Consumer complaint received 2024-11-25 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: Experian Information Solutions Inc.
State: TX

Complaint narrative:
I have repeatedly requested XXXX XXXX XXXX XXXX, XXXX to remove my nonpublic information and to validate the account with no success. They have received but ignored my request and reported my transaction histry with a nonaffiliated third party after I have written them to cease and desist. They charged off the account but never sent me a 1099C. Per the IRS Publication XXXX a chargeoff is considered income to the consumer. Which means the account would need to be removed anyway due to income can not reported as an account. Instead they sold it to a collection agency who is not even licensed to collect in my state. I also sent them the same letter to validate the debt since I never had an agreement with any of the above companies. XXXX XXXX XXXX ( cllection agency ) sent me all of my past statements from XXXX XXXX whom I had the account with. I have attached both letters showing I notified both companies for documentation but but ignored my request and in most cases told me no. Last, I requested both companies to sign the penalty under perjury confirming all the documents are true and my claims are not valid. No response to that! 

I am submitting my compliant to the Attorney General and CFPB for enforcement regarding the above-referenced account to have the Systems & XXXX XXXX XXXX XXXX account deleted from my credit report and for them to send me the requested documetation or cease and desist forever trying to collect on a debt they can not prove is owed. I wish to address several concerns and request immediate action to rectify the situation in compliance with applicable laws. 

First, according to IRS Publication XXXX and related guidance, when a debt is charged off, it is considered taxable income, and a Form 1099-C should be issued to the debtor for reporting purposes. If a 1099-C has been issued for this account, the original tradeline must be removed from my credit report as the debt is considered canceled. I request that you confirm whether a 1099-C was issued for this account and, if so, take the necessary steps to remove the tradeline. 

Additionally, per federal regulations, a charged-off account sold to a third-party collection agency should no longer be reported by the original creditor to credit bureaus. As such, this account should also be redacted from any third-party reporting by the collection agency to avoid duplicative reporting, which violates the Fair Credit Reporting Act ( FCRA ). 

Furthermore, I hereby revoke your authorization to share my nonpublic personal information with any nonaffiliated third parties as outlined in the XXXX XXXX ( XXXX ). As a financial institution, XXXX XXXX XXXX XXXX XXXX XXXX has a duty to protect my private information, and I request confirmation that all sharing of my information with nonaffiliates has ceased and deleted from all third partied to include Experian, XXXX and XXXX XXXX. 

To resolve this matter, I request the following within 5 days : 1. Remove all reporting of this charged-off account from my credit report.

2. Confirm whether a 1099-C has been issued, and if not, issue one immediately.

3. Revoke the sharing of my personal information with any nonaffiliated third parties.

4. Proof you are licensed to do business in my state.

5. CERTIFICATION OF AUTHORITY : Please provide ( a ) : verified certificate of authority, or fictitious/assumed name certificate from the State of Texas your firm, XXXX & XXXX XXXX and XXXX XXXX XXXX XXXX XXXX business in the State of Texas. 
( b ) : your license number ( s ) and Registered Agent.

5. AUTHORIZATION CONTRACT : Please send me a verified ( sworn to by Affidavit ) copy of the contract your firm has with the original creditor authorizing your firm to engage in collection activities on their behalf against the above alleged account, and naming you as an authorized collection agent/claims adjuster.

6. AFFIDAVIT OF CLAIM : Please send me a commercial affidavit, sworn to be true, correct, and complete, upon the commercial liability of a properly identified officer employee, or agent, hereinafter Affiant, stating that : a. ) said creditor is the HOLDER IN DUE COURSE of the above referenced account.

b. ) Affiant is authorized to ASSERT A CLAIM on behalf of the original Creditor.

c. ) Affiant has PERSONAL FIRST HAND KNOWLEDGE regarding the fact of the alleged account and is the origi

nal CUSTODIAN of the books of entry, or directly supervises said original CUSTODIAN of the records. 7. ORIGINAL NOTE : Please send me a verified copy both FRONT and BACK of the alleged ORIGINAL promissory note in its entirety, including any application, accompanied by a commercial affidavit, sworn to be true, correct, and complete, upon the commercial liability of a properly identified and authorized officer, employee
, or agent of the alleged original creditor who states that he/she has PERSONAL FIRST HAND KNOWLEDGE that said front and back verified copy is that of the original promissory note.

8. COMPLETE BOOKKEEPING ENTRIES : Please provide the original account and general ledger showing the account receivables and the account payables statement ( not the loan history statement ) of the alleged obligation you are attempting to collect has not been paid, accompanied by a commercial affidavit by the original CUSTODIAN of the books and records sworn to be true, correct, and complete, upon his or her commercial liability.

9. Please verify the debt collector, has not purchased the debt and are proceeding with collection activity in the name of the original alleged creditor.

10. Please verify the note was not collateralized as a mortgage backed security.

11. Please verify that you know and understand by signing, notarizing and returning the attached penalty under perjury that all of the above is true and correct. By contacting me again after receipt of this notice without providing procedurally proper validation of the alleged debt may constitute MAIL FRAUD. 

I appreciate your immediate attention to this matter and look forward to your written response. Please send your response to the address listed above in writing.

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