Consumer complaint received 2025-05-13 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: TX

Complaint narrative:
Subject : Formal Rebuttal to XX/XX/XXXX XXXX XXXX Response Dear CFPB XXXX, This letter serves as a formal rebuttal to XXXX XXXX response dated XX/XX/XXXX, regarding my previously filed complaint. XXXX XXXX continues to misrepresent and omit critical information related to the unlawful repossession, inadequate notice, and inaccurate credit reporting tied to this account. Below are my specific objections and clarifications : XXXX. Breach of the Peace Unlawful Repossession XXXX XXXX claim that the repossession agent lawfully recovered my vehicle is unsubstantiated. The vehicle was located inside a secured, restricted-access garage at my apartment complex ( XXXX XXXX XXXX XXXX XXXX, XXXX, XXXX  XXXX XXXX. No written consent was granted, and no court order was presented. Under Texas Penal Code 30.05, unauthorized entry into private property constitutes criminal trespass and nullifies the legality of any repossession. 

I have photographic evidence and building access logs to support that the vehicle was not publicly accessible at the time. 

XXXX. Improper Notice Violation of UCC 9-611 and Texas XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Notice of Intent to Sell was mailed on XX/XX/XXXX, one day after the vehicle was already repossessed ( XX/XX/XXXX ). This fails to meet the statutory requirement of providing advance notice of disposition under UCC 9-611. Additionally, all notices were sent to XXXX XXXX XXXX, XXXXXXXX XXXX where I had not lived for months. My correct mailing and physical address was the vehicle location itself : XXXX XXXX XXXX XXXX XXXX. The failure to deliver legal notices to my known address invalidates the repossession process and any subsequent deficiency balance under Texas law. 

XXXX. Deficiency Balance Fabrication The so-called Deficiency Balance Adjustment of {$27000.00} was logged prior to the vehicles sale. This artificial reductionbefore the car was sold at private sale on XX/XX/XXXX, XXXXindicates that XXXX XXXX predetermined a balance without actual sale evidence, a violation of UCC 9-615. There is still no bill of sale, auction detail, or buyer verification. 

The claim that additional sale documentation can not be provided due to privacy concerns is misleading. Under the FCRA and UCC, a debtor is entitled to proof of sale and reasonable sale effort. 

XXXX. Inaccurate Credit Reporting FCRA Violation XXXX XXXX is reporting the tradeline as a charge-off with a balance of {$19000.00}. This balance includes : - A potentially illegal repossession - An unverified private sale - Dubious application of GAP refund - Fees with no supporting receipts Under the Fair Credit Reporting Act ( FCRA ) 15 U.S.C. 1681s-2 ( b ), they must reinvestigate disputed items, provide documentation substantiating their report, and correct or delete inaccurate, unverifiable, or incomplete tradelines. 

XXXX. Failure to Remedy After Multiple Disputes Despite multiple formal disputes with the creditor and three CFPB filings, XXXX XXXX has ignored evidence regarding breach of the peace, dismissed the mailing address discrepancy, failed to document sale legality, and provided conflicting GAP refund timelines and amounts. 

REQUEST FOR RELIEF : - CFPB intervention to compel XXXX XXXX to provide : Proof of lawful repossession ( entry log, consent, or court order ) Proof of advance sale notice Sale verification ( buyer, price basis, invoice ) - Correction or deletion of the inaccurate tradeline - Sanctions or referral for compliance violation if XXXX XXXX can not comply If no resolution is achieved, I will escalate this matter through civil litigation, including damages for wrongful repossession and inaccurate credit reporting under the FCRA. 

Thank you for your time and continued oversight. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with non-monetary relief