Consumer complaint received 2023-09-05
Company: EQUIFAX, INC.
State: GA
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a company's investigation into an existing problem
Sub-issue: Their investigation did not fix an error on your report

Complaint:
CFPB, I ; with good faith, and without ill intent ; provided a securitized remittance coupon instrument to offset balances owed on XXXXXXXX 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 XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  In accordance with the Trust Indenture Act of 1939, Securities Exchange Act of 1934, UPU Treaty of 1863, the Bill of Exchange Act of XXXX. I called the corporate phone number listed on the SEC XXXX filing for XXXX XXXX at ( XXXX ) XXXX and spoke to the corporate attendant, to oblige if the securitized remittance coupon instrument was received. I was then transferred to the mail room attendant who affirmed that the securitized remittance coupon instrument was received and advised to have the building attendant transfer me to the corporate secretary ( Admin ) for XXXX XXXX XXXX XXXX. The attendant took my information and stated that someone from XXXX XXXX office would contact me. I was contacted at phone number XXXX ( XXXX ) XXXX by the Corporate Secretary for XXXX XXXX XXXX XXXX. The Corporate Secretary stated that a securitized remittance coupon instrument was not an acceptable form of payment. I then asked if the securitized remittance coupon instrument would be mailed back, and the Corporate Secretary stated, We do not send mail to individuals. I asked if XXXX XXXX was the XXXX XXXX for XXXX XXXX, and the Corporate Secretary stated We are only backing the XXXX Card, we are not their Trustee. I then asked what was done to the securitized remittance coupon instrument, and the Corporate Secretary, on the recorded line stated, It has been destroyed. It should be stated that Corporations are not above the law and should act in good faith and in without prejudice and in adherence with the rules and regulations of commerce and trade and without injury to the consumer. I am seeking the proper restitution, as the securitized remittance coupon instruments holder which has now been destroyed by XXXX XXXX. 

Please note per Uniform Commercial Code law regarding TENDER OF PAYMENT and DISCHARGE BY CANCELLATION OR RENUNCIATION : XXXX. Uniform Commercial Code 3-603. TENDER OF PAYMENT. 

( 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, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates. 

3-604. DISCHARGE BY CANCELLATION OR RENUNCIATION. 
( a ) A person entitled to enforce an instrument, with or without consideration, may discharge the obligation of a party to pay the instrument ( i ) by an intentional voluntary act, such as surrender of the instrument to the party, destruction, mutilation, or cancellation of the instrument, cancellation or striking out of the party 's signature, or the addition of words to the instrument indicating discharge, or ( ii ) by agreeing not to sue or otherwise renouncing rights against the party by a signed record. 


In this regard, XXXX XXXX is NO LONGER LIABLE for balances owed on XXXX card Please note that no one may make any attempt to collect a discharged debt ie : ( sue, garnish wages, assert a deficiency ( derogatory credit reporting ) ) Creditors can not contact the debtors by mail, phone, or otherwise in any attempt to collect the debt personally. 
Creditors who violate this order can be required to pay debtors damages and attorneys fees.

Company response to consumer: Closed with explanation