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: Experian Information Solutions 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. 

XXXX. I am the undersigned affiant, over the age of XXXX ( XXXX ), and competent to testify to the matters herein. 
XXXX. I am the subject of a credit report dated XX/XX/XXXX, issued by myFICO, which includes a tradeline from XXXX XXXX XXXX XXXX account number ending in XXXX. 
XXXX. The last date of activity on the aforementioned account was prior to todays date in XXXX. Based on this date, the statute of limitations for the collection of this debt has expired under both California and Florida law. 
XXXX. XXXX XXXX XXXX has reported this account as charged off to the credit bureaus and identified it as a loss. However, to date, no IRS Form XXXX has been issued to me in connection with this account. 
XXXX. Any such charge-off claimed for tax purposes, while simultaneously continuing to report the debt as collectible, is potentially fraudulent under federal tax law. 
XXXX. Upon information and belief, the original contract associated with this debt was altered after I signed it. No notification of such alteration was provided to me, nor did I authorize or countersign any changes. A police report detailing this was filed and has been previously provided to XXXX XXXX The police report number is XXXX filed XX/XX/XXXX and is attached. This alteration was also confirmed by XXXX XXXX XXXX in a letter dated XX/XX/XXXX yet continues to report. 
XXXX. I have previously issued a cease-and-desist notice to XXXX XXXX XXXX regarding this matter . Despite this, they have continued to furnish negative data to XXXX XXXX  and Experian in violation of my rights. 

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 XXXX XXXX XXXX XXXXXXXX, 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 , JXXXX 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 XXXX Experian, and XXXXXXXX ; - 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.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation