Professional Documents
Culture Documents
10/26/2017
Dear Transunion,
In recently reviewing my credit report, I’ve discovered some major discrepancies. Therefore, I am requesting an
investigation under § 611 FCRA. Procedure in case of disputed accuracy [15 U.S.C. § 1681i]. Please also comply with
Section 609 of the FCRA it states: “Information on file; sources; report recipients. Every consumer reporting agency
shall, upon request, and subject to 610(a)(1) [§ 1681h], clearly and accurately disclose to the consumer: “(3) (A)
Identification of each person (including each end-user identified under section 607(e)(1) [§ 1681e]) that procured a
consumer report.”
3. I have not entered into any contract with these collection agencies;
4. These collection agencies has provided no proof of any “Certified Original Documents” bearing my signature that
I entered into an agreement to pay for a debt that I have no knowledge of per FCRA section 609.
6. No Certified copy of the original application or promissory bearing my signature was issued;
7. Letter of sale or assignment from the original creditor to your company. (Agreement with your client that grants
you the authority to collect on this alleged debt.) Coppola v. Arrow Financial Services, 302CV577, 2002 WL
32173704 (D.Conn., Oct. 29, 2002) - information relating to the purchase of a bad debt is not proprietary or
burdensome. Debtor must phrase their request clearly to obtain: The source of a debt and the amount a bad debt
buyer paid for plaintiff's debt, how the amount sought was calculated, where at issue a list of reports to credit
bureaus, and documents conferring authority on defendant to collect debt.
8. Proof that this debt has not been written off as a tax liability.
9. I never saw any insurance claims made by any collector/creditor regarding this account;
10. The collection agency’s affiant never had any personal knowledge as to when and in what manner the I opened
the accounts with their company through discovery?
11. The collection agency’s affiant never had any personal knowledge as to when the account became delinquent
and was was charged off or placed for collection, and what the principle was immediately prior to the charge
off/collection;
12. The collection agency’s affiant never had any personal knowledge as whether I have allegedly been credited for
all payments, set-offs and other credits due;
13. The collection agency’s affiant could not specify or reference which electronic/computerized account records
he/she has reviewed accusing me of owing this debt;
14. No proof of of photo identification (i.e., driver's license, state identification card, or other government issued
identification card) that was presented to you at the time of incurring this debt.
Here are listed accounts that I have no knowledge or affiliation with and would like to have these accounts
DELETED from my credit IMMEDIATELY:
In addition, it has also been discovered that these STUDENT LOAN ACCOUNTS were also being listed within my
credit file. The fact is that these Student Loan Accounts are not accurate. As proof, please kindly provide me with
a certified copy of the original contract and check with my endorsement on it specifically naming the above listed
company as a person entitled to collect a debt against me. The Truth in Lending Act, Regulation Z, 12 CFR
§226.23, says that any security agreement signed with a lender can be rescinded if you have not been provided
the proper disclosures. Well I never received anything from you because I never applied for or agreed to anything
with your company. Furthermore, even if I had, the original debt would have actually been zero anyway since a
borrower’s financial asset is exchanged for the FED’s promissory notes in an even exchange. Promissory Notes
and other commercial instruments are considered legal tender and financial assets to the originator and a liability
to the lender. If a security interest in the note is perfected, by recording it on a lien as a registered security, then
the maker or originator becomes an entitlement holder in the asset. Correct me if I’m wrong, but it is my
understanding that you are neither the “originator” nor “lender” of this so-called debt and therefore, you have no
authority under the law to even attempt to collect anything from me. If, in fact, you claim that you are and/or you
do, then I hereby request proof of ownership of this debt in YOUR name as the “originator” or “lender”.
Furthermore, I will also need proof of your perfected lien filed with Secretary of State. If you have NO PROOF of
any such documents, please DELETE these accounts immediately. Thanks.
US DEPT ED
Account Number: 138039XX
I was never 120 days late. My student loan is deferred. Please remove it from my credit report.
