Consumer complaint received 2018-01-11
Company: Experian Information Solutions Inc.
State: IN
Product: Debt collection
Sub-product: Other debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was paid

Complaint:
On XX/XX/XXXX, XX/XX/XXXX ; XX/XX/XXXX and XX/XX/XXXX, XXXX XXXX sent written demands and notice to XXXX, XXXX XXXX XXXX ; XXXX XXXX and XXXX XXXX XXXX in their private capacity, located at XXXX XXXX XXXX XXXX, XXXX, Indiana XXXX, and XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, Indiana XXXX by certified and return mail, demanding proof of claim ( {$13000.00} ), within thirty ( 30 ) days. Account # XXXX. 

There was no answer or reply from XXXX, XXXX XXXX XXXX ; XXXX XXXX or XXXX XXXX XXXX in their private capacity challenging or refuting the claim by providing the requested proof of claim in the letters within 30 days of notice. Please see attached Exhibit B ; Exhibit C ; Exhibit D ; and Exhibit E. 

XXXX, XXXX XXXX XXXX ; XXXX XXXX or XXXX XXXX XXXX sent the alleged debt to credit reporting agencies. XXXX disputed the claim with XXXX and XXXX and the alleged debt was deleted/closed from XXXX credits report. 

See attached Exhibit F. 

On XX/XX/XXXX, XXXX received from XXXX, XXXX XXXX XXXX ; XXXX XXXX XXXX or XXXX XXXX a presentment dated XX/XX/XXXX, alleging that account # XXXX had been transferred and given a new account # XXXX. XXXX sent the XX/XX/XXXX original presentment back to XXXX,, XXXX XXXX XXXX ; XXXX XXXX XXXX and XXXX XXXX, refused for cause. 

See attached Exhibit G. 

XXXX hired XXXX XXXX XXXX, XXXX. d/b/a XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ; XXXX XXXX, and XXXX XXXX to help them commit fraud against XXXX under a new account # XXXX. 

On XX/XX/XXXX, XXXX received a presentment from debt collectors XXXX XXXX XXXX, XXXX. d/b/a XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ; XXXX XXXX, and XXXX XXXX allegedly having a claim against XXXX under Reference Number : XXXX and File No. XXXX. 

See Attached Exhibit H. 

On XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; and XX/XX/XXXX, XXXX XXXX sent written demands and notice to XXXX XXXX XXXX, XXXX. d/b/a XXXX XXXX XXXX XXXX ; XXXX XXXX XXXX ; XXXX XXXX, and XXXX XXXX in their individual capacity @ XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX, Indiana XXXX, by certified and return mail, demanding proof of claim ( {$13000.00} ), within thirty ( 30 ) days. New Account # XXXX. 

There was no answer or reply from XXXX XXXX XXXX, XXXX. d/b/a XXXX XXXX XXXX XXXX ; XXXX XXXX XXXX ; XXXX XXXX, and XXXX XXXX in their private capacity challenging or refuting the claim by providing the requested proof of claim in the letters within 30 days of notice. Please see attached Exhibit I ; Exhibit J ; Exhibit K ; and Exhibit L. 

XXXX notice the alleged debt was never removed from EXPERIAN credit reporting agencies system. On XX/XX/XXXX, XXXX disputed the alleged debt with EXPERIAN demanding an investigation, and that the alleged debt be deleted from its system due to fraud. However, Experian has refused to delete the inaccurate information from its system. 

This inaccurate information in EXPERIAN system has negatively impacted XXXX 's credit rating in violation of the Fair Debt Collection Practices Act ( FDCPA ) at 15 USC 1692 et seq., and which states in relevant part : " A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt, '' which includes " the false representation of the character ; or legal status of any debt, '' and " the threat to take any action that can not legally be taken, '' all of which are violations of state and federal debt collection laws, as well as fraud. 

XXXX, XXXX XXXX XXXX ; XXXX XXXX XXXX ; XXXX XXXX ; XXXX XXXX XXXX ; XXXX XXXX XXXX ; XXXX XXXX, and XXXX XXXX, as information providers and EXPERIAN, as a credit reporting agency, is also governed by the Fair Credit Reporting Act ( FCRA ). Therefore, when XXXX, XXXX XXXX XXXX ; XXXX XXXX XXXX ; XXXX XXXX ; XXXX XXXX XXXX ; XXXX XXXX XXXX ; XXXX XXXX, and XXXX XXXX in their private capacity could not and would not validate the account per the attached letters/notices and disputes mailed to their company. 

XXXX mailed EXPERIAN a follow-up letter via Priority Mail on XX/XX/XXXX, stating that she was unsuccessful at having XXXX, XXXX XXXX XXXX ; XXXX XXXX XXXX ; XXXX XXXX ; XXXX XXXX XXXX ; XXXX XXXX XXXX ; XXXX XXXX, and XXXX XXXX validate the alleged accounts/debt and delete the disputed, inaccurate account from her credit file. 

Yet EXPERIAN continues to report and display the inaccurate debt account on XXXX 's credit report. Moreover, XXXX, XXXX XXXX XXXX ; XXXX XXXX XXXX ; XXXX XXXX ; XXXX XXXX XXXX ; XXXX XXXX XXXX ; XXXX XXXX, and XXXX XXXX has completely disregarded XXXX 's attempts to have the accounts validated, which leads XXXX to believe these accounts are fraudulent.

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