Consumer complaint received 2019-03-19
Company: EQUIFAX, INC.
State: MS
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:
XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, MS XXXX SS # XXXX Equifax Information Services, LLC XXXX. XXXX  XXXX XXXX, GA XXXX Certified Mail Return Receipt # Equifax Report # XXXX This is the third RECENT dispute of the below referenced accounts which Equifax is continuing to inaccurately report in my credit file, and has provided to multiple companies purchasing that information over the past one to two years, in direct contravention of documented evidence provided to Equifax, produced from the internal accounts records of the five disputed accounts from XXXX XXXX, XXXX which directly refutes any claim by XXXX XXXX, XXXX, or Equifax that the reporting contained in my credit file and being sold to purchasers of my credit report is accurate. 

From my multiple phone conversations with representatives from Equifax it is clear and apparent that the only process to evaluate the accuracy of the disputed accounts has been just the computer process via XXXX and the sending of ACDV forms to XXXX, and receiving an AUD form back via computer account verification which is clearly refuted by the notice produced by XXXX XXXX, XXXX from its internal account records which has now been provided to Equifax three ( 3 ) times, and will be attached hereto as Exhibit A. 

Moreover the five disputed accounts are beyond the seven year time period allowed for the reporting of negative information according to the FCRA, and which the failure to delete these inaccurate accounts after being legally extinguished by operation of law, and being OBSOLETE by operation of the FCRA, and after being provided substantive evidence multiple times to this inaccuracy is, and of itself may be construed as a violation of the FCRA. The ( FCRA ) 15 U.S.C. 1681 et. seq. and CFR 660.4. does not excuse Equifax in conducting its own thorough investigation especially if credible evidence of the reporting inaccuracies has been provided to Equifax as it has been repeatedly in this situation, and the execution of the ASSURANCE OF VOLUNTARY COMPLIANCE AGREEMENT BETWEEN THE STATE OF MISSISSIPPI AND EQUIFAX INFORMATION SERVICES further heightens the responsibilities of Equifax to take corrective action requested by Mississippi consumers when providing substantive documentation therein. 

XXXX  upon receipt of the evidence of its continued reporting of inaccurate information beyond the seven year time period provided for in the FCRA, and even with XXXX XXXX  's computer system verifying the information provided as accurate, weighed the evidence provided to them and deleted the accounts. 

XXXX  has escalated the dispute based on the provided information from XXXX XXXX 's internal account records which contradicts its computer generated verification of its reporting. Equifax however has simply relied upon its computer generated verification process through the XXXX system with computer generated ACDV and AUD forms, and has to this point refused to correct its continued inaccurate reporting of the five disputed accounts. 

Equifax, along with XXXX, and XXXX settled its lawsuit filed by the Attorney General for the State of Mississippi on behalf of all consumers in the State of Mississippi and contained within the terms of the settlement, Equifax in its ASSURANCE OF VOLUNTARY COMPLIANCE AGREEMENT BETWEEN THE STATE OF MISSISSIPPI AND EQUIFAX INFORMATION SERVICES, LLC which prevented further and continued investigation into the business operations of Equifax, Equifax agreed to institute safeguards in its reporting that would reflect the legal and controlling application of Mississippi Code Annotated 15-1-3 and its radical operation of law that upon the running of the statute of limitations in the State of Mississippi on consumer debt legally extinguishes said debt, the original account and all its incidents alike. This is contained in Article III, Paragraph A, section 5, of the aforementioned agreement which Equifax agreed to address and implement the process to correctly report legally extinguished Mississippi debt. 

The express terms and conditions in the aforementioned COMPLIANCE AGREEMENT, executed on the XX/XX/XXXX contains language that adds a heightened responsibility, notwithstanding the express responsibilities upon Equifax by the FCRA, to evaluate any additional documentation provided by Mississippi consumers, and to be able to take corrective action on the credible information provided, to assure compliance with including said documentation provided by the Mississippi consumers with the ACDV dispute process via the XXXX system, and if the changes the Mississippi consumer requested are not made to fully provide all information regarding the dispute to the FOI with an explanation as to why the changes were not performed, and why the changes were not performed in house by Equifax upon review of the documentation provided by the Mississippi. This has not occurred with any of my previous disputes, and is in violation of the COMPLIANCE AGREEMENT express terms and conditions with the State of Mississippi. 

