Consumer complaint received 2024-10-21
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: Experian Information Solutions Inc. (NC)

charge off letter " XXXX XXXX XXXX XXXX XXXX XXXX XXXX, North Carolina XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, South Dakota, XXXX Dear XXXX, I am writing to formally dispute the reporting of the charge-off account associated with # XXXX on my credit report. Under the Fair Credit Reporting Act ( FCRA ), specifically 15 U.S.C. 1681i ( Reinvestigation of Disputed Information ), and 15 U.S.C. 1681s-2 ( Responsibilities of Furnishers of Information ), I am entitled to request and receive complete and accurate documentation to verify the accuracy and legality of this accounts reporting. Additionally, under North Carolina law, I am requesting proper validation of this debt. 
I would like to highlight several cases that affirm my right to dispute this information and request accurate reporting. In Cushman v. TransUnion Corp., 115 F.3d 220 ( 3d Cir. 1997 ), the court emphasized the duty of credit reporting agencies and furnishers to ensure the accuracy of the information reported on consumers ' credit reports. Furthermore, Johnson v. MBNA America Bank, NA, 357 F.3d 426 ( 4th Cir. 2004 ) reinforces the requirement that furnishers conduct proper investigations into disputes and verify the accuracy of their reporting.

To properly validate this account, I am requesting the following : 1. Authenticated Double-Entry Accounting Records I am requesting full double-entry accounting records for the account mentioned. This should include a detailed breakdown that shows how all transactions were debited and credited, ensuring compliance with standard accounting principles. Please note that I do not wish to receive a simple list of charges or statements. I expect authenticated evidence of the debt.

The court ruling in Chaudhry v. Gallerizzo, 174 F.3d 394 ( 4th Cir. 1999 ) held that mere conclusory statements from debt collectors or creditors do not satisfy the validation requirement. Only authenticated and verified documentation proving the validity of the debt is acceptable.

2. Authenticated Evidence Based on North Carolina Law In addition to the accounting records, I require authenticated evidence, in compliance with North Carolina law ( N.C. Gen. Stat. 58-70-1 ), that you have the legal right to report and collect this debt. This includes original signed contracts or agreements that show my obligation to pay the debt and your legal right to enforce collection and report it to credit bureaus. Without this evidence, the continued reporting of this debt may constitute a violation of both federal and state consumer protection laws.

In Spears v. Brennan, 745 N.E.2d 862 ( Ind. Ct. App. 2001 ), the court held that creditors must produce original signed documentation to prove the validity of a debt. Failing to provide this evidence may result in a violation of both state and federal consumer protection laws.

3. 1099-C Form If this debt has been forgiven, canceled, or settled for less than the full balance, I am requesting a copy of the 1099-C form filed with the IRS, which is required if the amount of canceled debt exceeds {$600.00}. If you have not provided this documentation, the debt may be considered discharged, and it should no longer be reported as owed on my credit report.

The IRS has clearly outlined the requirements for filing a 1099-C form under 26 U.S.C. 6050P, which applies when a debt of {$600.00} or more is discharged or forgiven. If you have failed to file this form, the continued reporting of this debt may be fraudulent.

In the absence of the requested documentation and verifiable evidence, I request that you immediately delete this account from my credit report in compliance with the FCRA and North Carolina law. Failure to do so will result in further action, including filing formal complaints with the Consumer Financial Protection Bureau ( CFPB ), pursuing legal remedies to enforce my rights, and submitting a Suspicious Activity Report ( SAR ) to the IRS for suspicion of fraud. The SAR ( FinCEN Form 111 ) will be filed if you continue reporting inaccurate and unverified information without providing the required documentation.

Please respond within 30 days of receipt of this letter. I look forward to receiving the required documentation or confirmation that the account has been deleted. "