Consumer complaint received 2024-04-16
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Public record information inaccurate
Company: EQUIFAX, INC. (GA)

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, GA XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX, GA XXXX To Whom this XXXX concern, I am challenging the validity of this alleged bankruptcy you have listed on my report. I recently challenged this same account with the credit bureaus and they responded that they have verified this account with XXXX XXXX. I went to the courthouse, and they stated the following : The Bankruptcy XXXX has no jurisdiction over credit reporting agencies. The Clerk 's Office can not communicate with credit reporting agencies on behalf of a party or debtor. Parties must resolve any dispute they havve with a credit agency or their credit report directly with that agency. The Bankruptcy Court and Clerk 's Office do not provide information to credit reporting agencies.

This is the direct statement from the Clerk 's Office. Please send me whatever documents of information you have personally used to " verify '' this alleged bankruptcy immediately. If you can not produce such documents, this bankruptcy needs to be removed from my file as it is defaming my character, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, GA XXXX Equifax XXXX XXXX XXXX XXXX, GA XXXX XXXX XXXX XXXX XXXX XXXX, TX XXXX XXXX XXXX XXXX 2000 XXXX, PA XXXX XXXX : Dispute of Bankruptcy Listing on Credit Report To Whom It XXXX Concern, I am writing to formally dispute the bankruptcy listing on my credit report, which appears under XXXX, Equifax, and XXXX marked XXXX a public record. This bankruptcy entry is inaccurate and I request its immediate removal from my credit report. 

I understand that under the Fair Credit Reporting Act ( FCRA ) and the Uniform Commercial Code ( UCC ), I have the right to dispute any information on my credit report that I believe to be incorrect or unverifiable. According to the FCRA, Section 611 ( a ) ( 5 ) ( A ), I am entitled to receive a free copy of my credit report once every 12 months from each of the three nationwide credit reporting agencies.

Furthermore, I would like to draw your attention to the following UCC provisions and FCRA : UCC 1-201 ( 19 ) : Defines a " consumer transaction '' as transactions in which the party seeking relief is a natural person and the transaction is primarily for personal, family, or household purposes.

UCC 1-201 ( 20 ) : Defines " good faith '' as honesty in fact and the observance of reasonable commercial standards of fair dealing.

UCC 1-203 : Provides that every contract or duty within the UCC imposes an obligation of good faith in its performance and enforcement.

UCC 1-305 : Requires parties to a contract, including creditors, to act in good faith in the performance and enforcement of the contract.

UCC 1-308 : Grants individuals the right to reserve their rights under the UCC without prejudice to their rights or remedies.

Fair Credit Reporting Act ( FCRA ) : Section 611 ( a ) ( 5 ) ( A ) : Grants consumers the right to dispute inaccurate information on their credit reports.

Section 611 ( a ) ( 7 ) : Requires credit reporting agencies to promptly investigate disputed items and remove or correct inaccurate information.

Section 623 ( a ) ( 8 ) : Mandates that credit reporting agencies must provide consumers with a method to dispute inaccurate information.

Fair Debt Collection Practices Act ( FDCPA ) : Section 809 ( b ) : Prohibits debt collectors from reporting inaccurate information to credit reporting agencies.

Section 807 ( 8 ) : Prohibits debt collectors from using unfair or unconscionable means to collect debts, which could include reporting unverified information to credit bureaus.

As per my understanding of the UCC, creditors, and credit reporting agencies are obligated to act in good faith and provide accurate, verifiable information. Given that the bankruptcy listing on my credit report can not be verified, its presence is a violation of my rights under the FCRA and the UCC.

Therefore, I demand that you conduct a thorough investigation into this matter and provide evidence verifying the accuracy of the bankruptcy listing. If you are unable to verify the information within 30 days, I request that it be promptly removed from my credit report I appreciate your prompt attention to this matter and expect a timely resolution. Please send me written confirmation of the actions taken regarding my dispute. 

Thank you for your cooperation. 

Sincerely, XXXX XXXX