To this point Equifax has been made aware multiple times of the fact that all of these debts went into default during the time period from XX/XX/XXXX through XX/XX/XXXX, making these accounts long past the statute of limitations prescribed under Mississippi statute and as such legally extinguished under the operation of law via Mississippi Code Annotated 15-1-3. This fact has been provided to Equifax via a dispute notice a minimum of ten times over the period of the last two to three years, with the most recent disputes being sent via USPS CMRR, in  XX/XX/XXXX, and again in XX/XX/XXXX, which also contained the additional information provided directly from XXXX XXXX, XXXX 's internal account records noted in each dispute, and the actual copy attached to the disputes. 

Howbeit, it appears that Equifax even with knowledge of what it agreed to in its execution of the ASSURANCE OF VOLUNTARY COMPLIANCE AGREEMENT BETWEEN THE STATE OF MISSISSIPPI AND EQUIFAX INFORMATION SERVICES, LLC, appears to once again rely on the XXXX computer generated dispute ACDV process to the Furnisher of Information, ( FOI, ) in this case XXXX XXXX, XXXX, and has relied upon what it states as a verification by XXXX XXXX, XXXX via its AUD response form even in direct contradiction to the facts provided in these numerous referenced disputes, which included the attached XXXX XXXX  documentation, in the form of a letter to my attention, addressed to my personal attorney of record. Please note that I am copying my personal attorney on this dispute notice as I have on previous ones in the event that I am forced to seek any, and all legal remedy provided for under the referenced federal statutes, and in a court of law. 

Therefore one final time as a consumer action pursuant to the ( FCRA ) 15 U.S.C. 1681 et. seq., and the express terms, and conditions of the ASSURANCE OF VOLUNTARY COMPLIANCE AGREEMENT BETWEEN THE STATE OF MISSISSIPPI AND EQUIFAX INFORMATION SERVICES , LLC, I am once again disputing the following five items, all of which have been legally extinguished by operation of Mississippi law, Mississippi Code Annotated 15-1-3, and all of which are beyond the FCRA seven year time period for  negative reporting. 

1. XXXX XXXX, Account # XXXX. 
This account is beyond the FCRA seven year reporting period, the actual XXXX XXXX internal account DOFD via documentation produced by XXXX XXXX is XX/XX/XXXX, which will be attached to this dispute. The account has also been legally extinguished by operation of law via by Mississippi Code Annotated 15-1-3, the account, its debt, and all incidents alike are destroyed. DELETE IMMEDIATELY. 

2. XXXX XXXX, Account # XXXX. 
This account is beyond the FCRA seven year reporting period, the actual XXXX XXXX  internal account DOFD via documentation produced by XXXX XXXX is XX/XX/XXXX, which will be attached to this dispute. The account has also been legally extinguished by operation of law via by Mississippi Code Annotated 15-1-3, the account, its debt, and all incidents alike are destroyed. DELETE IMMEDIATELY. 

3. XXXX XXXX, Account # XXXX. 
This account is beyond the FCRA seven year reporting period, the actual XXXX XXXX internal account DOFD via documentation produced by XXXX XXXX is XX/XX/XXXX, which will be attached to this dispute. The account has also been legally extinguished by operation of law via by Mississippi Code Annotated 15-1-3, the account, its debt, and all incidents alike are destroyed. DELETE IMMEDIATELY. 

4. XXXX XXXX, Account # XXXX. 
This account is beyond the FCRA seven year reporting period, the actual XXXX XXXX internal account DOFD via documentation produced by XXXX XXXX is XX/XX/XXXX, which will be attached to this dispute. The account has also been legally extinguished by operation of law via by Mississippi Code Annotated 15-1-3, the account, its debt, and all incidents alike are destroyed. DELETE IMMEDIATELY. 

5. XXXX XXXX, Account # XXXX This account is beyond the FCRA seven year reporting period, the actual XXXX XXXX  internal account DOFD via documentation produced by XXXX XXXX is XX/XX/XXXX, which will be attached to this dispute. The account has also been legally extinguished by operation of law via by Mississippi Code Annotated 15-1-3, the account, its debt, and all incidents alike are destroyed. DELETE IMMEDIATELY. 

