Consumer complaint received 2025-01-11 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account status incorrect
Company: Experian Information Solutions Inc.
State: AL

Complaint narrative:
Subject : Complaint Regarding Fraudulent Misrepresentation, Unlawful Practices, and Violation of Consumer Rights by XXXX XXXX XXXX ( Consumer Credit Sales ) Dear Experian, I am submitting this complaint for the SECOND time regarding serious violations of consumer protection laws by XXXX XXXX XXXX ( hereinafter " XXXX XXXX '' ). The issues involve fraudulent misrepresentation, unlawful reporting to credit bureaus, and the threat of repossession despite the lack of a lawful debt or credit agreement. This was a consumer credit sale as I have told you several times before. Below, I outline the key points of my complaint : XXXX. Fraudulent Misrepresentation and XXXX XXXX XXXX XXXX XXXX XXXX and XXXX XXXX misrepresented the nature of the transaction. I entered into a consumer credit sale, yet XXXX XXXX falsely positioned itself as a creditor. There was no extension of lawful credit, and the financial obligation was fulfilled by my initial promissory note, which constituted a guaranteed payment. The dealership and XXXX XXXX failed to disclose that no actual loan or credit was provided, violating my rights under 15 U.S.C. 1601 ( Truth in Lending Act ).

2. Demand for Adequate Assurance of Performance Under UCC 2-609 Under UCC 2-609 , I demand adequate assurance of performance. Specifically, XXXX XXXX must provide : A copy of the original check or payment instrument proving XXXX XXXX as the payor and myself as the payee. 
Documentation of any lawful extension of credit. 
Proof of compliance with TILA and other applicable laws. 
XXXX. Improper Reporting to Credit Bureaus When I requested the title to my vehicle in XX/XX/XXXX, XXXX XXXX falsely reported that I was 160 days delinquent on the account. Prior to my inquiry, there was no negative reporting on my credit. This retaliatory act constitutes a violation of the Fair Credit Reporting Act ( FCRA ) and has caused significant harm to my credit score and reputation.

4. Unlawful Repossession Threat On XX/XX/XXXX, I received a billing statement from XXXX XXXX alleging a balance of {$4100.00} and threatening repossession if payment was not made. This threat is baseless, as the vehicle was paid off in full through the initial promissory note. XXXX XXXX has no lawful interest or right to repossess my property. 
5. Violations of Insurance and Down Payment Regulations XXXX XXXX coerced me into providing a {$1000.00} down payment, despite the transaction being completed with the promissory note. Additionally, I was charged for GAP insurance without proof of licensing to provide such services. The finance officer, XXXX XXXX, improperly signed and notarized the agreement, a clear conflict of interest and violation of state notary laws.

6. Harm and Damages These unlawful actions have caused me significant harm, including : Financial losses totaling approximately {$40000.00} in payments since XX/XX/XXXX. 
Emotional distress. 
Damage to my creditworthiness and increased insurance costs due to inaccurate reporting. 
XXXX. Supreme Court Interpretation of Interest The Supreme Court has clarified the definition of interest, holding that interest is a payment made for the privilege of using another 's money ( XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX [ XXXX ] ). Furthermore, in XXXX XXXX XXXX XXXX XXXX XXXX, the court held that lending credit is the exact opposite of lending money, emphasizing that banks can not lawfully extend credit as a debt obligation without a lawful source of funding. These principles support my claim that XXXX XXXX has no lawful interest in the alleged debt.

Relief Sought : I request the following resolutions : Immediate removal of all inaccurate credit reporting.

Full refund of all payments made toward the alleged debt, including down payment and GAP insurance.

Compensation for emotional distress and harm to my credit.

Proof of compliance with all applicable consumer protection laws. 
Failure to resolve this matter will result in further legal action, including filing a formal lawsuit to recover damages and expose these violations. 
Thank you for your attention to this serious matter. I look forward to your prompt response.

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