Consumer complaint received 2020-11-19
Company: EQUIFAX, 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:
The account listed below is reporting inaccurately on my credit report and it is in violation of The Federal Law. You are required under the FCRA to have a copy of the original creditors documentation on file to verify that this information is mine and is correct. After further investigation, the account was paid in full and the charge off listing is reporting inaccurately.

You have NOT provided me a copy of ANY original documentation required under Section 609 ( a ) ( 1 ) ( A ) & Section 611 ( a ) ( 1 ) ( A ) ( a consumer contract with my signature on it ) and under Section 611 ( 5 ) ( A ) of the FCRA you are required to promptly DELETE all information which can not be verified or reported inaccurately.

The law is noticeably clear as to the Civil liability and the remedy available to me for negligent noncompliance ( Section 617 ) if you fail to comply. I am a litigious consumer and fully intend on pursuing litigation in this matter to enforce my rights under the FCRA I demand the following accounts be verified or deleted immediately : This complaint is submitted Under OHIO LAW U.C.C 1319.12 Taking assignment of debts States ( 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 : Credit contracts are non-assignable even if the contract has a clause for assignability because it violates contract Law. Where there is no fair valuable consideration given, the contract or agreement is void. The debt is non-transferable. If it is a contract for credit or goes to the character of the parties, it can not be transferred or assigned. No state can make a law impairing contracts, Under OHIO LAW U.C.C 1319.12 Taking assignment of debts ( 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, bilXXXX, 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 codebtors. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX : XXXX XXXX XXXX, XXXX Id XXXX. Once the Creditor writes off a debt, it can not be assigned or Collected. Since this is an error I demand that you send me the following proofs. As you are obligated to do in accordance with the Fair Debt Collection Practice Act. Section 1692 ( g ) : Under the Law, FDCPA, Section 1692 ( g ), you have 30 days to supply these proofs, if more time is needed please contact me by certified mail and I will extend you 15 extra days. I also request to see a certified copy of any contract or agreement between you and the original creditor that gave you the right to collect this debt. The following items are inaccurate : XXXX # XXXX, XXXX XXXX XXXX, XXXX XXXXXXXX XXXX XXXX XXXX, XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX # XXXX, XXXX XXXX # XXXX, XXXX XXXX # XXXX.The following address and phone numbers are not associated with me either. I have never used these numbers or lived at the address listed. XXXX XXXX XXXX, XXXX, OH XXXX, ( XXXX ) XXXX, ( XXXX ) XXXX, ( XXXX ) XXXX, ( XXXX ) XXXX, ( XXXX ) XXXX.

Company response to consumer: Closed with explanation