Consumer complaint received 2019-04-19
Company: Fidelity National Information Services, Inc. (FNIS)
State: CA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account information incorrect

Complaint:
XXXX HAS NOT RESPONDED TO DEFAULT NOTICE SENT XX/XX/XXXX..

XXXX HAS NOT DELETED INACCURATE INFORMATION.

XXXX HAS NOT DELETED Inquirer : XXXX XXXX XXXX XXXX   on Inquirer Date : XX/XX/XXXX.

XXXX XXXX HAS BEEN GIVEN ALL THE REQUIRED SUPPORTING DOCUMENTS TO HAVE THIS INACCURATE INFORMATION REMOVED FROM MY XXXX CREDIT FILE.

*******************INACCURATE VERIFICATION OF ACCOUNT******************** *****THIS ACCOUNT IS FRAUDULENTLY MISREPRESENTED AND INACCURATE***** ************************XXXX DELETED THIS ACCOUNT************************ **********************XXXX DELETED THIS ACCOUNT************************ *************PLEASE DELETE THIS ALLEGED ACCOUNT IMMEDIATELY************ ********SAFE AMERICA FCU HAS FAILED TO RESPOND TO CERTIFIED MAIL******* Notice Date : XX/XX/XXXX RE : Consumer ID : XXXX  Consumer Relations Department : FIRST, I was recently informed of negative information reported by XXXX XXXX XXXX XXXX   located at : XXXX XXXX XXXX XXXX, CA XXXX , included in the file XXXX maintains under my Social Security number. Upon ordering a copy of the report, I found an entry from this bank Inquirer : XXXX XXXX XXXX XXXX   on Inquirer Date : XX/XX/XXXX.

I am unaware of ever having an account from this Credit Union. My repeated attempts to contact this institution has been unsuccessful, resulting in a judgement being publicly filed and litigation pending commercial injuries. State and Federal violations have been breached by XXXX XXXX XXXX XXXX. Please see the attached certified copy verifying XXXX XXXX XXXX XXXX Non-Response and Non-Performance. I ask that this information be immediately deleted from the record XXXX  maintain under my Social Security number and provide an updated report as soon as possible.

SECOND, the following personal information needs to be deleted immediately : Any NAME that DOES NOT MATCH : XXXX XXXX XXXX Please remove all other NAME variations IMMEDIATELY. They are inaccurate. Any another NAME belongs to another individual with same/similar name.

XXXX XXXX IS INACCURATE AND XXXX MUST DELETE.

XXXX XXXX XXXX IS INACCURATE AND XXXX MUST DELETE.

THIRD, the following addresses need to be deleted immediately : Any ADDRESSE ( S ) that DO NOT MATCH my PERMANENT ADDRESS : XXXX XXXX XXXX XXXX XXXX XXXX XXXX, CA XXXX Please remove all other CONTACT INFORMATION Variation ( s ) IMMEDIATELY. They are INACCURATE ADDRESSES AND INACCURATE FORMER ADDRESSES. Any other ADDRESS belongs to another individual with same/similar ADDRESS : XXXX XXXX XXXX XXXX XXXX, CA XXXX This ADDRESS belongs to another individual with same/similar ADDRESS. XXXX must remove and delete immediately.

XXXX XXXX XXXX XXXX XXXX, CA XXXX This ADDRESS belongs to another individual with same/similar ADDRESS. XXXX must remove and delete immediately.

LAST, I want to inform XXXX  that failure to comply with federal regulations of credit reporting agencies are investigated by the Federal Trade Commission ( see 15 USC 41, et seq. ). I am maintaining a careful record of my communications with you for the purpose of filing a complaint with the FTC, CFPB and the state of Minnesota Attorney General 's office, should you continue in your non-compliance. I further remind you that, as in Wenger v. Trans Union Corp., No. 95-6445 ( C.D.Cal. Nov. 14, 1995 ), you may be liable for your willful non-compliance.

