Consumer complaint received 2023-12-11
Company: EQUIFAX, INC.
State: TX
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
When a consumer 's promissory note, such as a retail installment agreement, is given to a financial institution by the dealership, the bank records it as both an asset and a liability. It is considered an asset because it represents the future payments the consumer will make, which have value. At the same time, it is also a liability because the bank owes the consumer the funds promised in the note. To facilitate the purchase of the car, the bank then credits a transaction account for the depositor ( the consumer ) with the loan amount specified in the promissory note. This means that the bank is essentially providing a so called loan to the consumer, which allows them to purchase the car. The bank may issue a check or transfer the funds directly to the dealership on behalf of the consumer to complete the transaction. This was never disclosed in any of the agreements with XXXX XXXX XXXX, XXXX XXXX XXXX, and XXXX XXXX XXXX. Follow that each company has violated GAAP guidelines. 15 u.s. code 1681 ( a ) states i have a right to privacy which i am govern under this law. Following 15 u.s. code 1681 ( a ) section 2 which also states a consumer reporting agency can not furnish a account without my written consent on that matter this is considered identity theft or fraud. In accordance to law literature, I the good faith creditor also exercises 15 u.s. code 1681 ( c ) 2 section ( a ) blocking information resulting from identity theft in this section a consumer reporting agency shall block the reporting of any information in the files of a consumer that the consumer identify as identity theft or alleged identity theft, no later than 4 business days after the date of receipt by such agency. I the good faith creditor did not and has never given any of the listed alleged creditors written permission to furnish any account on my consumer file. Ignorance of the law is no excuse. ( Without prejudice ) Further action will be take and lawsuit will be set in place if companies does not apply. Each has violated my constitutional god given right as a natural citizen. 15 U.S.C 1681 section 602 A. States I have the right to privacy. 15 U.S.C 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish an account without my written instructions. 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors ( B ) Reporting information after notice and confirmation of error A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate ; and ( ii ) the information is, in fact, inaccurate. IRS PUBLICATION 4681 ( 2022 ) As defined by the IRS even if you didnt receive a form 1099 C you must report canceled debt as gross income on your tax return.

As a technical term of the law. duty signifies a thing due ; that which is due from a person ; that which a person owes to another. A moral or legal obligation to do a thing.

Such practices undermine the integrity of the debt collection process and contravene the provisions of FDCPA Section 807, which prohibits false, deceptive, or misleading representations. I demand that you cease all false or misleading representations immediately and provide me with evidence of compliance with FDCPA Section 807 requirements or delete this from my consumer file immediately.

The IRS clearly defines a charge-off as this account inaccurate.

Which in fact makes your reporting of gross or ORDINARY INCOME, INCOME DOES NOT GET REPORTED ON THE ( CONSUMER REPORT ).

By definition the IRS clearly says a canceled debt or charge off is income. The reporting off this account as a debt is inaccurate according to the IRS PUBLICATION 4681.

Also, if your debt is canceled and the lender must file Form 1099-C, the lender can include the information about the abandonment on that form instead of on Form 1099-A. 
Which proves you XXXX XXXX XXXX has violated and neglected my rights. Below is a remark that was left by an agent of XXXX XXXX XXXX XXXX XXXX This is also evidence that a charge off is being furnished on my consumer report, which it clearly states in the IRS PUBLICATION that a write off is ordinary income that MUST BE REPORTED ( mandatory ) on a tax return. There The lender must file Form 1099-C and send you a copy if the amount of debt canceled is {$600.00} or more and the lender is a financial institution, credit union , federal government agency, or other applicable entity, as discussed earlier in chapter 1 Under penalty and perjury i the secured party creditor never received a Notice from XXXX XXXX XXXX XXXX XXXX, in fact the lender or any of its agents never sent me a copy of a 1099-C which is considered as a cancellation of debt that was filed as a write off on a tax return according to the IRS Publication. 

Hard 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 XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Company response to consumer: In progress