Consumer complaint received 2025-05-23 00:00:00
Product: Debt collection — Auto debt
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: EQUIFAX, INC.
State: FL

Complaint narrative:
DISCLAIMER : This correspondence waives no rights afforded to me under any applicable federal or state laws. Nothing contained herein shall be construed as an admission of liability or indebtedness. 
NOTICE OF FORMAL DISPUTE & DEMAND FOR REMEDY Date : XX/XX/XXXX To : XXXX XXXX XXXX Address XXXX XXXX XXXXXXXX XXXX, XXXX, TX XXXX Via : USPS Certified Mail w/ Return Receipt Subject : Formal Dispute of Inaccurate and Fraudulent Credit Reporting and Demand for Immediate Remedy Dear XXXX XXXX XXXX XXXX I , XXXX XXXX, am writing to assert my legal rights and formally dispute the continued reporting and collection activity associated with the following account : Creditor/Furnisher : XXXX XXXX Services Account Number : ending in XXXX Date Opened/Reported : XX/XX/XXXX | Last Activity : XX/XX/XXXX Credit Report Date : XX/XX/XXXX Report ID : XXXX I. VIOLATIONS AND UNLAWFUL ACTIVITY Expired Statute of Limitations The alleged debt is time-barred under applicable state statutes of limitations. The last activity was recorded in XXXX. Under California Code of Civil Procedure 337 and Florida Statutes 95.11, the statute of limitations on written contracts is four ( 4 ) and five ( 5 ) years, respectively. This debt is uncollectible by law.

Improper Tax Classification and Potential IRS Fraud You have reported this account as a charge-off, implying that it was written off as a loss on your taxes under IRS Form 1099-C guidelines. However, no 1099-C was issued to me, and you continue to assert that the balance is owed. You can not legally claim a tax deduction and simultaneously pursue collection on the same debt. This may constitute tax fraud and a violation of 26 U.S.C. 7206 and IRS Notice 2016-08. Unless resolved, I will report this to the IRS Whistleblower Office under IRC 7623.

Fraudulent Modification of Original Contract The contract in question appears to have been altered after execution. Pursuant to UCC 3-117 and applicable contract law, any modification without my consent is void and unenforceable. I demand the unaltered original contract bearing my wet signature.

Failure to Cease & Desist You have continued to report to credit bureaus despite prior instructions to cease all communication. This violates FDCPA 1692c ( c ), FCRA 1681s-2 ( b ), Florida Statutes 559.72 ( 7 ), and California Civil Code 1788.17. Your continued activity exposes you to strict liability.

II. FORMAL DEMAND FOR DOCUMENTATION To validate your legal position, please produce the following documents within 15 calendar days of receipt of this letter : 1. Original signed contract, unaltered, with wet signature.

2. Assignment of Debt, showing chain of title from original creditor.

3. Forward Flow Agreement between XXXX and any third-party entity.

4. All documents showing debt ownership, collection rights, and reporting authority.

5. IRS Form 1099-C, if a charge-off has been claimed for tax purposes.

6. Written response confirming permanent deletion of this account from all credit bureaus.

III. DEMAND FOR REMEDY Given the aforementioned violations, I hereby demand the following : - Permanent deletion of all tradelines associated with this account from Equifax, XXXX XXXX XXXX ; - Full cessation of all collection activity on this account ; - Confirmation that no third-party agency has been assigned or sold this account for further collection ; - Written settlement offer, if you assert the debt is valid and legally collectible. 
IV. NOTICE OF LEGAL LIABILITY Should XXXX XXXX fail to respond timely and in good faith, I reserve all rights to pursue relief through : - Complaint to the Consumer Financial Protection Bureau ( CFPB ) ; - Complaint to the Internal Revenue Service ( IRS ) ; - Complaint to the California Department of Financial Protection & Innovation ; - Complaint to the Florida Office of Financial Regulation ; - Civil litigation under the FCRA ( 15 U.S.C. 1681n ), FDCPA ( 1692k ), Cal. Civ. Code 1788.30, and Fla. Stat. 559.77.

