Consumer complaint received 2021-04-16
Company: Bepensa Capital, Inc.
State: IL
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: Was not notified of investigation status or results

Complaint:
Dear Sir/Maam : I am submitting a complaint with your department as a last resort. I have tried to work with XXXX, Credito Real Finance USA FKA AFS Acceptance LLC and XXXX for over a year to try to fix errors on my reports with minimal success. During the last year I have been forced to pay higher interest rates, higher insurance rates, been denied for credit cards and could not apply for a mortgage that I would have otherwise qualified to secure. They have ignored my request to provide me with the documents that their company has on file that was used to verify information on my account with Credito Real Finance USA FKA AFS Acceptance LLC Account #. They failed to provide me with payment status, dates and a contact person at Credito Real Finance USA FKA AFS Acceptance LLC. Both bureaus are reporting this account differently and we all know that's not possible. It has been over 30 days since I have requested a letter of verification from XXXX and still have not received the information, I requested on XX/XX/XXXX. By not verifying the information as accurate and providing a method of verification that I requested, under Section 611 ( 5 ) ( A ) ( i ) of the FCRA they are required to promptly delete that item of information from the file of the consumer. I have disputed the inaccurate and unverified information listed on this account multiple times with XXXX  and XXXX  with no success. Please help resolve this problem as soon as possible.

Upon investigating my three credit reports, I was saddened to see that there were numerous errors on all three of my reports. I decided to file disputes with all three credit bureaus using what I thought was the right way of disputing errors on a credit file. I submitted numerous disputes online with all coming back as Verified as Reported and some with more incriminating updates added to my files. I have learned through trial and error that when you dispute inaccurate information on a credit file online you give up certain rights. You do not have important dates documented and most importantly you lose the right of the credit reporting agency having to show the method of verification. Shame on me, for not completely understanding the process and thinking the credit reporting agencies really care if the information is accurate, they just want to push the disputes/verifications through as quickly as possible. Disputes # 1 - XX/XX/XXXX, Dispute # 2 - XX/XX/XXXX and Dispute # 3 - XX/XX/XXXX were conducted online so if further verification is needed, I am sure XXXX can fill in the details. 

XX/XX/XXXX I Called Credito Real USA Finance FKA AFS Acceptance LLC at XXXX XXXX ) XXXX as instructed to do on my results dated XX/XX/XXXX ( Exhibit I ) and disputed the same account on XXXX credit report online. I called Credito in XX/XX/XXXX and talked to a person named XXXX to inquire about the charge off, the late payments and the delinquency date listed on my XXXX  and XXXX credit reports. I also asked about title to my XXXX XXXX XXXX that was now paid off through my repayment plan. I tried to explain that the information they were providing to XXXX  and XXXX was incorrect and they should remove the inaccurate information. I was transferred to the collection department and the operator told me the payments were late and they were not taking them off my credit reports. The operator told me to dispute these inaccuracies with the credit bureaus. I asked about the title to my car and I was told that it was sent to XXXX XXXX XXXX and that they did not have the title to my car anymore. 

Dispute # 4 sent certified letter XX/XX/XXXX and I received the results dated XX/XX/XXXX. " Verified as reported correctly ''. 

Dispute # 5 sent certified letter Requesting Methods of Verification based off the result from Dispute # 4. Sent letter XX/XX/XXXX signed for on XX/XX/XXXX. I sent another letter to XXXX, Certified Mail Return receipt on XX/XX/XXXX ( Exhibit N ), I included a copy of the letter I sent dated 1/23/21 and all supporting documentation I previously sent to them. I requested a Method of Verification Letter for my dispute of the inaccurate information Credito Real Finance USA FKA AFS Acceptance LLC has been listing on my credit files. I am absolutely, certain that Credito Real Finance USA FKA AFS Acceptance LLC Account #, I disputed, is incorrect and should be immediately removed from my XXXX  and XXXX credit files. I exercised my rights under FCRA 611 ( a ) ( 7 ) to request a complete description of all methods used to investigate my dispute. I asked for a complete list of all documents and correspondences with Credito Real Finance USA FKA AFS Acceptance LLC used to verify Account #. I asked for a list of all names and contact information of employees spoken with at Credito Real Finance USA FKA AFS Acceptance LLC as part of this investigation. I explained to XXXX that I am asking for this verification because my credit score is important to me and I believe it is being unjustly degraded as a result of this account being reported incorrectly on my credit files. I requested that they not send me a template letter in response to my request for the methods used to verify this account. I explained that I expected to receive a response within 15 days of receipt of the letter, as stated in Section 611 ( a ) ( 7 ) or I expected Credito Real Finance USA FKA AFS Acceptance LLC Account # to be permanently expunged from my record. 

