Consumer complaint received 2022-03-21
Company: EQUIFAX, INC.
State: NY
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account information incorrect

Complaint:
Equifax refuses remove incorrect information on my Equifax credit report and/or update my credit report as follows ; 1. BANKRUPCY REAFFIRMATION ACCOUNT listed as discharged, 2. FRAUDULENT ACCOUNT is still on my credit report, 3. BANKRUPTCY DISCHARGE not listed correctly, 4. Refusal to remove INQUIRIES that were NOT approved, 5. Refusal to update personal information and, 6. Refusal to update 100 word personal statement. 
I have contacted the creditors and Equifax several times by phone, mail, fax, electronic updates and emails since XX/XX/XXXX, further, the U.S. Bankruptcy court has sent numerous notices as well and still the same errors persist on my credit report. I have attached the most recent letter to Equifax with attachments mentioned below. Please help. A XXXX XXXX Bankruptcy is known as a fresh start bankruptcy because individuals are liquidating their assets and discharging all of their debts in a relatively short period of time and there is no repayment plan. I filed XXXX XXXX Bankruptcy, on XX/XX/XXXX, the Court ordered an injunction ( an automatic stay ) that prevents creditors from taking certain actions to collect debts. The automatic stay more broadly stops : any act to collect, assess, or recover a claim against the debtor that arose before the case filing, XX/XX/XXXX. See U.S. Bankruptcy Code 362 ( a ) ( 6 ). The automatic stay stops : the filing or continuation of a lawsuit or other legal proceeding against you to collect a debt, the enforcement of a prior judgment against your property, taking possession of or control over your property, the creation or enforcement of a lien against your property. See U.S. Bankruptcy Code 362 ( a ) ( 1-4 ). On XX/XX/XXXX, the Bankruptcy was discharged, please see attached for a copy of the Court Ordered Discharge. From XX/XX/XXXX and after XX/XX/XXXX, the Bankruptcy filing should have been reflected on my credit reports, but it was NOT and there were a number of errors associated with the Bankruptcy filing. Some of these errors are listed below : 1. BANKRUPCY REAFFIRMATION ACCOUNT The reporting of XXXX XXXX XXXX XXXX XXXX XXXX for XXXX XXXX XXXX, account number XXXX, 4.1 XXXX XXXX XXXX XXXX ( CLOSED ) xxxxxx XXXX on Equifax reports XXXX and XXXX is incorrect. Please see attached for the XXXX XXXX XXXX XXXX auto loan for XXXX XXXX XXXX payment history and relevant corresponding pages from Equifax reports XXXX and XXXX. XXXX XXXX XXXX XXXX auto loan, 4.1 XXXX XXXX XXXX XXXX ( CLOSED ) xxxxxx XXXX on Equifax reports XXXX and XXXX, should read reaffirmed, open, never been late and paid as agreed, or similar language. Because this XXXX  XXXX bankruptcy debt is covered by a valid reaffirmation agreement and was NOT discharged.

2. FRAUDULENT ACCOUNT MUST BE REMOVED The 2.5 XXXX XXXX ( CLOSED ) xxxxxxxxxxxx XXXX debt listed on Equifax reports XXXX and XXXX, is now a XXXX account XXXX and is NOT my account and was fraudulent. XXXX took over the XXXX credit card program. Please see attached for two XX/XX/XXXX letters from XXXX directing for the removal of the fraudulent account and relevant corresponding pages from Equifax reports XXXX and XXXX. Equifax refuses to follow directions from the creditor. The account number is the same for each account and XXXX XXXX  simply has not provided accurate information and Equifax simply has not done an investigation. 
3. BANKRUPTCY DISCHARGE Debts that are discharged in a XXXX  XXXX Bankruptcy, should be reported with a {$0.00} balance after the discharge is entered. Furthermore, as the automatic stay of creditors prohibited the lawful collection of the debts as soon as the bankruptcy case was filed, a creditor or debt collector may not continue to report the account or trade-line as past due once the bankruptcy has been filed. However, I filed for XXXX  XXXX Bankruptcy on XX/XX/XXXX, see attached and creditors or debt collectors were notified, continue to report the debt listed in my bankruptcy schedule as past due or with a balance due even AFTER XX/XX/XXXX, the date of bankruptcy discharge, see attached. Therefore, these creditors and credit reports are robbing me of my fresh start, and a a result I have been damaged : creditors or debt collectors and the credit report agency have robbed me of my fresh start. In fact, according to the Fair Credit Reporting Act ( FCRA ), 15 U.S. Code 1681 and 1681a thru 1681x and other Federal law, 11 U.S. Code 524 Effect of discharge, and other guidance, creditors wont be able to report my discharged debt in a variety of ways that could cause my credit to suffer, such as allowing the obligation to show as : 1. currently owed or active, 2. late or delinquent or outstanding, 3. charged off, 4. having a balance due, or, 5. converted to a new type of debt ( re-aged or given new account numbers, for example ). 
Such reporting labels are often the reason creditors deny applicants credit. In some cases, creditors and debt collectors use the credit report listing as a form of passive debt collection, and applicants must pay off such debt as a condition of loan approval. Instead, when I pull my report, each qualifying debt should be reported as : having a zero balance, and discharged, included in bankruptcy, or similar language.