US DEPT ED
Account Number: 138000XX
I was never 120 days late. My student loan is deferred. Please remove this inaccurate information from my credit
report.
The below listed “LATE PAYMENTS“ that are being reported within my credit report is inaccurate account
information. I have never been late with my payments of these accounts. It is not clear to me how these late
payments could have become merged within my credit file. Perhaps it was the result of a mixed file incident on
behalf of you, the credit reporting agency or the original creditor. Whichever it is, the fact remains… these late
payments are incorrect payment history information. Under Section 168 FCRA this Late Payments Dated does not
match my records nor the original creditors records to what reflects on my credit report, there-fore this item MUST
be deleted and UPDATED under this law. If not Attorney Costs & Court Action will follow. Please update my
account to “Paid as Agreed.” Thanks.
US DEPT ED
Account Number: 138039XX
I was never 120 days late. My student loan is deferred. Please remove it from my credit report.
US DEPT ED
Account Number: 138000XX
I was never 120 days late. My student loan is deferred. Please remove this inaccurate information from my credit
report.
Policy states…
According to the FAIR CREDIT REPORTING ACT “FCRA” 611 (15 U.S.C. 1681),
Reinvestigation Required
(a) In general. Subject to Subsection (f), if the completeness or accuracy of any item of information contained in a
consumer’s file at a consumer agency is disputed by the consumer and the consumer notifies the agency directly,
or indirectly through a reseller, of such dispute, free of charge, conduct a reasonable reinvestigation to determine
whether the disputed information is inaccurate and record the current status of the disputed information, or delete
the item from the file in accordance with paragraph (5), before the end of the 30-day period beginning on the date
on which the agency receives the notice of the dispute from the consumer or reseller. Therefore, my position is
being clearly stated, these accounts do not belong to me, meaning that you are reporting inaccurate account
information within my credit file. The fact that these are inaccurate account information means that you, this credit-
reporting agency, are reporting incorrect accounts.
I'm sure you know, under FDCPA Section 809(b), you are not allowed to pursue collection activity until this debt is
validated. You should be made aware that in Boatley v. Diem Corporation, No. Civ 03-0762 (D.C. Ariz. 2004), the
court ruled that reporting a collection account is, indeed, considered collection activity. You should also note that
this is not a request for “Partial” Validation but rather, it’s a request for EVERYTHING listed here in order to
constitute full and sufficient validation of this debt. While I prefer not to litigate, I will use the courts as needed to
enforce my rights under the FDCPA and other statutes. I look forward to a quick resolution of this matter.Finally,
you are reporting the INQUIRIES that are the result of the same type fraudulent activities. According to Section
604 of the FCRA, would you kindly provide me permissible purpose, proof that I initiated these inquiries and
written authorization for all inquiries listed on my credit report. If you have NO PROOF, please delete these
inquiries immediately.
I have contacted the below creditor and they apparently have NO proof I have initiated such inquiries, nor
written authorization and have failed to provide permissible purpose. Since, they do not have my
authorization, written nor verbal I am asking you to kindly DELETE these inquiries from my credit report
immediately as there is absolutely no evidence of my authorization, nor permissible purpose. According to my
research, under Section 604. Permissible Purposes of Consumer Reports 15 U.S.C. § 1681b (a) In general.
Subject to subsection (c), any consumer reporting agency may furnish a consumer report under the following
circumstances and no other: (F) otherwise has a legitimate business need for the information (i) in connection
with a business transaction that is initiated by the consumer.
Under 15 U.S.C. § 1681i, Paragraph (5) Treatment of Inaccurate or Unverifiable Information (A) In general. If,
after any reinvestigation under paragraph (1) of any information disputed by a consumer, an item of the
information is found to be inaccurate or incomplete or cannot be verified, the consumer reporting agency shall– (i)
promptly delete….
Thank you so much of your kind and prompt attention to the above matters.
