Consumer complaint received 2019-01-19
Company: Exeter Finance Corp.
State: IN
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:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX, IN XXXX XX/XX/XXXX Exeter Finance XXXX. XXXX  XXXX XXXX, TX XXXX XXXX : Acct # : XXXX To W

hom It May Concern : This is a Notice of Direct Dispute with you, under the provisions of FCRA 623 ( a ) ( 8 ) ( D ), of the accuracy and/or completeness of information you have posted to my credit file.

I am sure we both understand that most disputes are often conducted using software, such as XXXX, and that mistakes can be made during that process, and that the software can have limitations when it comes to completing a proper investigation of records. I am disputing the following information directly with you, the furnisher of information, and I am requesting that you conduct an investigation as outlined in the FCRA Section 623. 

On separate occasions, I have disputed with all credit bureaus ( XXXX, XXXX, and XXXX included ) pertaining to an auto loan with Exeter Finance Acct # XXXX for the date of last activity, payment history, status and the disputes returned verified. After some further investigation on my part, I am also concerned that this account may not belong to me, and/or the reporting to XXXX, XXXX, and XXXX may be inaccurate and incomplete. 

In compliance with FCRA 623 ( a ) ( 8 ) ( D ), and enacting regulations published at 74 Fed Reg 31484 ( XX/XX/XXXX ), 16 CFR 660.4, this Notice of Direct dispute includes the following : -Validation of account # XXXX -Payments history is inaccurate and varies across all credit bureaus -Deficiency Balance Claim Basis for This Direct Dispute : Validation of account # XXXX Due, to so many inaccurate reportings, by Exeter finance and in a final attempt to either validate this account completely and/or have this account, in its entirety, removed from my credit files. I demand Exeter finance to clear the record by providing the information listed below : - Verifiable and irrefutable evidence of payments made o Since you have proven to not be a good record keeper and have shown how predatory you can be towards my credit files. I demand for you to provide me with factual account details for Acct # XXXX, as well as, factual verifiable account and transaction details of Exeter finances Personal/Business Account ( showing precisely what date payments went into your account, how they went it and via what method the payments/late payments went into Exeters account with ). 
- Factual history of payments/late payments - Methods of validation you used to validate this account, its information and its payment/late payment history with all credit bureaus during each dispute within the past 6 months. 
- I also demand to see how payments, were allocated towards this account Acct # XXXX, as well as, how payments were allocated toward principle and interest amounts. ( Not just a regular account notice. I want to see what percentage of payments went to each, for all payments late and on-time ) - Per your website it says ( 4 ) extensions were granted. Pursuant to Sec. 36a-784. ( Formerly Sec. 42-97 ). Renewals and extensions. Whenever any sales finance company or retail seller renews or extends the installments remaining unpaid so that the retail installment contract is both extended beyond its original date of final payment and the installments are reduced or increased in amount, such renewal or extension agreement shall be in writing. Please provide documentation of such. In addition, please provide documentation of how these were calculated into my payments, balance or account period. If you unable to provide any of the information listed in this paragraph, please correct any applications of this towards any and all balances. 
- I demand proof of contractual obligation, liability waivers, etc. ( Any and all signed documents ) - If you claimed a XXXX please provide copies of such documentation as well any documentation that would prove that it should not be rescinded. 





Payments history is inaccurate and varies across all credit bureaus : Payment dates/Late payment dates ; were verified by you as accurate, changed, and then re-verified multiple times. 

- Per the information listed for this account Acct # XXXX on your website and in accordance with the payment notifications listed there or lack thereof, accounting shows ( 28 ) payments made, but the payments, you have verified with each of the credit bureaus only shows that you have applied, at most, ( 23 ) payments. Where are these other payments? How did they disappear? Where would they go? And if applied elsewhere please provide my consent and notices from Exeter indicating such. 

- Furthermore, each time I have disputed this account, you have change the payment dates/late payments dates. How can you verify the information as accurate with the credit bureaus then change the late payment dates and re-verify then change the payment dates again? 

