Consumer complaint received 2023-06-06
Company: EQUIFAX, INC.
State: FL
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:
Subject : Dispute of Alleged Deficiency Claim and Violation of FDCPA and FCRA Dear Sir/Madam, I am writing to formally dispute the claim of deficiency listed on my credit reports in relation to the repossession of a vehicle by XXXX XXXX XXXXXXXX XXXX as well as to report a potential violation of the Fair Debt Collection Practices Act ( FDCPA ) and the Fair Credit Reporting Act ( FCRA ). 

On XX/XX/2023XXXX XXXX XXXX XXXX repossessed the vehicle in question in the State of Florida and subsequently sent it to auction for resale. According to the laws of the State of Florida, as well as the relevant statutes such as the RISA and MVISA, a deficiency claim can only be valid if all necessary notices were provided in a proper and timely manner, and if the allowable redemption and cure time limits were strictly adhered to. 

To ensure the validity of the deficiency claim and the legality of the resale process, I requested XXXX XXXX XXXX to provide copies of the legal notices as well as proof of the commercially reasonable manner of the resale of the subject vehicle. However, despite the aforementioned request, XXXX XXXX XXXX has failed to furnish any such evidence within the designated time frame of 14 days from the receipt of my notice. 

Based on the lack of response and supporting documentation, I hereby assert that the alleged claim of deficiency is null and void. Any continued collection activities or reporting of this invalid claim on my credit reports would constitute a violation of both the FDCPA and the FCRA. 

I want to emphasize that I am committed to exercising my rights under the FCRA and seek appropriate recourse for any violations. Therefore, if XXXX XXXX XXXX singularly or severely fails to comply with the aforementioned requests, and if they persist in listing the disputed item on my credit report, I reserve the right to pursue legal action to seek damages against all parties involved. I am prepared to sue for actual damages and declaratory relief under the FCRA, utilizing all available State and Federal statutes and UCC-9 remedies. 

I prefer to resolve this matter amicably and avoid litigation if possible. However, I will not hesitate to use the courts as necessary to enforce my rights under the FCRA and seek the appropriate remedies. 

Enclosed with this letter are copies of the relevant documentation supporting my dispute, including the notice sent to XXXX XXXX XXXX requesting the legal notices and proof of the resale process. 

I kindly request that the Consumer Financial Protection Bureau undertake a thorough investigation into this matter to ensure compliance with the applicable laws and regulations, and to protect the rights of consumers like myself. 

Thank you for your attention to this dispute. I look forward to a prompt and favorable resolution.

Company response to consumer: Closed with explanation