Sincerely,
Harold Powell
AFFIDAVIT OF TRUTH
IN WITNESS WHEREOF, the said party has signed and sealed these presents the day and year
first above written.
STATE OF California
I HEREBY CERTIFY that on this day before me, an officer duly qualified to take
acknowledgments, personally appeared Harold Maxon Powell , who is personally known to
me or who has produced Driver’s License, Social Security Card and Proof of Address as
identification and who executed the foregoing instrument and he/she acknowledged before me
that he/she executed the same.
WITNESS my hand and official seal in the County and State aforesaid this _26 day of
October 2017.
___________________________________
Notary Public
Printed Name:Joe Martin
(
6
)
mm/yyyy
(7) My daytime phone: ( )
My evening phone: (
My email:
The Paperwork Reduction Act requires the FTC to display a valid control number (in this case, OMB
control # 3084-0047) before we can collect – or sponsor the collection of – your information, or
require you to provide it.
Victim’s Name Phone number ( ) Page 2
Declarations
did not authorize anyone to use my name or personal information
to obtain money, credit, loans, goods, or services — or for
any other purpose — as described in this report.
did not receive any money, goods, services, or other benefit as a
result of the events described in this report.
am not willing to work with law enforcement if
charges are brought against the person(s) who committed the
fraud.
(11) I did OR
(12) I did OR
(13) I am OR
About the Fraud
(14):
Enter what
(14) I believe the following person used my information or identification you know
documents to open new accounts, use my existing accounts, or commit about
anyone you
other fraud.
believe was
involved
Name: Unknown
(even if you
First Middle Last Suffix
don’t have
complete
Address: Unknown information)
Number & Street Name Apartment, Suite, etc. .
Unknown
(15) Additional information about the crime (for example, how the identity thief (14) and
gained access to your information or which documents or information were (15): Attach
used): additional
sheets as
Unknown, I have no information to provide concerning the suspect. needed.
Documentation
(16) I can verify my identity with these documents: (16):
Reminder:
A valid government-issued photo identification card (for example, my driver’s Attach copies
license, state-issued ID card, or my passport). of your
If you are under 16 and don’t have a photo-ID, a copy of your birth identity
certificate or a copy of your official school record showing your documents
enrollment and legal address is acceptable. when sending
this form to
Proof of residency during the time the disputed charges occurred, the loan creditors and
credit
reporting
agencies.
was made, or the other event took place (for example, a copy of a
rental/lease agreement in my name, a utility bill, or an insurance bill).
(17) The following personal information (like my name, address, Social Security number,
or date of birth) in my credit report is inaccurate as a result of this identity theft:
(A)
(B)
(C)
(18) Credit inquiries from these companies appear on my credit report as a result of this
identity theft:
US DEPT ED 138039 XX
US DEPT ED 138000XX
US DEPT ED 138039 XX
US DEPT ED 138000XX
Did the victim receive a copy of the report from the law enforcement officer? Yes OR No
Signature
As applicable, sign and date IN THE PRESENCE OF a law enforcement officer, a notary, or a
witness.
(21) I certify that, to the best of my knowledge and belief, all of the information on and attached
to this complaint is true, correct, and complete and made in good faith. I understand that
this complaint or the information it contains may be made available to federal, state, and/or
local law enforcement agencies for such action within their jurisdiction as they deem
appropriate. I understand that knowingly making any false or fraudulent statement or
representation to the government may violate federal, state, or local criminal statutes, and
may result in a fine, imprisonment, or both.
Your Affidavit
(22) If you do not choose to file a report with law enforcement, you may use this form as an
Identity Theft Affidavit to prove to each of the companies where the thief misused your
information that you are not responsible for the fraud. While many companies accept this
affidavit, others require that you submit different forms. Check with each company to see if it
accepts this form. You should also check to see if it requires notarization. If so, sign in the
presence of a notary. If it does not, please have one witness (non-relative) sign that you
completed and signed this Affidavit.
Notary