- Each of the credit bureaus has a different variation of payment history for this account. Each Dispute produced different variations of what was supposed to be verified, as of the 1st dispute. 
- Date of First Delinquency : have been reported as one date, changed, and then verified and changed again. According to the various, ever changing payment/late payment dates the Date of 1st delinquency could be any of about 4 or 5 different dates .This is classified as re-aging an account which is in violation of FCRA Section 623 ( A ) ( 5 ) In addition, Provide valid dates of : - when you claimed repossession/ took possession of the vehicle listed under this account - when charge off officially took place. 
- Also, accurately verified open and closed dates of this account - Also, Ive never mailed in payments on any account before, as well as the account I had at this time did not have checks attached to it. Exeter account shows a mailroom payment listed on the account shown as : XX/XX/XXXX XX/XX/XXXX Payment Received - Thank you. Mail Room - Bank Account {$360.00} o Please provide copies of this payment account number/name on account/authorization/payment method, as well, Exeter Finances own bank and transaction records to verify the validity of this payment. If  payment method was money order/check please provide copy of check/ money order showing a signature and a tracking/account number name etc. I do believe this payment to be illegal and in violation. 
- XX/XX/XXXX there was a fee waive shown as : XX/XX/XXXX XX/XX/XXXX Fee Waived - Thank you ( {$480.00} ) o Please provide information on what this fee/payment was for and how it was paid, who paid it, as well as an explanation to why a payment is being made in XX/XX/XXXX? 
Please clarify the record, provide correct dates for all 3 credit bureaus reporting as well as a correct payment history for the account. 

Your failure to in providing the irrefutable proof listed in all sections before this, will show your unwillingness to validate this account. 
If you are unable to perform a reasonable investigation, or you are unable to locate the necessary documents to investigate my dispute ( s ) ; then you are required by the FCRA to remove the negative information from my credit reports, which can also include complete removal of the account. 

If you were able to conduct a proper investigation of the records for this account, and have identified the information that was being incorrectly reported, please update that information on my credit reports to reflect the accurate information found during your investigation. Please be sure to make sure everything you report is valid and true. 

Under the provisions of FCRA 623 ( a ) ( 8 ) ( E ), you have the duty to review all of the information in this Notice of Dispute, to complete your investigation, and report back to me the results of your investigation, within 30-days of my Notice of Dispute. 

Also, be advised during the years your company has also made multiple violations per FDCPA - Contacted a relative and mentioned details of this debt - Contacted my place of employment mentioning details of this debt Best Regards, XXXX XXXX Cc : CFPB Cc : FTC Cc : XXXX Cc : XXXX Cc : XXXX Cc : XXXX Cc : XXXX Cc : XXXX Attorneys General Office Pursuant to Sec. 36a-784. ( Formerly Sec. 42-97 ). Renewals and extensions. Whenever any sales finance company or retail seller renews or extends the installments remaining unpaid so that the retail installment contract is both extended beyond its original date of final payment and the installments are reduced or increased in amount, such renewal or extension agreement shall be in writing. Such sales finance company or retail seller may, any law to the contrary notwithstanding, make or collect a total additional charge therefor not exceeding an amount equivalent to a true rate of interest of twelve per cent per annum on the respective descending balances computed from the date of the oldest unpaid installment existing prior to such renewal or extension. When the renewal or extension does not include both an extension beyond the original date of final payment and a reduction or increase in the amount of the installments, such sales finance company or retail seller may make a total additional charge therefor up to the maximum lawful contract rate of interest permitted under the laws of this state but not exceeding twelve per cent true interest per annum, on the payment or payments extended for the period or periods of the extension. 


