Consumer complaint received 2018-07-25
Company: Navient Solutions, LLC.
State: CA
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:
This correspondence is in response to the XX/XX/XXXX letter I sent to the three credit bureaus regarding late payments that XXXX XXXX ( Navient ) reported on my credit report that has not been removed. I feel I have been patient and have demonstrated goodwill in my request to have late payments removed from my credit score report. By failing to update previously reported information, XXXX XXXX XXXX ( Navient ) is in violation of Section 623 ( a ) ( 2 ) of the FCRA.

I have attached the link that an FTC advisory opinion, ( https : //www.ftc.govXXXX ) which interprets Section 623 ( a ) ( 2 ) of the FCRA. The issue posed in the advisory opinion is how a lender is to handle a situation when subsequent information updates a report that was allegedly accurate when it was made but no longer is accurate in the present time ( i.e., the identical situation I am currently in ). 

The advisory opinion states that Section 623 ( a ) ( 2 ) of the FCRA addresses the duty to correct and update information by furnishers, or persons who furnish information to consumer reporting agencies ( CRA ) such as credit bureaus. In particular, this section requires a person that has furnished to a consumer reporting agency information that the person determines is not complete or accurate to promptly notify the consumer reporting agency of that determination and provide any information needed to make it complete and accurate. Thus, on its face, this provision requires a furnisher to provide corrected or updated information to the consumer reporting agency that it had reported to originally. This duty extends to all student loan accounts reported to CRAs, regardless of whether they were accurate at one point, because the section requires the furnisher both to update accounts as well as to correct. 
XXXX XXXX XXXX ( Navient ) communication regarding retroactive forbearances states If the forbearance was applied retroactively to cover a period of delinquency, any information previously reported to each nationwide consumer reporting agency will remain. However, Section 623 ( a ) ( 2 ) clearly shows that the reports must be updated/corrected regardless of whether they were accurate at one point. 

All of my XXXX accounts that were part of the XX/XX/XXXX late payments show forbearance status from XX/XX/XXXX through XX/XX/XXXX and forbearance from XXXX/XXXX/XXXX through XX/XX/XXXX. At this point in my loan I consolidated with XXXX XXXX XXXX ( Navient ) and is I was truly late would they allow me to consolidate if I was not credit worthy? These late payments are restricting me from consolidating my private student loans that I took to obtain my XXXX XXXX  degree. I am just trying to manage my finances and start moving forward with my life but these credit bad marks of late payments by XXXX   XXXX XXXX ( Navient ) are not allowing me to consolidate these private loans and receive the best interest rate and terms. Therefore, my credit reports do not currently accurately reflect previous payment statuses as XXXX XXXX has recorded them. I am thus requesting that in compliance with Section 623 ( a ) ( 2 ) of the FCRA that the accounts showing late payments in XX/XX/XXXX be updated and/or corrected and removed. 

I have attached letters I have sent to Navient to this complaint Please assist me to get my credit report updated to accurately reflect my current payment status during XX/XX/XXXX through XX/XX/XXXX. Thank you. 

Respectfully, XXXX XXXX XXXX

Company response to consumer: Closed with explanation