Consumer complaint received 2017-05-05
Company: EQUIFAX, INC.
State: MD
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Information belongs to someone else

Complaint:
XXXX   XXXX ,  XXXX  : My mother, the sole debtor, passed away.      XXXX   XXXX ,  XXXX  : I phoned her creditors to notify them of her death. My initial contact with  XXXX     XXXX   was with  XXXX , who then forwarded the call to  XXXX   XXXX . I was instructed by  XXXX   XXXX  to send a copy of my mothers death certificate.      XXXX   XXXX ,   XXXX   : I mailed a letter with the death certificate enclosed to the  XXXX , NY address instructed by  XXXX   XXXX . Included in the letter was my declaration that my mother did not leave a Will, had no assets solely in her name, and an Estate would not be opened. I also stated she did not have a co-signer, and by law, her survivors, including myself, are not legally obligated to pay her debt.      XXXX   XXXX ,  XXXX  :  XXXX    XXXX   addressed a letter to my mother, requesting payment. Similar notices had been received from other creditors, which I was told to ignore. I assumed, as with other creditors, their records had not been updated. Therefore, I ignored the letter.     Note : According to the last statement received, the balance was {$2500.00}. The closing date was   XX/XX/XXXX  , one week prior to my mothers death. However, the amount shown on the letter dated  XXXX   XXXX  was {$3900.00}, a difference of {$1400.00}. My mother did not leave the house during her final week alive. I find such a substantial increase very suspect. However, since the debt would be discharged, I didnt consider it an issue worth fighting.     Unknown Date in  XXXX   XXXX  : Someone in the employ of  XXXX   XXXX , submitted an adverse credit report, in the form of a credit card charge-off, in my name. I have no idea how they obtained my SS #. I have never applied for credit with their company. Nor have I received notification of credit established with their company, a statement of charges, or demand for payment.     Their negative action was done without my knowledge, and without notification of their intent to damage my credit. Moreover, they failed to make even one demand for payment, from myself, or any of my mothers survivors. All statements and letters requesting payment were addressed exclusively to my mother.     In my letter dated  XXXX   XXXX ,  XXXX , I explicitly stated the debt would not be paid by myself or other survivors. Having also handled my late fathers affairs following his death, I am well-aware of the unscrupulous tactics used by some companies to try to intimidate survivors to pay the debts of their loved ones. For this reason, I felt it was necessary to inform her creditors that payment would not be made. Regardless, having no arrangement between  XXXX    XXXX   and myself, their adverse actions against my credit is a flagrant violation of Federal law.      XXXX   XXXX ,  XXXX  :  XXXX   XXXX  addressed a letter to the Estate of, c/o  Next of Kin. T he letter was a demand for payment for the balance on the account ; which, as previously stated, was substantially higher than the balance on the last statement.     A  Notarized Proof of Claim, fil ed on the same date, was also enclosed. Both the letter and Notarized Proof of Claim were signed by  XXXX   XXXX , a  XXXX  Bank representative.      XXXX   XXXX ,  XXXX  : While finalizing all pending issues related to my mothers affairs, I contacted  XXXX   XXXX  by phone to inquire about the letter and Notarized Proof of Claim dated  XXXX   XXXX ,  XXXX . I reiterated an Estate would not be opened.     I was instructed by  XXXX   XXXX  to disregard the letter and  Notarized Proof of Claim.  He stated they were simply a legal formality, and the debt would be discharged. I considered it rather strange for a company to have a document notarized for filing with the court against a non-existent Estate, simply as a legal formality. However, in good faith, I accepted his word.     I assume, in his position, he was privy to the fact that the company had already submitted a charge-off damaging my credit. However, he did not mention the adverse action.     It is absolutely mind-boggling that a company would charge-off an account in  XXXX . Then, in  XXXX , issue a letter demanding payment, accompanied by a  Notarized Proof of Claim f iled against a non-existent Estate. However, that is precisely what transpired. Unfortunately, I was oblivious to their negative credit report until the latter part of  XXXX   XXXX .      XXXX   XXXX ,  XXXX  : During a financial transaction requiring a review of my credit history, I discovered the erroneous adverse action by  XXXX   XXXX . I immediately contacted  XXXX   XXXX . I spoke with  XXXX , explaining the error and requesting to have the adverse info removed from my credit report.     After a review of my mothers account, he stated there was no record of my name. He then asked if he could check using my SS #, which I provided. He returned to the phone and stated again that my name was not in their system.     I then asked how it is possible for  XXXX   XXXX  to submit adverse info to damage my credit, if there is no record of my name in their system. He said he had no explanation. I was then instructed to submit a request in writing, via fax, to the Correspondence Department at  XXXX   XXXX . He then gave me the fax number, which I repeated to him for verification.     I then decided to contact  XXXX   XXXX , given that he was the individual who had filed the  Notarized Proof of Claim against my mothers non-existent Estate.      I was flippantly informed by  XXXX   XXXX  that there was nothing he could do to resolve the matter. After a rather unpleasant exchange, he stated I must send a letter to the Correspondence Department, as they alone could handle the issue.      XXXX   XXXX ,  XXXX  : I faxed and mailed a letter explaining the error, demanding resolution. I included copies of all pertinent correspondence. I also explained the urgency of having this issue resolved, and advised if the problem was not handled expeditiously, I would file a formal complaint with the FTC and MD and PA States Attorneys.     However, after forwarding the letter to a law firm friend, I was advised if this situation is not resolved, I should first file a complaint with your organization.      XXXX   XXXX ,  XXXX  : I contacted  XXXX   XXXX  to inquire about the status of my request, and asked to speak with the  manager of the Correspondence  Department. I was then asked the nature of the call, which I explained. I was then asked to provide my mothers full name, address, phone number, date of birth, last  four  digits of her SS #, and my name. I provided all requested info.     I was then placed on hold for a rather lengthy period. I assume the wait was due to a discussion of my case between the individual I spoke with and the  Correspondence Dept . So, I patiently waited.     The female I spoke with did not return. Rather, the next person on the phone said, Hello, I am  XXXX . How  may I assist you? I requested to speak with the manager of the Correspondence Dept. H e said, Youll have to contact them in writing. I then explained that I had already sent a letter and other documents to their department, and would like to know the status of my request.     I was then informed that I could not speak with the Correspondence Department, they only respond to written correspondence. I again tried to explain my dilemma, and that I had in fact contacted them in writing. He again refused to forward the call.     I then said,  XXXX , what is your last name? He arrogantly replied, Im not giving you my last name. I then asked if  XXXX   XXXX  is the CFO. He stated he is. Angrily, I then said, Thank you,  XXXX .  XXXX .

Company response to consumer: Closed with explanation