the matters of estates and trusts, equity has exclusive jurisdiction.

There appears to be a conflict of interest between the Trustees interest and the beneficiary, a usurpation of the beneficiarys rights, a dereliction of duty, and the beneficiary does not monetarily benefit from the sale and use of the estate property in the furnished reports, nor is any of the present adverse consumer reporting beneficial to the beneficiary and presently favors the financial interest of the Credit Reporting Agency and its members as Data Furnishers : To my knowledge, as beneficiary, there is to be no adverse reporting of an estate trust by any credit reporting agency, especially without consent or a written instruction or request from the consumer 's beneficiary. I reserve my rights to financial privacy as beneficiary, a man ; I provide this written request and instruction to remove the late payments in the following adversely reported items and the listed inquiries contained improperly in the consumer report without consent, authorization, and deficient any reporting notice to the beneficiary by either the National Credit Reporting Agency or the Data Furnisher, both being Trustees over the estate : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  Experian XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Experian XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Any adverse items listed and reporting late payments are not in compliance with Title 15 U.S. Code 1666b ; none of the Data Furnishers of listed open-end credit plans have NOT provided or demonstrated any evidence that statements were provided at least 21 days before the date specified for payment and any reported late payments by said data furnishers need to be removed from the consumer report. The National Credit Reporting Agencies as fiduciaries, have a duty to loyalty, duty to disclosure, duty to prudence, and duty to good faith with regard to the beneficiary.

Furthermore, it is a Maxim of law that Equity follows the Law, that equity will not suffer a wrong without a remedy nor allow a statute to be a cloak for fraud or unfair and deceptive trade practices involving the unauthorized practice of law by a corporation.

The Laws and Regulations according to the Fair Credit Reporting Act Title 15 U.S. Code 1681 section 602 a states " There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' XXXX, XXXX, XXXX, and Experian are consumer reporting agencies and I am the Consumers Beneficiary. I have the right to make sure my private information isn't shared which is backed by Title 15 U.S. Code 6801 which states " It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. Title 15 U.S. Code 1681 section 604 a section 2 states that " In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies XXXX, XXXX, XXXX and Experian do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, Experian, XXXX, XXXX, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked as of this notice. 

Title 15 U.S. Code 6802 ( b ) ( c ) states that " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' The Furnishers of information to credit reporting agencies have never informed me by notice of my right to exercise my non-disclosure option. Not only that but Title 15 U.S. Code 1681C ( a ) ( 5 ) states '' Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' The listed accounts and inquiries are adverse items reported without notice or my permission, producing an effect that prevents access to my estates extensions of credit as the beneficiary, denied rights of action, chose-in-action, a conflict of interest against equity and the law. Title 15 U.S. Code 1681s2 ( A ) ( 1 ) A states " A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. Title 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. XXXX, XXXX, Experian, and XXXX are not maintaining reasonable procedures. Also, 12 CFR 1016.7 states that " A consumer may exercise the right to opt-out at any time. '' I am invoking my right to opt-out, my beneficiary interest rights, and my financial privacy rights, NOW so mote it be ; I am opting out of your reporting services regarding ANY adverse reporting of choses-in-action in a conflict of interest with the Beneficiary and Trustee.

Regulations further provide Credit Reporting Agencies are ONLY exceptions to the notice and opt-out requirements provided in 12 CFR 1016.15, with the consent or at the direction of the consumer, provided that the consumer has not revoked the consent or direction ; Regarding estates and trusts equity case law has provided : In cases of trust, where the trustee has violated his trust by an illegal conversion of the trust property, the cestui que trust has a right to follow the property into whosesoever hands he may find it, not being a bona fide purchaser for a valuable consideration, without notice. Where a trustee has, in violation of his trust, invested the trust property or its proceeds in any other property, the cestui que trust has his option either to hold the substituted property liable to the original trust, or to hold the trustee himself personally liable for the breach of the trust. The option, however, belongs to the cestui que trust alone and is for his benefit, and not for the benefit of the trustee. If the trustee, after such an unlawful conversion of the trust property, should repurchase it, the cestui que trust may, at his option, either hold the original property subject to the trust or take the substituted property in which it has been invested, in lieu thereof. And the trustee, in such a case, has no right to insist that the trust shall, upon the repurchase, attach exclusively to the original trust property. Where the trust property has been unlawfully invested, with other funds of the trustee, in other property, the latter, in the hands of the trustee, is chargeable pro tanto to the amount or value of the original trust property.

What constitutes notice of a trust? An agent, employed by a trustee in the management of the trust property, and who thereby acquires a knowledge of the trust, is, if he afterwards becomes possessed of the trust property, bound by the trust, in the same manner as the trustee. Where, upon the face of the title papers, the purchaser has full means of acquiring complete knowledge of the title from the references therein made to the origin and consideration thereof, he will be deemed to have constructive notice thereof. A co-proprietor of real property, derived under the same title as the other proprietors, is presumed to have full knowledge of the objects and purposes and trusts attached to the original purchase, and for which it is then held for their common benefit.

Oliver v. Piatt, 44 U.S. 333 ( 1845 ) When a trustee abuses his trust -- converting trust property into new forms -- the cestui que trust has the option to take the original or the substituted property, and if either has passed into the hands of a bona fide purchaser without notice, then its value in money. If the trust property comes back into the hands of the trustee, that fact does not affect the right of the cestui que trust. The principle is that the wrongdoer shall derive no benefit from his wrong, and that profits which he makes belong to the cestui que trust. Equity will accordingly so mould and apply the remedy as to give them to him, giving, however, the party thus charged proper credits for money which he has paid, but which, if things had all been regularly transacted, the cestui que trust should have paid, making proper allowances for rent, interest & c., and putting things on such a footing as under the circumstances does the most complete justice.

May v. Le Claire, 78 U.S. 217 ( 1870 ) Where property held upon any trust to keep, or use, or invest it in a particular way is misapplied by the trustee and converted into different property, or is sold and the proceeds are thus invested, the property may be followed wherever it can be traced through its transformations, and will be subject, when found in its new form, to the rights of the original owner or cestui que trust. It does not alter the case that the newly acquired property, instead of being purchased with the proceeds of the original property, is obtained by a direct exchange for it. Cook v. Tullis, 85 U.S. 18 Wall. 332 332 ( 1873 ) Where a trust fund has been perverted, the cestui que trust can follow it at law as far as it can be traced. - United States v. State Bank, 96 U.S. 30 ( 1877 ) I declare under penalty and perjury under the laws of the United States of America that the foregoing is true and correct. Title 28 U.S. Code 1746.

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