Consumer complaint received 2024-12-19 00:00:00
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt is not yours
Company: General Motors Financial Company, Inc.
State: NY

Complaint narrative:
HELLO MY NAME IS XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ] Account Reported to : [ XXXX XXXX  ] Notice to agent is notice to principal, and notice to principal is notice to agent. RE : 15 U.S. Code 1681 Congressional Findings and Purpose** ( a ) Accuracy and fairness of credit reporting. Congress has found that : ( 1 ) The banking system depends on accurate and fair credit reporting. Inaccurate reports impair the system 's efficiency, and unfair credit reporting undermines public confidence, which is vital to the banking systems function. After reviewing my consumer reports from XXXX, XXXX, and XXXX, I discovered that you have reported this account as both a *charge-off* and *collection. Please note that a debt can not be both a charge-off and a collection simultaneously. A charge-off refers to a debt that has been written off, and the creditor must issue a **Form 1099-C* to the consumer for any canceled debt. How can you legally continue to collect on a debt that has been *canceled? Collecting on a charged-off debt constitutes **tax fraud, and I will be filing a **Form 3949-A* with the IRS. Charge-Off Definition : A charge-off is the write-off of a debt by a creditor without discharging the liability. While it is removed from the creditors books, the debt may still be pursued for payment. Write-Off and Cancellation of Debt : A write-off is a cancellation of debt from the creditors records, but if the debtor is pursued for the written-off amount, it may be construed as evidence of the debts discharge. More details on canceled debt can be found [ here ] XXXX XXXX XXXX XXXX XXXX Tax Impact of Canceled Debt : Under IRS rules, canceled debt is generally considered taxable income. If canceled debt exceeds {$600.00}, the creditor must issue a *1099-C* form to the consumer, reflecting the canceled amount. It is crucial that this debt is not reported to any consumer reporting agency. You ( Creditors Name ) have erroneously reported this account as both a charge-off and a collection, violating the *Fair Credit Reporting Act* ( FCRA ), specifically *15 U.S. Code 1681. FCRA Violation : Reporting Inaccurate Information Under **15 U.S. Code 1681e ( b ), any consumer reporting agency must take reasonable steps to ensure the accuracy of the information reported. Your reporting of this debt is incorrect, and such inaccurate information damages my creditworthiness, credit standing, and overall reputation. As a furnisher of information, you are legally required to provide accurate details to credit reporting agencies under **15 U.S. Code 1681s-2. Furnishers Duty Under the FCRA : Under **15 U.S. Code 1681s-2 ( B ), once you have been notified of the inaccuracy, you must correct or delete the information. The IRS defines a charge-off as canceled debt, and therefore, this debt should not be reported to the consumer reporting agencies. Request for Immediate Deletion : I hereby demand the deletion of the following account from my consumer reports : [ GMFNANCIAL ] ACCOUNT XXXX If this violation is not rectified within **15 calendar days* of receipt of this notice, I will pursue legal action under *15 U.S. Code 1681n*, which allows for actual damages, punitive damages, and legal fees for willful noncompliance. Please be clear : I am not asking for verification or validation of this account. I expect the deletion of the inaccurate information. Any response other than deletion of this account will result in further legal action. 
Yours truly, XXXX XXXX Without Recourse All Rights Reserved, XXXX

Company response to consumer: Closed with explanation