XXXX signed for the Certified Mail Return receipt letter I sent requesting Method of verification on XXXX. 

15 days -- -- -- -- -- -- XXXX -- -- -- -- -- -- -- -No response Results dated -- - XX/XX/XXXX -- -- -- -- -- -- No method of Verification attached 30 days -- -- -- -- -- -- XXXX -- -- -- -- -- -- -- -No response XXXX Results Dated XX/XX/XXXX Received XX/XX/XXXX XXXX Confirmation # XXXX ( Exhibit O and P ). 
The result came back as We have verified that the item has been reported correctly. Nothing changed compared to the results fromXXXX except the address of AFS Acceptance LLC changed to XXXX XXXX XXXX XXXX FL XXXX XXXX XXXX FL XXXX. The reason that I have included this is because I sent out another letter to Credito Real Finance USA FKA AFS Acceptance LLC at XXXX XXXX XXXX XXXX, XXXX XXXX FL XXXX, the Address that was listed on my results dated XX/XX/XXXX ( Exhibit L ). The letter was returned back to me with wrong Address written on the envelop and a sticker from the US Postal Service stating, Return to Sender, No such Number, Unable to Forward ( Exhibit Q ). The FCRA Section 623 prohibits information furnishers from providing information to a CRA that they know or have reasonable cause to believe is inaccurate. Credito Real Finance USA FKA AFS Acceptance LLC was knowingly furnishing inaccurate information since at least XX/XX/XXXX ( Exhibit H ). 

I am submitting a complaint with your department as a last resort. I have tried to work with XXXX, Credito Real Finance USA FKA AFS Acceptance LLC and XXXX for over a year to try to fix errors on my reports with nearly no success. Please help me resolve this issue. I have been disputing Credito Real Finance USA FKA AFS Acceptance LLC Account # online, on the phone and by certified mail for over a year now. Both XXXX and Credito Real Finance USA FKA AFS Acceptance LLC have been violating the Fair Credit Reporting Act ( FCRA ) Sections 611 and 623 on numerous occasions throughout the past year.

I have had to endure re-aging of my account by both XXXX  and Credito Real Finance USA FKA AFS Acceptance LLC. The actual date of delinquency should be listed as XX/XX/XXXX which would make this account over 7 years old and should have been removed from my credit reports in XXXX, when I began disputing this account. I have had to endure a charge off appearing on my reports years after the account was being paid as outlined in my Wage Earners Payment plan. I have had to endure blatant disregard for the laws outlined in the FCRA and enforced by the CFPB. I have had to endure the embarrassment associated with being denied credit, ( credit cards, auto loans, personal loans, and even a mortgage ). I have had to endure higher interest rates, higher insurance rates and higher health insurance premiums. I have had to endure spending money on Certified letters only to have them returned to me because incorrect addresses are being reported on my credit reports. I have had to endure losing over {$55000.00} dollar in equity by not being able to secure financing for a house selling well below market value at XXXX. I must endure renewing my lease, that expires in XX/XX/XXXX, for another year, at a {$300.00} per month increase each month ( 25 % increase during our current Pandemic ). I must endure the sleepless nights, that have become a problem for me, since I have received the photo copied results without the Methods of Verification. I must endure the look in my daughters eye when I tell her that I can not help her with her homework because I must do the job of the CRAs and Furnishers of information to CRAs because they consciously violate the laws governing the Fair Credit Reporting Act.

PLEASE help me get this derogatory, costly and very damaging account permanently removed from my XXXX and XXXX credit files.

Thank You P.S. I have been experiencing almost the same responses when I disputed this account through XXXX

Company response to consumer: Closed with explanation