Consumer complaint received 2024-11-07 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: Experian Information Solutions Inc.
State: GA

Complaint narrative:
Date : XX/XX/XXXX Name : XXXX XXXX XXXX : XXXX XXXX XXXX XXXX, XXXX, GA XXXX : XXXX Number : XXXX : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, AZ XXXX Dear, XXXX XXXX and Customer Service Team I am writing to express serious concerns regarding an auto loan account number XXXX, sale of a XXXX XXXX XXXX XXXX, XXXX number XXXX was issued under my name, which I believe was processed through deceptive practices without my full consent or understanding of the obligations imposed on me. 


In XX/XX/XXXX, a sales representative XXXX XXXX XXXX from XXXX XXXX XXXX XXXX XXXX, located on XXXX XXXX XXXX XXXX, XXXXXXXX XXXX XXXX  XXXX, who suggested that I could assist a friend 's girlfriend XXXX XXXX XXXX XXXX XXXX XXXX a vehicle by merely providing my identification at a nearby branch in a XXXX location XXXX This suggestion was made under the assurance that the loan would be transferred to the actual borrower, XXXX XXXX XXXX XXXX XXXX within XXXX weeks, effectively releasing me from any obligations thereafter. 

At the time, I was unaware of the gravity of this situation and the legal implications it entailed. I was led to believe that my role was merely to assist in a clerical error or qualification hurdle due to XXXX XXXX XXXX XXXX XXXX status. I was assured that this loan would be transferred to her within XXXX weeks, absolving me of any responsibility. Unfortunately, I was not fully informed of the legal implications nor was I provided with any contract, deficiency, or redemption notice until today XX/XX/XXXX. This lack of communication continued throughout, depriving me of updates on the loan status or the vehicle 's condition. After carefully revising the requested documents I notice that the Deficiency notice was sent out to XXXX XXXX address XXXX XXXX XXXX, XXXX, GA XXXX on XXXX XXXX / XXXX. This can be seen on the attached documents below. 


According to UCC 9-611 and Georgia Code 10-1-36, I should have been notified prior to any disposition of collateral, which I never received. This omission not only violates legal statutes but also underscores the deceptive nature of the initial agreement. Specifically, Georgia Code 10-1-36 mandates that a creditor must send a redemption notice within 10 days of repossessing a vehicle, detailing the total amount owed, how to redeem the vehicle, and advising the buyer of their rights, including the right to demand a public sale. The failure to comply with these requirements can be a clear breach. The Notice of Disposition and the plan to sell the vehicle was sent to the wrong address as well.

Moreover, in line with consumer protection laws specific to redemption notices post-vehicle repossession, it is mandated that lenders provide a clear and detailed notice of redemption rights. This notice should outline the debtor 's right to reclaim the repossessed vehicle by paying the full balance due, including any applicable fees like storage, legal costs, and late charges, before the vehicle is auctioned. To my knowledge after reviewing these documents I noticed that this event happened 3 years ago. 

I should have been notified before any disposition of collateral, which would have allowed me the option to address the matter directly or even forfeit the right to collect the debt under certain circumstances. The failure to provide such notification is not only a violation of statutory requirements but also further evidence of the deceptive practices employed at the time of the loan 's origination. 

The required details in such a notice include : * The Total Amount Necessary to Redeem the Vehicle : This includes not only the remaining loan balance but also any additional costs accrued due to repossession. 
* Deadline for Redemption : A clear communication of the deadline by which the full payment must be made to avoid the sale of the vehicle. 
* Procedure for Redemption : Detailed instructions on how to proceed with the payment and recovery of the vehicle. 


Given the lack of proper notification in our case, including the absence of a detailed redemption notice as required under Georgia Code 48-4-45, I strongly urge a review and rectification of this oversight. This law specifies that the right to redeem a vehicle is foreclosed if the creditor complies with required legal steps, which were not followed in my case. 


I request a thorough investigation into this matter, correction of associated records, and that my obligations under this loan be nullified in accordance with the original assurances provided to me. Please consider this letter a formal complaint, and I expect a comprehensive response. I am prepared to pursue further legal action if this issue remains unresolved to my satisfaction. 


Thank you for your immediate attention to this critical matter. I look forward to your prompt response. 


Please ensure that all proceedings henceforth strictly adhere to state and federal consumer protection laws to prevent further infringement of consumer rights. 

Sincerely, XXXX XXXX XXXX

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation