Consumer complaint received 2023-07-18
Company: EQUIFAX, INC.
State: FL
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
TOTAL ACCOUNTS XXXX XXXX XXXX XXXX OPEN ACCOUNTS XXXX XXXX XXXX XXXX CLOSED ACCOUNTS XXXX XXXX XXXX XXXX DELINQUENT XXXX XXXX XXXX XXXX DEROGATORY XXXX XXXX XXXX XXXX BALANCES : {$71000.00} -- {$41000.00} PAYMENTS : {$2200.00} -- {$1000.00} PUBLIC RECORDS XXXX XXXX XXXX XXXX INQUIRIES XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Credit Inquiries XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Account Name : XXXX XXXX XXXX XXXX Account # : XXXX High Balance : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  Subject : Request for Removal XXXX XXXX XXXX XXXX XXXX XXXX XXXX from Credit Report Dear Sir/Madam, I hope this letter finds you well. I am writing to request the removal of a time share from XXXX XXXX XXXX XXXX that is currently appearing on my credit report. I believe this entry is in violation of consumer protection laws and should be removed immediately. 

I would like to provide some background information regarding this matter. In XX/XX/XXXX I attended a presentation by XXXX XXXX XXXX XXXX, during which I was persuaded to purchase a time share. However, I later discovered that the sales practices employed were deceptive and misleading, and the terms and conditions of the contract were misrepresented. 

As a consumer, I have the right to accurate and truthful information when making a financial decision. The sales practices employed by XXXX XXXX XXXX XXXX violated these rights and are in violation of consumer protection laws, including but not limited to 1. Cooling-Off Period : Many jurisdictions provide consumers with a limited time, typically several days, after signing a timeshare contract to cancel it without any penalty. This is often known as the cooling-off period.

2. Contract Rescission : Some laws may allow consumers to rescind a timeshare contract within a specific timeframe after the purchase, even beyond the cooling-off period. The process and time limits for rescission can differ based on the jurisdiction.

3. Timeshare Exit Companies : Some regions have enacted laws or regulations to address issues related to timeshare exit companies, which are businesses claiming to help owners get out of their timeshare contracts. These laws aim to protect consumers from deceptive practices.

4. Disclosures and Transparency : Consumer protection laws may require timeshare sellers to provide clear and comprehensive information about the terms, costs, and obligations associated with the timeshare before the purchase.

5. Misrepresentation and Fraud : Laws may be in place to protect consumers from fraudulent or deceptive practices by timeshare developers or sales representatives. 

Therefore, I kindly request that you initiate an investigation into this matter and remove the entry related to the XXXX XXXX XXXX XXXX XXXX XXXX  from my credit report. I believe this action is warranted based on the following grounds : 1. Misrepresentation of contract terms and conditions.

2. Deceptive sales practices employed during the presentation.

3. Violation of consumer protection laws. 

I have enclosed copies of any supporting documentation that substantiates my claims, including within a week of signing documents for the timeshare. I realize that I was being completely scammed the points that I was given and had to pay {$250.00} for I was out of those points by the time I booked a vacation the next day. I then reached out to my sales representative and told her that I no longer wanted my contract and nothing was ever done about it. They just kept sending me out bills each month, I even spoke to someone in the customer relations department in regards to canceling the account and they told me that that was not an option but due to consumer loans I was aware that 1. Cooling-Off Period : Many jurisdictions provide consumers with a limited time, typically several days, after signing a timeshare contract to cancel it without any penalty. This is often known as the cooling-off period.

2. Contract Rescission : Some laws may allow consumers to rescind a timeshare contract within a specific timeframe after the purchase, even beyond the cooling-off period. The process and time limits for rescission can differ based on the jurisdiction.

3. Timeshare Exit Companies : Some regions have enacted laws or regulations to address issues related to timeshare exit companies, which are businesses claiming to help owners get out of their timeshare contracts. These laws aim to protect consumers from deceptive practices.

4. Disclosures and Transparency : Consumer protection laws may require timeshare sellers to provide clear and comprehensive information about the terms, costs, and obligations associated with the timeshare before the purchase.

5. Misrepresentation and Fraud : Laws may be in place to protect consumers from fraudulent or deceptive practices by timeshare developers or sales representatives. 

I request that you provide written confirmation once the investigation is complete and the time share entry has been removed from my credit report. Please ensure that this information is also forwarded to any third-party entities that have received my credit report recently. 