Disputes to Furnishers : You must investigate a consumers dispute if it relates to : the consumers liability for a credit account or other debt with you. For example, disputes relating to whether there is or has been identity theft or fraud against the consumer, whether there is individual or joint liability on an account, or whether the consumer is an authorized user of a credit account ; the terms of a credit account or other debt with you. For example, disputes relating to the type of account, principal balance, scheduled payment amount on an account, or the amount of the credit limit on an open-end account ; the consumer 's performance or other conduct concerning an account or other relationship with you. For example, disputes relating to the current payment status, high balance, date a payment was made, amount of a payment made, or date an account was opened or closed ; or any other information in a consumer report about an account or relationship with you that affects the consumer 's creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or lifestyle. Furnisher Rule 660.4 ( a ) Notes : Section 623 of the Fair Credit Reporting Act ( FCRA ), enforceable under the Fair and Accurate Credit Transactions ( FACT ) Act ; affords consumers the right to request that the furnisher of information conduct a reasonable investigation into the completeness and accuracy of the information being reported to the credit bureaus. Furnishers of information ( especially OCs ) are required under Section 312 of the FACT Act to establish and maintain guidelines on the accuracy and integrity of information furnished to credit bureaus, which means they should be able to conduct a proper investigation or records. 

Failure to perform a reasonable investigation can constitute legal action under the FCRA, Section 616, for willful non-compliance. Case law establishing liability of reporting inaccurate information was established in XXXX v. XXXX and XXXX v. XXXX XXXX. Failure to conduct a reasonable investigation can also lead to complaints being filed with your states Attorney General, the Federal Trade Commission and the Consumer Financial Protection Bureau. 


Guidelines for Policies and Procedures You must establish and implement written policies and procedures regarding the accuracy and integrity of information you furnish to a CRA. Guidelines are in Appendix A to XXXX XXXX XXXX XXXX. Read the Appendix ; the information here is just a sample. 
Your policies and procedures : must be appropriate to the nature, size, complexity, and scope of your activities ; must be reviewed periodically and updated, as necessary ; should ensure that information provided to a CRA is for the right person, and reflects the terms of the account and the consumer 's performance on the account ; require maintenance of records for a reasonable amount of time ; establish internal controls for the accuracy and integrity of information, such as through random sampling ; prevent re-aging ( inaccurately changing the date of first delinquency on a consumers account to a later date ) and duplicative reporting, particularly following portfolio acquisitions or sales, mergers, and other transfers ; and require updating of furnished information where necessary. 
Information should : be substantiated by your records when it is furnished ; include consumer identifiers, like name ( s ), date of birth, Social Security number, telephone number ( s ), or address ( es ) ; and be furnished in a standardized form and specify the time period it pertains to. 

If you dont comply with the FCRA, you may be sued by the FTC, Consumer Financial Protection Bureau ( CFPB ), state governments, or in some cases, consumers. The FCRA provides for maximum penalties of {$3800.00} per violation in the case of lawsuits brought by the FTC. FCRA 616, 617, 621 Deficiency Notice XXXX XXXX XXXX XXXX XXXX XXXX XXXX, IN XXXX XX/XX/XXXX Exeter Finance XXXX. XXXX XXXX XXXX, TX XXXX Acct # : XXXX To Whom It May Concern : Under the laws of the State of Indiana UCC 9-506 and State RISA and MVISA statutes a deficiency can not be claimed unless all of the required notices were properly and timely given, and all of the allowable redemption and cure time limits were adhered to. 
Please provide copies of the legal notices, dates mailed, not dates listed on a piece of paper Ive never seen before and proof of the commercially reasonable manner of the resale of the subject vehicle, a security agreement that shows I owe the debt and proof that you upheld your part of the security agreement and a liability waiver. 
If you singularly or severally fail to comply with the above requests, I reserve the right to seek damages against all parties, under all available State and Federal statutes and UCC - 9 remedies If no such proof is provided within 15 days from receipt of this notice, the alleged claim of a deficiency will be considered null and void, and any continued collection activities, or continued reporting of this invalid claim on my credit reports will be considered a violation of the FDCPA and FCRA. 


Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation