Consumer complaint received 2024-07-29
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: EQUIFAX, INC. (CT)

Hi my name is XXXX XXXX Equifax Information Services LLC XXXX XXXX XXXX XXXX XXXX, XX/XX/XXXXXXXXXX/XX/XXXXNumber : XXXX Subject : Immediate Removal of Charge-Offs, Correction of Mortgage Status, and Notification of XXXX XXXX XXXX and XXXX Violations Dear Equifax XX/XX/XXXX XXXX XXXX am writing to demand the immediate removal of charge-off entries from my credit report and the correction of my mortgage status. These entries are not only inaccurate but also involve potential violations of federal laws, including securities fraud and racketeering statutes. 

Legal Grounds for Immediate Removal and XX/XX/XXXX Code (XX/XX/XXXX ) Section 61 : Under XX/XX/XXXX, charge-offs are considered taxable income, which necessitates specific reporting and treatment. The erroneous inclusion of these charge-offs on my credit report is inconsistent with this code and represents a misleading portrayal of my financial status.

Fair Credit Reporting Act ( FCRA ) : According to the FCRA ( 15 U.S.C. 1681 et seq. ), all credit report information must be accurate, complete, and verifiable. Specifically, income, including charge-offs, is not to be included on credit reports. This constitutes a violation of the FCRA, which mandates accurate reporting ( 15 U.S.C. 1681n ). If the charge-offs are not removed, you are in violation of {$1000.00} per incident under FCRA 616 ( 15 U.S.C. 1681n ), and I will seek compensation accordingly.

Mortgage Reporting : My mortgage has been paid in full, and I have provided supporting documentation, including a 1099 form, to verify this. Despite this, Equifax continues to rely on data from its furnisher, which is inaccurate. Under the Real Estate Settlement Procedures Act ( RESPA ) ( 12 U.S.C. 2605 ), a loan servicer must correct inaccuracies in loan reporting upon receiving proper documentation. Moreover, under the Fair Credit Reporting Act ( FCRA ) ( 15 U.S.C. 1681i ), you are obligated to investigate and correct any inaccuracies on my credit report. Any negative reporting regarding a paid-in-full mortgage is both illegal and improper. 

Quiet Title Suit : I am currently involved in a quiet title suit, which directly impacts the validity of any mortgage-related entries on my credit report. As the mortgage has been paid in full and is subject to legal proceedings that affirm this status, any negative reporting is unlawful. This is consistent with case law that recognizes the right to accurate reporting of mortgage status ( see, e.g., XXXX XXXXXX/XX/XXXXXX/XX/XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ) ). 

XXXX XXXX and XXXX Violations : The companies associated with these charge-offs XXXX be engaged in practices that violate securities laws and XXXX statutes. Under the XXXX XXXX XXXX of XXXX and related SEC regulations, any fraudulent reporting or misrepresentation related to financial obligations could constitute securities fraud. Additionally, if these charge-offs are part of a larger pattern of deceit or illegal activity, they XXXX implicate XXXX violations ( 18 U.S.C. 1961-1968 ). I am prepared to report this matter to the Securities and Exchange Commission ( SEC ) and the Department of Justice ( DOJ ) for further investigation. 

IRS Reporting : In light of the potential tax implications of these charge-offs being reported incorrectly, I will be notifying the Internal Revenue Service ( IRS ) of this matter for a formal investigation if these accounts are not removed immediately. The IRS requires that all income and financial information be reported correctly, and incorrect reporting of charge-offs could lead to legal and financial repercussions. For your reference, the IRS office is identified by IRS XXXX XXXX. 

Trustee Information : Additionally, please be aware that XXXX XXXX Bank, with IRS Number XXXX and XXXX XXXX as trustee, located at XXXX XXXX XXXX XXXX XXXX,XX/XX/XXXX may also be involved in oversight or legal matters related to this issue.

Request for Immediate Action I demand that you remove the charge-off entries from my credit report and update the status of my mortgage to reflect that it has been paid in full. You must do this within the timeframe mandated by the FCRA, which is 30 days. Should you fail to comply with this request, I will seek legal recourse to protect my rights and address these potential violations of federal law. Additionally, I will pursue compensation for the violations under the FCRA, specifically {$1000.00} per incident, as stipulated. 

Please provide written confirmation that these entries have been removed and that my mortgage status has been corrected, or a detailed explanation if my request can not be fully accommodated. 

Thank you for your prompt attention to this urgent matter.