This is a legal dispute pursuant to the Fair Credit Reporting Act ( FCRA ) 15 U.S.C. 1681 et. seq. and CFR 660.4. These aforementioned five reported accounts have been legally extinguished after the period of imitation ( SOL ) has run in the State of Mississippi pursuant to the operation of law via Mississippi code annotated 15-1-3, and as such the REMEDY, as well as the RIGHT have been legally extinguished, the original debt, the account, and all its incidents alike have been destroyed, there remains nothing to revive. I have no legal obligation for it, the account, and any debt associated with it have been destroyed, and as such there is no legal provision to continue reporting it on my credit file. 

Miss. Code Ann. 15-1-3 by operation of law legally extinguishes debt after the period of Limitation for the specific consumer debt in the State of Mississippi. This referenced statute is radical in its nature and is not a statute of limitations, but a statute of repose. Upon the completion of the period of limitation this statute extinguishes both the remedy, as well as the right. The Mississippi Supreme Court has upheld, and affirmed this legal extinguishment of debt in numerous cases appealed to that body regarding this statute, citing from cases decided by that court ; Mississippi statute annotated 15-1-3 and its legal extinguishment and abolishment of the debt, it's right, remedy, and all incidents are destroyed as adjudicated and affirmed by the Supreme Court of Mississippi in the following actions, XXXX XXXX XXXX, and XXXX XXXX XXXX as cited from the Court docket verbatim below : In XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, this Court referring to Mississippi Statute annotated 15-1-3.commented on the wording of the statute before 1880 and as it was amended to read after 1880. Section 2685, Code of 1880, is exactly the same as Section 743, Mississippi Code 1942 Annotated. In Proctor, this Court said : " The change wrought by this new statute is radical. Not only the remedy is denied, the action barred, but the right itself is extinguished upon the completion of the period of limitation. The remedy and the right, whatever it was, are alike destroyed. There remains nothing to revive .... The extinguished right, the original debt and all its incidents, as well as the lost remedy, are all destroyed, upon the completion of the period of limitation, under our present statute. '' ( Emphasis added ). XXXX  XXXX XXXX XXXX XXXX XXXX XXXX XXXX. 

In the later case of XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, this Court again commented on the difference between the Mississippi statute and that of other states : " At common law, and under the statutes of most states, the statute of limitation does not extinguish the debt, but merely bars the remedy by which the debt may be collected or enforced. When such is the case, the debt continues to exist, and may be charged against the child in the division of an estate ; but, where the debt itself is extinguished by the statute of limitation, as it is in our state, the account ceases to be a debt. It is completely extinguished by the statute of limitation, and can only serve as a legal consideration for a new promise based thereon. '' ( Emphasis added ). XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. 

The five referenced and disputed tradelines are also OBSOLETE as they are all beyond seven years from the Date of First Delinquency, ( " DOFD ' ) as documented, and produced by XXXX XXXX, XXXX to my personal attorney. Specifically the letter sent to my attention mailed to the office of my personal attorney regarding inaccuracies being reported on these legally extinguished accounts document the actual XXXX XXXX internal account dates in which these accounts first became delinquent. Excerpts taken from the notice from XXXX Executive Office dated XX/XX/XXXX states as follows : " On your account ending in XXXX ( first account disputed above ) {$25.00} was due by XX/XX/XXXX, but no payment was received by the due date. '' " On your account ending in XXXX ( fifth account disputed above ) {$10.00} was due by XX/XX/XXXX, but no payment was received by the due date. '' " On your account ending in XXXX ( second account disputed above ) {$35.00} was due on XX/XX/XXXX, but no payment was received by the due date. '' " On your account ending in XXXX ( fourth account disputed above ) {$24.00} was due on XX/XX/XXXX, but no payment was received by the due date. '' Continuing from the XXXX letter in reference to the missed payments on the aforementioned accounts and First Date of Delinquency established in the XXXX XXXX, XXXX notice, " we did not receive a payment on the accounts by the respective due dates, the accounts were past due, and remained past due until they charged off in XX/XX/XXXX. '' " Therefore, although your auto payments were making payments on each of the accounts, the accounts were never brought current from XX/XX/XXXX to XX/XX/XXXX, when the accounts were charged off. '' On the account ending in XXXX ( third account disputed above ) {$63.00} was due by XX/XX/XXXX. Our records indicate that the account had a returned auto pay that posted on XX/XX/XXXX. When the {$14.00} auto pay was removed from the account, the account became past due, and remained past due until it charged off in XX/XX/XXXX. '' Therein, the actual internal account records from XXXX XXXX, produced in the letter clearly demonstrate the DOFD 's to be XX/XX/XXXX, and October through XX/XX/XXXX,  all of which make any current reporting of the negative information to be beyond the FCRA time period, and all establish the fact that pursuant to the application of Mississippi Code Annotated 15-1-3 these accounts have been legally extinguished for a number of years. These dates are clearly not the reported DOFD 's which your company maintains in my credit file and has been reporting for over seven years to anyone requesting my credit reports. Moreover these accounts are still reporting a balance due, a notation of charged off account even though they have been legally extinguished. 

