Consumer complaint received 2024-12-02 00:00:00
Product: Debt collection — Auto debt
Issue: Written notification about debt — Didn't receive enough information to verify debt
Company: Experian Information Solutions Inc.
State: CA

Complaint narrative:
XXXX XXXX XX/XX/XXXX Experian XXXX XXXX XXXX XXXX, TX XXXX Subject : Dispute of Multiple Inaccuracies on My Credit Report For Specific Account RE : XXXX XXXX XXXX XXXX XXXX and Account # XXXX Dear Experian, Please be advised that this is my SECOND REQUEST asking you to remove the unverified account listed below that remains on my credit report in violation of 15 U.S.C. 1681. The first dispute was done online. This time I am disputing in writing. You are required under the FCRA to have properly verified the accuracy of an account listed on my credit report. In the results of your first re-investigation, you stated in writing that you verified that these items are being reported correctly, however there are inaccuracies across all three credit bureaus. Please see below : ERROR # 1 This account is a charge off and should not hold an active balance. Per the FCRA, there should not be a balance when an account is charged off. This balance and information is inaccurate and should be removed from my credit report.

ERROR # 2 The account numbers are inaccurate and inconsistent across the credit bureaus. XXXX has my account number for XXXX XXXX as XXXX,, Experian has my account number as # XXXX This information is inaccurate. Please remove this account from my credit report immediately. 

ERROR # 3 The creditor contact information across all the bureaus is inaccurate. 
XXXX does not have an address or phone number at all. 

ERROR # 4 The High Balance across all three credit bureaus is inaccurate. XXXX shows that I have a high balance of {$60.00}, Experian shows that I have a high balance of {$0.00}. Please see the image below. This is inaccurate and should be removed from my credit report immediately. 

ERROR # 5 The chargeoff dates are inaccurate across all three credit bureaus.

Due to Section 611 ( 5 ) ( A ) of the FCRA that requires you promptly DELETE all information which can not be verified, I am also requesting the following additional information, in writing, from Experian : Please provide documentation on what you used to verify this account. 
Please provide the person in your company who verified this account, along with their business address, and telephone number. 

As I am sure that you are well aware, current Federal case law states that Consumer Reporting Agencies bear grave responsibilities to ensure the accuracy of the accounts they report on and their responsibility must consist of something more than merely parroting information received from other sources. The Courts have also ordered that a Reinvestigation that merely shifts the burden back to the consumer and the credit grantor can not fulfill the obligations imposed by 1681 ( a ) ( 4 ).

Blacks Law Dictionary, 9th Edition, 2009, defines Verify as, 1 ) " To prove to be true ; to confirm or establish the truth or truthfulness of ; to authenticate. '' 2 ) to confirm or substantiate by oath or affidavit ; to swear to the truth of. '' and Verification as, Confirmation of correctness, truth or authenticity, by affidavit, oath, or deposition. Affidavit of truth of a matter stated and object of verification is to assure good faith in averments or statements of a party.

What this means is that your company must be willing and able to produce a document in your files that proves the account ( s ) in dispute belong to me and the information being reported is accurate and you must be able to do this in a court of law if I file a lawsuit against you. Someone in your company must authenticate the documents in your files that were used to verify the disputed accounts and to do this they must have 1st hand knowledge of the alleged account ( s ) and all that has ever transpired for the alleged account ( s ), under oath and under the penalty of perjury.

The law is very clear as to the Civil liability and the remedy available to me for negligent noncompliance ( Section 617 ) if you fail to comply with this Federal Law. I am a litigious consumer and fully intend on pursuing litigation in this matter to enforce my rights under the FCRA. I demand the following accounts be verified or deleted immediately.

Please complete your investigation and respond to me within 30 days, as required by the FCRA. If I do not receive a satisfactory resolution, I may escalate this by considering legal options.

Thank you for your attention to this matter. I look forward to your prompt response. 

Sincerely, XXXX XXXX

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