Consumer complaint received 2019-04-17
Company: EQUIFAX, INC.
State: IL
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: Their investigation did not fix an error on your report

Complaint:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX, IL XXXX XXXX XXXX XXXX XXXX. XXXX   XXXX XXXX, TX XXXX XXXX : Account XXXX ( Original ) To whom it may concern, Please note that as of XX/XX/XXXX your claim has not been validated. I have fully documented all attempts to remove these inaccurate items and have also documented your failure to comply with Federal Laws. On XX/XX/XXXX I notified you in writing that I dispute the validity of this debt and asked that you comply with Section 809 of the Fair Debt Collection Practices Act by providing me with the following information : Name and address of alleged creditor Name on file of alleged debtor Alleged account # Address on file for alleged debtor Amount of alleged debt Date that alleged debt became payable Date of original charge off/delinquency Whether debt was assigned or purchased by collector Amount paid for purchased debt, if applicable Commission for debt collector if collection efforts are successful Original copies of Notice of deficiency, Reinstatement notice, and Notice of Sale along with the proper tracking information and return receipt Payment History Agreement between XXXX XXXX and XXXX that grants XXXX authority to collect on this debt Signed agreement debtor made with XXXX Complete payment history XXXX XXXX Method of Verification Name and address of bonding agent License and surety bond information that gives XXXX legal authority to collect in the state of Illinois On XX/XX/XXXX XXXX XXXX XXXX provided me with minimal, at best, insufficient and incomplete documentation. Several of the above-mentioned documents were missing most importantly the notices, receipts, complete payment history, licensure and bond information, and any contracts that the alleged debtor had with XXXX XXXX that stated the debtor had any contractual obligation to pay XXXX XXXX. On XX/XX/XXXX I requested, as required by FCRA 611 ( a ) ( 7 ), that you provide me with a complete copy of the information that you used to investigate the matter including the pertinent missing information ( a copy of that letter is included ) and again on XX/XX/XXXX you failed to provide me with that information and to delete the negative items because you were unable to reproduce it. 
Please be advised that you are required under the FCRA to have a copy of the original creditors documentation on file to verify that this information belongs to XXXX XXXX and it is to be completely accurate. As the Validation Department I am sure that you are aware, that law states that, Consumer Reporting Agencies, and those utilizing Consumer Reporting Agencies bear grave responsibilities to ensure the accuracy of the accounts they report on and that responsibility must coexist of something more than merely purporting information received from other sources. That third-party creditors are not holders in due course and not acknowledged under Law. 
Please verify, under penalties of perjury, that XXXX XXXX has a contract with You and/or XXXX XXXX XXXX, supervisors, heirs, agents and assigns without authorization of original contract. Please provide the contract with signatures wet-ink signed by all parties under the penalties of perjury. 
1 ) I, XXXX XXXX, am not in receipt of the document that verifies that XXXX XXXX XXXX, supervisors, heirs, agents and assigns under the penalties of perjury. Please produce that documentation. I demand strict proof. 
The following rules apply, pending resolution : a. The consumer need not pay ( and the creditor may not try to collect ) any portion of any required payment that the consumer believes is related to the disputed amount ( including related finance or other charges ). 
b. Adverse credit reports prohibited. The creditor or its agent shall not ( directly or indirectly ) make or threaten to make an adverse report to any person about the consumer 's credit standing, or report that an amount or account is delinquent, because the consumer failed to pay the disputed amount or related finance or other charges. 
All statements made by You not wet-ink-signed under the penalties of perjury shall be accompanied by a statement signed under the penalties of perjury that such statements may be made. 
