Consumer complaint received 2019-09-24
Company: LEXISNEXIS
State: PA
Product: Debt collection
Sub-product: Auto debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Threatened or suggested your credit would be damaged

Complaint:
XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Michigan XXXX Re : XXXX XXXX Account : XXXX Vehicle : XXXX XXXX XXXX XXXX XXXX : XXXX Date : XX/XX/XXXX Notice of Deficiency After carefully reviewing the notice in the amount of XXXX as of XX/XX/XXXX. The amount received from disposition of the vehicle was XXXX ; and the remaining is XXXX per your documentation. After credits of XXXX per gap insurance, the remaining the company stating, Im responsible for is XXXX. 
As a consumer, Im exercising my rights under the 1977 Fair Credit Report Act. I  hereby, requesting the accuracy of reporting. 
1. The bill of sale between XXXX XXXX and XXXX XXXX of XXXX. 
2. How the amount was calculated expenses incurred in retaking a vehicle on a closed account? Documentation received 3. The amount generated of the amount of credit to my account. Included any payments received since date in item 1 above other credit to which is entitled, including rebates on a XXXX XXXX or credit service charges or ancillary products such as a Gap contract of XX/XX/XXXXRequesting Bill of sale and not payments on company letterhead 4. Do your company have a license to practice in Pennsylvania? if so, please provide the number. Requested number not included in documentation I was sold a vehicle with five major recalls According to XXXX. since XXXX vehicles XXXX vehicles XX/XX/XXXX, XXXX vehicles XXXX XXXX vehicles XXXX XXXX vehicles were at risk. 
Consequences : An inflator explosion may result in sharp metal fragments striking the driver or other occupants resulting in serious injury or death. During my point of sale none of above following recalls were expressed/nor XXXX made contact. Myself and my love ones were at risk. Under the FCRA your company has a total of 30 days to provide information requested or remove items published from all major credit bureaus. 

Nothing regarding recalls were included in package. Company continues to send same package of information from recent complaints. Understanding vehicle was repossessed by XXXX XXXX in the State of Pennsylvania on or about XX/XX/XXXX and resold on XX/XX/XXXX. Under the laws of Pennsylvania UCC 9-405 TAKEN FOR VALUE UCC 3-303 UCC 1-201, ( 25 ), ( 27 ), ( 35 ) NOTICE, LAWFUL U.S. FUNDS IN ACCORDANCE WITH PUBLIC POLICY, HJR-192 OF 6/15/1933, UCC 1-104, 10-104, 1-207 and PA RISA and MVISA statues a deficiency can not be claimed unless all of the required notices were properly and timely given. The allowable redemption and cure time limits were adhered to. Please provide copies of the legal notices and prof of the commercially reasonable manner of the resale of the subject vehicle. I have previously demanded that your company validate the above-listed item. You have failed to do so. Please take notice that your inaction is detrimental to me and is in violation of various laws, including, but not limited to, the Consumer Credit Protection Act ( CCPA ), the Fair Credit Reporting Act ( FCRA ), and the Fair Debt Collection Practices Act ( FDCPA ). 

As you are aware, your firm knew or should have known that the actions taken against me and the information collected about me was inappropriate and damaging to me. Your inaction makes it apparent that you have failed to use reasonable care regarding this matter and you have failed to use even minimal procedures to ensure that I was not harmed by your dissemination of information that is inaccurate or which can not be validated. Specifically, you have communicated and are continuing to communicate incorrect and defamatory information to third parties, including, but not limited to, XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX. 

As a result of these blatantly reckless, wanton, and intentional acts, I have suffered and continue to suffer general and specific damages. Please accept this letter as my demand for the immediate and complete removal of this tradeline from my credit reports (XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX ).

In response you have only sent a computer-generated print-out of the total amount you claim is due, which may not be accurate. Furthermore, you have failed to provide an executed credit contract proving liability of this debtor on the amount claimed. 
If no such proof is provided within 14 days of receipt of this notice, the alleged claim of a deficiency considered null and void, and any continued collection of activities or continued reporting of this invalid claim on my credit reports will be considered a violation of the FDCPA and FCRA. 
In addition, if you singularly or severally fail to comply with the above requests, I reserve the right to seek damages against all parties, under all available State and Federal statutes and UCC 9 remedies This is unsatisfactory as proof that I owe the debt ( please see Fields v. Wilber Law Firm, XXXX XXXX XXXX and XXXX XXXX, USCA-02-C-0072, 7th Circuit Court, Sept 2004. ), and is hereby rejected as a validation of the debt. You have not complied with my right to have the debt validated

Company response to consumer: Closed with explanation