Consumer complaint received 2023-09-26
Company: EQUIFAX, INC.
State: MO
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 hope this letter finds you in good health. I am writing to express my dissatisfaction and concern regarding the inclusion of a charge-off, which was discharged through bankruptcy, and a related public record on my credit report. It has come to my attention that these entries are negatively affecting my creditworthiness, despite being legally discharged as part of my bankruptcy proceedings. 

I filed for XXXX  XXXX Bankruptcy Reference # : XXXX Closing Date : XX/XX/XXXX, and XXXX  XXXX Bankruptcy Reference # : XXXX Closing Date : XX/XX/XXXX and my bankruptcy case was successfully discharged. As per the bankruptcy laws in our jurisdiction, the discharge of my bankruptcy case should have resulted in the removal of any associated charge-offs, late payments, and public records from my credit report. 

To my surprise and dismay, my recent credit report from your agency still reflects the charge-off associated with the bankruptcy and a related public record. This is not only inaccurate but also in violation of the Fair Credit Reporting Act ( FCRA ) and the guidelines set forth by the credit reporting industry. 

I kindly request the immediate removal of the charge-off and the related public record from my credit report, as they are no longer legally valid or relevant after my bankruptcy discharge. The inclusion of these entries on my credit report is not only misleading but also severely impacts my ability to rebuild my financial stability and access credit on fair terms. 

I understand that it is the responsibility of credit reporting agencies to ensure the accuracy of the information they report, and the FCRA explicitly states that discharged debts in bankruptcy should not be reported negatively. Therefore, I request that you take immediate steps to correct this error and provide me with a written confirmation of the removal within the legally mandated timeframe. 

Failure to address this issue promptly will leave me with no choice but to escalate my complaint to the relevant regulatory authorities and seek legal action to protect my rights as a consumer. 

I am enclosing copies of the relevant bankruptcy discharge documents and any other necessary documentation to support my claim. Please consider these documents as evidence of the discharge of the mentioned debts. The following items are needs to be removed in my credit file, with that I am asking for your assistance : XXXX. XXXX XXXX XXXX Balance Owed : {$2400.00} - I requested an investigation and the removal of the charge-off status. No changes were made. No investigation was conducted at all. You had optimal time to review this matter and make the appropriate corrections, you elected not to. Please remove this item immediately. 

XXXX. XXXX XXXX XXXX Balance Owed : {$0.00} - The limit to this account was a fraction of the amount due it was stating. That is utterly unfathomable! Had a proper investigation been conducted you would have seen the error and corrected it immediately. You failed to do your job ; you must now REMOVE THIS ITEM ALTOGETHER. 

XXXX. XXXX XXXX Balance Owed : {$5700.00} - I believe this account is reporting inaccurately. I do not recall ever having a legal obligation with this company nor do I believe one exists. Please provide me verifiable proof this account belongs to me. I request a signed contract which is the ONLY LEGAL authority that stipulates an agreement. Please remove it. 

XXXX. XXXX XXXX XXXX Balance Owed : {$0.00} - I would like you to review the docket number and type of public record because I have a feeling it is violating the Fair Credit Reporting Act. Please remove this account included in bankruptcy for violating the Fair Credit Reporting Act. 

XXXX. XXXX  XXXX Bankruptcy Reference # : XXXX Closing Date : XX/XX/XXXXXXXX  - I did not file a XXXX  XXXX bankruptcy with the courts. When I spoke with the court clerk that did not have records. Please provide the contact information of the 3rd party data furnisher that provided you as the credit reporting agency with this misinformation so I XXXX contact them directly. 

XXXX. XXXX  XXXX Bankruptcy Reference # : XXXX Closing Date : XXXX I did not file a XXXX  XXXX bankruptcy with the courts. When I spoke with the court clerk that did not have records. Please provide the contact information of the 3rd party data furnisher that provided you as the credit reporting agency with this misinformation so I may contact them directly. 

XXXX. XXXX  XXXX Bankruptcy Reference # : XXXX Closing Date : XX/XX/XXXXXXXX  - This bankruptcy file date is wrong and this bankruptcy is out of statute for reporting on a credit report. And it should no longer be reported because it is past the 10 years statute of limitations that a credit bureau can report. Please update the filing date and then remove it. 

XXXX. XXXX  XXXX Bankruptcy Reference # : XXXX Closing Date : XX/XX/XXXX - I did not file a XXXX  XXXX bankruptcy with the courts. When I spoke with the court clerk that did not have records. Please provide the contact information of the 3rd party data furnisher that provided you as the credit reporting agency with this misinformation so I may contact them directly.

Company response to consumer: Closed with explanation