Consumer complaint received 2023-03-11
Company: Experian Information Solutions Inc.
State: GA
Product: Debt collection
Sub-product: Other debt
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
XX/XX/XXXX XXXX XXXX XXXX XXXX,, Experian heretofore has stolen my identity and According to the Fair Credit Reporting Act ( 15 USC 1681 ) and the Gramm-Leach-Bliley Act ( 15 USC 6802 ), XXXX XXXX XXXX XXXX XXXX XXXX is required to adopt reasonable procedures to ensure that the information on my consumer report is accurate, fair, and equitable. However, I have recently discovered that ( EXPERIAN AND XXXX XXXX XXXX XXXX,, ) has used my identification document ( Social Security Number ) to produce unverified and inaccurate information on my consumer report for profit, without my permission or authority, in violation of 15 USC 1681 ( c ) ( 2 ) .Furthermore, ( EXPERIAN AND XXXX XXXX XXXX XXXX XXXX applies to all listed accounts ) has been violating my privacy by reporting fraudulent information without my consent or permission, in violation of 15 USC 1681b ( c ). According to the Fair Debt Collection Practices Act ( 15 USC 1692a ( 4 ) ), I am the creditor and can not be in debt to a debtor. Furthermore, according to the National Bank Act ( 12 USC 83 ) and the Federal Reserve Act ( 12 USC 1431 ), banks can not loan its own money or credit. Therefore, the false information that is being reported by ( EXPERIAN INC. ) from banks and alleged creditors on my consumer report is not true and lawfully correct. ( EXPERIAN INC. ) does not have a signed SSA 89 form, on fie to use my social security number or report my private information, in violation of 15 USC 1681b. As a result of ( XXXX XXXX XXXX ) fraudulent and inaccurate reporting practices, I have suffered severe stress and anxiety. 
Please be advised Dear, EXPERIAN INFORMATION SOLUTIONS INC., Re : This is not a regular dispute. Take action immediately you are in violation. I am a victim of identity theft and I write to dispute certain information in my file resulting from the crime that i recently became aware of. I am comprehending that the credit reporting agencies, EXPERIAN INFORMATION SOLUTIONS INC., XXXX XXXX XXXX  and XXXX XXXX MUST delete ALL accounts that I have reported as fraudulent regarding identity theft within FOUR ( 4 ) days of my report, and NONE OF THEM HAVE DONE SO, violating the laws that are placed to protect consumers.15 U.S. Code 1681c2 - Block of information resulting from identity theft. : ( a ) Block Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency> My reporting was NOT in ERROR, so the reporting agencies have NO right under the law to continue to " report '' my PRIVATE information for the public corporations to see. Thank you for your time and effort in this important and urgent matter.The items I am disputing do not relate to any transactions that I have made or authorized. Please REMOVE this information at the earliest possible time. As required by section FCRA 605B ( 15 U.S.C. 1681c-2 ) a copy of which is enclosed which states that this information must be removed within four business days of receipt, I am requesting that the adverse information on the items be removed to correct my credit report. Please investigate these matters and remove the disputed items as soon as possible. EXPERIAN INFORMATION SOLUTIONS INC., XXXX XXXXXXXX XXXX and XXXX INC.How is it possible that this account has a payment history when its a charge off. Delete this account immediately. Enclosures : Proof of identity : Proof of Address, ID, FCRA 605b Enclosure Identity Theft report Please note that you have 30 days to complete this investigation, as per the Fair Credit Reporting Act Section 611 ( a ) ( 1 ) ( A ). Be advised that the description of the procedure used to determine the accuracy and completeness of the information is hereby requested as well, to be provided within ( 5 ) days of the completion of your re-investigation and I am keeping a careful record of your actions, including your Method of Verification. I do not consent to e-Oscar or any means of automated verification. Failure to respond satisfactorily within 30 days of receipt of this certified letter may result in a small claims action against your company, seeking { {$5000.00} } per violation for : 1. ) Defamation 2. ) Negligent Enablement of Identity Fraud 3. ) Violations of the Fair Credit Reporting Act 4. ) Financial Injury My contact information is as follows : personal statement Also important to note thar I am aware that The Federal Government took away our lawful money ( silver & gold ) in 1933 but Congress had to provide the people a remedy. Public Law : Chap. 48, 48 Stat. 112 under HJR 192 is that remedy and in part states that the Federal Government will discharge all of our debts, public and private, dollar for dollar. That the giving a ( federal