Consumer complaint received 2024-10-31
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: Experian Information Solutions Inc. (SC)

I have a closed account reporting on my credit reports with a balance due of XXXX. I sent a copy to the following company with no proper solution. Per 1026.23 Right of rescission. 1 ) In a credit transaction in which a security interest is or will be retained or acquired in a consumer 's principal dwelling, each consumer whose ownership interest is or will be subject to the security interest shall have the right to rescind the transaction, except for transactions described in paragraph ( f ) of this section. For purposes of this section, the addition to an existing obligation of a security interest in a consumer 's principal dwelling is a transaction. The right of rescission applies only to the addition of the security interest and not the existing obligation. The creditor shall deliver the notice required by paragraph ( b ) of this section but need not deliver new material disclosures. Delivery of the required notice shall begin the rescission period. Within 20 calendar days after receipt of a notice of rescission, the creditor shall return any money or property that has been given to anyone in connection with the transaction and shall take any action necessary to reflect the termination of the security interest. 3 ) If the creditor has delivered any money or property, the consumer may retain possession until the creditor has met its obligation under paragraph ( d ) ( 2 ) of this section. When the creditor has complied with that paragraph, the consumer shall tender the money or property to the creditor or, where the latter would be impracticable or inequitable, tender its reasonable value. At the consumer 's option, tender of property may be made at the location of the property or at the consumer 's residence. Tender of money must be made at the creditor 's designated place of business. If the creditor does not take possession of the money or property within 20 calendar days after the consumer 's tender, the consumer may keep it without further obligation. ( 1 ) When a consumer rescinds a transaction, the security interest giving rise to the right of rescission becomes void and the consumer shall not be liable for any amount, including any finance charge.

This is notice of your violation of the Fair Credit Reporting Act ( FCRA ) under 15 U.S.C. 1681n. Due to this noncompliance, I request removal of incorrect data and may pursue damages as per FCRA regulations. 


XX/XX/XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Subject : Exercise of Right to Rescind Dear XXXX and XXXX, I am writing this letter to formally exercise my right to rescind the Retail Purchase Agreement and Retail Installment Contract and Security Agreement ] that was entered into between XXXX XXXX XXXX and XXXX XXXX and XXXX XXXX XX/XX/XXXX. 

According to 1026.23 Right of rescission, I have the right to rescind within 3 years from the date of signing. As such, I am within the allowed timeframe to exercise this right.

TILA ( 15 U.S.C. 1635 ) gives borrowers an extended right to rescind within three years if the lender has failed to provide to the borrower either the notice of rescission or accurate material disclosures. In you all case documents and correct information I hereby declare my decision to rescind the aforementioned contract/agreement due to 1. Withholding any material information about the new or used vehicle ; failed to disclose the car was a part of a Class Action Lawsuit and that the car had no known repair issues ( clutch Failure and Replacement ) ( Transmission and Power Train Failure ) 2. Falsey Advertising which applies to many forms of Auto Dealer Fraud 3. False misrepresentation of the Used Car Rule feral regulations require used car dealerships to disclose certain information, prohibiting false statements materials misrepresentations and other unfair or deceptive practices in connections with the sale of the used vehicle. ( Dealer Disclaims and implied warranties or offers for sale as is and service contracts available ( XXXX XXXX XXXX and XXXX ) 4.Misrepresentaions of the Retail Purchase Agreement and Retail Installment Contract and Security Agreement ( XXXX XXXX ) XXXX. The XXXX & XXXX requirements for South Carolina 6. Recalls and Defects, and as followed : Recalls & Defects Recall Subject : Structure : body Report Receipt Date : XXXX Campaign : XXXX XXXX XXXX XXXX ( XXXX XXXX is recalling certain XXXXXXXX XXXX XXXX XXXX  vehicles. the floor pan may have improperly welded left-hand apron joints. 
Consequence\nImproperly welded apron joints may reduce the front-end structural integrity of the vehicle, increasing the risk of injury in the event of a crash. 
Remedy\nXXXX will notify owners, and dealers will inspect the apron joints, repairing the vehicle, as necessary, free of charge. the recall began XX/XX/XXXX, XXXX owners may contact XXXX customer service at XXXXXXXX XXXX XXXX XXXXXXXX for this recall is XXXX. 
Notes\nOwners may also contact the national highway traffic safety administration vehicle safety hotline at XXXX ( tty XXXX ), or go to XXXX. 

Recall Subject : Structure : body : XXXX/Liftgate Report Receipt Date : XXXX Campaign : XXXX XXXX XXXX XXXX ( XXXX ) is recalling certain model XXXX XXXX XXXX XXXX XXXX vehicles manufactured XX/XX/XXXX, to XX/XX/XXXX and equipped with a manual transmission. the hatchback of the affected vehicles may be unlatched with a single press of the interior latch release button. as such, these vehicles fail to comply with the requirements of federal motor vehicle safety standard ( fmvss ) number XXXX, " door locks and door retention components. '' Consequence\nWith only a single press needed, the driver may accidently unlatch the XXXX, increasing the risk of injury to any unsecured passengers in the back. 
Remedy\nXXXX  will notify owners, and dealers will reprogram the body control module with updated software, free of charge. the recall began XX/XX/XXXX, XXXX owners may contact XXXX customer service XXXX XXXXXXXX XXXX XXXX XXXXXXXX for this recall is XXXX. 
Notes\nOwners may also contact the national highway traffic safety administration vehicle safety hotline at XXXX ( tty XXXX ), or go to XXXX. 

