Consumer complaint received 2024-01-02 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: FactorTrust, Inc.
State: FL

Complaint narrative:
I have recently reviewed a copy of my credit report. I am so shocked that I am a victim of identity theft. I found numerous accounts on my credit report that were not opened by me. This is hurting me as I am in the process of buying a house for my family. Please remove these fraudulent accounts from my credit report as soon as possible. Subject : Notice to Principal is Notice to Agent and Notice to Agent is Notice to Principal - Legal Violations Regarding Consumer Profile i hope this NOTICE finds you well. i am writing to address a matter of utmost significance regarding the improper use of my consumer profile, leading to potential discrimination from other collection agencies based on inaccurate credit reporting. It is crucial that all companies listed on the Identity Theft report rectifies these issues promptly in accordance with applicable laws and regulations. The foundational principle, Notice to Principal is Notice to Agent and Notice to Agent is Notice to Principal, deeply embedded in legal doctrine, serves as the bedrock for addressing the violation at hand. Title 15, Section 1692c ( 15 U.S.C. 1692c ) of the United States Code establishes explicit limitations on communication in connection with debt collection. These limitations prohibit debt collectors from communicating about a consumers debt to third parties unless under specific circumstances, such as with the consumers consent or for the purpose of locating the consumer. In conjunction with these provisions, it is imperative to comprehend the concept of permissible purpose as defined in 15 U.S.C. 1681b. This section delineates the legitimate reasons for obtaining and using consumer reports, ensuring that creditors have a valid and authorized basis for accessing and utilizing a consumers credit information. Violating this principle arises when a creditor sells a debt without a permissible purpose, raising significant concerns about the legality of such actions. The violation extends beyond the boundaries of the Fair Debt Collection Practices Act ( FDCPA ). While the FDCPA primarily applies to third-party debt collectors, original creditors, such as [ XXXX XXXX ], must also adhere to other applicable laws and regulations. The Truth in Lending Act ( TILA ), specifically TILA Violation 1026.9, mandates adequate notice of the sale of debt. The absence of such notice constitutes a violation of TILA, compounding the severity of the violation. False and misleading representations regarding the debt directly contravene Section 807 of the FDCPA. This provision explicitly prohibits debt collectors from using false, deceptive, or misleading representations in connection with the collection of any debt. Such practices undermine the rights and protections afforded to consumers under the FDCPA. Additionally, the responsibilities of furnishers of information to consumer reporting agencies, as outlined in 15 U.S.C. 1681s2, place all companies listed on the Identity Theft report in the category of a furnisher. The law expressly prohibits furnishing incorrect or inaccurate information. Specifically, 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ) stipulates that continued reporting of proven inaccurate information constitutes a clear violation of the law. all companies listed on the Identity Theft reports negligent and inaccurate reporting has caused severe harm, infringing upon my rights as governed by these laws. It is imperative that all companies listed on the Identity Theft report comprehends the gravity of its actions and the potential consequences. Ignorance of the law is not an excuse, especially when violating consumer rights. This communication serves as a final opportunity for all companies listed on the Identity Theft report to rectify this situation promptly. Failure to comply will result in legal action being taken against your company for violating my rights and displaying negligence in its practices. In conclusion, the violation of selling a debt without a permissible purpose is a serious matter that infringes upon the rights and protections afforded to consumers. The relevant sections of the United States Code, such as 15 U.S.C. 1692c, 15 U.S.C. 1681b, and 15 U.S.C. 1681s2, provide the legal framework governing these violations. As a creditor, all companies listed on the Identity Theft report must acknowledge its obligations, rectify the inaccurate information on my consumer report, and ensure such violations do not recur. Failure to act accordingly will result in legal consequences for your company. The Emergency Banking Act of 1933 and subsequent proclamations aimed to stabilize the banking system during the Great Depression, but they didn't eliminate money. Instead, they provided mechanisms for the government to regulate and control the flow of money. The concept that there is " no money '' often relates to arguments about the nature of currency and the gold standard. However, it's important to note that the U.S. has transitioned to a XXXX currency system, where money is not directly backed by a physical commodity. Article I, Section 10 of the Constitution does state that no state shall make anything but gold and silver coin a tender in payment of debts. While there have been historical events, such as XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, which required U.S. citizens to turn in their gold coins, these actions were specific responses to economic challenges and a lack of money in the broader sense. After this period, the U.S. transitioned to a XXXX currency system, where money is not backed by a physical commodity like gold. So there can be no obligation on any debt. Consumer Reporting Agencies have assumed a vital role and have a responsibility to report Consumer information to the best of their ability with Maximum Accuracy. I contacted these credit bureaus to investigate remove the Inaccurate and improper account from my consumer report that they are illegally reporting and I requested specifically the alleged original application bearing my signature they have not been able to provide such proof to me. This is a violation of the Fair Credit Reporting Act, and this disputed item may not appear on my credit report if it can not be supported by any evidence or proof. 