Consumer complaint received 2024-06-23
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. (PA)

On and for the record, the alleged debt owed to XXXX XXXX XXXX has been tendered in accordance with CFR 328.6. This contract/security has been stamped PAY TO THE ORDER OF XXXX  XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX and respective parties to satisfy the debt and correct the accounting in accordance with the Code of Federal Regulations 328.6 Requirements for Endorsement, the Indentured Act of 1939 and UCC 3-311 Accord and satisfaction by use of Instrument, et al. By endorsing this contract as described above, I gave valuable consideration to the parties listed above and I invoked all rights as the Bonafide Purchaser '' and demanded that XXXX XXXX XXXX  file a UCC 3 so that the Title to the Financed Property connected to this alleged debt can be lawfully be retrieved but XXXX XXXX XXXX  has ignored these lawful demands in violation of Federal law. On and for the record, I filed 1099 A electronically with the IRS to tender the full balance of the {$43000.00} alleged debt obligation between I and XXXX XXXX XXXX XXXX which the IRS accepted on XX/XX/XXXX. Let it be known that XXXX XXXX XXXX states that the natural person always EXTENDS THE CREDIT in a consumer application which is further evidence that I am the source of the credit and it is impossible for me to owe XXXX XXXX XXXX XXXX. On and for the record, I, XXXX XXXX Loaned XXXX XXXX XXXX XXXX XXXX securities ( the application for the line of credit which was securitized and the autographed auto loan contract ) which XXXX XXXX XXXX XXXX deposited with their indenture XXXX BANK XXXX NEW YORK XXXX XXXX XXXX and turned into cash in order to fund my auto loan. 
On and for the record, I as stated in all previous notices, I hereby rescind and revoke the SECURITY AGREEMENT in the original contract attached to this debt and all provisions where I willfully gave XXXX XXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX XXXXXXXX the rights to my registered securities and all the proceeds and I HEREBY RESCIND AND REVOKE the RIGHTS GIVEN TO XXXX XXXX XXXX TO REPOSSESS THE FINANCED PROPERTY OR TRACK THE FINANCED PROPERTY FOR ANY REASON. 

Due to the fact that this debt has already been tendered in accordance with CFR 328.6 as well as through the IRS via 1099A, XXXX XXXX XXXX XXXX can no longer exercise rights as Holder in Due Course and must file a UCC 3 and release the lien placed on the financed vehicle attached to this debt and mail the Title to the financed property to my address on file and CEASE AND DESIST ALL COLLECTION ATTEMPTS AND ATTEMPTS TO REPOSSESS THE FINANCED PROPERTY. According to page 129 of your Prospectus form, the Holder-in-Due-Course rule of the Federal Trade Commission ( the HDC Rule ) has the effect of subjecting any assignee of the sellers in a consumer credit transaction, and related creditors and their assignees, to all claims and defenses the obligor in the transaction could assert against the sellers. Liability under the HDC Rule is limited to the amounts paid by the obligor under the receivable, and the holder of the receivable may also be unable to collect any balance remaining due thereunder from the obligor. The HDC Rule is generally duplicated by the Uniform Consumer Credit Code, other state statutes or the common law in some states. However, liability of assignees for claims under state consumer protection laws may differ. Furthermore, According to UCC 3-302 ( e ) If ( i ) the person entitled to enforce an instrument has only a security interest in the instrument and ( ii ) the person obliged to pay the instrument has a defense, claim in recoupment, or claim to the instrument that may be asserted against the person who granted the security interest, the person entitled to enforce the instrument may assert rights as a holder in due course only to an amount payable under the instrument which, at the time of enforcement of the instrument, does not exceed the amount of the unpaid obligation secured. Since the debt has been paid in full according to the IRS, XXXX XXXX XXXX XXXX XXXX not exercise any further rights under the Instrument ( XXXX ) in question. 
According to XXXX XXXX XXXX XXXX XXXX form, XXXX XXXX XXXX XXXX is prohibited from attempting to Reposses the financed vehicle if is a Breach of the XXXX XXXX XXXX XXXX XXXX attempts to reposses my vehicle despite the fact that the debt has been tendered to a XXXX balance since XX/XX/XXXX, it will intimidate myself and members of my household. XXXX BREACH OF THE PEACE. ( b ) Knowingly commit any act or gesture which is reasonably likely to intimidate or threaten others or provoke immediate violent response or a breach of the peace. 

Furthermore, XXXX XXXX XXXX XXXX has violated my rights to privacy Under 15 usc 1681 section 602 and 15 usc 1681 sec 604a section 2 by reporting Late payments on my account without my written express consent. 15 USC 1666B Correction of billing errors states that a Creditor may NOT treat a payment on a Credit card account under an open end consumer credit plan as LATE for any purpose. XXXX XXXX XXXX XXXX must DELETE ALL LATE PAYMENTS in accordance with the Privacy Act of 1974, 15 usc 6802 - Obligations w respect to disclosures of personal information B ) OPT OUT et al. It is a policy of congress that each institution who gives out a line of credit has an affirmative and continuous obligation to respect the privacy of consumer information and that consumer information must be protected against Breeches. XXXX XXXX XXXX XXXX has shared my private information to various unauthorized third parties including but not limited to XXXX, XXXX and Experian which recently experienced a data breach. According to 15 usc 6802 - Obligations w respect to disclosures of personal information B ) OPT OUT : a financial institution may not disclose non-public information to a non affiliated 3rd party such as a Credit Agency, and that I the consumer must receive THREE ( 3 ) disclosures prior to my personal information being reported and give my express Consent which I did not receive nor did i consent. There is NO LAW the REQUIRES my private information to be reported to third party credit reporting agency. On and for the record, XXXX XXXX XXXX XXXX is in direct violation of XXXX CFR XXXX, XXXX and XXXX for reporting my transaction history because reporting the balance of the alleged auto loan is equivalent to reporting my transaction history and I do not consent to my transaction history being reported so the balance must lawfully be updated to XXXX. 

I am hereby demanding XXXX XXXX XXXX XXXX update ALL records to reflect the fact that XXXX XXXX now has a XXXX balance Paid As Agreed with perfect payment history in accordance with XXXX CFR XXXX, XXXX and XXXX and perfect payment history. Furthermore, XXXX XXXX XXXX XXXX is guilty of reporting INCOME to my credit report and INCOME is NON reportable to a credit report. According to the IRS Publication 4681 ( 2023 ) a CHARGE OFF is classified as income and I am hereby demanding that the CHARGE OFF be deleted from this account immediately.