Consumer complaint received 2024-01-09
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: SANTANDER HOLDINGS USA, INC. (GA)

There is information that on my consumer report that is a result of identity theft. I did not provide written permission of instructions for the identified transactions to be reported on my consumer report. I am requesting that the reporting of this information be blocked and deleted. As a federally protected consumer I'm seeking proof of the alleged debt, 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, nor therefore any such debt, in fact exists. In a good faith effort to resolve this matter amicably, I demand for proof of the debt, specifically the alleged contract or other instrument bearing my signature in wet ink, as well as proof of your authority in this matter. Absent such proof, you must terminate this collection action and correct any erroneous reports of this debt as mine. For the record, I state again that as I have no account with you, nor am I your customer, nor have I entered into a contract with you, I must ask for the following information : 1 ) Please evidence your authorization under 15 USC 1692 ( e ) 15 USC 1692 ( f ) and USC 1692 ( g ) in this alleged matter. 2 ) What is your authorization of law for your collection of information? 3 ) What is your authorization of law for your collection of this alleged debt? 4 ) Please evidence your authorization to do business or operate in the state. 5 ) Please provide proof of the alleged debt, including specifically the alleged contract or other instrument bearing my wet signature. You have 7 days of this notice to respond. Your failure to respond, on point, in writing, hand signed, and in a timely manner, will work as a waiver to any and all of your claims in this matter, and will entitle me to presume that you sent your letter ( XXXX ) in error, and that this matter is permanently closed. Your continued silence is unacceptable. Either provide the proof or correct the record to remove the invalid debt from my credit files with the three-primary credit-reporting agencies. You are currently in violation of the Fair Credit Reporting Act and the Fair Debt Collection Act. I can't obtain housing or employment due to the violations on my credit file. Failure to respond within 7 days of this letter will begin my small claims action against your company. I will be seeking { {$5000.00} } in damages for the following : 1 ) Defamation 2 ) Negligent Enablement of Identity Fraud 3 ) Violation of the Fair Credit Reporting Act After obtaining the judgment against your company, I will obtain a Writ of Execution from the Sheriffs office in your county and I will begin the process of attaching property or funds to satisfy the judgment. For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. I am requesting that the reporting of this information be blocked and deleted. My request to block is not being made in error ; nor is my request to block being made on the basis of a material misrepresentation of fact by me relevant to the request to block the identified transactions. You are in violation under 15 U.S.Code 1681i ( 5 ) removal of Inaccurate/Invalidated Credit Information and 15 U.S.Code 1681 ( e ) ( b ) Compliance procedures maximum possible accuracy & section 604 15 us code 1681 B.

The identified transactions are not information related to any transaction by me as the consumer ( see attached )