Failure on your behalf to provide a copy of any alleged contract or other instrument bearing my signature will result in a small claims action against your company. I will be seeking {$5000.00} in damages for the following : 1. ) Defamation 2. ) Negligent Enablement of Identity Fraud 3. ) Violation of the Fair Credit Reporting Act Notice Date : XX/XX/XXXX RE : Consumer ID : XXXX NON-RESPONSE / NON-PREFORMANCE VIOLATION OF 15 U.S.C. 1681 Be it known, that, the person signing below, a duly empowered Notary Public and XXXX XXXX Registered Process Server, at the request of : XXXX XXXX XXXX, herein after Claimant, in care of : XXXX XXXX XXXX XXXX XXXX XXXX XXXX, California [ XXXX  ] ; did duly present on XX/XX/XXXX, U.S.P.S. Certified Mail Article No. 7016 2710 0000 1515 4051 received by Respondent ( s ) on or about XX/XX/XXXX at : XXXX Inc. Attn : Consumer Relations Department , XXXX XXXX XXXX XXXX XXXX XXXX, XXXX, MN XXXX ; the following instrument ( s ), hereinafter referred to as the, PRESENTMENT [ complete sanitized packet containing 27 leaves ] : 1 ) CERTIFIED MAIL # : XXXX XXXX XXXX XXXX XXXX NOTICE OF CONSUMER REPORT ERRORS ( three leaves ) 2 ) ATTACHMENTS : Enclosures 1 5 ( twenty-four leaves ) TOTAL twenty-seven ( 27 ) leaves.

All named Respondents have been informed that, there is no contest or issues in controversy, and that the Respondents failure to respond or preform on the accounts in dispute proves FRAUD upon the Alleged Accounts.

NOTICE : This is a Notice of Fault upon the instrument ( s ) presented by Claimant XXXX XXXX XXXX on or about XX/XX/XXXX with U.S.P.S. Certified Mail Article No. XXXX XXXX XXXX XXXX XXXX   received by Respondent ( s ) on or about XX/XX/XXXX at : XXXX XXXX. Attn : Consumer Relations Department , XXXX XXXX XXXX XXXX XXXX XXXX, XXXX, MN XXXX.

Pursuant to FCRA Respondent i.e. XXXX  DOES NOT have XXXX XXXX XXXX, Claimant ( s ) permission to communicate personal information in regards to the alleged debt/accounts referenced within the U.S.P.S. Certified Mail Article No. XXXX XXXX XXXX XXXX XXXX.

XXXX is in violation of 15 U.S.C. 1681 requiring XXXX under the FCRA to have properly verify the accuracy of an alleged account listed within a credit report with physical documents i.e. certified contracts.

DISHONOR : By the terms and conditions of the agreement resulting by the offer and acceptance of the Presentment, the Respondent ( s ) are under the duty and obligation to timely and in good faith honor the offer by a presentment within fifteen ( 15 ) days, providing PROOF OF CONTRACT to substantiate alleged debt/accounts claimed.

XXXX had 15 days to provide strict proof of contract and has now dishonored presentment by non-performance of physical documents i.e. certified contracts.

Respondent ( s ) have ignored Claimants request to provide the documents in XXXX files that were used to verify the alleged and disputed accounts, which means that Respondent ( s ) have NOT verified or CAN NOT verify any alleged accounts. Therefore, pursuant to Section 611 ( 5 ) ( A ) of the FCRA ChexSystems is required to promptly delete all information which can not be verified.

CERTIFICATION and VERIFCATION shall be done through the presence of a notary public, who authenticates and duly swears the copy made is in fact a copy of the original paper contract in question ( meaning the original contract from the original creditor would need to be provided to the notary, and the notary would need to make the copy themselves ).

These matters have been deemed settled, res judicata, stare decisis and therefore, act upon XXXX  to PERFORM by promptly deleting FRAUDLENTY OPENED/ALLEGED ACCOUNT.

MERE DECLARATIONS ARE AN INSUFFICIENT RESPONSE.

Allowing fifteen ( 15 ) days for the performance, the time allowed having passed for PERFORMANCE, and the Resident Agent showing no record of an accepted offer, Claimant now deems the instrument ( s ) to have been dishonored on 03 January 2019, and therefore a confession of judgment on the merits is warranted.

FAULT : In the event XXXX  can not provide strict proof of contract, XXXX must cease and desist any and all collection efforts and immediately remove any derogatory information reported to the consumer reporting agencies.

For the failure in honoring the offer places the Respondent ( s ) at FAULT.