reserve ) note does not constitute payment. That the use of a ( federal reserve ) Note is only a promise to pay. Legal Tender ( federal reserve ) Notes are not good and lawful money of the United States. See Rains v State, 226 S.W. 189.I can't provide exact dates because I have been trying to get this matter settled with EXPERIAN INFORMATION SOLUTIONS INC. XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXXXXXX XXXX XXXX and XXXX XXXX for many years . As they refuse to verify and/or validate the debt properly and in accordance to federal law, therefore I am submitting this complaint. I have a problem with their legal characteristic by nature, as they have not given equitable relief. I am submitting one Administration Judgment ( documentation ) for proof and the account should be discharged. This firm has been unlawfully and illegally trying to collect on monies already prepaid pursuant to HJR-192 of/1933. Additionally pursuant to 31 U.S.C. 3123 the interest and public debt is the obligation of the United States. I must also report that it has been past 6 years and this firm is still continuing to report false information on the report. I have fully investigated my rights in this matter. Under the doctrine of estoppel by silence, Engelhardt v Gravens ( Mo ) 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 ( which they keep reporting illegally ). As a result of these blatantly reckless, wanton and intentional acts, I have suffered and continue to suffer general and specific damages.I am concerned about the validity and accuracy of of the accounts that are reporting on my credit report. I am requesting a investigation because I feel the items are not being reported legally. I received a copy of my EXPERIAN INFORMATION SOLUTIONS INC., credit report containing the following inaccurate and incomplete items : 1. Remove, Block and Delete ; XXXX XXXXXXXX XXXX XXXX Charged Off Account Account info - Account number XXXX Why are you disputing this account? Account is not accurate Reason ( XXXX ) for dispute : XXXX ) There were fraudulent charges made on this account Addtional Comments : Motion Remedy Claim for Damages in Re : Pub Res No. 10 Public Law Ch 48, 48 statute 112, Pub Law 7310, HJR 192, 31 USC 3123, 5103, 5312,18 USC 8, 12 USC 411, 28 USC 1746, 42 USC 408 ( a ) 8 Penalty, Privacy Act of 1974 12 USC 3401, Right to Fianancial Privacy Act of 1978 5 USC section 552 ( a ), Third Party Summons Act Special Procedures 26 USC section 7609 2 : Remove Charged off ; XXXX XXXX Account info - Account number - XXXX. Why are you disputing this account? Account is not accurate Reason ( XXXX ) for dispute : XXXX ) There were fraudulent charges made on this account Addtional Comments : Motion Remedy Claim for Damages in Re : Pub Res No. 10 Public Law Ch 48, 48 statute 112, Pub Law 7310, HJR 192, 31 USC 3123, 5103, 5312,18 USC 8, 12 USC 411, 28 USC 1746, 42 USC 408 ( a ) 8 Penalty, Privacy Act of 1974 12 USC 3401, Right to Fianancial Privacy Act of 1978 5 USC section 552 ( a ), Third Party Summons Act Special Procedures 26 USC section 7609 3 : Remove- ; XXXX XXXX XXXX Account info - Account number XXXX Why are you disputing this account? Account is not accurate Reason ( XXXX ) for dispute : XXXX ) There were fraudulent charges made on this account Addtional Comments : Motion Remedy Claim for Damages in Re : Pub Res No. 10 Public Law Ch 48, 48 statute 112, Pub Law 7310, HJR 192, 31 USC 3123, 5103, 5312,18 USC 8, 12 USC 411, 28 USC 1746, 42 USC 408 ( a ) 8 Penalty, Privacy Act of 1974 12 USC 3401, Right to Fianancial Privacy Act of 1978 5 USC section 552 ( a ), Third Party Summons Act Special Procedures 26 USC section 7609 4 ; XXXX XXXX XXXX Account info - Account number - XXXX Why are you disputing this account? Account is not accurate Reason ( XXXX ) for dispute : XXXX ) There were fraudulent charges made on this account Addtional Comments : Motion Remedy Claim for Damages in Re : Pub Res No. 10 Public Law Ch 48, 48 statute 112, Pub Law 7310, HJR 192, 31 USC 3123, 5103, 5312,18 USC 8, 12 USC 411, 28 USC 1746, 42 USC 408 ( a ) 8 Penalty, Privacy Act of 1974 12 USC 3401, Right to Fianancial Privacy Act of 1978 5 USC section 552 ( a ), Third Party Summons Act Special Procedures 26 USC section 7609. This erroneous entrys is detrimental to my overall credit rating and has caused me severe financial and emotional distress. If you choose not to provide the above requested deletion or requested/required documentation of your investigation, I will pursue the enforcements of my constitutional rights via federal court proceedings. As you are well aware this information will come out through my formal discovery process, and necessary depositions. I have recently studied constitutional consumer protection laws along with civil/federal court procedures. I will represent myself pro-se and