In Title 28 of the United States Code ( 28 USC ) we find at section 1746 the following : TITLE 28, PART V, CHAPTER 115 1746. Unsworn declarations under penalty of perjury Release date : XXXX Wherever, under any law of the United States or under any rule, regulation, order, or requirement made pursuant to law, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn declaration, verification, certificate, statement, oath, or affidavit, in writing of the person making the same ( other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than a notary public ), such matter may, with like force and effect, be supported, evidenced, established, or proved by the unsworn declaration, certificate, verification, or statement, in writing of such person which is subscribed by him, as true under penalty of perjury, and dated, in substantially the following form : ( 1 ) If executed without the United States : " I declare ( or certify, verify, or state ) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on ( date ). ( Signature ) ''. Emphasis Added ( 2 ) If executed within the United States, its territories, possessions, or commonwealths : " I declare ( or certify, verify, or state ) under penalty of  perjury that the foregoing is true and correct. Executed on ( date ). ( Signature ) ''. 
Please answer the following questions which are to be responded to under the penalties of perjury, to each and every question in writing : Factually, are You an attorney? 
Yes or no. 
Factually, do You have a license to practice law granted to You by the State of Illinois? 
Yes or no. 
Is that an arbitrary opinion? 
Yes or no. 
Is that on facts currently within your knowledge? 
Yes or no. 
Factually, do You have a contract with XXXX XXXX? 
Yes or no. 
Factually, do You have a right or a privilege to make a legal determination for XXXX XXXX without her permission? 
Yes or no. 
Is that an arbitrary opinion? 
Yes or no. 
Is it based on facts currently within your knowledge? 
Yes or no. 
I direct You to declare the issues and provide the bill of particulars in the alleged debt of XXXX XXXX to You. 
I direct You to provide the proceeds, products, accounts, fixtures and services in the alleged debt of XXXX XXXX to Me. 
Where is the superior preexisting contract between XXXX XXXX XXXX, supervisors, heirs, agents and assigns and/or XXXX XXXX? 
Who is the real party of interest? 
Is there damaged property and the verified assessment of its value? 
Is that an arbitrary opinion? 
Yes or no. 
Is this based on facts currently within your knowledge? 
Yes or no. 
Each party in this case has failed to produce their license to practice law issued by the state of Illinois, and is practicing law without a license, representing Me without My permission. Each of the parties is also incompetent to practice law, as My due process rights have been abrogated in this case. There is also lack of venue of jurisdiction in this matter, as the contract, or lack of contract, is specifically a matter between Me and the plaintiff, with no third-party interveners allowed. 
If by chance you are able to provide contractual documentation that XXXX has with the alleged debtor, or original creditor I would like to direct your attention to the second page of the contract, additional agreements of buyer, which states that the assignee is XXXX. There are no signatures otherwise located on this page that provide evidence, or acknowledgement that the alleged debtor has any contractual obligation to the assignee, any of its successors, or XXXX XXXX XXXX, throughout the contract, and/or if the purchaser were to default. Please provide proof that the debt was purchased or assigned to XXXX XXXX XXXX by XXXX on XX/XX/XXXX. 
Please note that I am in receipt of the follow up letter, aforementioned on XX/XX/XXXX by XXXX XXXX XXXX, in which the licensure number is provided. However, I am not in receipt, as previously requested, of the surety bond that XXXX XXXX holds that grants them legal authority to collect in the state of Illinois. 
Additionally, Illinois has legally sanctioned that the name of the assignee be on the certificate of title or certificate of salvage per the affidavit of repossession. Please provide a copy of the certificate that names XXXX XXXX XXXX as the previous owners of the referenced vehicle after it was repossessed. Please also provide an original copy, as well as return receipt with tracking information that a notice was sent to the consumer, under 625 ILCS 5/3-114 ( f-7 ) ( 1-4 ), to inform consumer that a repossession certificate from Illinois would be obtained. Please provide dated proof that this certificate in question was not transferred from XXXX XXXX. If certificate is dated anytime between XXXX, this debt will be considered invalid, and will be deleted immediately from all CRA reports XXXX and third party reports-+ as this would have been deemed an illegal transfer. 
I also noticed that there was no copy of your judgment lien filed with the Secretary of State of Illinois. A Judgment Lien is filed when a Judgment Creditor ( secured party ) has gone to court and has been awarded a monetary judgment against personal property of a debtor. A Notice of Judgment Lien must be submitted and received by the Secretary of State 's Office within ten days of the notice date.

