Consumer complaint received 2024-05-08 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Problem with personal statement of dispute
Company: Experian Information Solutions Inc.
State: NM

Complaint narrative:
I XXXX XXXX contacted XXXX, Experian, to make aware that the negative mark on my credit report is not accurate and that it shouldn't be on my report. Without accurate confirmation in document form with names date 's and signatures, actions, being taken on agreement with certified approval. No contract from LENDER ( XXXX XXXX XXXX. ) Already approved, and deleted from my credit report as not my account, XXXX XXXX XXXX XXXX now a negative mark on my credit report is not to be reporting on XXXX XXXX 's behalf pursuing that that was already proved not mine attempting to collections from XXXX XXXX XXXX XXXX speaking to me on the phone, refusing to supply me with adequate ample documentation of proof stating ( XXXX  XXXX ) was authorized to take action without proper documentation therefore meaning that this is not mine. XXXX XXXX XXXX refuse to supply documentation, supporting the account was mine, and continued to report to the credit reporting agency 's all three, making all three of my credit reports inaccurate fraudulent. How they obtained the permission to sell transfer write off closed is a breach of contract which has already been established and deleted from prior disputes therefore they are attacking me depriving me of my credit depriving me of my liberties most importantly depriving me in my financial abilities deeming me helpless not having any credit and suffering emotional, Financial struggles for far too long even though I attempted to explain to the XXXX credit reporting agency and dispute this on fotheir online portal I also called after finding out that the dispute I made that they're finding of the dispute investigation resulted in me being the owner of the account that being said I also requested the proof of to why they say that I am the owner of that account and was denied knowing my rights I explained to the customer service agent of XXXX reporting agency the laws the statutes and this codes as well as the subsections regardless of what I said the representative continue to argue with me and to explain to me that when somebody reports to them than they put it on the report. That being said I explained to them so that anyone could just call if they own a business and say someone's name and say that they are in default that they will just put it as a negative and Mark points off of that person 's report without ample proof or documentation he continue to argue with me and explain to me that they're just a reporting agency I said well as a reporting agency by thier policies and procedures. upon the investigations if requested by the consumer all and any thing that's reported on the consumers report the consumer has the right to request that by phone or by mail without documentation required, he continued to argue with me and not help me in any way only arguing to say that is this mine have I ever done business with them literally interrogating me as if he was the police or a detective saying they prove that it's my account is mine and will not do anything but to dispute it again. 
I've been dealing with these credit issues for over overextended amount of time knowing my rights knowing that they have to follow codes and procedures as well as I do that they are supposed to take ample and adequate reaction to resolve the issue due to the fact of the credit being involved and my well-being being harmed to damages to my vessel and my financial is totally collapsed going on an 11-month period the harming of overall life has been the most difficult thing someone can go through Communications in Connection with Debt Collection Definition of Consume12 U.S.C. 1813 ( q ) .12 CFR 32.2 32.5. 

To whom which is in Default : XXXX XXXX in the case of default due process was not established nor did any provision of any principal or interest has not been approved by protection providers. All Parties in New contract also was not approved ederal banking agency determines that a renewal or restructuring was undertaken ( f ) if the derivativecontractrequires the protection purchaser to transfer an exposure to the protection provider at settlement, the terms of at least one of the exposures that is permitted to be transferred under thecontractprovide that any required consent to transfer may not be unreasonably withheld ; and ( g ) if thecredit derivativeis a credit default swap, the derivative contract : ( i ) identifies the parties responsible for determining whether a credit event has occurred ; ( ii ) specifies that the determination is not the sole responsibility of the protection provider ; and ( iii ) gives the protection purchaser the right to notify the protection provider of the occurrence of a credit event. 