The following accounts were discharged in bankruptcy BUT do not have a {$0.00} balance listed and the CRA shows them as currently owed or active, late or delinquent or outstanding, charged off, and/or having a balance due. Further each account must include the language such as discharged through Bankruptcy XXXX XXXX or similar language. This is a violation that must be remedied immediately. The errors specific to each debt account are listed under each account and attached is the relevant corresponding pages for that debt from Equifax reports XXXX and XXXX. 
2.3 XXXX XXXX XXXX ( CLOSED ) xxxxxxxx XXXX, 1. no notice of discharged through Bankruptcy XXXX  XXXX listed, 2. debt NOT labeled as {$0.00} balance, 3. debts can not be listed as currently owed or active and this debt is, 4. debts can not be listed as late or delinquent or outstanding and this debt is and, 5. debts can not be listed as charged off as this debt is listed as charged off. 
5.1 XXXX XXXX XXXX ( CLOSED ) xxxxxxxx XXXX, 1. no notice of discharged through Bankruptcy XXXX XXXX  listed, 2. debt NOT labeled as {$0.00} balance, 3. debts can not be listed as currently owed or active and this debt is, 4. debts can not be listed as late or delinquent or outstanding and this debt is and, 5. debts can not be listed as charged off as this debt is listed as charged off.

2.9 XXXX XXXX ( CLOSED ) xxxxxxxxxxxx XXXX 1. no notice of discharged through Bankruptcy XXXX XXXX  listed, 2. debt NOT labeled as {$0.00} balance, 3. debts can not be listed as currently owed or active and this debt is, 4. debts can not be listed as late or delinquent or outstanding and this debt is and, 5. debts can not be listed as charged off as this debt is listed as charged off.

2.10 XXXX ( CLOSED ) xxxxxxxxxxxx XXXX, 1. no notice of discharged through Bankruptcy XXXX XXXX  listed, 2. debts can not be listed as currently owed or active and this debt is, 3. debts can not be listed as late or delinquent or outstanding and this debt is and/or, 4. debts can not be listed as charged off as this debt is listed as charged off. 
2.4 XXXX XXXX XXXX XXXX ( CLOSED ) xxxxxxxx XXXX, 1. no notice of discharged through Bankruptcy XXXX XXXX XXXXisted, 2. debt NOT labeled as {$0.00} balance, 3. debts can not be listed as currently owed or active and this debt is, 4. debts can not be listed as late or delinquent or outstanding and this debt is and, 5. debts can not be listed as charged off as this debt is listed as charged off. 
XXXX XXXX XXXX ( CLOSED ) xxxxxxxxxxxx XXXX, 1. no notice of discharged through Bankruptcy XXXX XXXX listed, 2. debt NOT labeled as {$0.00} balance, 3. debts can not be listed as currently owed or active and this debt is, 4. debts can not be listed as late or delinquent or outstanding and this debt is and, 5. debts can not be listed as charged off as this debt is listed as charged off.

2.1 XXXX XXXX  XXXX CLOSED ) xxxxxxxxxxxx XXXX, 1. no notice of discharged through Bankruptcy XXXX XXXX  listed, 2. debt NOT labeled as {$0.00} balance, 3. debts can not be listed as currently owed or active and this debt is, 4. debts can not be listed as late or delinquent or outstanding and this debt is and, 5. debts can not be listed as charged off as this debt is listed as charged off.

2.2 XXXX ( CLOSED ) xxxxxxxxxxxx XXXX, 1. no notice of discharged through Bankruptcy XXXX XXXX listed, 2. debt NOT labeled as {$0.00} balance, 3. debts can not be listed as currently owed or active and this debt is, 4. debts can not be listed as late or delinquent or outstanding and this debt is and, 5. debts can not be listed as charged off as this debt is listed as charged off. 
A creditor who repeatedly refuses to report my discharged debt properly is in violation of the bankruptcy discharge injunction prohibiting creditors from trying to collect on discharged debts. U.S. Bankruptcy Code 362 ( k ) ( 1 ) states that an individual injured by any willful violation of a stay provided by this section shall recover actual damages, including costs and attorneys fees, and, in appropriate circumstances, may recover punitive damages. See U.S. Bankruptcy Code 362 ( k ) ( 1 ).

4. INQUIRIES I did not give these companies listed below, authorization to access my credit report and thus these inquires should be deleted. 
1. XXXX XXXX, 2. XXXX XXXX XXXX XXXX 3. XXXX. 
Also there are more inquires listed on the attached pages of the reports, please remove them as well. 
5. Updated personal information XXXX ( XXXX ) XXXX Residential ( XXXX ) XXXX ( XXXX ) XXXX, ( XXXX ) XXXX and ( XXXX ) XXXX are not mine. 
My spouse is XXXX XXXX, NOT XXXX XXXX. 
6. UPDATED 100 WORD PERSONAL STATEMENT SERVICE CONNECTED, TOTALLY PERMANENTLY XXXX VETERAN, WITH FEDERAL MONTHLY XXXX BENEFITS ; VA ( PAID UNDER TITLE 38 ) AND SOCIAL SECURITY ( RECEIVED UNDER 42 USC 301 ET SEQ ) ; AS SOLE SOURCE OF INCOME DEPOSITED MONTHLY INTO HIS BANK ACCOUNT. SEE 31 CFR 212.3. THUS UNDER 11 USC 101 ( 10A ) ( B ) ( II ) ( I ) AND ( IV ) ; THESE BENEFITS ARE CONSIDERED EXEMPT OR EXCLUDED INCOME IN BANKRUPTCY. AS A RESULT OF THE EXCLUSION AND OTHER FEDERAL LAW, A CREDITOR CAN NOT SECURE A GARNISHMENT ORDER OR TAKE MONEY FROM HIS BANK ACCOUNT. FEDERAL LAW ESSENTIALLY MAKES HIS FUNDS IMMUNE FROM XXXX BY CREDITORS.

Company response to consumer: Closed with explanation