Consumer complaint received 2018-11-27
Company: Experian Information Solutions Inc.
State: OH
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:
This is the second time that I have requested a in investigation of the unverified accounts I received a letter stating that this account would be removed directly from XXXX   XXXX XXXX  # XXXX, they failed to provide proper validation and verification as specified in FDCPA Act. Fair Debt collection Practices Act, 15 USC 1692 Sec. 809 ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. This would include affidavits since said records or documents upon which your office has sent are not original and not admitted into evidence or attached to the complaint or affidavit. I am sorry what affidavit? I was unable to find anything that shows AC AUTOPAY # XXXX, and collection agencies are in accordance with the O.R.C. ( OHIO REVISED CODE ) 1319.12 Taking assignment of debt : Section ( C ) No collection agency shall commence litigation for the collection of an assigned account, bill, or other evidence of indebtedness unless it has taken the assignment in accordance with all of the following requirements : ( 1 ) The assignment was voluntary, properly executed, and acknowledged by the person transferring title to the collection agency.

( 2 ) The collection agency did not require the assignment as a condition to listing the account, bill, or other evidence of indebtedness with the collection agency for collection.

( 3 ) The assignment was manifested by a written agreement separate from and in addition to any document intended for the purpose of listing the account, bill, or other evidence of indebtedness with the collection agency. The written agreement shall state the effective date of the assignment and the consideration paid or given, if any, for the assignment and shall expressly authorize the collection agency to refer the assigned account, bill, or other evidence of indebtedness to an attorney admitted to the practice of law in this state for the commencement of litigation. The written agreement also shall disclose that the collection agency may consolidate, for purposes of filing an action, the assigned account, bill, or other evidence of indebtedness with those of other creditors against an individual debtor or co-debtors.

( 4 ) Upon the effective date of the assignment to the collection agency, the creditors account maintained by the collection agency in connection with the assigned account, bill, or other evidence of indebtedness was canceled.

( D ) A collection agency shall commence litigation for the collection of an assigned account, bill, or other evidence of indebtedness in a court of competent jurisdiction located in the county in which the debtor resides, or in the case of co-debtors, a county in which at least one of the co-debtors resides.

( E ) No collection agency shall commence any litigation authorized by this section unless the agency appears by an attorney admitted to the practice of law in this state.

( F ) This section does not affect the powers and duties of any person described in division ( A ) ( 2 ) of this section.

( G ) Nothing in this section relieves a collection agency from complying with the Fair Debt Collection Practices Act, 91 Stat. 874 ( XX/XX/XXXX), 15 U.S.C. 1692, as amended, or deprives any debtor of the right to assert defenses as provided in section 1317.031 of the Revised Code and 16 C.F.R. 433, as amended.

( H ) For purposes of filing an action, a collection agency that has taken an assignment or assignments pursuant to this section may consolidate the assigned accounts, bills, or other evidences of indebtedness of one or more creditors against an individual debtor or co-debtors. Each separate assigned account, bill, or evidence of indebtedness must be separately identified and pled in any consolidated action authorized by this section. If a debtor or co-debtor raises a good faith dispute concerning any account, bill, or other evidence of indebtedness, the court shall separate each disputed account, bill, or other evidence of indebtedness from the action and hear the disputed account, bill, or other evidence of indebtedness on its own merits in a separate action. The court shall charge the filing fee of the separate action to the losing party.

Effective Date : XX/XX/XXXX ; XX/XX/XXXX These 2 accounts are in dispute with the original creditor error please delete accounts.

All these accounts which you DECLINED. I sent info for XXXX or agent of XXXX to carry out a reasonable investigation of my dispute, since it was never done please investigate this account thoroughly.

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