15 USC section 1692f, 15 usc 1681b, 15 usc 1681 section c. 15 u.s. code 1681 ( a ) states i have a right to privacy which i am govern under these laws. I the good faith creditor also exercises all of my right and i have not and has never given any debt collector acting as a creditor permission to furnish false information on my consumer report. Without Prejudice ignorance of the law is no excuse. Accounts Affected by the Crime listed herein Reservation of rights and without prejudice. 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors ( B ) Reporting information after notice and confirmation of error A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate ; and ( ii ) the information is, in fact, inaccurate. Definitions A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. Duty- Prohibition- the act of prohibiting by authority, an order to restrain or stop, often capitalized a law or regulation forbidding something. Accurate- the honesty agreeing and practicing standards of due diligence. Financial statements are verified for correctness. Refer to precise. Inaccurate- means incorrect or misleading in any matter of fact. FDCPA SECTION 807 IRS PUBLICATION 4681 ( 2022 ) As defined by the IRS even if you didnt receive a form 1099 C you must report canceled debt as gross income on your tax return. As a technical term of the law. duty signifies a thing due ; that which is due from a person ; that which a person owes to another. A moral or legal obligation to do a thing. Such practices undermine the integrity of the debt collection process and contravene the provisions of FDCPA Section 807, which prohibits false, deceptive, or misleading representations. I demand that you cease all false or misleading representations immediately and provide me with evidence of compliance with FDCPA Section 807 requirements or delete this from my consumer file immediately. The IRS clearly defines a charge-off as this account inaccurate. Which in fact makes your reporting of gross or ORDINARY INCOME, INCOME DOES NOT GET REPORTED ON THE ( CONSUMER REPORT ). By definition the IRS clearly says a canceled debt or charge off is income. The reporting off this account as a debt is inaccurate according to the IRS PUBLICATION 4681. Also, if your debt is canceled and the lender must file Form 1099-C, the lender can include the information about the abandonment on that form instead of on Form 1099-A. Which proves all companies Ive listed in the report who reported a charge off to my consumer profile has violated and neglected my rights. Below is a remark that was left by an agent of XXXX XXXX XXXX XXXX . This is also evidence that a charge off is being furnished on my consumer report, which it clearly states in the IRS PUBLICATION that a write off is ordinary income that MUST BE REPORTED ( mandatory ) on a tax return. There The lender must file Form 1099-C and send you a copy if the amount of debt canceled is {$600.00} or more and the lender is a financial institution, credit union , federal government agency, or other applicable entity, as discussed earlier in chapter 1 Under penalty and perjury i the secured party creditor never received a Notice from all debt collectors who had placed a charge off on my consumer report the lender, in fact the lender or any of its agents never sent me a copy of a 1099-C which is considered as a cancellation of debt that was filed as a write off on a tax return according to the IRS Publication. It would be advisable that you and your client assure that your records are in order before I am forced to take legal action. CREDITOR/DEBT COLLECTOR DECLARATION Please provide the following : Agreement with your client that grants you the authority to collect on this alleged debt. Agreement that bears the signature of the alleged debtor wherein he/she agreed to pay the creditor. Any insurance claims been made by any creditor regarding this account. Any Judgments obtained by any creditor regarding this account. Name and address of alleged creditor. Name on file of alleged debtor. Alleged account number. Address on file for alleged debtor. Amount of alleged debt. Date this alleged debt became payable. Date of original charge off or delinquency. Verification that this debt was assigned or sold to collector. Complete accounting of alleged debt. Commission for debt collector if collection efforts are successful. Please provide the name and address of the bonding agent for XXXX in case legal action becomes necessary. Your claim can not and WILL NOT be considered if any portion of the above is not completed and returned with copies of all requested documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please allow 30 days for processing after I receive this information back. It is imperative that [ XXXX XXXX ] comprehends the gravity of its actions and the potential consequences. Ignorance of the law is not an excuse, especially when violating consumer rights. This communication serves as a final opportunity for [ XXXX XXXX ] to rectify this situation promptly. Failure to comply will result in legal action being taken against your company for violating my rights and displaying negligence in its practices. In conclusion, the violation of selling a debt without a permissible purpose is a serious matter that infringes upon the rights and protections afforded to consumers. The relevant sections of the United States Code, such as 15 U.S.C. 1692c, 15 U.S.C. 1681b, and 15 U.S.C. 1681s2, provide the legal framework governing these violations. As a creditor, all companies listed on the Identity Theft report, must acknowledge its obligations, rectify the inaccurate information on my consumer report, and ensure such violations do not recur. Failure to act accordingly will result in legal consequences for your company. Your immediate attention to this matter is not only expected but legally required to avoid severe repercussions. Sincerely, Companys name = all companies herein identity theft report and previous CFPB report I have always been a good faith creditor and I have never authorized the use of my information with any of the companies herein statements in attachment Ignorance of the law is no excuse Without prejudice Not responsible for the public debt obligation The gold repeal act of 1933 The emergency bank act of 1933 HJR 192.

Companys names= all companies names listed herein identity theft report All companies listed have not been authorized to use my information and I the good faith creditor never gave any of these companies permission to used my information.

Cease all contact and remove all information that is hereby not authorized to posses.

Thank in advance

Company response to consumer: Closed with explanation