Consumer complaint received 2019-04-11
Company: Experian Information Solutions Inc.
State: NV
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 debt alleged by XXXX is hereby Disputed according to the FDCPA 1692. XXXX admits finally receiving the payment on XX/XX/XXXX therefore the payment was not 30 days late. Such was done with proof of service and signatures required signed by all creditors as of Date when mailed out via USPS with proof of service. The law stalest that i must receive a Written Notification About Debt The law : Within [ 5 ] five days of initially contacting me, the collector must send written notice of the debt that includes : The amount of the debt The name of the original creditor to whom the debt is owed A statement describing your right to dispute the debt. They have failed to do this. Their response was a letter of decline of the Tender Of Payment. They used false statements and misleading documents to create a myth of a Deed Of Trust over the Tender Of Payment, which is fraud and perjury. False Statements or Representations - The law : Collectors cant threaten a lawsuit, criminal prosecution, wage garnishment, jail time, or to ruin your credit rating unless they have the legal authority to do so and intend to do so. These threats are often illegal. Collectors must take you to court first and win before they can take these kinds of actions if they are legal in the first place. What was stated to me in writing and over the phone 20 days later was that my payment method was illegal and unlawful and the CEO or Back Office Dept would be sending me a letter or have sent a letter but i have not received a letter nor any of the Tendered Payments back and therefore it is implied that they destroyed the mail and the Tendered Payment! The alleged contract that was never presented in full or in part is not a Unilateral nor a Bilateral contract or agreement. This means that none of the parties signed the contract. An online verbal or any other alleged consent agreement does not validate nor verify an agreement or contract for all parties must have a meeting of the minds. Or this can lead to fraud. First off i requested the CEO or Bank office of people knowledgeable of this type of payment but the CEO never responded. Second So without a proof of payment like a check or actual funds from the banks i was never loaned money because banks can't loan money from deposits within their bank from other customers so where did the money or funds come from? It appears to be a book keeping entry credit for a mortgage or loan or such and that is fraud due to the banking laws, banks can't loan money it doesn't exist only US Currency or Coin Tender or Conditional Acceptance.Attached are the FDCPA laws. The Corporation or Bank Threatened to Contact Someone or Share Information Improperly - The law : Collectors can call third parties such as family, neighbors, friends or co-workers only to locate the debtor. This debt is in dispute and can not be reported until validated and verified but such was stated that they would report to XXXX, XXXX, and Experian and others if i didn't make a payment. Therefore all are hereby notified that I [ lower case name as printed ] do hereby tender payment for the above referenced obligation of debt, and because this debt concerns property of the United States it is deemed by law and operation of statute to be a government obligation and must be handled in accord with the dictates of statute. I have accepted the obligation on behalf of the United States of America and hereby make assignment of the obligation to the United States Treasury Department on behalf of the United States of America as authorized by statute. They were to present the item ( remittance coupon ) to the United States Treasury Department or at any Federal Reserve bank to include any Federal Reserve member banks to redeem the value of the obligation. As per the terms of the contract this shall serve as my notice of change in terms of contract, cancelling and or suspending any acceleration penalties and paying the US government debt obligation for value through acceptance pledging an assignment in full. It has been over [ 25 ] twenty five days and nothing has posted as paid tendered or discharged and this disables me [ lower case name as printed ] by way of doing business employment and living free. I have the United States Post Office signed forms XXXX XXXX XXXX which is the delivery proof which is undeniable, and therefore the payment was received on time and is not late, as well the payment format was never returned to me. Rather on the complaint website the Corporation/Bank stated that they have declined payment format. If such the debt obligation is DISCHARGED! 3-603. TENDER OF PAYMENT. ( a ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, XXXX XXXX XXXX, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract. ( b ) 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. 
Verification - Doesn't mean that you send an in-house made up accounting ledger for this can be done by anyone you'll need to produce 804. Acquisition of location information Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall. ( 1 ) identify himself, state that he is conrming or correct- ing location information concerning the consumer, and, only if expressly requested, identify his employer ;. ( 2 ) not state that such consumer owes any debt ;. not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information ;. ( 4 ) not communicate by post card ;. ( 5 ) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communi- cation relates to the collection of a debt ; and. ( 6 ) after the debt collector knows the consumer is repre- sented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorneys name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to communication from the debt collector. 
Validation - Consent from the borrower that they agreed to such terms explained and defined and disclosed in full not in part and not by a none agent of the bank or creditor whom would be able to translate or transcribe definitions in full. You have failed to do this. 
806. Harassment or abuse - A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person. 
( 2 ) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.

( 3 ) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of sec- 15 USC 1692d. ( 4 ) The advertisement for sale of any debt to coerce pay- ment of the debt. This includes pre default or NOD notice of default which must be served on the debtor or payee and proof of such in writing not hearsay. 
. ( 5 ) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. ( 6 ) Except as provided in section 1692b of this title, the placement of telephone calls without meaningful dis- closure of the callers identity. 
807. False or misleading representations A debt collector may not use any false, deceptive, or mis- leading representation or means in connection with the col- lection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The false representation or implication that the debt collector is vouched for, bonded by, or af liated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. 
. ( 2 ) The false representation of ( A ) the character, amount, or legal status of any debt ; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. 
. ( 3 ) The false representation or implication that any indi- vidual is an attorney or that any communication is from an attorney.