Thank you for your attention to this matter. I trust that you will conduct a thorough investigation and take the necessary steps to rectify this situation. Should you require any additional information, please do not hesitate to contact me at XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Account Name : XXXX XXXX XXXX XXXX XXXX XXXX Account # : XXXX XXXX XXXX XXXX XXXX Account Name : XXXX XXXX XXXX Account # : XXXX High Balance : {$0.00} XXXX XXXX Account Name : XXXX XXXX Account # : XXXX High Balance : {$140.00} XXXX XXXX XXXX XXXX Account Name : XXXX XXXX XXXX XXXX Account # XXXX XXXX High Balance : {$1400.00} XXXX Account Name XXXX XXXX Account # XXXX XXXX High Balance : {$14000.00} XXXX XXXX Account Name : XXXX XXXX Account # : XXXX High Balance : {$85.00} XXXX XXXX XXXX Account Name : XXXX XXXX XXXX Account # : XXXX High Balance : {$9400.00} To Whom It May Concern, This letter shall serve as formal notice of my intent to file a complaint with the FTC, due to your blatant and objectionable disregard of the law. 

As indicated by the attached copies of letters and mailing receipts, you have received and accepted through registered mail my dispute letter dated, as well as my follow-up letter dated. To date you have not done your duty as mandated by law. Your non-compliance with federal law is unacceptable, your disregard for it contemptible. Rest assured I shall hold you accountable. 

Federal law requires you to respond within 30 days, yet you have failed to respond. Failure to comply with these federal regulations by credit reporting agencies are investigated by the Federal Trade Commission ( see 15 USC 41, et seq. ). 

I am maintaining a careful record of my communications with you on this matter ; for the purpose of filing a complaint with the FTC should you continue in your non-compliance. I further remind you that, as in XXXX XXXX XXXX XXXX XXXX, XXXX. XXXX ( XXXX  XXXX XXXX, XXXX ), you may be liable for your willful noncompliance. 

For the record, the following information is being erroneously included on my credit report, as I have advised you on two separate occasions, more than 75 days and again 40 days ago : This letter is a formal complaint that you are reporting inaccurate and incomplete credit information. 

According to the Fair Credit Reporting Act, Section 609 ( a ) ( 1 ) ( A ), you are required by federal law to verify, through the physical verification of the original signed consumer contract, any and all accounts that you post on a credit report. Otherwise anyone paying for your reporting services could fax, mail or email in a fraudulent account. 

I demand to see verifiable proof ( i.e. : an original consumer contract with my signature on it ) that you have on file for the account listed below. 

Your failure to positively verify these accounts has hurt my ability to obtain credit. Under the FCRA, unverifiable accounts must be removed and if you are unable to provide me a copy of verifiable proof, you must remove the account listed below. 

and if you are unable to provide me a copy of verifiable proof, you must remove the account listed below. 

In accordance with the fair credit reporting act XXXX accounts, have violated my rights. 

This letter is being sent to you in response to notices sent to me from your company and more importantly, due to your erroneous reporting to the Credit Bureau { s }, the highly negative impact on my personal credit report. Please be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 { b } that your claim is disputed and validation is requested.

This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. 

Please provide me with the following :? What the money you say I owe is for :? Explain and show me how you calculated what you say I owe :? Provide me with copies of any papers that show I agreed to pay what you say I owe :? Provide a verification or copy of any judgment if applicable :? Identify the original creditor :? Prove the Statute of Limitations has not expired on this account :? Show me the you are licensed to collect in my state :? Provide me with your license numbers and Registered Agent or Agent of Service : At this time I will also inform you that if your offices have reported invalidated information to any of the XXXX major Credit Bureaus { XXXX, Equifax or XXXX } this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent, I will not hesitate to bring legal action against you for the following :? Violation of the Fair Credit Reporting Act? Violation of the Fair Debt Collection Practices Act? Defamation of Character If your offices are able to provide proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist. 



Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. 



This includes listing any information with a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate, when in fact there is no provided proof that it is accurate. 



If your company fails to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit report and a copy of such deletion { to any/all of the 3 major credit reporting bureaus : Equifax, XXXX and XXXX } request shall be sent to me immediately. 



I would also like to request, in writing, that no telephone contact be made by your company to my home or my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS. 

It would be advisable that you assure your records are in order before I am forced to take legal action against your company and your client. This is an attempt to correct your records, any information obtained shall be used for that purpose. 

I demand that the following account be verified or removed immediately : I demand that the following account be verified or removed immediately :

Company response to consumer: Closed with explanation