Consumer complaint received 2022-11-02
Company: EQUIFAX, INC.
State: NC
Product: Debt collection
Sub-product: Federal student loan debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was paid

Complaint:
I notice that this student loan fell off my credit report in XXXX of last year and magically appeared back on my report. They also reset the debt this year, Its reporting close in some places and open in other places, I was denied a home because of this past student loan debt. I have included proof when it fell off from XXXX, and the dates and amounts have changed, There is no physical validation of this debt. I have ask your company many times to send proof of validation. I. NOTICE OF VALIDATION REQUEST You are hereby in receipt of notice, per 15 U.S. Code 1692, that the above referenced file number and alleged debt, in part, or in whole, is now officially disputed. By the authority of the Fair Debt Collections Practices Act ( FDCPA ), all collection activities must cease until resolved. I affirm that said account ( s ) contain fraudulent or incorrect information. Transactions were not incurred by me nor any person with my authority, either expressed, implied, or apparent. 



You are obligated by 15 U.S. Code 1681i and 1692e ( 8 ) to inform all credit reporting agencies ( CRA ) or Credit Bureaus ( CB ) of the dispute. Further, verification, as of today, with the CBs or non-action of these requests is in violation of the FCRA and the FDCPA and is subject to fines. 



Verification and validation are demanded. Verification and validation are very different terms and ideas. Verification is making sure one actually owes the debt, see XXXX v. XXXX, XXXX XXXX XXXX ( XXXX Cir. XXXX ). The definition of verification according to XXXX 's XXXX XXXX is... averment that the party pleading is ready to establish the truth of what he has set forth. ... The examination of a writing for the purpose of ascertaining its truth ; or a certificate or affidavit that it is true.. The court said Confirmation of the correctness, truth, or authenticity of a pleading, account, or other paper, by an affidavit, oath, or deposition. XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX N.E. ( XXXX ) ; and XXXX XXXX XXXX XXXX. XXXX ( XXXX XXXX ) XXXX Fed. XXXX ( XXXX ) ; and XXXX v. XXXX, XXXX App. XXXX. XXXX, XXXX XXXX XXXX. XXXX ( XXXX ). 



Validation is for disputing a debt, stopping collection activities until the debt has been confirmed, see XXXX XXXX XXXX, XXXX N.E. XXXX XXXX XXXX. App. ( XXXX ). The definition of validation according to XXXX 's XXXX XXXX is assessing an action to determine it is complete, correct, implemented and delivering the correct outcome. ; XXXX states it as to check or prove the validity or accuracy of something ; XXXX says XXXX to show the existence or truth of, by evidence. 



XXXX. VERIFICATION AND VALIDATION REQUIREMENTS The demands are, but not be limited to : XXXX ) I invoke the Truth in Lending Act per 15 U.S. Code 1601-1667f, and thereby demand the afforded right to know who the true party of interest [ original creditor ] in this transaction is. 



XXXX ) An authentic contract with wet-ink signatures, signed by both parties. Only a certified copy ( before trial ) and then the original ( demanded during trial ) of the said note will be acceptable. An affidavit of loss or any other form will not be accepted. If located in an off-site location, send information on where the original contract is and when it can be viewed in person. The maxim of contract law is, The basic elements required for the agreement to be a legally enforceable contract are : mutual assent ( agreement by both parties to a contract ), expressed by a valid offer and acceptance ; adequate consideration ; capacity ; and legality. 



XXXX ) Disclose what the money of the alleged debt is for, and explain how your organization calculated the total for the alleged debt ; including supporting documentation that gave rise to the alleged obligation that is claimed as owed per 15 U.S. Code 1692g ( a ) and 1692g ( b ). 



XXXX ) Production of account and general ledger statement ( s ) showing the full accounting of alleged obligation. To be admissible as evidence ( sufficiency of pleadings by a fact-witness ), a signed affidavit by the person responsible for maintaining these records and having first-hand knowledge as to its accuracy and authenticity, able to testify under oath to that effect, is required. 



XXXX ) Deliver proof your organization is a party to the transaction. You seem to think there is a right to collect when your organization never lent money to me. I have never signed any contract with you. You may have bought a note, but it was not assigned. American Jurisprudence 2d 73 states that The right of subrogation does not exist for a stranger to the transaction. Subrogation means to substitute and stranger to the transaction means a party that is not on the original contract. So, the right to substitute a third-party collector [ you ] into a contract, does not exist. The third-party has no rights if they did not give consideration in the original contract and were not mentioned on the contract or were any part of the contract; including loans transferred, assigned, sold, or changed hands in one manner or another. 



XXXX ) Proof that the alleged account is not out of the states statute of limitations. 



XXXX ) A copy of your license numbers and registered agent information to operate as a collection agency in this state [, NC XXXX ) Stipulate for the record whether or not the alleged loan has been securitized, and if so, the name and all other information of the financial instrument the alleged loan is bundled with. 



XXXX ) Where did the money or credit supposedly loaned or issued to me come from? 

1681i ( a ) ( 5 ) ( b ) ( ii ) Notice to consumer If any information that has been deleted from a consumers file pursuant to subparagraph ( A ) is reinserted in the file, the consumer reporting agency shall notify the consumer of the reinsertion in writing not later than 5 business days after the reinsertion or, if authorized by the consumer for that purpose, by any other means available to the agency.

Company response to consumer: Closed with explanation