Recall Subject : Fuel System, Gasoline : storage Report Receipt Date : XXXX Campaign : XXXX XXXX XXXX XXXX ( XXXX XXXX is recalling certain XXXX XXXX XXXX vehicles with a XXXX XXXX or XXXXXXXX XXXX engine. the canister purge valve ( cpv ) XXXX malfunction, possibly causing excessive vacuum in fuel vapor management system. 
Consequence\nThe excessive vaccuum may result in an engine stall while driving, without warning and without the ability to restart the vehicle, increasing the risk of a crash. 
Remedy\nXXXX will notify owners, and dealers will reprogram the powertrain control module. dealers will also check for fault codes and replace the cpv as needed. if the cpv is replaced, dealers will inspect and replace the carbon canister, fuel tank and fuel delivery module as necessary. the recall began XX/XX/XXXX, XXXX owners may contact XXXX customer service XXXX XXXX XXXX XXXX  XXXX for this recall is XXXX. note : until the vehicle is serviced for this concern, owners are advised to keep the fuel tank at least halfway full. 
Notes\nOwners may also contact the national highway traffic safety administration vehicle safety hotline at XXXX ( tty XXXX ), or go to XXXX. 

Recall Subject : Power Train : manual Transmission Report Receipt Date : XXXX Campaign : XXXX XXXX XXXX XXXX ( XXXX XXXX is recalling certain XXXX XXXX XXXX vehicles equipped with a XXXXXXXX XXXX XXXX engine and a XXXX manual transmission. the clutch may fracture, resulting in damage to the transmission assembly and possibly a transmission fluid leak. 
Consequence\nA transmission fluid leak in the presence of an ignition source such as hot engine or exhaust components can increase the risk of a fire. 
Remedy\XXXX  will notify owners, and dealers will update vehicles with software that detects and prevents prolonged clutch slip, and will replace the clutch, as necessary, free of charge. the recall began XX/XX/XXXX, XXXX owners may contact XXXX XXXX XXXXXXXXXXXX XXXX XXXX XXXXXXXX for this recall is XXXX. note : this recall is an expansion of recall XXXX. 
Notes\nOwners XXXX also contact the national highway traffic safety administration vehicle safety hotline at XXXX ( tty XXXX ), or go to XXXX. 

Recall Subject : Power Train : manual Transmission Report Receipt Date : XXXX Campaign : XXXX XXXX XXXX XXXX ( XXXX XXXX is recalling certain XXXX XXXX XXXX vehicles equipped with a XXXXXXXX XXXX  engine and XXXX manual transmission and XXXX XXXX XXXX vehicles equipped with a XXXXXXXX XXXX  engine and XXXX XXXX transmission. also included are XXXX XXXX XXXX focus vehicles that had clutch replacements with potentially affected parts. the clutch may fracture, resulting in damage to the transmission assembly and possibly a transmission fluid leak. 
Consequence\nA transmission fluid leak in the presence of an ignition source such as hot engine or exhaust components can increase the risk of a fire. 
Remedy\XXXX  will notify owners, and dealers will update the focus vehicles with software that detects and prevents prolonged clutch slip, and will replace the clutch, as necessary, free of charge. owners of XXXX vehicles will have their clutch assembly replaced free of charge. the recall began XX/XX/XXXX, XXXX owners may contact XXXX customer service XXXX XXXXXXXX XXXX XXXX XXXX for this recall is XXXX 

XXXX. The specific discrepancies, false information, or misrepresentations found on the Bill of Sale and Retail Installment Contract Gap Coverage for {$690.00} ; SECTION 37-30-140. GAP waiver disclosures. A Number 7, 7 ) a statement that the purchase of the GAP waiver is optional and the statement must be in all caps, underlined, or disclosed in another prominent manner and must be substantially similar to the following : " THIS GAP WAIVER IS NOT REQUIRED TO OBTAIN CREDIT, NOR TO OBTAIN CERTAIN TERMS OF CREDIT OR TO PURCHASE THE RELATED MOTOR VEHICLE. THIS GAP WAIVER WILL NOT BE PROVIDED UNLESS YOU SIGN AND AGREE TO PAY THE ADDITIONAL COST '' and B, A GAP waiver that is included within the body of the finance agreement must provide the disclosures required by this section in a separate document that must be signed by the borrower before the purchase of a GAP waiver. A GAP waiver that is a separate addendum to the finance agreement may include these disclosures within the terms of the GAP waiver which also must be b 2. Finance Charge XXXX at a 16.994 %. Above the APR during the time my car was purchase, This was not agreed to in the first initial screening an installment plan. ( XXXX XXXX ) XXXX. XXXX. Notice of Violation of FCRA 15 Code 1666b 4. Notice of Violation of Consumer Rights I kindly request that you acknowledge this rescission in writing and provide instructions on how to proceed with yo all providing the return of all my funds, property, or any other relevant matters. I expect a prompt response within 14 business days of the date listed above.

Please be aware that upon the rescission of the contract/agreement, any obligations or responsibilities outlined within it shall cease to be binding for both parties. 

Thank you for your attention to this matter. I look forward to resolving this situation amicably. 

Yours sincerely, XXXX XXXX XXXX