My credit report with Equifax has also re-aged the DOFD on a monthly basis for over four years ( XX/XX/XXXX-XX/XX/XXXX ) when the actual documented DOFD occurred, until ( XX/XX/XXXX-XX/XX/XXXX ) which are the reported dates in my credit file. until the eventual dates reported in my credit file, which all reflect dates ranging fromXX/XX/XXXX to XX/XX/XXXX and for that period of four plus years. The Equifax credit reporting on my credit report clearly states no payment was noted in the account monthly summary for the four year period, yet the DOFD was re aged each month as if the required minimum payments had been made, and posted to the accounts. This is clearly not accurate and re aging is a violation of the FCRA. 

These five disputed accounts were legally extinguished via operation of law referenced above, and as such have been legally destroyed. And all of these accounts have gone past the FCRA time period for negative reporting based on the account documented DOFD 's produced in the referenced and attached XXXX XXXX letter, and as such should be DELETED IMMEDIATELY, as the continued inaccurate reporting is creating undue financial harm, and hardship, and is in violation of the FCRA. 

Please provide me with a complete and detailed description of the reinvestigation procedure for all items disputed pursuant to the statutory requirements of the FCRA, as well as the express terms and conditions of the ASSURANCE OF VOLUNTARY COMPLIANCE AGREEMENT BETWEEN THE STATE OF MISSISSIPPI AND EQUIFAX INFORMATION SERVICES, LLC, Please provide me with a detailed description of the process undertaken by the agent in evaluating the evidence of inaccuracy provided in my dispute, attached hereto as Exhibit A, and the legal rationale for the decision if made not to act based on the corroborating evidence of inaccurate reporting by Equifax attached hereto as Exhibit A. 

Please send me a copy of the ACDV forms sent to the furnishers, and well as a certification of compliance with the heightened responsibilities on the required submission of any documentation provided by a Mississippi consumer, which in this case is attached hereto as Exhibit A, in its dispute with Equifax, and the return forms, AUDs, received back by you from XXXX XXXX, XXXX, and please provide me a copy of my updated credit report pursuant to the FCRA. 

I am not requesting that a fraud alert be placed on my consumer credit file and delete any fraud alert that might be placed unintentionally. 

I declare that all facts cited in this dispute are accurate under the fear of perjury, Sincerely, XXXX XXXX, XXXX SS # XXXX Certified Mail # C.C. Consumer Financial Protection Bureau C.C. State of Mississippi Attorney General 's Office XXXX XXXX XXXX XXXX, XXXX XXXX and XXXX Please find  also the following attachments : A copy of my Drivers card to verify my identity. 

A sworn and notarized Affidavit denoting that this is not a suspicious dispute, and that the dispute is directly from me, that the request for complete investigation pursuant the Fair Credit Reporting Act regarding the above disputes is indeed from me, and noting that the attachments referenced herein were attached to this dispute notice. 

Copy of Mississippi Statute Annotated 15-1-3 Case citations reflecting orders from the Mississippi Supreme Court referring to Mississippi Code Annotated 15-1-3, and its predecessors, adjudicating on its plain language, and affirming that its unambiguous construction is radical in nature, and legally extinguishes, and destroys the original debt, and all its incidents at the running of the statute of limitations in cases before the Supreme Court for the State of Mississippi.

Copy of the press release from the State of Mississippi Attorney General 's Office Copy of letter from the Executive Office of XXXX XXXX, XXXX to myself after a dispute of the accuracy of the accounts referenced above and which stipulate the DOFD 's to be in XX/XX/XXXX and XX/XX/XXXX, not the DOFD 's being reported on my credit report which are also clearly beyond the seven year FCRA period of reporting negative information on a credit report.

Company response to consumer: Closed with explanation