Consumer complaint received 2019-11-25
Company: Experian Information Solutions Inc.
State: MS
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account status incorrect

Complaint:
1. XXXX XXXX, Account # XXXX .... 
The actual XXXX XXXX  internal account DOFD  is XX/XX/XXXX. This account has also been legally extinguished by operation of law via by Mississippi Code Annotated 15-1-3 as of XX/XX/XXXX. The account, its debt and all incidents alike are destroyed. This account is beyond the FCRA seven year reporting period which expired XX/XX/XXXX. DELETE IMMEDIATELY. 

2. XXXX XXXX, Account # XXXX .... 
The actual XXXX XXXX  internal account DOFD XX/XX/XXXX. This account has also been legally extinguished by operation of law via by Mississippi Code Annotated 15-1-3 as of XX/XX/XXXX. The account, its debt and all incidents alike are destroyed. This account is beyond the FCRA seven year reporting period which expired XX/XX/XXXX. DELETE IMMEDIATELY. 

3. XXXX XXXX, Account # XXXX .... 
The actual XXXX XXXX  internal account DOFD  is XX/XX/XXXX. This account has also been legally extinguished by operation of law via by Mississippi Code Annotated 15-1-3 as of XX/XX/XXXX. The account, its debt and all incidents alike are destroyed. This account is beyond the FCRA seven year reporting period which expired XX/XX/XXXX. DELETE IMMEDIATELY. 

4. XXXX XXXX, Account # XXXX .... 
The actual XXXX XXXX  internal account DOFD  is XX/XX/XXXX. This account has also been legally extinguished by operation of law via by Mississippi Code Annotated 15-1-3 as of XX/XX/XXXX. The account, its debt and all incidents alike are destroyed. This account is beyond the FCRA seven year reporting period which expired XX/XX/XXXX. DELETE IMMEDIATELY. 

5. XXXX XXXX, Account # XXXX .... 
The actual XXXX XXXX  internal account DOFD is XX/XX/XXXX. This account has also been legally extinguished by operation of law via by Mississippi Code Annotated 15-1-3 as of XX/XX/XXXX. The account, its debt and all incidents alike are destroyed. This account is beyond the FCRA seven year reporting period which expired XX/XX/XXXX. DELETE IMMEDIATELY. 

All five of the aforementioned XXXX XXXX  credit card accounts have been legally extinguished via operation of Mississippi law, is specific Miss. Code Ann. 15-1-3,  which upon the running of the period of limitation on all Mississippi consumer debt the debt is legally extinguished, the account, its debt, and all incidents alike are destroyed, there remains nothing to revive except for a new promise therein. The statute of limitations on Mississippi consumer debt is not a statute of limitations, but a statute of repose, as the statute is radical in nature and has been affirmed in numerous cases decided, or affirmed by the Mississippi Supreme Court and in multiple federal court decisions in the State of Mississippi. The accounts based on the actual dates of first delinquency as documented in the notice produced by XXXX XXXX and attached herein were all legally extinguished by XX/XX/XXXX. 

Moreover, as referenced in this dispute, as with multiple past disputes, and documented in the attached notice from XXXX XXXX, all accounts are OBSOLETE as they are well beyond the seven year time period stipulated in the FCRA for legal reporting of delinquent, and or, derogatory account information, and have been for going on two years for one account ( XX/XX/XXXX ), and a year on the other four accounts ( XX/XX/XXXX. ) Quoting directly from the previously attached notice, and notice attached to this dispute, from XXXXXXXX XXXX XXXX dated XXXXXX/XX/XXXX : On your account ending in XXXX ( first account disputed above ) {$25.00} was due by XX/XX/XXXX, but no payment was received by the due date. '' On your account ending in XXXX ( fifth account disputed above ) {$10.00} was due by XX/XX/XXXX, but no payment was received by the due date. '' On your account ending in XXXX ( second account disputed above ) {$35.00} was due on XX/XX/XXXX, but no payment was received by the due date. '' On your account ending in XXXX ( fourth account disputed above ) {$24.00} was due on XX/XX/XXXX, but no payment was received by the due date. '' Continuing from the XXXX letter in reference to the missed payments on the aforementioned accounts and First Date of Delinquency established in the notice, " we did not receive a payment on the accounts by the respective due dates, the accounts were past due, and remained past due until they charged off in XXXX. '' " Therefore, although your auto payments were making payments on each of the accounts, the accounts were never brought current from XXXX to XXXX, when the accounts were charged off. '' " On the account ending in XXXX ( third account disputed above ) {$63.00} was due by XX/XX/XXXX. Our records indicate that the account had a returned auto pay that posted on XX/XX/XXXX. When the {$14.00} auto pay was removed from the account, the account became past due, and remained past due until it charged off in XXXX. '' " It is important to note that when an account is set up on Minimum Payment auto pay, it does not pull any past due amount '' The fact that XXXX XXXX  did not choose to charge off the accounts six months after their actual first dates of delinquency, and did not do so until four to five years later, secondary to their choice of profiting by continuing to debit my checking account monthly for each account, which payments were then applied as compound interest, and, or penalties for a lengthy period of time after the accounts were legally extinguished, thus never decreasing the account balance, nor bringing the accounts current is not legally relevant to the determination of the accurate and legal DOFDs on all accounts, or the start of the FCRA time period for negative reporting. 

This inaccurate information has been disputed multiple times with Experian over the past few years and their investigation/reinvestigations have only parroted the information returned via the AUD form from the furnsiher of information, XXXX XXXX  even in the face of a notice from XXXX XXXX  which clearly and accurately establishes that its own reporting to Experian is not accurate.

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