Consumer complaint received 2024-09-28
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: Experian Information Solutions Inc. (WI)

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Subject : Formal Dispute of Charge-Off Account per 15 USC 1681e ( b ) and 1681a ( 2 ) ( A ) ( i ), Non-Receipt of 1099-C, and Request for Restitution of Damages To whom it may concern, I am writing to formally dispute the charge-off account listed on my credit report associated with XXXX and XXXX XXXX XXXX. Upon reviewing my credit report, I have reason to believe that the reporting of this account is inaccurate, and the credit reporting agency is in violation of both 15 USC 1681e ( b ) and 15 USC 1681a ( 2 ) ( A ) ( i ), which establish requirements for the accuracy and completeness of credit information.

Legal Framework : 1. 15 USC 1681e ( b ) requires that credit reporting agencies follow reasonable procedures to ensure maximum possible accuracy of the information they report. The charge-off information in this case is inaccurate and unverifiable.

2. 15 USC 1681a ( 2 ) ( A ) ( i ) defines the specific circumstances under which a debt may be classified as a charge-off and reported as such. If a debt has been canceled, forgiven, or discharged, this must be reported correctly, and the creditor must issue a 1099-C ( Cancellation of Debt ) form in accordance with IRS regulations . The absence of a 1099-C form indicates that this debt may not have been properly discharged, making the continued reporting of this charge-off questionable.

Request for Investigation and Verification : In light of the above, I request that you : 1. Conduct an immediate investigation into the accuracy of this charge-off and verify whether the debt was canceled, forgiven, or discharged according to federal guidelines.

2. Provide verifiable documentation supporting the charge-off status, including any records demonstrating that a 1099-C was issued or should have been issued. If this documentation can not be provided, the charge-off must be removed from my credit report.

3. Correct or delete the charge-off from my report if you can not verify the legality and accuracy of this information within the 30-day time frame mandated by the Fair Credit Reporting Act ( FCRA ).

Request for Restitution : Furthermore, the continued inaccurate reporting of this charge-off has caused damage to my financial reputation and creditworthiness, hindering my ability to obtain credit and causing unnecessary stress. In light of the damage caused by this erroneous reporting, I am requesting restitution of damages in the amount of {$2500.00} to compensate for the harm to my credit score and the associated financial distress. 

Please treat this letter as a formal request for both the immediate correction of my credit report and compensation for the harm caused. If I do not receive a satisfactory response within 30 days, I will consider further legal action to ensure compliance and recover additional damages. 

Thank you for your attention to this matter. I look forward to receiving confirmation of the removal of this charge-off and the resolution of this issue in a timely manner. 

Sincerely, XXXX XXXX