Consumer complaint received 2025-05-23 00:00:00
Product: Debt collection — Private student loan debt
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: EQUIFAX, INC.
State: FL

Complaint narrative:
DISCLAIMER : This correspondence waives no rights afforded to me under any applicable federal or state laws. Nothing contained herein shall be construed as an admission of liability or indebtedness. 

NOTICE OF FORMAL DISPUTE & DEMAND FOR REMEDY Date : XX/XX/XXXX To : XXXXXXXX XXXX XXXX Address : XXXX XXXX, XXXX. XXXX XXXX, XXXX, DE XXXX Via : XXXX XXXX Mail w/ Return Receipt Subject : Formal Dispute of Inaccurate and Unlawful Credit Reporting and Demand for Immediate Remedy Dear XXXX XXXXXXXX XXXX  XXXX I , XXXX XXXX, am writing to formally dispute the validity and legal status of certain information furnished and/or reported by your institution in connection with the following account : Creditor/Furnisher : XXXX XXXXXXXX XXXX  Account Number : Ending in XXXX Date Opened/Reported : XX/XX/XXXX Credit Report : FICO 3-Bureau Report Report Date : XX/XX/XXXX Report ID : XXXX I. VIOLATIONS AND UNLAWFUL ACTIVITY Expired Statute of Limitations The alleged debt is time-barred under applicable state statutes of limitations. The last verified activity occurred in XXXX. Under Florida Statutes 95.11, the statute of limitations on written contracts is five ( 5 ) years. Any attempt to claim legal collectibility must be substantiated with valid and indisputable proof of payment or reaffirmation made by me. 
False Reporting of Payment Activity XXXX XXXX has reported that a payment was made on this account in XXXX. This is categorically false. I demand indisputable proof that such a payment occurred. For the alleged payment to reset the statute of limitations or affect reporting, you must provide all of the following : 1. Full transactional record showing the payment amount, date, and method of payment ; 2. Proof that the payment was processed and accepted by XXXX XXXX ; 3. Documentary evidence linking the source of funds directly to XXXX XXXX, including : - A copy of the check or electronic funds transfer record ; - A copy of the bank statement or financial institution record showing the debit from an account owned by XXXX XXXX ; - Corresponding communications, if any, verifying authorization by XXXX XXXX ; - Confirmation that the payment was not returned, rejected, reversed, or disputed. 

Absent this documentation, continued reporting based on this unverified payment constitutes willful misrepresentation and potential fraud under 18 U.S.C. 1001.

Improper Tax Classification and Potential IRS Fraud If this debt was charged off and used as a tax deduction, an IRS Form 1099-C must have been issue
d. I demand a copy of such form, if it exists. Failure to provide it while continuing to collect may constitute a violation of 26 U.S.C. 7206 and IRS Notice 2016-08.

Failure to Cease & Desist A prior cease and desist instruction was issued. Any continued furnishing of derogatory tradelines constitutes unlawful communication under FDCPA 1692c ( c ), FCRA 1681s-2 ( b ), and Florida Statutes 559.72.

II. FORMAL DEMAND FOR DOCUMENTATION To validate your legal position, please produce the following documents within 15 calendar days of receipt of this letter : - Original signed promissory note or agreement bearing my wet signature.

- Complete transactional history of the account including all payment records since inception.

- Detailed documentation of the alleged XXXX payment with verification as outlined above. 
- IRS Form 1099-C, if applicable.

- Chain of title and collection rights documentation.

- Written response confirming the deletion of this account from all credit bureaus.

III. DEMAND FOR REMEDY Given the legal violations and lack of substantiation, I hereby demand : - Permanent deletion of all tradelines associated with this account from Equifax, XX/XX/XXXXand XX/XX/XXXX Cessation of all collection activities ; - Written confirmation that no third-party has claim or access to this account ; - Immediate compliance with state and federal privacy and consumer protection laws. 
IV. NOTICE OF LEGAL LIABILITY Failure to respond in good faith will result in formal complaints to the following : - Consumer Financial Protection Bureau ( CFPB ) ; - Internal Revenue Service ( IRS ) ; - Florida Office of Financial Regulation ; - Civil litigation for violations of the FCRA ( 15 U.S.C. 1681n ), FDCPA ( 1692k ), and Florida Consumer Collection Practices Act ( 559.77 ). 

AFFIDAVIT OF XXXX XXXX XXXX OF XXXX XXXX OF XXXX XXXX XXXX XXXX XXXX XXXX being duly sworn, depose and state as follows : 1. I am the undersigned affiant, over the age of XXXX ( XXXX ), and competent to testify to the matters stated herein. 
2. I am the subject of a credit report dated XX/XX/XXXX, issued by myFICO, which includes a tradeline from XXXX XX/XX/XXXX showing derogatory information. 
3. The account in question is associated with account number ending in XXXX, reportedly opened in XX/XX/XXXX. 
4. XXXX XXXX has reported that a payment was made on this account in XXXX. I affirm that I did not make any such payment, nor did I authorize any such transaction by another party. 
5. To date, I have not received any valid documentation from XXXX XXXX proving that a payment was made in XXXX by me, XXXX XXXX, or from any financial account owned or controlled by me. 
6. XXXX XXXX has continued to furnish monthly updates on this charged-off account in a manner that appears intended to suppress my credit score and give the false impression of ongoing account activity. 
7. This pattern of behavior appears calculated to mislead credit scoring models and financial institutions, and may amount to a willful violation of consumer protection laws and a deliberate effort to reset the statute of limitations.

8. I have never received a copy of a 1099-C or been informed of any tax-related write-off associated with this account.

9. I previously submitted a cease and desist request to XXXX XXXX. Despite that request, XXXX XXXX has continued to communicate derogatory credit data to reporting agencies.

Company response to consumer: Closed with non-monetary relief