( 8 ) '' Eligible guarantee '' means a guarantee that : ( a ) is written and unconditional ; ( b ) covers all or a pro rata portion of all contractual payments of the obligor on the reference exposure ; ( c ) gives the beneficiary a direct claim against the protection provider ; ( d ) is not unilaterally cancelable by the protection provider for reasons other than the beneficiary 's breach ofcontract ; ( e ) is legally enforceable against the protection provider in a jurisdiction where the protection provider has sufficient assets against which a judgment may be attached and enforced ; ( f ) requires the protection provider to make payment to the beneficiary on the occurrence of a default ( as defined in the guarantee ) of the obligor on the reference exposure in a timely manner without the beneficiary first having to take legal action to pursue the obligor for payment ; ( g ) does not increase the beneficiary 's cost of credit protection ; ( j ) a foreign banking organization ; ( k ) a non-U.S.-based securities firm or a non-U.S.-based insurance company that is subject to consolidated supervision and regulation comparable to that imposed on U.S. depository institutions, securities broker-dealers, or insurance companies ; and ( l ) aqualifying central counterparty. 

( 10 ) '' Eligible statebank '' means abankorganized under Montana laws that : ( a ) is well-capitalized as defined in the prompt corrective action rules applicable to thebank ; and ( b ) has a composite rating of 1 or 2 under the Uniform Financial Institutions Rating System in connection with thebank 's most recent examination or subsequent review.

( 11 ) '' Loans, '' " extensions of credit, '' or " obligations '' have the meaning in32-1-432, MCA , and any credit exposure determined under ARM2.59.129arising from aderivative transactionor a securities financing transaction.