will formally request a jury trial because Ive disputed every negative item on my credit report, I also provided accurate information ( several times ) for the reasons why I'm not liable for those debts according to the law, I'm full aware that all these corporations, including this very one I'm utilizing for the complaint is using a name not associated with me, I've stated I'm not a ALL CAPITAL LETTERS CORPORATION or 14th Amendment Citizen, I'm a free National, most of those debt collectors aren't a party to the matter, they brought the debt from the original creditor, I never signed a contract with any of them, and for your organization to confirm anything from those debt collectors is fraud, because they're using a name similar to mines, who isn't me, I've also reserved my rights ... UCC 1-308, I've quoted HJR 192, and only Congress can coin and make legal tender, Credit is not legal tender, I have grounds to sue these debt collectors or any organization who uses my name without my consent, and committing fraud.I contacted XXXXXXXX XXXX  requesting that this loan be discharged in accordance with House Joint Regulation 192 of 1933. So far, they have not taken action. I have confirmation from a CFPB COMPLAINT # return receipt that they received my request several times over. Here is the authority listed that explains HRJ-192 and public law 73-10. HJR-192 AND PUBLIC LAW 73-10 LAWS THAT GOVERN ELECTRONIC FUNDS TRANSFER INSTRUMENTS, AND MONEY The Federal Government took our lawful money out of circulation in 1933 but Congress had to provide the people a remedy. Public Law : " Chap. 48, 48 Stat. 112 '' under HJR 192 is that remedy and in part states that the Federal Government will discharge all of our debts, public and private, dollar for dollar. This has been one of the best kept secrets in this Bankrupt Nation. They took everything including all property and titles to property and left us only with an ability to discharge debt and create money through our signature and they never bothered to tell us. We create money when we apply for bank loans with our signature. It is our signature and credit in our ability to work that creates the money of account and this has been the case since 1933. The banks have a monopoly to our credit and for this " service '' they charge principal and interest on nonexistent money all the time giving the impression they lent us their money and this is fraud because they never revealed where the money came from. 
This is true for Credit Card accounts and Mortgages. 1. House Joint Resolution. 73rd Congress. Session 1. Chapters 48 & 49. June 5, 6, 1933 H.J.R. 192. 1491 Public Law 1 48 Stat 1 as well as ~Title 31 United States Code ( USC ) 5112, 5119 and again 12 USC 95a. When a government goes bankrupt, it loses its sovereignty. 2. Public Law 10 Chapter 48, 48 Stat. 112. 3. Public Law 73-10 40 Stat 411 4. Trading With the Enemy Act ( TWEA ) OCT 6, 1917 1 ) That, Legal tender under the Uniform Commercial Code ( U.C.C. ), Section 1-201 ( 24 ) ( Official Comment ) ; The referenced Official Comment notes that the definition of money is not limited to legal tender under the U.C.C. The test adopted is that of sanction of government, whether by authorization before issue of adoption afterward, which recognizes the circulating medium as a part of the official currency of that government. The narrow view that money is limited to legal tender is rejected.Under HJR 192 1933 and validated in above the nation is bankrupt and to support the bankruptcy my signature as a man created the currency of the realm for the transaction making me the Creditor. The existing state of emergency is verified ~Title 12 95, 95a, 95b and 411 Should this be doubted then these two quotes ( of many more ) verify the truth since the principal part of any thing is the beginning. Maxim of Law Banks can not lend depositors money to borrowers without the depositors written authorization, in reality, banks do not lend their depositors money. ~12 U.S.C . 1828. As the situation stands at present, the banker is in a unique position. He has probably the only known instance, in business of the possibility of lending something without parting with anything, and making a profit on the transaction, obtaining in the first instance his commodity free. ~ ( Decision, creating money from thin air ) A national bank has no power to lend its credit to any person or corporation. ~A bank is not the holder in due course upon merely crediting the depositors account. 2 ) That, the Federal Reserve Bank in its booklet ; page 3, states ; In the United States neither paper currency nor deposits have as commodities. Intrinsically, a dollar bill is just a piece of paper, deposits merely book entries. 