Consumer complaint received 2020-09-08
Company: EQUIFAX, INC.
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: Information belongs to someone else

Complaint:
XXXX XXXX XXXX XXXX XXXX XXXX 
XXXX XXXX, CA XXXX DOB : XX/XX/XXXX SS # : XXXX XX/XX/XXXX XXXX XXXX XXXXXXXX XXXX. 
XXXX XXXX XXXX XXXX XXXX, IA XXXX To Whom It May Concern, This letter is a formal complaint that you are reporting inaccurate and incomplete credit information. 
You have incorrectly attributed an account to my name. My correct address is XXXX XXXX XXXX XXXX XXXX, CA XXXX. There should be no account for XXXX XXXX under my name. This is a fraudulent account and I would like this inaccurate information deleted immediately. 
I am writing in regard to the above referenced accounts and transactions.This vehicle was repossessed by XXXX XXXX in the State of California on or about, XX/XX/XXXX, and resold on or about XX/XX/XXXX. Under the laws of the State of California UCC 9205 and State RISA and MVISA statutes a deficiency can not be claimed unless all of the required notices were properly and timely given, and all of the allowable redemption and cure time limits were adhered to. Please provide copies of the legal notices and proof of the commercially reasonable manner of the resale of the subject vehicle. 
If no such proof is provided within 14 days from receipt of this notice, the alleged claim of a deficiency will be considered null and void, and any continued collection activities, or continued reporting of this invalid claim on my credit reports will be considered a violation of the FDCPA and FCRA. 
In addition, if you singularly or severally fail to comply with the above requests, I reserve the right to seek damages against all parties, under all available State and Federal statutes and UCC 9 remedies. 
I am distressed that you have included the information below in my credit profile and that you have failed to maintain reasonable procedures in your operations to assure maximum possible accuracy in the credit reports you publish. Credit reporting laws ensure that bureaus report only 100 % accurate credit information. Every step must be taken to assure the information reported is completely accurate and correct. The following information therefore needs to be re-investigated. 
According to the Fair Credit Reporting Act, Section 609 ( a ) ( 1 )  ( A ), you are required by federal law to verify, through the physical verification of the original signed consumer contract, any and all accounts that you post on a credit report. Otherwise anyone paying for your reporting services could fax, mail or email in a fraudulent account. 
I demand to see verifiable proof ( i.e. : an original consumer contract with my signature on it ) that you have on file for the account listed below. 
Your failure to positively verify these accounts has hurt my ability to obtain credit. Under the FCRA, unverifiable accounts must be removed and if you are unable to provide me a copy of verifiable proof, you must remove the account listed below. 
I demand that the following account be verified or removed immediately : Account Name XXXX XXXX XXXX XXXX   Account # XXXX I respectfully request to be provided proof of this alleged item, specifically the contract, note or other instrument bearing my signature. 
Failing that, the item must be deleted from the report as soon as possible. This information is entirely inaccurate and incomplete, and as such represents a very serious error in your reporting. Please delete this misleading information and supply a corrected credit profile to all creditors who have received a copy within the last six months, or the last two years for employment purposes.

Under federal law, you have thirty ( 30 ) days to complete your investigation. 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 fifteen ( 15 ) days of the completion of your investigation. 
Thanks for your help in this matter, XXXX XXXX XXXX Attached : Response Letter from XXXX Previous Letter with Certified Receipt Dated XX/XX/XXXX Drivers License

Company response to consumer: Closed with explanation