Consumer complaint received 2025-03-09 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: EQUIFAX, INC.
State: GA

Complaint narrative:
I am writing to formally file a complaint against XXXX XXXX XXXX regarding the repossession of my vehicle, which I believe was conducted in violation of both state and federal laws, as well as the Uniform Commercial Code ( UCC ) 9-616. 

Background Information : Vehicle Make and Model : XXXX XXXX Account Number : XXXX Date of Repossession : XX/XX/year> According to UCC 9-616, a secured party is required to send a written notification to the borrower after the sale or disposal of collateral ( in this case, my vehicle ). This notification must include : XXXX. The amount for which the collateral was sold. 
XXXX. An explanation of how the deficiency balance was calculated. 
XXXX. A statement of any surplus or remaining balance owed. 
I never received any such notification detailing the sale of my vehicle or an explanation of how the deficiency balance was determined. This failure to provide the required notice leads me to believe that either : No attempt was made to comply with the requirements of UCC 9-616, or The sale was conducted improperly and without transparency.

Under UCC 9-616, if the secured party does not send proper notice, they forfeit the right to collect any deficiency balance. As a result, any attempt to collect or report a deficiency balance to credit bureaus is unlawful.

In addition to the violation of UCC 9-616, the repossession of my vehicle appears to have been conducted in violation of state and federal laws regulating : Fair Debt Collection Practices Act ( FDCPA ) which prohibits misleading or unfair practices in debt collection.

State-specific repossession laws which may require additional notices or procedures that were not followed.

Since the dealership failed to send proper notice, they are not legally entitled to the deficiency balance. This also makes the reported repossession null and void, constituting an illegal repossession. 
I respectfully request that XXXX XXXX XXXX take the following actions immediately : XXXX. Cease all collection efforts related to the alleged deficiency balance. 
XXXX. Withdraw any negative reports submitted to credit bureaus regarding the repossession and deficiency balance. 
XXXX. Provide a written explanation of the actions taken in response to this complaint. 
XXXX. Compensate for any damages resulting from this unlawful repossession and negative reporting. 
If I do not receive a satisfactory response within XXXX business days, I will have no choice but to escalate this matter by : Filing a complaint with the Consumer Financial Protection Bureau ( CFPB ). 
Reporting this violation to my state Attorney Generals office. 
Seeking legal remedies, including potential litigation for damages and removal of negative credit reporting. 

I hope to resolve this matter promptly and amicably. Please contact me at your earliest convenience. 
Thank you for your immediate attention to this serious matter.

Company response to consumer: Closed with explanation