Consumer complaint received 2024-06-21
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. (VA)

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Va XXXX **XXXX*XXXX XXXX XXXX XXXX  XXXX, PA XXXX XXXX XXXX XXXX XXXX XXXX, TX XXXX **XXXX** XXXX XXXX XXXX XXXX, GA XXXX Subject : Dispute of Derogatory and Negative Account Information Dear Credit Bureau Representatives, I am writing to formally dispute inaccurate information on my credit report as detailed below. This account is reported with multiple errors and inconsistencies which I believe are not only inaccurate but also a violation of my rights under the Fair Credit Reporting Act ( FCRA ). 

**Account Details : ** - **Account Name** : XXXX  XXXX - **Account Number** : XXXX - **Account Type** : Revolving - **Account Status** : Derogatory - **Balance** : **Specific Errors : ** 1. **Billing Error under 15 USC 1666B** : This account reflects a billing error as defined under 15 USC 1666B . I have consistently paid my bills on time. The reported late payments are erroneous and unlawful as per the stipulated laws.

2. **Violation of 15 U.S. Code 1605 ( a ) ** : If a finance charge was included in the total amount of payments, there should be no late payments on this account. This must be corrected immediately.

3. **Violation of 15 U.S.C. 1681i ( 7 ) ** : The account was reported without valid evidence, violating 15 U.S.C. 1681i ( 7 ). The lack of proper verification renders this account improperly reported.

4. **Violation of 15 U.S. Code 1681e ( b ) ** : The account is not reported 100 % accurately, violating 15 U.S. Code 1681e ( b ). This failure to ensure accuracy in reporting is misleading.

5. **Unauthorized/Erroneous Account** : This account may be a result of the XXXX data breach, thus potentially unauthorized or erroneous. Reporting such false information violates the FCRA.

6. **Violation of 15 U.S. Code 1681a ( 2 ) ( B ) ** : Any credit transaction involving the use of a social security card should be excluded from a consumer credit report. Including this account violates this provision.

I have requested proof of the alleged debt from the creditor/agency, specifically the original application bearing my signature, which has not been provided. Under the FCRA, if the disputed item can not be supported by any evidence, it must be removed from my credit report ( 15 USC 1681 ).

Furthermore, under the doctrine of estoppel by silence, Engelhardt v. Gravens ( Mo ) 281 SW 715 719, I may presume that no proof of the alleged debt exists and therefore, no such debt exists.

Misleading and false reporting of this account is negligent and fails to comply with 15 USC 1681. Additionally, under 15 U.S. Code 1681b, I never gave written consent for you to report anything on my consumer reports. Reporting without consent constitutes fraud.

Moreover, regarding the charge-off reported, I have not received a Form 1099-C for the cancellation of this debt from your office. As per IRS regulations, creditors are required to issue a Form 1099-C when a debt of {$600.00} or more is canceled or forgiven. The absence of this form indicates that the debt may not have been officially canceled.

I kindly request that you review your records and issue a Form 1099-C for the canceled debt if it exists. If you do not have a record of this debt being canceled and a corresponding Form 1099-C can not be issued, I request that the charge-off be promptly removed from my credit report as it may be inaccurately reported.

Please reinvestigate these matters and correct the disputed information as soon as possible. I have enclosed copies of my credit report with the highlighted incorrect items for your reference. 

Thank you for your prompt attention to this matter.