Consumer complaint received 2023-07-17
Company: Experian Information Solutions Inc.
State: TX
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account status incorrect

Complaint:
Under UCC 4A discharge automatically takes place by law with no notice of dishonor properly given and the instrument not being returned. 
Payment is the discharge of an obligation by the actual delivery of money or its equivalent. See Chrysler Corp. v. Hanover Ins. Co., CA. 7, Ind. 350 F.2d652, 383 US 906.

When an instrument is dishonored, notice of that fact must be given -- -- ..Otherwise they are discharged. P. 17 Law of Negotiable Instruments, Major D.H. Broughton 1904.

NOTICE OF DISHONOR UCC 3-503 ( a ) The obligation of an indorser stated in Section 3-415 ( a ) and the obligation of a drawer stated in Section 3-414 ( d ) may not be enforced unless ( i ) the indorser or drawer is given notice of dishonor of the instrument complying with this section or ( ii ) notice of dishonor is excused under Section 3-504 ( b ).

( b ) Notice of dishonor may be given by any person, may be given by any commercially reasonable means, including an oral, written, or electronic communication, and is sufficient if it reasonably identifies the instrument, and indicates that the instrument has been dishonored, or has not been paid or accepted. Return of an instrument given to a bank for collection is sufficient notice of dishonor. COURT CASES To be valid, offer of payment does not need to include express statement that debtor has funds necessary to make payment. Malan v. Tipton, 349 Or 638, 247 P3d 1223 ( 2011 ) If creditor is silent in response to offer, creditor does not accept offer. Malan v. Tipton, 349 Or 638, 247 P3d 1223 ( 2011 ) A tender of the proper amount due, even if rejected, extinguishes the lien and precludes foreclosure ( See, e.g. Winnett v. Roberts, supra, 179 Cal App. 3d 909, 902, Lich tv v. Whitney, supra, 80 Cal. App 2d 696, 701 ; see also Code Civ. Proc. SS 2074. ) In Winnett the court held that a tender of the principal amount without interest was sufficient because the note was usurious and the creditor was not entitled to receive interest. See also : ( UCC 3-304 ( c ).

MY CREDIT REPORT FROM THIS COMPANY IS INACCURATE AND NEEDS TO BE CORRECTED. ***. UCC 3-311. ACCORDAND SATISFACTION BY USE OF INSTRUMENT ( a ) If a person against whom a claim is asserted proves that ( i ) that person in good faith tendered an instrument to the claimant as full satisfaction of the claim, ( ii ) the amount of the claim was unliquidated or subject to a bona fide dispute, and ( iii ) the claimant obtained payment of the instrument, the following subsection apply. ( b ) Unless subsection ( c ) applies, the claim is discharged if the person against whom the claim is asserted proves that the instrument or an accompanying written communication contained a conspicuous statement to the effect that the instrument was tendered as full satisfaction of the claim. ( c ) Subject to subsection ( d ), a claim is not discharged under the subsection ( b ) if either of the following applies : ( 1 ) The claimant, if an organization, proves that ( i ) within a reasonable time before the tender, the claimant sent a conspicuous statement to the person against whom the claim is asserted that communications concerning disputed debts, including an instrument tendered as full satisfaction of a debt, are to be sent to a designated person, office, or place, and ( ii ) the instrument or accompanying communication was not received by the designated person, office, or place. ( 2 ) The claimant, whether or not an organization, proves that within 90 days after payment of the instrument the claimant tendered repayment of the amount of the instrument to the person against whom the claim is asserted. This paragraph does not apply if the claimant is an organization that sent a statement complying with paragraph ( 1 ) ( i ). ( d ) A claim is discharged if the person against whom the claim is asserted proves that within a reasonable time before collection of the instrument was initiated, the claimant, or an agent of the claimant having direct responsibility with respect to the disputed obligation, knew that the instrument was tendered in full satisfaction of the claim. Any coupon/valuables presented by the presenter is backed by the full faith and credit of the United States of America , is legal tender for all obligations associated with this matter.

Declaration of valuables : It is determined that replacements, in accordance with the procedure established under section 3 of the Government Losses in Shipment Act ( 50 Stat. 479, as amended ; 5 U.S.C. 134b ), of the articles or things or representatives of value enumerated and referred to in this section would be in the public interest, accordingly, they are hereby declared to be valuables within the meaning of the act. b ) Securities, and other instruments or documents, private and public, abstracts of title, assignments, bill, bonds, certificates of deposit, certificates of indebtedness, checks, drafts and money orders, coupons, debentures, deeds, equipment trust certificates, mortgages, notes, stamps, including postage, revenue, license, food orders and public debt, stamped envelopes and postal cards, stock certificates, trust receipts, voting trust receipts, warehouse receipts, warrants. Oregon Statute 81.010 Effect of unaccepted offer in writing to pay or deliver An offer in writing to pay a particular sum of money or to deliver a written instrument or specific personal property is, if not accepted, equivalent to the actual production and tender of the money, instrument or property.

***15 USC Sec . 1693 ( a ) ( e ) ( f ) Treble damages applicable against the Bank for not crediting the account timely within 10 business days after protest of error of an omissions of an electronic funds transfer credit to his account.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation