Consumer complaint received 2018-10-03
Product: Credit reporting, credit repair services, or other personal consumer reports — Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem — Investigation took more than 30 days
Company: Experian Information Solutions Inc. (NY)

Enclosed is a copy of the lawsuit that I filed against you in XXXX court on XX/XX/2018. Currently, the Pretrial Conference is scheduled. 

The lawsuit was filed due to the utter lack of response from your company. When someone is the victim of identity theft, it is simply a nightmare trying to get false information removed from a credit file. I have contacted all of the false creditors listed on my credit file. I have challenged all of the false listings on my credit file. Nothing ever happens to fix the situation. 

Over 90 days ago I wrote each the creditors in question and demanded proof that I am their customer. I asked for proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature. So far none of them has been able to provide such proof to me. I have sent follow-up letters to each of them and there is still no proof. I have attempted phone contact, but I simply get transferred around and nothing ever gets accomplished. 

I have fully investigated my rights in this matter. Under the doctrine of estoppel by silence, XXXX v XXXX ( Mo ) 281 SW 715, 719, I may presume that no proof of the alleged debt, nor therefore any such debt, in fact exists. I have copies of the certified letters and dates prepared to bring to court on XX/XX/XXXX. Also, under the Fair Credit Reporting Act, these disputed items may not appear on my credit report if they can not be supported by any evidence. 

Under the Fair Credit Reporting Act, if they can not verify the debt within 30 days, then it must be removed. Your letters to me claim to have " verified '' the debt, but this is in fact not true under law. Simply contacting the alleged creditor and asking them to match up numbers in their database is no sufficient verification for identity theft. Of course the information matches up. Someone clearly used my information without my authorization. 

Now I am suing XXXX for being such a pain in the posterior to me. I have provided more than sufficient evidence to get these false accounts removed. 

You may contact me before court via letter at my address listed at the top of this letter. This matter can be settled simply by your agreement to remove the false information from my credit file. 

I require a response, on point, in writing, hand signed, and in a timely manner. If I get another pointless letter from you saying that it has already been " verified '' then there will be no more opportunity for negotiation. This will proceed in court until I have successfully proven to a judge that this false information must be removed from my credit file. I will also be aggressively pursuing the full judgment that I can get against XXXX for violation of the Fair Credit Reporting Act and Defamation. 

I have already won a similar lawsuit. Enclosed is a copy of that settlement. If you accept the same terms as XXXX  did, then I will dismiss my lawsuit against you and you will not need to appear in XXXX, New York. 

The items to be removed from my credit report are listed as follows : XXXX XXXX