Consumer complaint received 2024-10-28
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: Experian Information Solutions Inc. (CA)

I contacted XXXX account manager- XXXX I requested several item 's. Number 1, the account was reported to all XXXX bureaus as " Reopened ''. A charge off account can not be " reopened ''. I was informed it was sent back to XXXX from the debt collection agency and reported as reopened. 
I then inquired as to why I did not receive a 1099-c cancellation of debt? if the account was reported as " written off as bad debt ''? Income can not be reported as " Bad Debt '' but infact should be reported as " INCOME '' per IRS guidelines if they XXXX has infact received a tax credit for the debt. This is fraud. 
He assured me they do not write off debts and I should make a payment to dismiss the debt.

I agreed to a settlement if and only if they do not owe me a 1099-c. After speaking with IRS, they do owe me a cancellation of debt 1099 c. This company is comitting fraud. 

Be advised this is not a refusal to pay, but a notice that your claim is disputed and validation is requested. Under the Fair Debt collection Practices Act ( FDCPA ), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation that is binding on me to pay this debt beyond your acceptance of tax credits issued to receive a write off as bad debt. Once this occurs, the proper protocol is to issue a 1099- c cancellation of debt and to stop monthly reporting of collection activity. 
Declaration of XXXX XXXX This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to 15 USC 1692g Sec. 809 ( b ) of the FDCPA. 15 USC 1692g, 15 USC 1681 S-2, 15 USC 6802. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. I firmly state pursuant to 15 USC 1692C ( c ), I exert my right to notify you, I refuse to pay this debt you claim I owe. I have not given your company permission to access my data, you are hereby notified to cease and desist all activity and cease reporting on my credit report until you furnish proper jurisdiction. 
At this time I will also inform you that if your offices have or continue to report invalidated information to any of the XXXX major credit bureaus ( XXXX, Experian, XXXX ), this action might constitute fraud under both federal and state laws. Due to this fact, if any negative mark is found or continues to report on any of my credit reports by your company or the company you represent, I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Debt Collection Practices Act and Defamation of Character per {$1000.00} infraction small claims court. 
I am sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies. 
If your offices are able to provide the proper documentation as requested in the following declaration, I will require 30 days to investigate this information and during such time all collection activity must cease and desist. Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will pursue legal remedies without further notice. This includes any listing of any information to a credit-reporting repository that could be inaccurate or invalidated. 
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. 
It would be advisable that you and your client assure that your records are in order before I am forced to take legal action. 
CREDITOR DECLARATION Please provide the following : Agreement with your client that grants you the authority to collect on this alleged debt beyond written off as bad debt stadge. 
Agreement that bears the signature of the alleged debtor wherein he/she agreed to pay the creditor. 
Any insurance claims have been made by any creditor regarding this account. My express permission to report my credit report and any data. 
Any Judgments obtained by any creditor regarding this account. 
Name and address of alleged creditor. 
Name on file of alleged debtor. 
Alleged account number. 
Address on file for alleged debtor. 
Amount of alleged debt. 
Date this alleged debt became payable. 
Date of original charge off or delinquency. 
Verification that this debt was charged as bad debt as tax credit received on my behalf Complete accounting of alleged debt. 
Commission for debt collector if collection efforts are successful. 
Proof that all debts written off as bad debt are no issued 1099-c and claimed as " income '' to my irs account XXXX 
Your claim can not and WILL NOT be considered if any portion of the above is not completed and returned with copies of all requested documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please allow 30 days for processing after I receive this information back. 
Best Regards, XXXX XXXX cc Federal Trade Commission