Consumer complaint received 2018-02-19
Company: HEARTLAND PAYMENT SYSTEMS INC
State: MA
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:
My inquires to XXXX, and XXXX  XXXX confirmed that both have never validated or verified the installment loan entries on my credit report pertaining to XXXX XXXX XXXX, account : XXXX in the amount of {$9200.00}. In XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX, sent through certified mail, I mailed letters to XXXX in order to dispute the validity and reporting status of this account. I cited that according to section 616 and 617 of the FCRA that if this account was not verified, then by law it should be deleted from my credit report. Despite three written requests, the unverified account still remained on my credit report in violation of Federal Law. XXXX is required by federal law under the FCRA to have a copy of the original documentation on file to verify that this information is mine and is correct. In the results of the investigation, XXXX stated, in writing that they verified that this item was being reported correctly. I was not informed as to who verified the accounts, and more importantly, I was not provided with a copy of any original documentation. This documentation would be a consumer contract, or a business agreement with my original signature on it as required under Section 609 ( a ) ( 1 ) ( A ) and Section 611 ( a ) ( 1 ) ( A ) of the FCRA. After conducting extensive research or my own, I have found that the account is being reported inaccurately, and equally as important, that by listing and reporting this item on my credit report, XXXX XXXX is in direct violation of the FCRA. I have attached several documents that will prove the following : Firstly, that the account in question was verified by the original creditor ( XXXX XXXX XXXX ) as having been paid in full due to a refinance in XX/XX/XXXX. According to my most recent XXXX   credit report, XXXX XXXX continued to report the account as a collection well through XX/XX/XXXX. Also, according to my most recent XXXX credit report, XXXX  XXXX is reporting this account as having a late payment status. This is both inaccurate and negligent, as that accounts payment status should clearly state Paid, Closed or Pays as agreed. 

Secondly, that XXXX XXXX  ( The organization reporting this account to the credit bureaus ) does not have the right to report this information, as they are not the original servicer of this loan, and they do not have any of my original documentation of file as required by law. They do not have a contract with my original signature on it. They do not have a contract that states that I consented to a relationship with them, business or otherwise. They do not have either of these items at their physical location, or in their physical possession in the form of an original or E-Signature. Ive attached a document that shows the recent correspondence that I had with XXXX  via their customer service chat portal. It is clear that I was asking for the original documentation in the form of a signed Promissory note or E-signature, and they themselves confirmed that they do not have any or these records on file for me and that if I need them that I would have to obtain them from the original source. Again, per the FCRA, Section 609 ( a ) ( 1 ) ( A ), you are required by federal law to verify through physical verification of the original signed consumer contract and/or judgments all accounts and public information that you post on anyones credit report. Otherwise, anyone paying for reporting to your services could fax, mail, or email in fraudulent and erroneous account information. Furthermore, if the organization reporting this information does not have said documentation on file, then they are in direct violation for the FCRA, they do not have the right to report this information, under my name and social security number, to the credit reporting agencies, and this account should be deleted. 

Lastly, XXXX should be forced to follow the laws that protect consumers from negligence such as this. The inaccurate reporting of this account has caused me time, money, and opportunities. Deleting this account from all 3 credit bureaus is the least that can be done in order to resolve this issue.

Company response to consumer: Closed with explanation