This presentment is the Claimant ( s ) good faith offer for an extension of time to the Respondent ( s ) for making the required presentment by an additional fourteen ( 14 ) days. Respondent ( s ) have fourteen ( 14 ) days, for making presentment at the Resident Agent address given above.

For the Respondent ( s ) failure, refusal, or neglect of a verified response, as a sufficient verified response is defined below, this Notice of Fault ( Opportunity to Cure ) is consenting with the Claimant ( s ) entry of a Notice of Default upon the Respondent ( s ), and the issuance of a certificate verifying Respondent ( s ) non-performance, acceptance of liability, and Respondent ( s ) acquiescence and tacit agreement with all terms, conditions and stipulations herein.

Notice Date : XX/XX/XXXX Respondent ( s ) : XXXX XXXX.

Attn : Consumer Relations Department XXXX XXXX XXXX XXXX XXXX XXXX XXXX, MN XXXX  United States RE : Consumer ID : XXXX Notice of Default NOTICE : This is a Notice of Default upon the instrument ( s ) presented by Claimant XXXX XXXX XXXX on or about XX/XX/XXXX, U.S.P.S. Certified Mail Article No. XXXX XXXX XXXX XXXX XXXX   received by Respondent ( s ) on or about XX/XX/XXXX at : XXXX XXXX. Attn : Consumer Relations Department , XXXX XXXX XXXX XXXX XXXX XXXX, XXXX, MN XXXX  ; the following instrument ( s ), hereinafter referred to as the, PRESENTMENT [ complete sanitized packet containing 27 leaves ].

PRESENTMENT : On XX/XX/XXXX Claimant presented the following instrument ( s ), hereinafter referred to as the PRESENTMENT [ complete sanitized packet containing 27 leaves ], to the Respondent ( s ), for the Respondent ( s ) acceptance and PERFORMANCE thereto.

NON-PERFORMANCE : Allowing more than thirty ( 30 ) days to PERFORM places XXXX XXXX. in DEFAULT and will be construed as a commercial injury, violation of agreement, fraud, fraud by scienter, violation of commercial law and otherwise. XXXX XXXX. must cease and desist any and all collection efforts and immediately remove any derogatory information reported to the consumer reporting agencies that have NOT been VERIFIED WITH CERIFIED CONTRACTS.

DISHONOR : By the terms and conditions of the agreement resulting in the offer and acceptance of the Presentment, the Respondent ( s ) are under the duty and obligation to timely and in good faith honor the offer by PERFORMANCE within thirty ( 30 ) days containing a response on a point by-point basis, via a sworn affidavit, under the Respondent ( s ) full commercial liability, signing under the penalty of perjury that the facts contained therein are true, correct, complete and not misleading.

MERE DECLARATIONS ARE AN INSUFFICIENT RESPONSE.

DEFAULT : Allowing fifteen ( 15 ) days for XXXX XXXX. to provide certified contracts used within the verification of information regarding XXXX XXXX XXXX file, an additional fourteen ( 14 ) on the opportunity to cure FAULT, and time allowed having passed, Resident Agent showing no record of acceptance, rebuttal or verified response of Presentment, Claimant now deems the Presentment and the Notice of Fault ( Opportunity to Cure ) to be dishonored by DEFAULT on XX/XX/XXXX.

XXXX HAS NOT RESPONDED TO DEFAULT NOTICE SENT XX/XX/XXXX..

XXXX HAS NOT DELETED INACCURATE INFORMATION.

XXXX HAS NOT DELETED Inquirer : XXXX XXXX XXXX XXXX on Inquirer Date : XX/XX/XXXX.

XXXX XXXX HAS BEEN GIVEN ALL THE REQUIRED SUPPORTING DOCUMENTS TO HAVE THIS INACCURATE INFORMATION REMOVED FROM MY XXXX CREDIT FILE.

*******************INACCURATE VERIFICATION OF ACCOUNT******************** *****THIS ACCOUNT IS FRAUDULENTLY MISREPRESENTED AND INACCURATE***** ************************XXXX DELETED THIS ACCOUNT************************ **********************XXXX DELETED THIS ACCOUNT************************ *************PLEASE DELETE THIS ALLEGED ACCOUNT IMMEDIATELY************ ********XXXX XXXX XXXX HAS FAILED TO RESPOND TO CERTIFIED MAIL*******

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