Consumer complaint received 2025-06-10 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: EQUIFAX, INC.
State: KY

Complaint narrative:
Intent to Sue Letter to XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX  XXXX Date : XXXX XXXX XXXXXX/XX/year> To : XXXX XXXX XXXX XXXX Attn : XXXX XXXX XXXX Senior Officer, Charge of Securitization Subject : Intent to Sue for Contractual Breaches, Fraud, and Violations of Consumer Protection Laws Dear XXXX XXXX XXXX, I, XXXX XXXX XXXX, hereby notify XXXX XXXX XXXX XXXX ( XXXX ) of my Intent to Sue for violations relating to my auto loan contract and associated securitization practices. This letter serves as formal notice prior to pursuing all available legal remedies under applicable contract law, the Uniform Commercial Code ( UCC ), and federal consumer protection laws. 

Background and Issues Fraud and Willful Non-Compliance Regarding Contract Documentation Despite my repeated requests, XXXX has failed to provide the original, wet-ink signed contract, instead only furnishing a purported copy. This constitutes willful non-compliance and fraudulent misrepresentation, violating my rights under UCC 1-201 ( b ) ( 20 ) which defines good faith and prohibits deceptive practices. Proper documentation is required to enforce any secured interest under UCC Article 9. 

Failure to Inform of Right to Rescind XXXX own correspondence acknowledges my right to rescind the contract, but states : We must therefore decline her request to rescind her Contract or delete our reporting of the account with the CRAs. 

This refusal is unlawful under the Truth in Lending Act ( TILA ), 15 U.S.C. 1635, which guarantees consumers a right to rescind certain contracts within a defined period. The failure to properly inform me of this right renders the contract voidable and subjects XXXX to liability for failing to honor rescission requests. 

Improper Issuance and Refusal of 1099-C Form XXXX stated : We are not legally obligated to send her a Copy B of the 1099-C.

This refusal to provide proper tax documentation contravenes IRS regulations and hinders my ability to verify and dispute any claimed debt forgiveness, potentially implicating XXXX in fraudulent reporting. 

Security Interest Issues EXHIBIT B XXXX acknowledge in CFPB COMPLAINT CORRESPONDENCE : A security interest in the vehicle was granted to XXXX XXXX XXXX XXXX as part of the Contract. 

However, the contracts validity is questionable due to the above defects. Under UCC Article 9, a security interest can not be properly perfected or enforced without a valid, enforceable security agreement and full compliance with disclosure requirements. 

Securitization and Third-Party Interests XXXX has engaged in securitization of my loan via asset-backed securities ( ABS ), as overseen by you, XXXX XXXX XXXX, Senior Officer , Charge of Securitization. However, I was never informed or given consent regarding this transfer or assignment of my contract rights, which raises serious concerns under UCC 9-406 and 9-408 about proper notice and debtor protections.

Violations of the Fair Credit Reporting Act ( FCRA ) Flagship has continued to report this inaccurate, disputed account to the Consumer Reporting Agencies ( Equifax, XXXX XXXX ), despite my disputes and lack of proper verification or original documentation. This violates FCRA 1681i and 1681s-2, which require accurate reporting, investigation of disputes, and correction or deletion of inaccurate information.

Violations of the Fair Debt Collection Practices Act ( FDCPA ) XXXX refusal to honor my rescission and failure to validate the debt amount, combined with continued collection attempts and adverse credit reporting, constitute violations of the FDCPA, 15 U.S.C. 1692 et seq., including but not limited to false, deceptive, and unfair debt collection practices. 

Legal Grounds for Action Breach of Contract Failure to provide original contract, refusal to rescind, and noncompliance with contractual and statutory obligations.

Fraud and Misrepresentation Willful withholding of key contractual documents and refusal to provide required disclosures.

Violation of Truth in Lending Act ( TILA ), 15 U.S.C. 1635 Denial of the right to rescind. 

Violation of Uniform Commercial Code ( UCC ) Article 9 Improper perfection and enforcement of security interest without valid documentation. 

Violation of Fair Credit Reporting Act ( FCRA ) Inaccurate and unverifiable reporting ; failure to investigate and correct disputed information. 

Violation of Fair Debt Collection Practices Act ( FDCPA ) Deceptive and unfair debt collection conduct. 

Violation of IRS Tax Regulations Failure to provide proper tax documentation.

Violation of Consumer Protection Laws Deceptive practices and unfair treatment of consumer rights. 

Demand for Redress and Remedy I have exhausted all administrative remedies and now seek judicial relief, including : Full rescission of the alleged contract.

Immediate removal of all related tradelines from credit bureaus. 

Restitution of any financial harm caused. 

Referral to the Federal Trade Commission ( FTC ), Consumer Financial Protection Bureau ( CFPB ), and Securities and Exchange Commission ( SEC ) for further investigation. 

Civil penalties for fraud, deceptive trade practices, and willful non-compliance. 

Confirm in writing your compliance with all the above demands within 30 calendar days. 

Failure to comply with these demands will result in my pursuing all available legal remedies, including filing complaints with the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), the Securities and Exchange Commission ( SEC ), state attorney general offices, and initiating litigation for breach of contract, fraud, and statutory violations. 

Reservation of Rights This letter is written without prejudice to any rights or remedies I may have at law or equity, all of which are expressly reserved. 

Respectfully, XXXX XXXX XXXX Authorized Representative Natural Person, In Propria Persona, Sui Juris All Rights Reserved, Without Prejudice U.C.C. 1-103, 1-207, 1-308

Company response to consumer: Closed with explanation