Consumer complaint received 2017-12-27
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 identity theft : Statement of claim - i XXXX XXXX XXXX did not give permission for XXXX XXXX or any banks involved to use my private and personal information to create any loans transactions nor accounts. My private information and personal information has been stolen and used by way of identity theft to create such loans securities and such the like. I have made every attempt to settle these matters and now are filing claims in federal state court ( s ). 
1. THE PARTIES Comes now the Real Party ( s ) In Interest XXXX XXXX XXXX, and XXXX XXXX XXXX is now, and at all times relevant to this action, the real property owners and residents of the County of XXXX XXXX, State of CALIFORNIA. 
Defendant ( s ), XXXX XXXX XXXX XXXX and all other subsidiaries involved. 
2. JURISDICTION The real property is located at XXXX XXXX XXXX XXXX XXXX CA [ XXXX ] Aka XXXX XXXX XXXX California as well the alleged transactions and events which are the subject matter of this Claim all occurred within the County of XXXX XXXX, State of CALIFORNIA. Wherein XXXX XXXX not The Department Of Education, has alleged to to acquire and service a loan from The Department Of Education, XXXX XXXX, and such the like as of XXXX XXXX. All the documents produced by XXXX XXXX are unverified, without validation from an XXXX or agent of status within the banking agency or servicing collection dept. 
The Defendant XXXX XXXX, used deceptive debt collection practices to attempt to create a contract by way of payment stated on their letter head We are a debt collector. This communication is an attempt to collect a debt and any information obtained will be used that purpose. However, to the extent your original obligation was discharged or is subject to an automatic stay of bankruptcy under Title 11 of the United States Code, this notice is for compliance with non-bankruptcy law and/or informational purposes only and does not constitute an attempt to collect a debt or to impose personal liability for such obligation. Nothing in this letter ( including our use of the words " your, '' " loan, '' debt, '' or " account '' ) means that you 're required to repay a debt that 's been discharged. Any payment you make on the account is voluntary, but we may still have rights under the security instrument, including the right to the property. 
This information of creation of debt is false. All my private and personal information has been used to create this loan as in identity theft. It is believed and proven that XXXX XXXX are aquatinted with other agencies such as banks and are attempting to extort due to my investments and money wealth status. There connections are obvious as to the previous banks that has attempted to create a mortgage loan by identity theft and forgery. XXXX XXXX stated that they had my wet signature but such is impossible because i never signed any documents with a pen in ink for a contract of such, and they have failed to produce such alleged accounts. 
They used such wording to deceive such as lf you are represented by an attorney, please refer this letter to your attorney and provide us with the attorney 's name, address, and telephone number. This is deceptive due to the fact that many attempts where made on the behalf of the Plaintiffs to removed the debt with offer ( s ) to pay, accepted for value return for value aka discharge and a bond money order which was not rejected in writing nor in explanation with a legal notarized document with agent or officer signature explanation as to why or why not offers where not excepted within the legal bylaws UCC laws etc, ..

Definition - Acceptance for Value is a remedy available only in commercial law ( the Uniform Commercial Code or UCC ). One can accept for value ONLY a commercial instrument that has been issued for value, that is when 1. ) the instrument has been issued to generate value where there is NO prior value ; AND when 2. ) the instrument ( such as a bill or a charge ) has NO signed contract to back it up. In short, an instrument issued for value is an OFFER TO CONTRACT from someone ( the ISSUER ),
unbacked by a pre-existing, written contract, in which that person is attempting to get YOU to give value to that instrument by having you falsely believe that you owe money when you, in fact, owe nothing. HOW you respond, determines whether YOU or the ISSUER becomes liable for the amount claimed. If you ignore the offer ( and therefore dishonor the person making the offer ) or give it a blank endorsement ( with your signature only ), you have assumed liability for the amount specified. However, if you give the instrument a qualified endorsement or conditional acceptance ( by accepting it for value ), you have, in fact, made a counteroffer, and kept yourself in honor by responding to the original offer, and thereby kept the liability on the ISSUER. In the case of a bill sent to you, your qualified endorsement via accepted for value keeps the ISSUER liable for the money claimed NOT you! You retain your status as the creditor in the situation, and it is up to YOU whether that instrument ( the bill or charge you received ) becomes a negotiable instrument ( money ) with which you can settle the account. You can either accept for value, placing all liability for payment on the original issuer ; OR you can accept for value and then specify that the money will be paid using the money created by your government bond created by your Birth Certificate under the emergency laws enacted following the bankruptcy of the U.S. in 1933. ( Note : In the bankruptcy of 1933 the U.S. government took ownership of all land and possessions of the American people, including the people themselves as surety for further loans from the Federal Reserve and the international bankers. Under the legal TRUST created by the U.S. Constitution, such a taking action would have been outright theft and fraud, so the government was required to offer a remedy to the people, as the beneficiaries of that TRUST, in order to exercise their rights, if they so choose. ) Since the issuer had NO signed, written contract to back his claim, he was forced to issue for value ( i.e., issue it in an attempt to create value ) his instrument ( whether a bill, legal indictment, traffic ticket or other violation of a statute, any demand for payment, or whatever ). In essence, the issuer is throwing you a hot potato and is hoping you will be ignorant enough to simply accept the instrument as a contract offer as it is ; and give it value by ignoring it or by your blank endorsement ; and to thereby accept the liability for paying it. If you accept it for value and return it for value, you have tossed him back the hot potato in the form of a counteroffer, so that he ( the issuer ) becomes liable for the amount of money specified in his original instruments claim, unbacked by any pre-existing contract. 
