Consumer complaint received 2023-06-28
Company: MOHELA
State: GA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account status incorrect

Complaint:
MoHELA reported inaccuracies throughout all credit bureaus XXXX, XXXX and XXXX XXXX. 
In accordance with the Fair Credit Reporting Act. The List of Accounts below has violated my federally protected consumer rights to privacy and confidentiality under USC 1681. 

Account name # XXXX Department of Education Account XXXX XXXX {$52000.00}. 
Account name # XXXX Department of Education Account XXXX XXXX {$17000.00}. 
Account name # XXXX Department of Education Account XXXX XXXX {$17000.00} Account name # Mohela/ Department of Education Account XXXX XXXX {$17000.00} 15 U.S.C 1681 Sec. 602 A. States I have the right to privacy. 

15 U.S.C 1681 Sec. 604. Sec.2 : It also states a consumer reporting agency can not furnish a account without my written instructions 15 U.S.C 1681 c. ( a ) ( 5 ) Section States : no consumer reporting agency may make any consumer report containing any of the following items of information any other adverse item of information, other than records of conviction of crimes, which antedates the report by more than seven years. 

15 U.S.C. 1681-s ( A ) ( 1 ) A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is in accurate.

WHAT YOU NEED TO KNOW : 1. Your financial institutions is obligated to produce per consumer request the original instrument of indebtedness in its original form upon full settlement of the debt.

2. I want to settle the account ( s ), however you are dishonoring my will. Your company has overlooked or ignored my previous request to confirm that you would accept full payment of the alleged obligation from me in consideration of your delivery to me of the original instrument of indebtedness in the original form. 
XXXX. I believe your financial institution violated the Equal Credit Opportunity Act ( 15 U.S.C. Sec. 1691 et.al ) Regulations B ( 12 CFR Part 1002, et.al ) and 12 CFR Sec. 701.31 ( NCUA ) 4. I believe your financial institution violated The Fair Credit Reporting Act ( 15 U.S.C Sec.1681 ( a ), et al ) ( 15 U.S.C. Sec.1692 et al. ).

5. I believe your financial institution violated the Truth in Lending Act ( 15 U.S.C Sec 1601 ). Regulations Z ( 12 CFR Part 1026. et al. ) and the Fair Credit Billing Act ( 15 USC Sec.1666 ).

6. I believe your financial institution violated NCUA regulations, sec 701.21, 701.31 and 723.

7. I believe your financial institution violated the Fair Debt Collection Practices Act ( 15 U.S.C. Sec. 1692, et al ).

a. Please provide me with copies of all correspondence between your agency and MOHELA/ US DEPATMENT OF EDUCATION , including all loan documents and, any documents you have in your procession, bearing my legitimate signature between you and the alleged creditor you claim to be representing in your initial communication to me. 
b. Please provide me with the complete name and address of the original lender and/or creditor and all correspondence you have in possession related to these alleged loans. 
c. Please provide me with the exact location of my purported loan documents, signed by me including a direct phone number and, If your office can provide the original instrument of indebtedness in its original form, I will require at least 30 days to investigate the information, and during such time all collection activity must cease and desist. Also, during this violation period, if any action is taken which could be considered detrimental to any of my credit reports,, I will consult with my legal counsel for the suit. This includes listing any information with when in fact there is no provided proof that it is accurate and/or I will be forced to seek monetary damages for each violation that your financial institution violated. 

Be advised, unless I receive your written confirmation of this formal request for validation sent in an attempt to correct your records any information obtained shall be used for that purpose. I demand that these items be investigated and removed from my credit report. It is my understanding that you will recheck items with the creditor who has posted them. Please remove any information that the creditor can not verify. I understand that under 15 U.S.C Sec. 1881i ( a ), you must complete the investigation within 30 days of receipt of this letter.

Please send an updated copy of my credit report to the above address. According to the act, there should be no charge to update my credit report. I also request that you please send notices of corrections to anyone who received my credit report in the past six months.

None of this states student loans so in that case please immediately remove from credit file because what you are reporting is against the law. 

Failure to completely respond will also result in an FDCPA action being filed against your company in the appropriate forum.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation