Consumer complaint received 2023-03-15
Company: EQUIFAX, INC.
State: NC
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:
RE : Accounts Below Listed - XXXX XXXX XXXX XXXX XXXX XXXX Nc XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX I, XXXX XXXX XXXX, give this Notice as the Subrogee and Obligor, I am formally requesting that you immediately remove any late payments associated with this above-referenced account. As I am currently doing my due diligence process to ensure all guidelines are being met by Equity Doctrines, TILA, Dodd-Frank Wall Street Reform and Consumer Protection Act, and the Consumer Financial Protection Act of 2010. While this is taking place it is completely unlawful to report an account as being late. Please adhere to Title 15 U.S.C. 1666 ( a ) and 1666 ( b ). No consent has been given for adverse reporting by the surety.

Take Notice. The undersigned natural person as Surety and Trust Beneficiary, XXXX XXXX XXXX swear and declare as follows under a penalty of perjury : This notice is regarding relation in regards to Suretyship between myself and the Principal Debtor assumed name XXXX XXXX, and your organization as implied Trustee. I invoke my equitable right of subrogation regarding this debt and seek restitution. In addition, this notice is also regarding the participation in a consumer credit transaction and not a loan ; pursuant to 15 U.S. Code 1602 ( i ) ; No proof of original contract and signature, no valid debt verification, no evidence of itemized billing to distinguish finance charge, and no proof of authority to collect debt in the state of North Carolina has been received, after mailed information requests for said information. No evidence that a commercial and economic loss on the balance sheet has been provided by the listed accounts XXXX, to rectify this matter and it has yet to be resolved. 

Take Notice. In Newby v. Enron Corp., 188 F. Supp. 2d 684 ( S.D. Tex. 2002 ) the Court held that federal courts have the equity jurisdiction that was exercised by the English Court of Chancery " `at the time of the adoption of the Constitution and the enactment of the original Judiciary Act, 1789 ( 1 Stat. 73 ). ' '' Id. at 318, 119 S. Ct. 1961 ( quoting DOBIE, HANDBOOK OF FEDERAL JURISDICTION AND PROCEDURE 660 ( 1928 ) ). The Court further noted that regardless of the merger of the formerly separate courts of law and equity by the Federal Rules of Civil Procedure, " `the substantive principles of Courts of Chancery remain unaffected. ' '' Id. at 322, 119 S. Ct. 1961 ( quoting Stainback v. Mo Hock Ke Lok Po, 336 U.S. 368, 382 n. 26, 69 S. Ct. 606, 93 L. Ed. 741 ( 1949 ) ).

Take Notice. Equitable Subrogation is forward looking rooted in the equity maxim... equity regards done what ought to be done. Equitable subrogation is not founded upon contract, but is the creation of equity, and is enforced solely for accomplishing the end of substantial justice. It is the mode by which equity adopts to compel the ultimate payment of a debt by one who, in justice and good conscience, ought to pay. Equity delights in equality. Equity will not suffer a wrong without remedy. Equity will not allow a statute to be used as a cloak for fraud.

Take Notice. " The same equity which seeks to prevent unearned en-richment of one party, at the expense of another, by actions for reimbursement, con-tribution, and exoneration, operates here, by creating a relation somewhat analogous to a constructive trust, in favor of the subrogee, or party making the payment, in all legal rights held by the creditor, and the subrogee may proceed to enforce the trust. '' 5 POMEROY, EQUITY JURISPRUDENCE, 4th ed., sec . 2343 ( 1919 ). Lackawanna Trust Co. v. Gomeringer, 236 Pa. 179, 84 Atl. 757 ( 1912 ). Pomeroy has had in this respect a profound influence on American courts who were evidently led to conceive of sub-rogation as but another remedy for unjust enrichment ; but the early cases will hardly support sc ) broad a statement. The similarity between liens and subrogation is obvious where subrogation results in a lien. But the similarity to which we here refer lies both in the equities upon which such relief is based and in the method of enforcement. 


Take Notice. Subrogation the substitution of one ( person ) in the place of another with reference to a lawful claim, demand, or right, so that he or she who is substituted succeeds to the rights of the other in relation to the debt or claim, and its rights, remedies, or securities. Subrogation. ( n.d. ) A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier ( 1856 ) Take Notice. The substitution of one thing for another, or of one person into the place of another with respect to rights, claims, or securities. Subrogation denotes the putting a third person who has paid a debt in the place of the creditor to whom he has paid it, so as that he may exercise against the debtor all SUBROGATION SUBSTANTIALDAMAGES, the rights which the creditor, if unpaid, might have done. The equity by which a person who is secondarily liable for a debt, and has paid it, is put in the place of the creditor, so as to entitle to make use of all the securities and remedies possessed by the creditor, in order to enforce the right of exoneration as against the principal debtor, or of contribution against others who are liable in the same rank as himself. See Blacks Law Dictionary 2nd Edition Take Notice. Title 15 U.S. Code 1611- Whoever willfully and knowingly ( 1 ) gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, ( 2 ) uses any chart or table authorized by the Bureau under section 1606 of this title in such a manner as to consistently understate the annual percentage rate determined under section 1606 ( a ) ( 1 ) ( A ) of this title, or ( 3 ) otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than {$5000.00} or imprisoned not more than one year, or both.

Take Notice. Title 15 U.S. Code 1681n - Civil liability for willful noncompliance.

Take Notice. Title 15 U.S. Code 1681o - Civil liability for negligent noncompliance.

Notice to Agent is Notice to Principal - Notice to Principal is Notice to Agent.

Company response to consumer: Closed with explanation