Consumer complaint received 2017-08-25
Product: Credit reporting, credit repair services, or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account status incorrect
Company: EQUIFAX, INC.

Complaint:
In XX/XX/XXXX I returned this car to XXXX XXXX XXXX XXXX because it were several defaults in the car that the company, XXXX XXXX XXXX refused to take back. 
My only option then was to voluntarily return the car to the finance company XXXX XXXX 
I have several letter to them regarding the contract I signed to purchase the car. XXXX XXXX XXXX XXXX [ XXXX XXXX XXXX ] was a third party to a car sale with myself and XXXX XXXX XXXX. 
Relying upon the XXXX agent to tell me what was in the contract as I did not have my glasses with me, signed for the loan and sale, not knowing the terms of the contract. 
I had previously used XXXX for the purchase [ in California ] of my old car that was totaled and other times when needing rentals. Thus, I felt the company was reliable. 
But the XXXX car I wound up with gave me lots of problems. Shifting Gears, braking, grinding noises when turning the steering sharply to park or to turn a corner, wind shield wipers not working properly, at times the horn would not work, or the locks would not un lock upon turning the engine off, just a few of the things I remember now ; Which made me very nervous to try to drive this car. 
XXXX would not take the car back. But wanted to put me in another car and add the difference of the XXXX blue book price, and what they sold the car to me for to the new car { A sum of over {$3200.00}. } and that made the payments sky rocket No way. 
So as a last effort to get out of a car that did not run properly, I took it back to the XXXX XXXX XXXX who financed the car. 
XXXX XXXX XXXX gave me a letter stating that I had voluntarily returned the car to them as collateral on the loan. No statement was made that I would owe any more money. 
XXXX XXXX XXXX had the option : 1. of rescinding the contact with XXXX and give the car to them in return for them to cancel the loan and paid XXXX XXXX XXXX or 2. Selling the car for the amount of the loan to a private person or 3. Sell the car out right, and if that amount did not cover theirXXXX XXXX XXXX XXXX expenses to press XXXX for the difference. 
To try to press me for that difference is asking me to pay for nothing of a benefit to me. 
This would be an unconscionable contract is one that is so one-sided that it is unfair to one party and therefore unenforceable under law. It is a type of contract that leaves one party with no real, meaningful choice, usually due to major differences in bargaining power between the parties. 
In a lawsuit, if the court finds a contract to be unconscionable, they will typically declare the contract to be void. No damages award or specific performance will be issued, but instead the parties will be released from their contract obligations. 
If, I post this on the internet as a complaint or to the XXXX how would some of your other customers react? 
Unusually harsh and shocking to the conscience ; that which is so grossly unfair that a court will proscribe it. 
When The contract is invalid. When I returned the car that severed my obligation to them. 
Yet, they XXXX XXXX XXXX kept trying t get me to pay for what they call a balance of storage and what they say was the difference of what they paid XXXX and what they sold the car for. 
XXXX was under a obligation to relieve me of any further collections because they had the car in their possession and its full value. 
XX/XX/XXXX6 XXXX XXXX XXXX XXXX XXXX I read the contract you sent me upon purchase of this vehicle. And there is no provision for a defective produce or return for any other reason listed. 
I returned the car to you and that severed my obligations to you. 
However, you had the opportunity to obtain the highest dollar amount for the car that would have cleared the account. YOU DID NOT. 
You paid XXXX for the car. NOT ME. You could have made a deal with them to take back or cancel the contract and payment to them. You chose not to do this. 
Since XXXX is always looking for ways to sale cars, it would have been in their best interest to resolved this with you. Did you even contact them about this issue? 
According to the Consumer Credit Bureau, any return of value or payment to the account is considered a payment and stops a delinquency action. 
I ask you for what am I paying for? I received nothing from you. I have nothing to show for the money you want from me. The return of the car ended my contract with you. Yet, you want me to pay for nothing. I am not enriched in any way from this contract. But in order to return the car to, you made, under pressure, to sign papers that are not in my best interest. 
Again, there is no delinquency on this account. My obligations to you are over. THE CAR WAS RETRUNED TO YOU. .. 
SINCERELY, XXXX XXXX XXXX There was several letter and emails back and forth about this claim of my delinquency to them. NO SO.

Company response to consumer: Closed with explanation