. ( 4 ) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. 
1. Section 604 ( 3 ) has been renumbered as Section 604 ( a ) ( 3 ). 
. ( 5 ) The threat to take any action that can not legally be taken or that is not intended to be taken.

. ( 6 ) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to ( A ) lose any claim or defense to payment of the debt ; or ( B ) become subject to any practice prohibited by this subchapter. 
. ( 7 ) The false representation or implication that the con- sumer committed any crime or other conduct in order to disgrace the consumer. 
. ( 8 ) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed. 
. ( 9 ) The use or distribution of any written communication which simulates or is falsely represented to be a docu- ment authorized, issued, or approved by any court, of cial, or agency of the United States or any State, or which creates a false impression as to its source, autho- rization, or approval. 
. ( 10 ) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. 
. ( 11 ) The failure to disclose in the initial written communi- cation with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempt- ing to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action. 
. ( 12 ) The false representation or implication that accounts have been turned over to innocent purchasers for value. 
9 15 USC 1692f. ( 13 ) The false representation or implication that documents are legal process. 
( 14 ) The use of any business, company, or organization name other than the true name of the debt collectors business, company, or organization.

. ( 15 ) The false representation or implication that documents are not legal process forms or do not require action by the consumer.

. ( 16 ) The false representation or implication that a debt col- lector operates or is employed by a consumer reporting agency as de ned by section 1681a ( f ) of this title. 
You have done so without impunity and correction. 
808. Unfair practices - A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limit- ing the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The collection of any amount ( including any interest, fee, charge, or expense incidental to the principal obli- gation ) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. 
. ( 2 ) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than ve days unless such person is noti ed in writing of the debt collectors intent to deposit such check or instrument not more than ten nor less than three busi- ness days prior to such deposit. 
. ( 3 ) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the pur- pose of threatening or instituting criminal prosecution. 
. ( 4 ) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument. 
. ( 5 ) Causing charges to be made to any person for com- munications by concealment of the true propose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees. 
Each time you contacted the debtor in this matter you added late charges and fees after a Tender Of Payment was delivered and served upon you without response within five [ 5 ] business days. Neither have your bank agency or corporation responded within the five days to say if you deny or accept the payment either way it is set for discharge. 
809. Validation of debts. ( b ) Disputed debts If the consumer notices the debt collector in writing within the thirty-day period described in subsection ( a ) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains veri cation of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such veri cation or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communi- cations that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a ) unless the consumer has noti ed the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communica- tion during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor. 
. ( c ) Admission of liability The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. 
. ( d ) Legal pleadings A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection ( a ). 
12 ( e ) Notice provisions The sending or delivery of any form or notice which does not relate to the collection of a debt and is expressly re- quired by title 26, title V of Gramm-Leach-Bliley Act [ 15 U.S.C. 6801 et seq. ], or any provision of Federal or State law relating to notice of data security breach or privacy, or any regulation prescribed under any such provision of law, shall not be treated as an initial communication in connec- tion with debt collection for purposes of this section. 
We demanded and required the following for verification a.wet signatures with its original color ink b. the original size document legible and readable c. the actual signature of the borrower in print and readable d. copies of all parties signed on the document or Unilateral or bilateral agreement You have failed to do this within the Five days after the debt was initially disputed. More over sending in house created accounting documents doesn't service or answer the unanswered questions for verification and validation of the alleged debt but the original materials and a wet signature not a computer generated signature nor a verbal consent over the phone for this could be identity theft and fraud. 
812. Furnishing certain deceptive forms ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. 
( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this subchapter. The documents you produced doesn't have your companies name or anyone signed from you agency or bank. Your agency bank or corporation has provided after the allowed five days [ approximately 25 days later ] computer generated in-house documents that i have never seen before. In fact the documents have been cut down in size or shrunken down from the alleged original size and is too dark and not legible. Also the definitions are not clear and no one has translated your terms which are one sided to me. 
It appears that XXXX is using the credit agency or bureau XXXX to promote false information which goes against the FDCPA and the FCRA. The signature they have produced as you can see is not my signature but in cursive that states WITHOUT CONSENT. My signature is my name printed and such is the legal and lawful way to sign your name. Also they have deleted numbers that i also printed next to my name using whiteout or some form of deletion. They asked me if i had received a Demand payoff letter and i have and such is attached with the Tender of Payment with my real signature printed on the Tender of Payment. There is no contract with XXXX. The Promissory Note which covers the payment how ever Tendered was done in full and they declined payment therefore this debt is Discharged by law. XXXX has used suspicious conveyance of language which is language fraud. Attempting to steel my property. I have contacted them since they arrived on the scened XX/XX/XXXX. I asked them how they acquired my private and personal information and they did not respond. In fact they have failed to respond to all of my request filed since XX/XX/XXXX. At one point in time XXXX called themselves the Lender and that they would also be servicing the alleged debt. Another time they changed it and called XXXX XXXX the Lender and XXXX the servicer. Please see attachments.

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 non-monetary relief