Consumer complaint received 2024-10-13
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: Experian Information Solutions Inc. (NV)

On XX/XX/2024 XXXX XXXX Bank sent me a Notice stating the following facts : 1.That the ownership of the account was transferred to a third party and that XXXX XXXX XXXX  NO LONGER has a financial interest in the account. 
2. All debt collection communication from XXXX XXXX XXXX  regarding this credit card account ceased when the account was SOLD to third party 3. Any current collection efforts on this account are not on behalf of XXXX XXXX XXXX XXXX XXXX XXXX XXXX has verified that the account is not being reported to the consumer reporting agencies on behalf of XXXX XXXX XXXX XXXX 
5. And that when applicable, tax forms are provided annually ( in tax year debt was forgiven/charged-off ) in accordance with IRS filing requirements. 

Based on the preceding facts as given and accepted by consumer. It is proof that XXXX, XXXX and Experian are reporting these accounts adversely to the consumer without the proper consent from the consumer to be reporting these accounts. 

Therefore I light of these facts I demand that XXXX, XXXX and Experian remove these following accounts : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX not authorized to report consumer private commercial information. 
XXXX XXXX XXXX XXXX XXXX to Validate debt, Failure to show Chain of Assignment. 

Each potential violation that I've come to understand involves the following : 1. Failure to Provide IRS Form 1099-C for Charged-Off Debt Pursuant to **IRS Regulation 26 U.S. Code 6050P**, creditors are required to issue a **Form 1099-C** for any debt that has been canceled or charged off if the forgiven amount exceeds {$600.00}. 

- I have not received a **1099-C** from XXXX XXXXXXXX XXXX for the alleged charged-off debt. Without this form, I can not accurately report income to the IRS, and until such time as you comply with this requirement, I assert that no legal tax liability or additional reporting obligation exists in relation to this debt. 

- If you have previously canceled or forgiven this debt, you are required to report the cancellation to the IRS and provide me with the necessary documentation. Please take notice that failing to issue a **1099-C** is a violation of IRS rules. 

2. Lack of Contractual Obligation to Third-Party Debt Buyers I hereby affirm that I have no contractual relationship or obligation to XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  or any third-party debt buyers who claim to have purchased the debt from the original creditor. 

- Under general principles of **contract law**, I am not obligated to enter into any new contract or agreement with a third party. Any attempt to force me into a new agreement would be a violation of **my rights** under U.S. contract law and the **13th Amendment**, which prohibits involuntary servitude, including any form of **debt peonage** or forced contractual relationships. 

- Any obligations I may have had pertain solely to the original creditor, and no new terms may be imposed upon me by a third-party buyer. 


3. Request for Debt Validation and Proof of Assignment Pursuant to the Fair Debt Collection Practices Act ( FDCPA ) ( 15 U.S. Code 1692g ), I request immediate validation of the alleged debt. This includes : - Proof of the original debt, including the original signed contract, account statements, and any supporting documentation. 

- Proof of assignment, showing that you are the legal owner of the debt and have the legal right to collect the debt from me. Please provide a detailed chain of title demonstrating that the debt was properly assigned from the original creditor to your firm. 

If you can not provide the necessary proof of assignment, I maintain that you do not have the standing to collect this debt, and I formally dispute your claim.

4. Statute of Limitations I further request confirmation of the dates on which this debt originated and was allegedly defaulted upon. If the statute of limitations has expired under NEVADA LAW, I am not legally obligated to repay this debt, nor may you initiate legal action to collect it. 

The statute of limitations applicable to this debt is [ insert state-specific statute period ], and as such, if the legal time frame for collection has passed, any further attempts at collection would be unlawful. 

5. Fair Reporting of Debt and Charge-Offs Under the **Fair Credit Reporting Act ( FCRA ) ( 15 U.S. Code 1681 ) **, I dispute any erroneous or misleading reports of this debt to credit reporting agencies. Please correct any inaccurate information immediately. If this debt has been charged off, you are required to report the charge-off correctly and ensure compliance with federal credit reporting standards. 

6. Caveat for Nonresponse and Invalid Assignment** In the event that you fail to respond to this notice within **30 days** or do not provide **valid proof of assignment** and debt validation as required by law, I will consider your claim on this debt as invalid and unenforceable. Consequently : - Any attempt to report this debt to credit reporting agencies will be treated as a violation of the **Fair Credit Reporting Act**.

- Any further collection attempts, including communication, will be considered harassment and a violation of the **Fair Debt Collection Practices Act ( FDCPA ) **. 

- If this debt was sold or assigned without proper documentation, I assert that I have no legal obligation to any third party, and your failure to produce the assignment documentation will serve as a formal acknowledgment that no valid assignment exists. 

Failure to comply with this request and continued attempts to collect on an improperly assigned or unverified debt may result in my taking legal action against XXXX, XXXX and EXPERIAN for violations of the FDCPA, FCRA, and any other applicable state and federal laws. I reserve the right to seek all available remedies, including statutory damages, legal costs, and attorneys fees. 


Failure to remove or update accounts to Paid as Agreed, shall be an adverse action against consumer and shall be Proof of Violation of various FCRA and FDCPA and other consumer protection and Uniform Commercial Code as well as IRS laws, codes, statute 's and ordinances WILLFULLY. 

Thank you for your attention in these matters. 
Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX XXXX