Consequently, the instrument issued pays the instrument! The original issuer pays the original issue he pays himself. Therefore, the transaction is balanced to zero and closed. 
Of note : In ALL penal actions for violations of STATUTES, the national debt is the PRESUMED preexisting contract, for purchase, that influences the conscience of the judge in making his decisions. Since under the Laws of XXXX and the Natural Law ( derived from XXXX Law ), ALL men are equal in authority. Therefore, no man or body of men can legitimately coerce or force another man to do something against his wishes and will! Consequently, under the Common Law, and international commercial law, NO man can be forced into a contract against his wishes, AND there must be equal consideration ( things of equal VALUE ) exchanged between the parties, with full disclosure of information, in order for a contract to be valid. It appears that today, few Americans realize that under long-standing international law, ALL legislated STATUTES or ACTS by any legislative body are mere OFFERS TO CONTRACT, which any individual man has the right to accept or refuse, as he wishes. One must remember that since 1933, ALL statutes ( legislated laws ) in the U.S. exist to pay back the national debt of the U.S. to the Federal Reserve banks and other U.S. creditors and they want you to agree and consent to be liable for this debt! Therefore, if a district attorney issues an information ( similar to an indictment, but not requiring a grand jury ) to you charging you with a crime, you have three choices regarding his offer to contract. First, you can IGNORE it, in which case you are in dishonor and assume liability for payment in either money or service in prison to repay the national debt. Second, you can SIGN it without conditions ( called an unqualified endorsement or blank endorsement ), then you have created a negotiable instrument by giving it value and have assumed liability for paying it, which can then be enforced by the issuer ( the district attorney as the government ) to help pay off the national debt. OR third, you can sign the information with a qualified endorsement using accept for value ( a counteroffer ), by which you give that instrument a monetary value, but keep the liability for paying it on the ISSUER. So, in the case of legal charges against you by a district attorney or a court clerk ( usually by a traffic ticket issued by a police officer ), through an accept for value endorsement you have avoided all liability ; and kept the liability for payment ( as money and/or a prison sentence ) on the district attorney and/or court clerk it is then, THEY who need to pay the fine or fulfill the imposed prison sentence for that statute violation ; NOT you, since you did not accept liability. They tossed a hot potato to you and expected you to pay. But since they had NO signed, written contract in which you agreed to obey that particular statute, they were required under U.C.C. commercial law to issue that document for value that is, to issue it in the hope that YOU would give it value AND take liability for paying it by accepting it without any  qualifications. However, by your accept for value qualified endorsement, you agreed to it and gave it its value, but declined to accept liability for payment. Then by returning the instrument ( the charges against you ), you tossed the hot potato back to them and kept THEM liable for any payments! This system may sound INSANE, but this is how the financial and legal system was set up following the 1933 bankruptcy of the U.S., along with the amended extensions of national emergency of 1917 and 1933. When you go to court, you go to a legislative-statutory court in essence, a Maritime-Admiralty court operating under the UCC bankruptcy code whose sole purpose is to fund the national debt NOT into a true judicial court. You are PRESUMED guilty and are subject to a summary judgment without any trial by jury, unless you simultaneously convene your OWN court-of-record under the Common Law within that courtroom. And that system is still in effect today within the U.S. 
i XXXX XXXX XXXX the Real Party ( s ) In Interest would prefer a quick resolution. We pray that this can be resolved asap or we shall prey on these factual evidences that has been provided to the Defendant and company for the past eight ( 2 ) years and therefore does not possess that of the Real Party ( s ) In Interest assets therein. 
Any and all attempts of Records of accounts shall be blocked by all credit reporting agencies or each one will be aiding and abetting in deed fraud, an alleged mortgage loan, and identity theft, leading to extortion, which claims are being filed at this moment against all banks and personnel involved, not limited to corporations government agencies and others.

Company response to consumer: Closed with explanation