DISCLAIMER : This correspondence waives no rights afforded to me under any applicable federal or state laws. Nothing contained herein shall be construed as an admission of liability or indebtedness. 

NOTICE OF FORMAL DISPUTE & DEMAND FOR REMEDY Date : XX/XX/XXXX To : XXXX XXXX. 
XXXX XXXX. Customer XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX, CA XXXX Via : USPS Certified Mail w/ Return Receipt Subject : Formal Dispute of Inaccurate and Unlawful Credit Reporting and Demand for Immediate Remedy Dear XXXX XXXX XXXX I, XXXX XXXX XXXX am writing to formally dispute the validity and legal status of certain information furnished and/or reported by your agency in connection with the following account : Creditor/Furnisher : XXXX XXXXXXXX. 
Account Number : XXXX XXXX Date Opened/Reported : XX/XX/XXXX and renewed as a new XXXX late every month. 
Credit Report : XXXX XXXX Report Report Date : XX/XX/XXXX Report ID : XXXX I. VIOLATIONS AND UNLAWFUL ACTIVITY Expired Statute of Limitations The alleged debt is time-barred under applicable state statutes of limitations. The last activity was recorded in [ Insert Date ]. Under Florida Statutes 95.11, the statute of limitations on written contracts is five ( 5 ) years. This debt is uncollectible by law.

Improper Tax Classification and Potential IRS Fraud You have reported this account as a charge-off, implying that it was written off as a loss on your taxes under IRS Form 1099-C guidelines. However, no 1099-C was issued to me, and you continue to assert that the balance is owed. You can not legally claim a tax deduction and simultaneously pursue collection on the same debt. This may constitute tax fraud and a violation of 26 U.S.C. 7206 and IRS Notice 2016-08.

Re-aging of Debt Through Improper Reporting Despite the account being charged off, you have continued to report new 90-day late payments to the credit bureaus, effectively re-aging the debt. This practice violates the Fair Credit Reporting Act ( FCRA ) 1681c ( a ) ( 4 ) and is considered deceptive under the Fair Debt Collection Practices Act ( FDCPA ) 1692e.

Failure to Cease & Desist I previously submitted a cease and desist request to your agency. Your continued furnishing of derogatory data violates FDCPA 1692c ( c ), FCRA 1681s-2 ( b ), and Florida Statutes 559.72.

II. FORMAL DEMAND FOR DOCUMENTATION To validate your legal position, please produce the following documents within 15 calendar days of receipt of this letter : - Original signed contract, unaltered, with wet signature.

- Assignment of Debt, showing chain of title from original creditor.

- Forward Flow Agreement between XXXX XXXX and any third-party entity. 
- All documents showing debt ownership, collection rights, and reporting authority. 
- IRS Form 1099-C, if a charge-off has been claimed for tax purposes.

- Written response confirming permanent deletion of this account from all credit bureaus.

III. DEMAND FOR REMEDY Given the aforementioned violations, I hereby demand the following : - Permanent deletion of all tradelines associated with this account from Equifax, XXXX XXXX XXXX  ; - Full cessation of all collection activity on this account ; - Confirmation that no third-party agency has been assigned or sold this account for further collection ; - Written settlement offer, if you assert the debt is valid and legally collectible.

IV. NOTICE OF LEGAL LIABILITY Should XXXX XXXX fail to respond timely and in good faith, I reserve all rights to pursue relief through : - Complaint to the Consumer Financial Protection Bureau ( CFPB ) ; - Complaint to the Internal Revenue Service ( IRS ) ; - Complaint to the Florida Office of Financial Regulation ; - Civil litigation under the FCRA ( 15 U.S.C. 1681n ), FDCPA ( 1692k ), and Fla. Stat. 559.77.

Company response to consumer: Closed with non-monetary relief