3 ) That the giving a ( federal reserve ) note does not constitute payment. The use of a ( federal reserve ) 'Note ' is only a promise to pay. Legal Tender ( federal reserve ) Notes are not good and lawful money of the United States. 6 ) That ( federal reserve ) 'Notes d o not operate as payment in the absences of an agreement that they shall constitute payment. 7 ) Also, Federal Reserve Notes are valueless. See IRS Codes Listed. Legal tender for discharge of debt is no longer required. That is because legal tender is not in circulation at par with promises to pay credit. There can be no requirement of repayment in legal tender either, since legal tender was not loaned [ nor in circulation ] and repayment [ or payment ] need only be made in equivalent kind ; A negotiable instrument. 9 ) U.C.C. 3-603 ; If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender... 10 ) ORS 81.010 Effect of unaccepted offer in writing to pay or deliver. An offer in writing to pay a particular sum of money or to deliver a written instrument or specific personal property is, if not accepted, equivalent to the actual production and tender of the money, instrument or property. ( the latter here operates via the rule of Para Materia in Tennessee. ) 11 ) That because of failure of a lawful consideration the Note and Mortgage are null and void See .THEREFORE, in light of the above, under necessity, having no other means to pay debts at law, but being estopped and denied access to lawful constitutional money of exchange, the undersigned can only exercise the remedy under necessity to set off/discharge the 'debt/liability '.

Your Affiant, flesh and blood with PRE-PAID EXEMPT status as a current Creditor of the U.S. CORPORATION since its bankruptcy in 1933 and with full understanding of how the monetary system works. Federal laws prohibits any banks from loaning against its own credit and customers deposits, so my signature creates the asset of these funds which you then monetized to your gain ten ( 10 ) times, then my signature does certainly pay this supposed liability ; THEREIN, you are required by LAW to accept this EFT instrument and credit the above account, in honor, within 24 hours upon acceptance pursuant to U.C.C. 3-501. Any dishonor will be construed as a commercial injury, violation of agreement, fraud, fraud by scienter, violation of commercial law and otherwise. UCC codes used in verified tender of payment 1-201 general definitions governing eft 10. CONSPICUOUS EFT in red 3-311 ( d ). Receipt of an instrument is satisfaction 3-501- ( 4 ) day after day of receipt 3-603 tender of payment ( b ) refusal is discharge ( c ) able & ready to pay at every place of a payment stated Your Affiant has claimed, maintain, and have at all times has retained his Constitutionally secured Rights especially, but not limited to, all aspects of this instant matter ; Waivers of Constitutional Rights must not only be done voluntarily, they must be knowingly intelligent acts done with sufficient awareness of the relevant circumstances and consequences.I can't provide exact dates because I have been trying to get this matter settled with EXPERIAN INFORMATION SOLUTIONS INC., XXXX XXXX XXXX and XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX etc for many years XXXX As they refuse to verify and/or validate the debt properly and in accordance to federal law, therefore I am submitting this complaint. I have a problem with their legal characteristic by nature, as they have not given equitable relief. I am submitting one Administration Judgment ( documentation ) for proof and the account should be discharged. This firm has been unlawfully and illegally trying to collect on monies already prepaid pursuant to HJR-192 of 1933. Additionally pursuant to 31 U.S.C. 3123 the interest and public debt is the obligation of the United States. I must also report that it has been past 7 years and this firm is still continuing to report false information on the report. I have fully investigated my rights in this matter. Under the doctrine of estoppel by silence, Engelhardt v Gravens ( Mo ), 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 ( which they keep reporting illegally ). As a result of these blatantly reckless, wanton and intentional acts, I have suffered and continue to suffer general and specific damages. 
EXPERIAN INFORMATION SOLUTIONS INC., 1.Remove, Block and Delete ; XXXX XXXX XXXX XXXX XXXX XXXX Account Account info - Account number XXXX XXXXRemove Charged off ; XXXX XXXX Account info - Account number - XXXX XXXXRemove - XXXX XXXX XXXX XXXX Account info - Account number - XXXX XXXX Remove- ; XXXX XXXX XXXX Account info - Account number XXXX To whom it may concern, I, XXXX 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 {$200000.00}? 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. Without prejudice/Recourse UCC 1 308XXXX XXXX XXXX EXPERIAN CFPB

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