Consumer complaint received 2017-11-21
Company: Experian Information Solutions Inc.
State: NY
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: Their investigation did not fix an error on your report

Complaint:
Experian is incorrectly reporting a collection from XXXX XXXX XXXX for {$900.00} relating to a matter with XXXX XXXX. This was disputed with Experian, and they have failed to investigate and determine that the collection is legitimate, that it belongs to me, and that the creditor and collection agency 's claims are bona fide. 

This collection is a response to a consumer dispute between my girlfriend and XXXX XXXX. This does not belong to me, and the underlying consumer contract with XXXX XXXX is not in my name. 

Relevant background to dispute with XXXX XXXX : * My girlfriend at the time placed an order with XXXX around XX/XX/XXXX for ( 1 ) wall to wall carpeting of 2 rooms, ( 2 ) installation of a hall runner carpet, and ( 3 ) installation of window treatments in 2 rooms. 

* Order total was {$3900.00} and a {$3000.00} deposit was charged to her credit card on XX/XX/XXXX * XXXX made appointments to install the hall runner carpet on 3 occasions. On each occasion, she had to skip work and wait half to a full day for XXXX 's reps to arrive. On each occasion, XXXX 's reps did not have the required carpets and/or tools to install the agreed and contracted hall runner. 

* The only services XXXX performed regarding the hall runner was to place masking tape border/edge marks around the hallways of the house where the carpet was to be installed. 

* On XX/XX/XXXX, the final occasion XXXX arrived at the house to install the hall runner, XXXX demanded a {$900.00} payment on the account before they would proceed. 

* It was expressly noted and agreed upon that the {$900.00} payment was specifically for the installation of the hall runner carpet. 

* This {$900.00} was paid using a check from my check book, even though the agreement ( and all paperwork, contracts and communication ) were between my girlfriend and XXXX, and the contract was in my girlfriend 's name. 

* After the {$900.00} was paid, the representative from XXXX informed my girlfriend ( for the 3rd occasion ) that he did not have the required carpets and/or tools, and that the agreed upon hall runner could not be installed that day. 

* This was the third time this same scenario had played out ( XXXX arrived, she lost half a day of work waiting for them, and they did n't have the required goods after having rescheduled for the same reason ). At this point, my girlfriend became very suspicious of XXXX and formed the belief that they were in fact unable to install these carpets and that this job was too specialized and/or complex for them, but they had misrepresented their product suite , and agreed to it anyway, so that they could secure the most lucrative elements of the order ( i.e. the window treatments ), with the knowledge they could not complete this element of the agreement. 

* Immediately after the facts in Para 7, she informed XXXX 's representative that she was cancelling the order immediately, that she would demand a refund, and that she reserved the right to contact the Better Business Bureau and file online reviews about their conduct. She specifically instructed them not to cash/bank the check as the order was procured fraudulently ( demand of " cash on delivery '' for goods the representative did not have in his truck ). My girlfriend told the representative that the check would be stopped as a security measure, as she did not trust the representative 's promise to not cash it and fully cancel the order. She asked XXXX 's employee to leave the property. 

* Note that in XXXX 's own accounting ( which is provided in the appended emails ), they specifically noted the {$900.00} payment as " cash on delivery '' payment, as was the preceding {$3000.00}. It is quite clear that " cash on delivery '' requires " cash '' and " delivery '' -- in this case there was no " delivery '' and " cash on delivery '' had been demanded, even though the XXXX representative knew he did not have the goods to deliver. 

* As nothing had been delivered after the {$900.00} cash on delivery payment was made, I suspected fraud and called XXXX XXXX to stop payment on the check. 
Representatives at XXXX XXXX XXXX were made aware of all these facts, the circumstances of the check and XXXX 's actions, and they agreed that I should stop payment and that they would pursue all measures they could to recover my money. 

* XXXX banked/cashed the check 3 days later on XX/XX/XXXX, and the {$900.00} was debited from my account. 

* After my girlfriend cancelled her contract with XXXX, they refunded her credit card {$1700.00} on XX/XX/XXXX. 

Prior collection activity : * The company that XXXX used to cash the check and pay them then filed a collection with XXXX XXXX XXXX XXXX * Even though the underlying contract was in my girlfriend 's name and all communication to that point was with her, I received a notice of collection ( in appended email ) from XXXX XXXX XXXX around XX/XX/XXXX demanding payment of {$900.00} * I initiated contact with XXXX 's customer service department to resolve the collection as it had been made very clear to them that the check was stopped as XXXX did n't trust them not to bank it after they were fired from the job at the house. At this point, after repeated communication, they stonewalled around the collection and attempted to pass it off as a matter between the check company and me, as opposed to a matter between my girlfriend and them, and refused to acknowledge they took cash for a delivery as part of a " cash on delivery '' arrangement, with knowledge they did not have the goods to deliver. 

* Even though the dispute should be between the company that cashed the check and with XXXX, they pursued me. 

* I disputed this collection with XXXX XXXX XXXX XXXX and informed them of the facts, and that the contract that underlay the alleged debt was between XXXX XXXX and my girlfriend, not between XXXX XXXX and me. 

* XXXX XXXX XXXX dropped the matter, ceased mailing me, and did not make any notation on my credit report. 

Recent collection activity : * I noted in XX/XX/XXXX that XXXX XXXX XXXX filed a collection on my credit report regarding an alleged {$900.00} debt to XXXX XXXX XXXX. 

* The facts related to that {$900.00} are set out above, and I vigorously deny any underlying debt or contract between XXXX and me. 

* XXXX XXXX has not sent any letters about this matter, and has not contacted or attempted to contact me in any way. 

* I suspect XXXX XXXX is using frivolous and baseless filings with the credit reporting agencies as a fraudulent attempt to solicit a payment from me on a note they know or should have known has no basis.

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