Consumer complaint received 2020-08-20
Company: EQUIFAX, INC.
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:
On XXXX XXXX 2020, when applying for a refinance loan with my credit union, it was bought to my attention that my credit report showed a " Current under Forbearance '' status, which I was unaware of. 

When I called that day to discuss this with XXXX XXXX, I spoke to a representative and told her that I did not request to be on the forbearance program and that I needed to receive something from them to show that I was not and that my payments had all been received as agreed. The agent said that I wasn't her first call received about being on a forbearance plan and not having asked for it. She told me that the plan was in place and was set to renew within the next month, I told her by no means was that to happen and that she needed to remove whatever they put in place immediately, she said she did. In addition, she sent me the mortgage history letter showing all of my on-time payments as well ( see attached ). 

I sent that to the credit union, they accepted it at first, however now, they are requesting that I send them another letter from XXXX XXXX  that states that I " did not participate in the forbearance plan and that all my payments were paid as agreed! '' I called today XXXX/XXXX/2020 to ask for that letter and in return I was told that the only letter they could send was the same one listing the payment history and that they would actually be sending another letter that states that I did INDEED participate in the program. When asked HOW they came to this conclusion, they informed me that on a phone call with one of their agents on XX/XX/XXXX, I gave my consent for them to participate in the Forbearance program. I DID NOT. 

As the gentleman, XXXX XXXX XXXX  let me know more details about the notes/call - I began to remember it clearly. I know that it was one of those payment reminder calls, I think they called me first and I called back or I answered when they called. At any rate, I remember the young lady telling me about what they were doing for folks, it was in early XXXX so full lockdown and quarantine time. I listened and asked questions about the details and about what the impacts would be and even to see what kind of specifics were in place for my kind of loan as opposed to the other types. I recall going through all that discussion and then having the young lady tell me that she could send me information and a form to complete to request to participate in the program. I agreed to allow her to send me the form. 

Now based on what XXXX says me agreeing to receive the paperwork was considered me agreeing and consenting to participate in the program. I told him NO SIR, that was NOT the case, because I was NOT informed that agreeing to have the packet sent was signing up for anything more than having the packet sent. I was not read any disclosures that I had to agree upon or consent to on that call. AND to top it off ... the forms/packet was actually NEVER sent nor received, nor completed, nor returned by me!!! 

After speaking with XXXX, I next spoke to XXXX XXXX XXXX in the Loss Mitigation Department - she confirmed once again that the only reference they had was a note by the agent that during a phone call the forbearance was consented to and that they had a reason that was due to " reduction in pay ''. I was floored at how this agent took pieces of our conversation and went forward in processing this forbearance without my consent and using pieces from the conversation at her selecting. I was also told by XXXX that at one point in the early COVID days, they were requiring the customers to complete and send in the forms once completed in order to participate in the program. I would definitely say, per my experience and phone call ... it was during the " YOU MUST SEND IN THE FORM '' PERIOD. However, later in the season, they started doing the consent over the phone right away. 

At the end of the day here it is ... very basic ... it was NEVER DISCLOSED TO ME that by engaging in that phone call conversation and agreeing to receive that information in the mail ( that I never received ) that I would be automatically placed into a forbearance status. That was not ever my intention, nor did I consent to it verbally or in writing. My inquiry and/or telling you my entire life story should not have been misinterpretted into something this serious, I left that phone call feeling informed, nothing more nothing less and paid my payment within the next couple of days just like I normally do. 

Today, I looked on the XXXX XXXX  website and saw/downloaded ( see attached ) the form that is being used to agree to the forbearances. This is the statement that is at the end of the form and requires a signature : It is called the BORROWER ATTESTATION " By signing below, I attest that I am experiencing a financial hardship due to COVID-19 which is, directly or indirectly, impacting my ability to make my mortgage payments and would like to proceed with the establishment of a forbearance plan agreement on my above-referenced loan. '' Again, I never signed anything or consented on a phone call or had anything read to me with these words and/or statement! 

Time is of the essence here, I am about to potentially lose my refinance opportunity due to this situation. Yet, XXXX is forcing me to write them a letter asking for this to be investigated and for me to initiate them proving that they put this in place without my proper agreement/consent/full disclosure notification. I need this resolved right away. 

I want that " Current under Forbearance '' status removed from my credit history immediately and I want a letter stating that I DID NOT PARTICIPATE IN XXXX XXXX  'S FORBEARANCE PROGRAM and that my payments have been paid as agreed!! 

Please help me, times are bad enough and people who really need this program could be missing out because they are fraudently putting folks who didn't request to be on the program ... on the program. I praise XXXX that these programs are available, but this situation is unfair and has caused me undue harm and frustration. 

Thank You

Company response to consumer: Closed with explanation