Consumer complaint received 2020-09-01
Company: Bepensa Capital, Inc.
State: AZ
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Old information reappears or never goes away

Complaint:
On XX/XX/XXXX, I sent a letter to XXXX  regarding a collection account listed as " AFS Acceptance. '' I had previously called the number listed, and this company 's name is Credito Real USA. In any case, I told XXXX  in my letter, first, that they were reporting inaccurate information on my account concerning the name of the Creditor. I also asked for some validation/verification of this debt as I did not recall ever having an account with Credito Real USA. I emailed and spoke to Credito Real USA as I had also sent them the same letter I sent to XXXX. They responded. XXXX  did not. On XX/XX/XXXX, Credito Real USA sent me verification materials, including my account detail. Both Credito Real USA and I sent copies of these materials to XXXX. 

According to the Creditor, I made my final payment on this account on XX/XX/XXXX. As XXXX  XXXX website helpfully explains, the " 7 Year Rule '', which is the time an account can remain on a credit report, begins with the first late payment recorded on the account. According to the documents I have attached, Credito Real USA marked my first late payment on XX/XX/XXXX. They did not report any further payments after the date of XX/XX/XXXX. 

On XX/XX/XXXX, I sent another letter to XXXX, laying out the exact problems I just defined. On XX/XX/XXXX, I received a letter from XXXX  dated XX/XX/XXXX, which states that after conducting their reinvestigation, they changed some details but are keeping the account on my report. Their updated information moves the date of the reporting to XX/XX/XXXX! Does that mean that this account has stayed on my credit report for ten years? 

I believe that both XXXX  and Credito Real are committing fraud by keeping this account on my credit report. I did not major in math, but I can count seven years from XX/XX/XXXX ; the account should have been off of my report by XX/XX/XXXX, nearly a year ago. 

This is my last attempt to clear up this " misinformation '' without the use of the judicial system. Not only will I find it necessary to sue for actual damages and declaratory relief, but I will also have to pursue a fraud claim against both the Creditor and XXXX. No other Credit Reporting Agency has this account listed.

Both XXXX and Credito Real should know better regarding the amount of time a Creditor can report an account on a credit report. This last hope to avoid litigation should be viewed as my " Intent to Sue '' letter, as per the rules of the FCRA. Both companies will also be responsible for my attorney fees. I have been consulting about this matter with a local attorney. I have yet to pay him a retainer as I hope to settle this matter out of court. I will also not hesitate to reach out to local journalists for whom I'm sure this will be a fascinating story, especially now during this pandemic, when many people have lost their jobs and may be delinquent on their accounts. At the very least, it will be an excellent lesson to the public about checking your credit reports often. 

And, just to make it clear to XXXX  who tried to close one of my disputes by claiming that it was a duplicate, I have attached the two CFPB complaints cited in their Response to Dispute to prove this is not a " duplicate '' of any prior reporting, as the name Credito Real USA appears no where in either letter.

Company response to consumer: Closed with explanation