Consumer complaint received 2018-11-07
Company: EQUIFAX, INC.
State: WI
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: Problem with personal statement of dispute

Complaint:
1. On or about XX/XX/2018, the Libellant sent a Credit Dispute : Demand to Remove and Delete Unverified Accounts/items/inquiries to EQUIFAX. This notice was sent by USPS Certified Mail # XXXX XXXX and was delivered on XX/XX/2018. Per USPS 3811 Return Receipt in the possession of the Libellant, EQUIFAX did not respond with proof of claim. Despite prior two written requests, the unverified items listed remain on my credit report in violation of Federal Law. As a matter of law, EQUIFAX INFORMATION SERVICES LLC was required under the FCRA to have a copy of the original creditors documentation on file to verify that this information is mine and is correct. EQUIFAX did NOT provide me a copy of ANY original documentation ( a consumer contract with my signature on it ) as required under Section 609 ( a ) ( 1 ) ( A ) & Section 611 ( a ) ( 1 ) ( A ). Furthermore EQUIFAX have failed to provide the method of verification as required under Section 611 ( a ) ( 7 ). EQUIFAX did not comply under Section 611 ( 5 ) ( A ) of the FCRA by promptly deleting all information which can not be verified. Pursuant to Section 616 and 617, the law is very clear as to the civil liability and remedy available, and the libellant fully hereby enforce my rights under the FCRA. 

2. On or about XX/XX/2018, the Libellant sent a NOTICE OF PENDING LITIGATION to EQUIFAX. This notice was sent by Certified Mail # XXXX XXXX and was delivered on XX/XX/2018. Per USPS 3811 Return Receipt in the possession of the Libellant, EQUIFAX did not respond with proof of claim. As a matter of law, EQUIFAX XXXX XXXX XXXX was required under the FCRA to have a copy of the original creditors documentation on file to verify that this information is mine and is correct. EQUIFAX did NOT provide me a copy of ANY original documentation ( a consumer contract with my signature on it ) as required under Section 609 ( a ) ( 1 ) ( A ) & Section 611 ( a ) ( 1 ) ( A ). Furthermore EQUIFAX have failed to provide the method of verification as required under Section 611 ( a ) ( 7 ). EQUIFAX did not comply under Section 611 ( 5 ) ( A ) of the FCRA by promptly deleting all information which can not be verified. Pursuant to Section 616 and 617, the law is very clear as to the civil liability and remedy available, and the libellant fully hereby enforce my rights under the FCRA. 

3. On or about XX/XX/2018, EQUIFAX were sent a Notice of Fault and Notice to Validate Debt Claim for the alleged creditors in dispute. This notice was sent by Certified Mail # XXXXXXXX XXXX EQUIFAX did not respond accordingly. Per USPS 3811 Return Receipt in the possession of the Libellant, EQUIFAX did not respond with proof of claim. As a matter of law, EQUIFAX XXXX XXXX XXXX was required under the FCRA to have a copy of the original creditors documentation on file to verify that this information is mine and is correct. EQUIFAX did NOT provide me a copy of ANY original documentation ( a consumer contract with my signature on it ) as required under Section 609 ( a ) ( 1 ) ( A ) & Section 611 ( a ) ( 1 ) ( A ). Furthermore EQUIFAX have failed to provide the method of verification as required under Section 611 ( a ) ( 7 ). EQUIFAX did not comply under Section 611 ( 5 ) ( A ) of the FCRA by promptly deleting all information which can not be verified. Pursuant to Section 616 and 617, the law is very clear as to the civil liability and remedy available, and the libellant fully hereby enforce my rights under the FCRA. 


4. On or about XX/XX/2018, the Libellant  sent a Notice of Default in Dishonor upon the instrument ( s ) tendered by the Libellant  and the third-party witness, with the U.S.P.S. Certified Mail Article No. # XXXX with a Return Receipt requested. It was received by the Respondent ( s ) on or about XX/XX/2018 by XXXX  with EQUIFAX at their address, with the U.S.P.S. Certified Mail Article No. # XXXX. Per USPS 3811 Return Receipt in the possession of the Libellant, EQUIFAX did not respond with proof of claim. 

5. Wisconsin Certified Notary Public, at the request of the Libellant, presented the following instruments and Presentments to EQUIFAX : i. FIRST, SECOND AND THIRD WRITTEN REQUEST and FINAL WARNING ; ii. an AFFIDAVIT OF LEGAL NOTICE AND DEMAND TO VALIDATE DEBT CLAIM sent to alleged creditors on XX/XX/2018 iii. Allowing ten ( 10 ) days for all responses, an additional twenty ( 20 ) days on the opportunity to cure, and the time allowed having passed for the LIBELLEE to cure their dishonor, and the Notary showing no record of rebuttal or response, the Libellant and third-party witness now deem the instrument ( s ) to have been dishonored on or around XX/XX/2018, and the Notice of Fault and Opportunity to Cure and to Contest Acceptance to have been dishonored on XX/XX/2018, thereby comprising a confession of judgment on the merits. 

iv. DEFAULT : For EQUIFAX failure to respond the Respondent ( s ) are at fault. For the Respondent ( s ) failure, refusal, or neglect to respond to the verified presentment and to the Notice of Fault and Opportunity to Cure and to Contest Acceptance, LIBELLEE thereby acquiesces and tacitly agrees with all terms, conditions, stipulations, obligations, and invoices set forth within the AFFIDAVIT OF LEGAL NOTICE AND DEMAND TO VALIDATE DEBT CLAIM.

Company response to consumer: Closed with explanation