( a ) The terms include : ( i ) acontractual commitment to advance funds ; ( ii ) a maker or endorser 's obligation arising from abank 's discount of commercial paper ; ( iii ) abank 's purchase of third-party paper subject to an agreement that the seller will repurchase the paper upon default or at the end of a stated period. The amount of thebank 's loan is the total unpaid balance of the paper owned by thebankless any applicable dealer reserves retained by thebankand held by thebankas collateral security. Where the seller 's obligation to repurchase is limited, thebank 's loan is measured by the total amount of the paper the seller may ultimately be obligated to repurchase. Abank 's purchase of third-party paper without direct or indirect recourse to the seller is not a loan or extension of credit to the seller ; ( iv ) an overdraft, whether or not prearranged, but not an intraday overdraft for which payment is received before the close of business of thebankthat makes the funds available ; ( v ) the sale of federal funds with a maturity of more than one business day, but not federal funds with a maturity of one day or less or federal funds sold under a continuingcontract ; ( vi ) loansor extensions of credit that have been charged off on the books of thebankin whole or in part unless the loan or extension of credit is : ( A ) unenforceable by reason of discharge in bankruptcy ; ( B ) no longer legally enforceable because of expiration of the statute of limitations or a judicial decision ; or ( C ) no longer legally enforceable for other reasons provided that thebankmaintains sufficient records to demonstrate that the loan is unenforceable ; and The terms and conditions dictating the manner in which the derivative contract is to be settled are incorporated into the contract ; ( 5 ) If the derivative contract allows for cash settlement, the contract incorporates a robust valuation process to estimate loss with respect to the derivative reliably and specifies a reasonable period for obtaining post-credit event valuations of the reference exposure ; ( 6 ) If the derivative contract requires the protection purchaser to transfer an exposure to the protection provider at settlement, the terms of at least one of the exposures that is permitted to be transferred under the contract provides that any required consent to transfer may not be unreasonably withheld ; and ( 7 ) If the credit derivative is a credit default swap, the derivative contract clearly identifies the parties responsible for determining whether a credit event has occurred, specifies that this determination is not the sole responsibility of the protection provider, and gives the protection purchaser the right to notify the protection provider of the occurrence of a credit event renewal or restructuring of aloanas a new " loanor extension of credit, '' following the exercise by abankof reasonable efforts, consistent with safe and sound banking practices, to bring the loan into conformance with the lending limit, unless new funds are advanced by thebankto the borrower ( except in circumstances permitted under 12 CFR32.3 ( b ) ( 5 ) ), a newborrowerreplaces the originalborrower, or unless the department singly or in collaboration with the appropriate federal banking agency determines that a renewal or restructuring was undertaken as a means to evade thebank 's lending limit ; ( v ) amounts paid against uncollected funds in the normal process of collection ; ( vi ) with regard to participations : ( A ) that portion of aloanor extension of credit sold as a participation by abankon a nonrecourse basis, provided that the participation results in a pro rata sharing of credit risk proportionate to the respective interests of the originating and participating lenders. Where a participation agreement provides that repayment must be applied first to the portions sold, a pro rata sharing will be deemed to exist only if the agreement also provides that, in the event of a default or comparable event defined in the agreement, participants shall share in all subsequent repayments and collections in proportion to their percentage participation at the time of the occurrence of the event ; renewal or restructuring of aloanas a new " loanor extension of credit, '' following the exercise by abankof reasonable efforts, consistent with safe and sound banking practices, to bring the loan into conformance with the lending limit, unless new funds are advanced by thebankto the borrower ( except in circumstances permitted under 12 CFR32.3 ( b ) ( 5 ) ), a newborrowerreplaces the originalborrower, or unless the department singly or in collaboration with the appropriate f as a means to evade thebank 's lending limit ; ( v ) amounts paid against uncollected funds in the normal process of collection ; ( vi ) with regard to participations : ( A ) that portion of aloanor extension of credit sold as a participation by abankon a nonrecourse basis, provided that the participation results in a pro rata sharing of credit risk proportionate to the respective interests of the originating and participating lenders. Where a participation agreement provides that repayment must be applied first to the portions sold, a pro rata sharing will be deemed to exist only if the agreement also provides that, in the event of a default or comparable event defined in the agreement, participants shall share in all subsequent repayments and collections in proportion to their percentage participation at the time of the occurrence of the event ; renewal or restructuring of aloanas a new " loanor extension of credit, '' following the exercise by abankof reasonable efforts, consistent with safe and sound banking practices, to bring the loan into conformance with the lending limit, unless new funds are advanced by thebankto the borrower ( except in circumstances permitted under 12 CFR32.3 ( b ) ( 5 ) ), a newborrowerreplaces the originalborrower, or unless the department singly or in collaboration with the appropriate federal banking agency determines that a renewal or restructuring was undertaken as a means to evade thebank 's lending limit ; ( v ) amounts paid against uncollected funds in the normal process of collection ; ( vi ) with regard to participations : ( A ) that portion of aloanor extension of credit sold as a participation by abankon a nonrecourse basis, provided that the participation results in a pro rata sharing of credit risk proportionate to the respective interests of the originating and participating