Consumer complaint received 2019-11-05
Company: MIB Group, Inc.
State: SC
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Other personal consumer report
Issue: Problem with a company's investigation into an existing issue
Sub-issue: Problem with personal statement of dispute

Complaint:
Dear MIB, Inc, as you know we are persistent. Before you ignore our grievances I highly recommend you read this with an unbiased attitude. In the past MIB, Inc has established an under the radar type of reporting. Under FCRA, it states medical information is not reportable. 1681b ( g ) ( 2 ) ) generally prohibits credit unions from obtaining or using medical information in connection with any determination of credit. This applies to any creditor and " medical information '' is defined to include any information relating to physical, mental or behavioral health of an individual. But you are not a regulated organization in the fact that you sort of follow the FCRA rules when it mentions credit reporting since you don't report credit you freely attack people by adding things about them medically. As a reporting agency you are obligated to investigate grievences in respect to reporting practices. I have notified a creditor that you disputed the debt that it has reported. Conduct a reasonable investigation of your dispute, or correct or delete any inaccurate, incomplete or unverifiable information within 30 days of the receiving notice of your dispute.You have continued to fail to look into that contract. This issue has never been addressed with you or the furnisher. Under contract law which is in place to protect people from entering frivolus contracts. I hope you understand the XXXX XXXX signiture form you keep talking about is a contract and is enforced by all contract law federal or state. If that contract was not valid you have no right as well as statefarm to enforce such contract since its not legally binding. Also if that contract is void you cant keep the report on my husband in your system. I hope you are following if not I ask a new person to review this complaint. A person who lacks mental capacity can void, or have a guardian void, most contracts ; except contracts for necessities. In most states, the standard for mental capacity is whether the party understood the meaning and effect of the words comprising the contract or transaction. This is called the " cognitive '' test. Some states use what's called the " affective '' test : a contract can be voided if one party is unable to act in a reasonable manner and the other party has reason to know of the condition. And some states use a third measure, called the " motivational '' test. Courts in these states measure capacity by the person 's ability to judge whether or not to enter into the agreement. These tests may produce varying results when applied to mental conditions such as XXXX XXXX. ) My husband has already did these kinds of test and I am assigned to his affairs. And life insurance is not a necessity. Mental Incompetence : Mental Incapacity If a person is not able to fully understand and comprehend his or her legal rights and responsibilities in a contract, he or she is not legally capable of entering into a contract. As his assigned legally gaurdian me and only me can sign his contracts. Contract law also covers a contract if someone is intoxicated. His condition requires him to be heavily medicated at times ( intoxicated ). An intoxicated person may lack the mental capacity necessary to contract as well ( XXXX XXXX XXXX ) Generally, this will require extreme intoxication. If the intoxicated person enters into a contract, must disaffirm the contract within a reasonable time of regaining capacity and learning of the contract. To enter into a contract, a person must have mental capacity sufficient to understand the nature and consequences of her actions. If mental capacity is absent, the contract is voidable by the person lacking capacity. There are three classes of persons commonly understood to lack capacity to be bound by contractual promises. This is contract law covered by state and federal. The contract you keep showing is null becuase Im a legally appointed gaurdian. The only thing you have to enforce your report. That contract is void and has no legs to be enforced under competence law and mentioned above ( XXXX XXXX XXXX XXXX XXXX  ) ) A person must be competent Adjudicative competence has been developed through a body of common law in the United States . The landmark cases are the following : Dusky v. United States ( 1960 ), Jackson v. Indiana ( 1972 ), Drope v. Missouri ( 1975 ), Ford v. Wainwright ( 1986 ), Godinez v. Moran ( 1993 ), and Pate v. Robinson ( 1966 ). 3.355 Testamentary capacity for insurance purposes is also important to note on this  problem you dont seem to undertand. I believe anyone trying to enforce a voided contract can face punitive damages under Diminished Capacity and Financial Exploitation I keep reading about online. Also now that you are aware of this and still enforcing the contract is even worse. Let me explain in easy terms now that you are aware of my husbands mental competence and the fact he has a legal gaurdian in this complaint im sending you recoded on CFPB makes it looks like you are egnoring a federal and state contract law requirements all business have to follow no matter the type of buisiness. Like I said you are making this difficult. I dont want to sue you but its becoming hard to not look once in awhile and consult a few attorneys. No one is assigned becuase I am trying to have you come to your senses. Its easier on all of us to delete the file. Our rights are being violated and as you know if I ever do lawyer up I wont pay a dime unless my attorney recoups money. This report complaint is public record of CFPB becuase I checked box to share it. This is tasnishing your companies reputation, costing you months of manpower to respond, and possible money loss in a suit. I have nothing against your company but that contract and taking my time on this. The longer you say no the better for me if I did go to court. Every month you violate the law with no resolve can be XXXX for example a month cost to you. At this point I feel like you are not taking us serious. Or reading my responses. Please dont refere to legal it will slow down progress and I dont have an attorney. Im just stating a what if picture. You shouldnt decriminate and not take me serious. you are enforcing with XXXX  is null and void for reasons above. Like a domino effect the contract is void, you enforcing it is void. Please remove the file. We wont quit on this. Marking me as frivolous would just make this situation worse for you so please look into removing it for real this time not just waiving us off. I have full respect to you and just want you to resolve the competency issue and stop waiving us away. CFPB is recorded with your responses. Im begining to to think you dont know how to delete the file aswell. I would only except a response showing you fully understand my complaint and are willing to truly look into this contract issue or I will find more organiations to enforce once you egnore. I dont want to cause anymore problems Im acting under duress and to protect the public aswell as my husband. I would like you to understand you need to change your attitude on this. Im not at all trying to pull a fast one. ALl my arguements for 6 months are to the best of my knoledge with no mulnipulation. Thanks

Company response to consumer: Closed with explanation