Consumer complaint received 2018-10-30
Company: Experian Information Solutions Inc.
State: CA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Investigation took more than 30 days

Complaint:
To Whom It May Concern : I am writing this letter as my last and final attempt, requesting XXXX XXXX XXXX, XXXX to cease and desist order regarding, the erroneous reporting of delinquency from my credit profile at all four credit bureaus for XX/XX/2018, and XX/XX/2018 for account ending XXXX. 

History On or about XX/XX/2018 I telephoned your customer service department regarding the erroneous charges that were placed on my personal banking account at XXXX XXXX XXXX XXXX that required me to place a freeze on the account. This account unfortunately was the account where, my payments are automatically deducted monthly. 

I discussed with your customer service agent that due to the nature of the freeze both mortgage payments would possibly be affected and this was beyond my control. In speaking with the agent, I was orally promised that my account was being noted, and that no late fee would be assessed if paid on before the next due date inclusive to the 15th day grace period of XX/XX/2018. 

I have been a good standing mortgage paying client for over 11 years, all payments are automatically deducted in whatever amount is set by XXXX that is due monthly. The payment was paid on XX/XX/2018 via XXXX XXXX Web Pay in the amount of {$430.00} attached hereto as ( Exhibit A ). This payment was made to satisfy the XX/XX/2018 payment. 

The payment for XX/XX/2018, in the amount of {$400.00} was received on XX/XX/2018 and applied on XX/XX/2018. 

The payment for XX/XX/2018, in the amount of {$410.00} was received on XX/XX/2018 and applied on XX/XX/2018. 

After being called into the office at my legal firm, I was questioned regarding the status of the erroneous delinquency credit reporting of my account on all major bureaus, from XXXX XXXX XXXX, XXXX. I was oblivious to the reporting because, I was in reliance of what was promised orally by your customer service agent back on or about XX/XX/2018. I clearly was misled, and given false, and misrepresented information from your customer service agent regarding the late reporting on my account. 

Immediately upon learning of such inaccurate reporting, I immediately disputed, and requested a Transaction History report from your Research Department. The research department was of no help and ultimately concluded that an oral contract had not occurred regarding the delinquency and payment arrangements conducted between your agent and myself, therefore concluding that I was liable. 

On XX/XX/2018 my disputes had concluded between XXXX, XXXX, and Experian. After receipt of my bureaus, XXXX still refused to remove my late for XX/XX/2018. Additionally, XXXX added an additional erroneous report stating my account was thirty days past due for XX/XX/2018 as well. XXXX further assessed an erroneous late charge fee to my account for {$14.00} for an automatic payment that was received on XX/XX/2018 attached hereto as ( Exhibit B ). 

My normal payment procedures, has always been to have payments automatically withdrawn from my account on the 15th day of every month. I have no control as to when the account is applied. This clearly is an internal system error, and is no fault of my own. Furthermore, I never set the amounts deducted, the instructions for the last 11 years as your borrower has been to deduct what amounts were due and XXXX XXXX XXXX, XXXX has never sent notice changing such automatic payment totals were contingent to my selection of the amount to pay. 

On XX/XX/2018, I spoke with the customer service agent, she assured me that there was no late reporting on credit for the month of both XX/XX/2018 or XX/XX/2018. I asked could I be transferred to your legal department or Consumer Protection Department. In efforts to get this illegal lending practices matter resolved, the agent then referred me to contact the Office of The Consumer Ombudsman via fax or mail.

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