Consumer complaint received 2024-12-08 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Investigation took more than 30 days
Company: Byrider Franchising, LLC
State: MS

Complaint narrative:
I am writing to formally request a 1099-C form ( Cancellation of Debt ) related to the account associated with [ Account Number- XXXX ] that is currently being reported on my credit report. If this debt has been forgiven, canceled, or settled for less than the full balance, the IRS 1099-C form is required to be filed under 26 U.S.C. 6050P if the amount of canceled debt exceeds {$600.00}.

In addition to the 1099-C form, I am disputing the accuracy of the debt and requesting verification in compliance with the Fair Credit Reporting Act ( FCRA ), specifically 15 U.S.C. 1681i ( Reinvestigation of Disputed Information ), and 15 U.S.C. 1681s-2 ( Responsibilities of Furnishers of Information ) . I am entitled to request and receive complete documentation to verify the accuracy and legality of this account 's reporting, and I am invoking my rights under [ Mississippi ] law to receive proper validation of this debt.

Written Communication Only : Please be advised that I am requesting written communication only regarding this matter.

I do not wish to receive any phone calls or other forms of communication. Any correspondence should be directed to the address listed above. This request is made pursuant to my right under 15 U.S.C. 1692c ( c ) of the Fair Debt Collection Practices Act ( FDCPA ), which entitles me to request that all communication from you be in writing.

Requests for Documentation : 1. 1099-C Form : 2. If the debt has been discharged, forgiven, or settled for less than the full amount, I request that you provide a copy of the 1099-C form filed with the IRS. This form is required when the forgiven amount exceeds {$600.00}. If you have not filed this form, or if you can not provide it, I will assume that the debt has been discharged and should no longer be reported as owed on my credit report. Failure to file the 1099-C may constitute fraudulent reporting of the debt.

3. Authenticated Double Entry Accounting Records : In addition to the 1099-C, I am requesting full double-entry accounting records for the account in question. This should include a detailed breakdown that shows all transactions, including the original balance, payments, interest, fees, and any other adjustments made to the account. Please ensure that the records comply with standard accounting practices, and provide authenticated evidence of the debt, rather than a simple list of charges or account statements. The court ruling in Chaudhry v. Gallerizzo, 174 F.3d 394 ( 4th Cir.

1999 ), states that debt collectors must provide verified and authenticated documentation, not merely conclusory statements.

4. Proof of Legal Right to Report and Collect the Debt : I also request authenticated evidence, in compliance with [ Your State ] law, that you have the legal right to report and collect this debt. This should include the original signed contract or agreement showing my obligation to pay the debt and your legal right to enforce collection and report it to the credit bureaus. In Spears v. Brennan, 745 N.E.2d 862 ( Ind.

Ct. App. 2001 ), the court held that creditors must provide original signed documentation to prove the validity of a debt. Failure to provide this evidence could result in violations of both state and federal consumer protection laws.

Request for Deletion if Evidence is Not Provided : If you are unable to provide the requested documentation or proof of the debt, I request that you immediately delete this account from my credit report in compliance with 15 U.S.C. 1681i and 15 U.S.C. 1681s-2. Under these provisions, you are required to investigate and correct any inaccuracies in the information you report to consumer reporting agencies. 
Failure to respond to this request, or failure to provide the required documentation, will compel me to take further action.

Company response to consumer: Closed with explanation