Consumer complaint received 2023-12-09
Company: BMO HARRIS BANK NATIONAL ASSOCIATION
State: AZ
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a company's investigation into an existing problem
Sub-issue: Their investigation did not fix an error on your report

Complaint:
I am writing this letter to inform you that I have notified the credit bureaus and XXXX XXXX of misreporting by your company in accordance with the Fair Credit Reporting Act. According to which as the furnisher of the information in question, you have a grave responsibility of maintaining the accuracy of that information. 

You have violated my rights under 15 USC 6802, by sharing my personal information in direct violation of HIPAA, disclose it to third party without contacting me. You are in direct violation of 15 USC 1681b, without permissible purpose, before you can disclose my personal information. Transactions and experiences are to be excluded from consumer reports according to 15 USC 1681a2, you disclosed my personal information to third party debt collector. 

The tradeline is inaccurate because I am not legally obligated to HARRIS BANK in the amount of {$120.00} for the alleged chargeoff deficiency claim. 

The address is wrong, this address does not belong to me. 

The balance is wrong, BMO is reporting {$120.00}, XXXX is reporting a different amount. 

How can an account be CHARGED OFF AND PAID IN FULL? This is an oxymoron. 

The tradeline is showing two different closing dates, this is inaccurate and wrong. 

Furthermore, the tradeline is incomplete because you have not verified the date of last activity with the creditor HARRIS BANK, since I had begun dispute regarding this creditor, it appears no actual creditor investigation was actually done, because the date verified did not change. 

Although HARRIS BANK was closed/Chargedoff. The tradeline appears to show delinquencies after the closed date. How can a tradeline be paid off and still chargedoff? Your verification procedures have allowed this which has been harmful to me and my family. The balance is not correct, and the date of late activity has re aged. Please delete it. 
The following account HARRIS BANK is reporting a balance of {$120.00}, it is my understanding and reason to believe that because this debt was charged off by you that it was memorialized with a Form 1099C as proof or evidence thereof. And that because of that fact, this debt is canceled and at least should not reflect the balance that is currently showing of {$120.00} on my consumer file. This would indicate inaccurate reporting on your behalf and therefore is a violation of the FCRA by you the furnisher to continue to report this inaccurate information. Especially with the actual knowledge notice and confirmation of the errors. 

Please provide me with the return of the same time and form as prescribed by regulations, my name, my address, my TIN, the date, and amount of the discharged/charged off debt information as prescribed by the Secretary of Treasury. If not, then I would demand that the accused be removed from my credit report completely to avoid appropriate legal recourse or action on behalf of myself by retained counsel. 

Unfortunately, it appears that you do not have reasonable procedures in place to assure maximum accuracy and completeness of the information that you include in your consumer reports is concerning me. Therefore, I request that my future inclusion of consumer information concerning me be sent to me first for my review before you prepare and publish any information in a consumer report about me so that I can confirm the accuracy and completeness of the same. Your prompt attention to this important matter is required in order to comply with federal law. 

Please note that I am taking this matter very seriously and demand that you follow the law, in its entirety, and send me detailed information of how you arrived at your conclusion, or else remove these items immediately. The law is very clear as to the Civil liability and the remedy available to me for your willful non compliance ( Section 617 and 813 ) if you fail to comply. I am a litigious consumer pursuing litigation in this matter to enforce my rights under the FCRA.

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