Consumer complaint received 2023-10-09
Company: Experian Information Solutions Inc.
State: FL
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:
To Credit Bureaus Re : XXXX XXXX Auto Loan | FORMAL COMPLAINT AGAINST CREDIT BUREAUS DELETE DISCOVERY OF BANK AND DEALER FRAUD W/ RATE AND PAYMENT AMOUNT XXXX XXXX XXXX AUTO LOAN ACCOUNT # XXXX BALANCE {$0.00} | BEING REPORTED AS {$31000.00} XX/XX/XXXX I would like to make a Formal Complaint on the Credit Bureau ( s ) based on recent Activity on my credit report and the outcome of my disputes. 
The XXXX XXXX XXXX is and Has been Breached due to the Discovery of Forgery and Fraud committed by the XXXX XXXX XXXX XXXX XXXX XXXX. 
Supporting Paperwork was sent in to Show the XXXX Police Report where the XXXX Police Report CLEARLY STATES : Fraud was discovered along with forged signatures and paperwork not signed me I have requested to REMOVE this account from my account based on the submission of Proof of Fraud The Credit Bureau Continues to Allow the Creditor XXXX to validate the Debt and make updates on a closed and charged off account, which should have removed all history and had no activity after the Charge off date of XX/XX/XXXX. There is no monthly reporting which should have occurred. 
Id like to File a Formal Complaint Against : XXXX XXXX XXXX A Formal Police report which states that the Account was breached by Fraud and Forgery was submitted and Each Bureau Listed above continues to not only report the account. Also allow the creditor to make continuous updates on the credit report which differ drastically which show signs of credit manipulation, incorrect information and proof that the Creditor continues to verify invalid information. 

The Police Report clearly states that the Investigation was Transferred to the Jurisdiction of the Dealership as well as sent to the State Attorney to investigate. 

The XXXXXXXX XXXX Loan was BREACHED and entitled to Revocation upon the Finding ( s ) of Dealer Fraud. XXXX XXXX  was to Close and Remove the account once it was made aware by Law Enforcement ( 3 Jurisdictions XXXX, XXXX and State Attorney ) Its Even Made Clear in the Code of Federal Regulations PART 1011PURCHASERS ' REVOCATION RIGHTS, SALES PRACTICES AND STANDARDS ( REGULATION K ) Authority:12 U.S.C. 5512, 5581 ; 15 U.S.C. 1718.

Source:76 FR 79522, Dec. 21, 2011, unless otherwise noted.

240.15c1-2 Fraud and misrepresentation.

( a ) The term manipulative, deceptive, or other fraudulent device or contrivance, as used in section 15 ( c ) ( 1 ) of the Act ( section 2, 52 Stat. 1075 ; 15 U.S.C. 78o ( c ) ( 1 ), is hereby defined to include any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person.

( b ) The term manipulative, deceptive, or other fraudulent device or contrivance, as used in section 15 ( c ) ( 1 ) of the Act, is hereby defined to include any untrue statement of a material fact and any omission to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading, which statement or omission is made with knowledge or reasonable grounds to believe that it is untrue or misleading. 

The XXXX Florida Statutes Title XXXIII REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS Chapter 501 CONSUMER PROTECTION 501.204Unlawful acts and practices.

( 1 ) Unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful.

( 2 ) It is the intent of the Legislature that, in construing subsection ( 1 ), due consideration and great weight shall be given to the interpretations of the Federal Trade Commission and the federal courts relating to s. 5 ( a ) ( 1 ) of the F
ederal Trade Commission Act, 15 U.S.C. s. 45 ( a ) ( 1 ) as of July 1, 2017.

History.s. 1, ch. 73-124 ; s. 1, ch. 83-117 ; s. 4, ch. 85-63 ; s. 2, ch. 90-190 ; s. 3, ch. 93-38 ; s. 2, ch. 2001-39 ; s. 23, ch. 2001-214 ; s. 2, ch. 2006-196 ; s. 4, ch. 2013-207 ; s. 5, ch. 2015-92 ; s. 4, ch. 2017-155. 


As Per these Federal Regulations, XXXXXXXX XXXX Loan is MOOT and Revocable with the entitlement of reimbursement. Which I have offered the Creditor the Opportunity to Restore me in an Amicable and Mutually Agreeable Fashion, Which they Refused, But attempted to Illegally take possession. 
The Loan is Breached and Restoration and Reimbursement is Due to Me. By Law. 
XXXX XXXX was made aware of the Fraud and Forgery committed by XXXX XXXX XXXX XXXX XXXX XXXX. The Bank is ILLEGALLY continuing to attempt to service, manage and collect on the Loan Contract which they are aware contains Fraud and Forgery.