If so much as one jurisdictional failing appears on  the face of the judgment roll, the entire matter is void, as phony and XXXX as a three and a half dollar bill, to wit : the so-called judgment is this instant matter was an alleged default judgment ; hover, even in a default judgment, there must be a prove up of the claim by and through the appearance and testimony of at least one competent fact witness, supporting testimony with competent evidence and the party against whom the default judgment is rendered must have notice and opportunity to appear at a forensic examination of the evidence and be able to question the witness ( es ) under oath. Even a default judgment must be proved! See XXXX XXXX XXXX XXXX XXXX XXXX XXXX of the XXXX, XXXX XXXX XXXX ( XXXX Cir. XX/XX/XXXX ). 
Subject matter jurisdiction can not be presumed, never be waived and not be constructed even by mutual consent of the parties. Subject matter jurisdiction is two part : the statutory or common law authority for the court to hear the case and the appearance and testimony of a competent fact witness, in other words, sufficiency of pleadings. If there is a jurisdictional failing appearing on the face of the record, the matter is void, subject to vacation with damages, and can never be time-barred. 
I would also like to point out that under Redemption of Collateral : 810 ILCS 5/9-613 and 5/-614, the date of intended sale of vehicle was not clear per certified letter sent on XX/XX/XXXX by XXXX which stated that the vehicle would be sold privately on or after this date. The time, place, and exact date were not provided, and therefore the debtor was not given an opportunity to redeem said vehicle, attend the sale/auction or find potential buyers. Additionally, the alleged debtor was not able to observe that the vehicle being sold was for a fair price being that it was a private auction. This was verified by a CS rep on XX/XX/XXXX that the date the car was sold on, XX/XX/XXXX at XXXX XXXX, and per XXXX XXXX Website that sales on XXXX ( XX/XX/XXXX ), are closed to the public and only open to licensed dealers. 
Please provide further proof that there were advertisements for this sale, as required by law. Please provide copies of original advertisements with legible date, place and time. Please note that under 810 ILCS 5/9-625 that both the creditor and collection agency can be sued for an improper sale notice. 
As previously requested, please provide the tracking number for the Notice of Deficiency. The return receipt provided has an unverifiable receipt and tacking number. Therefor the Notice of Deficiency has still not been validated. 
As previously requested, please provide an answer to whether this debt was assigned or purchased, as well as the amount paid in full if it was purchased. Please also provide whether there is commission, and the amount if collection efforts are successful. 
As previously requested please attach all copies of all statements from this account while it was open per section 609 of the FCRA. This has still not been validated. 
Pursuant to XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) - alleged collector is to provide, at the very least, a full payment history ( original receipt of funds received by alleged original creditor and original reporting date to CRA by alleged original creditor/collection agency for all payments ) and an explanation of how additional fees were calculated As previously requested please provide the name and address of the bonding agent for XXXX XXXX XXXX in case legal action becomes necessary Please note that the Notice of Sale ( post marked date and tracking ) was past the legally allotted time frame of 3 business days overflowing to 4. Therefore, the Notice of Sale has not been properly provided by XXXX and its alleged creditor and furthermore is not validated or acknowledged. 

I demand the foregoing account be verified or removed immediately. You have run out of the time requested for validation and verification, and therefore this account has not been satisfactorily validated or verified and needs to be removed and deleted from all CRA reports, and all debt collection is to cease and desist immediately. As a courtesy I will extend you 5 days from the postage stamp of this letter to resolve this matter, XX/XX/XXXX. 

I sent another letter today, XX/XX/XXXX asking for the same info because the company I wanted to validate the information did not send any of the requested info

Company response to consumer: Closed with explanation