lenders. Where a participation agreement provides that repayment must be applied first to the portions sold, a pro rata sharing will be deemed to exist only if the agreement also provides that, in the event of a default or comparable event defined in the agreement, participants shall share in all subsequent repayments and collections in proportion to their percentage participation at the time of the occurrence of the event ; renewal or restructuring of aloanas a new " loanor extension of credit, '' following the exercise by abankof reasonable efforts, consistent with safe and sound banking practices, to bring the loan into conformance with the lending limit, unless new funds are advanced by thebankto the borrower ( except in circumstances permitted under 12 CFR32.3 ( b ) ( 5 ) ), a newborrowerreplaces the originalborrower, or unless the department singly or in collaboration with the appropriate federal banking agency determines that a renewal or restructuring was undertaken as a means to evade thebank 's lending limit ; ( v ) amounts paid against uncollected funds in the normal process of collection ; ( vi ) with regard to participations : ( A ) that portion of aloanor extension of credit sold as a participation by abankon a nonrecourse basis, provided that the participation results in a pro rata sharing of credit risk proportionate to the respective interests of the originating and participating lenders. Where a participation agreement provides that repayment must be applied first to the portions sold, a pro rata sharing will be deemed to exist only if the agreement also provides that, in the event of a default or comparable event defined in the agreement, participants shall share in all subsequent repayments and collections in proportion to their percentage participation at the time of the occurrence of the event ; renewal or restructuring of aloanas a new " loanor extension of credit, '' following the exercise by abankof reasonable efforts, consistent with safe and sound banking practices, to bring the loan into conformance with the lending limit, unless new funds are advanced by thebankto the borrower ( except in circumstances permitted under 12 CFR32.3 ( b ) ( 5 ) ), a newborrowerreplaces the originalborrower, or unless the department singly or in collaboration with the appropriate federal banking agency determines that a renewal or restructuring was undertaken as a means to evade thebank 's lending limit ; ( v ) amounts paid against uncollected funds in the normal process of collection ; ( vi ) with regard to participations : ( A ) that portion of aloanor extension of credit sold as a participation by abankon a nonrecourse basis, provided that the participation results in a pro rata sharing of credit risk proportionate to the respective interests of the originating and participating lenders. Where a participation agreement provides that repayment must be applied first to the portions sold, a pro rata sharing will be deemed to exist only if the agreement also provides that, in the event of a default or comparable event defined in the agreement, participants shall share in all subsequent repayments and collections in proportion to their percentage participation at the time of the occurrence of the event ; renewal or restructuring of aloanas a new " loanor extension of credit, '' following the exercise by abankof reasonable efforts, consistent with safe and sound banking practices, to bring the loan into conformance with the lending limit, unless new funds are advanced by thebankto the borrower ( except in circumstances permitted under 12 CFR32.3 ( b ) ( 5 ) ), a newborrowerreplaces the originalborrower, or unless the department singly or in collaboration with the appropriate federal banking agency determines that a renewal or restructuring was undertaken as a means to evade thebank 's lending limit ; ( v ) amounts paid against uncollected funds in the normal process of collection ; ( vi ) with regard to participations : ( A ) that portion of aloanor extension of credit sold as a participation by abankon a nonrecourse basis, provided that the participation results in a pro rata sharing of credit risk proportionate to the respective interests of the originating and participating lenders. Where a participation agreement provides that repayment must be applied first to the portions sold, a pro rata sharing will be deemed to exist only if the agreement also provides that, in the event of a default or comparable event defined in the agreement, partqcipants shall share in all subsequent repayments and collections in proportion to their percentage participation at the time of the occurrence of the event ; s legally enforceable against the protection provider in a jurisdiction where the protection provider has sufficient assets against which a judgment may be attached and enforced ; ( f ) requires the protection provider to make payment to the beneficiary on the occurrence of a default ( as defined in the guarantee ) of the obligor on the reference exposure in a timely manner without the beneficiary first having to take legal action to pursue the obligor for payment ; ( g ) does not increase the beneficiary 's cost of credit protection on the guarantee in response to deterioration in the credit quality of the reference exposure ; and ( h ) is not provided by an affiliate of thebank, unless the affiliate is an insured depository institution, bank, securities broker or dealer, or insurance company that : ( i ) does not control thebank; and ( ii ) is subject to consolidated supervision and regulation comparable to that imposed on U.S. depository institutions, securities broker-dealers, or insurance companies as applicable Again you didn't have authority to control the selling closing of our agreement didn't create any contract and withheld information for reasonable consumer not aware of any disputes or pro- rata. No legal action was given to you in any court of Law, strong arming my credit report when not allowed. Please remove all inquiries from my credit report and not in compliance with applicable consumer credit information for the Government of United States protection providers in writing off the agreement with BORROWER.

I my sue as Above Law 's state. Hopefully the State and Federal regulations will make decisions on how much responsibility is being made by LENDER must notify debtor.

Remove your company from my credit report thank you. 

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 non-monetary relief