With the Evidence Submitted to show that the Agreed and Approved Payment Amount and Interest rate was changed along with a Police report to show and confirm that those numbers were changed. PROVES that the reported history, payment and Interest rate is INCORRECT. 

Id like to hold the CREDIT BUREAU in Contempt to sent me any an all Information that has been used since the Original XXXX Dispute which is being used to continue to validate this account. 

The Creditor Has Changed the History of this account Numerous Times which is very contradictory and still doesnt have the correct payment or interest rate which was agreed upon. There are also Forged Documents and Falsified Signatures and a Forged Application. By Law this is Illegal and Makes me a Victim to a Financial Crime. 

Police Reports and Documents Prove that there is NO MISREPRESENTATION of those FACTS. 

Which Leads me to Request the Documents which XXXX, XXXX and Experian Used to Continue to Validate this Account since the XX/XX/XXXX Dispute where the bureaus were made aware of Fraud Being Discovered on the Loan. 

All Collateral has been turned over to Law Enforcement for their Investigation as well as Attorney. The Creditor Has not responded to Email Sent in response to Query of Dispute/Complaint ( s ). Which confirms any correspondence being used is generic and not communication tied to any form of resolution.

I am requesting from the Credit Bureau, the Documentation and items used to VALIDATE an Account Law Enforcement has found was Breached by Fraud and Forgery based on the Inflation of the agreed terms. 

I am seeking documentation which shows this account reported on my credit as agreed : 1. Monthly Payment of {$530.00} 2. Reflect the {$3000.00} Down From the Principal Price ( {$35000.00} ) 3. Sales Price of {$35000.00} 4. Interest Rate of 2.90 % 5. Contract without Gap and a Service Contract as I never approved these add ons which is clear in the approval 6. Inclusion of Insurance Credit for XXXX XXXX ( I asked for this ) 7. Contract that Acknowledges that there was a Factory Warranty ( The XXXX Warranty Still had well over 3 years and XXXX Miles which tops a 2 Year XXXX Mile Add on ( Illegal to add a warranty shorter than the factory ) 8. Disclosure Of XXXX XXXX XXXX Adding on a Service Agreement Not Agreed to.

9. Correct Balance, Interest Rate and Payments on Account 10. Accurate Account History can not be established based on Constant Changes to Account History, Hence why I requested removal of the account and history as it is not valid and there are multiple documents and sources to PROVE THIS. 

Please find the attached documents and Remove and Delete the Breached by Forgery and Fraud XXXX XXXX account as the collateral and all documents have been turned over to Law Enforcement. 

The Original Dispute ( s ) were Submitted on XX/XX/XXXX, Generic Responses have been sent based on Failure to review supporting documentation and repetitive wasteful responses about Identity verification when my Identity verification documents have been sent NUMEROUS times as well as submitted to CFPB Complaint. 

I am seeking Manual Review by the Credit Bureaus as well as Escalation of the Complaint by the CFPB who has repeatedly failed to Regulate this breach and act ( s ) of Fraud which XXXX XXXX  was made aware of and continued to Manipulate the credit of the consumer. 

The Disputed information has remained Even with The Appropriate Documentation So I am seeking any and all documentation that the Credit Bureau Has Used to Continue to Report the Above referenced Account.

The Allotted 30 Day Dispute time has been exceeded multiple times without manual review and accuracy in verification process. I am not arguing the belonging of the account, I am disputing the Accuracy and Legality. How is the Credit Bureau Validating and Continuing to Report An Account Law Enforcement has found Forgery and Fraud on which the Creditor XXXX XXXX has done nothing about. 

Based on the time I have been affected by this invalid reporting and forgery and fraud I am entitled to the Maximum Compensation based on the Numerous Violations of the Creditor / Bank CONTINUING to pursue and inaccurately report and account which they were made aware of fraud.

The Credit Bureaus and the CFPB have allowed the Fraud to Continue.

Review the Last Update of the history. The Reporting of the Account being charged off one month after purchase is inaccurate ( YET WAS VERIFIED BY CREDIT BUREAU ).

Creditor Later Removed the NEGATIVE history and added random Current Payments. Which Drastically affected my credit and is something that the Creditor Continues to Do to Maliciously Damage My Credit. 

I would like for the CFPB, FTC and Credit Bureau to Review the amount of times the Creditor has manipulated the History and the Credit Bureau has allowed. Which is Grounds for a very credible Lawsuit, when information was provided to deem account defective, breached, forged with fraud and Inaccurate. 

Overpayments of agreed payment and interest rate were to be applied to principal. The History and Reporting doesnt reflect any of that. 


Regards, XXXX XXXX XXXX

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation