Consumer complaint received 2018-02-01
Company: EQUIFAX, INC.
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:
XXXX CREDIT BUREAU SPECIAL HANDLING DEPARTMENT XXXX ACCOUNT- XXXX LAST DAY OF FULL PAYMNET XX/XX/XXXX 180 FROM FIRST DELINQUENCY XX/XX/XXXX FINAL DATE WHEN THE ACCOUNT SHOULD REMAIN AS A CHARGED-OFF THIS DATE DOES NOT CHANGED IT IS A RULE AND IS MANDATORY. IF THIS DATE IS LATER MANIPULATE AND CHANGED TO A MORE RESENT DATE THEN CREDITOR IS THEN CONSIDER TO HAVE VIOLATE THE RULES WHEN REPORTING PLUS BY CHANGING THE DATE TO A MORE RESENT ONE THE ONLY POURPOSE WILL BE TO DAMAGE THE CREDIT SCORE AND CREDIT FILE, AND IS NO A WAY TO COLLECT A DEBT THAT HAS BEN WRITEN OF THE BOOKS I am writing this letter in response to the phone CONVERSATION WITH NAME PERSON XXXX representing your agency. 

When I questioned INFORMATION regarding MY rights to DEMAND FOR REMOVING this, I was SURPRISE YOUR EMPLOYEE DID NOT UNDERSTAD THE policy WHEN IN REPECT TO WHAT IS A CHARGED OFF ACCOUNT HOW IT SHOULD BE REPORTED AND WHAT THE RULES GOVERN SUCH ACCOUNT. 

REPRESENTATIVE SIMPLY TOLD ME THAT THERE IS NOT any validation of the information regarding this alleged debt and under CHARGED OFF POLICY CREDITOR CAN RE-AGED AND RAPORT THIS ACCOUNT FOR AS LONG AS IS BETWEEN SEVEN YEAR PERIOD AND THAT THEY WERE NOT required to provide me with ANY documentation supporting THAT RULES SHE BELIEVE IS CORRECT. 

After being threatened AND INSULTED BY YOUR employee, I contacted the United States CONSUMER FINANCIAL PROTEECTION BUREAU ; I spoke with a representative who explained my rights and the fact that XXXX HAVE NUMEROUS complaints regarding your procedures and compliance standards. 

The representative also pointed OUT that YOUR Firm IS REQUIRED BY THE FDCPA to PROVIDE all of the FOLLOWING information this is NOW FULLY REQUIRED by tort law precedent He also provided me with a link to their site where I took this information from verbatim and the procedure to report and initiate a regulatory action against your company for violation of the Fair Debt Collection Practices ACT! 

I believe that XXXX handling of my account information has been negligent and in violation of the Fair and Accurate Credit Transactions Act of 2003 ( 15 U.S.C. chapter. 41, subchapter. I 1601 et  seq ). 

Provide verification and documentation that there is a valid basis for your BELIEVE THIS charge-off of this deb AND HOW IS BEEN HANDLE IS CORRECT. 

For example, can you provide a copy of the written agreement that created the requirement to pay and stipulates your terms for delinquent account? 

The amount and age of the debt, and specifically WHEN IT WAS OFFICALLY RAPORTED AS A CHARGED-OFF MONTH AND YEAR State the maximum delinquency and when it was charged-off. 

Tell me according to your records THAT YOU SHOULD HAVE ON FILE when this debt became due and when it became delinquent CREDITOR SHOUL HAVE AND IS REQUIRED TO PROVIDE THIS INFORMATION TO YOU Identify the date of the last payment made on this account and the amount of that payment. 

Have you made a determination that this debt is within the statute of limitations applicable to it? Tell me when you think the statute of limitations expires for this debt, and how you determined that. 

Please describe in detail your firms charge-off procedures THAT WAS TAKEN THAT MEET COMPLIANCE If there have been any additional interest, fees, or charges added since the last billing statement, provide an itemization showing the dates and amount of each added amount. In addition, explain how the added interest, fees or other charges are expressly authorized by the consumer agreement creating the debt or are permitted by law. 

If there have been any payments or other reductions since the last billing statement, provide an itemization showing the dates and amount of each of them and how those reductions or payments were accrued in your firms charge-off procedure. 

Provide an updated Terms of Service Agreement for this account including specific amended sections and why those sections were changed.

Please describe XXXX  Credit Bureau system and the creditor reporting mechanism TO MEET THE compliance between CREDITOR AND XXXX Include a comprehensive explanation of the process and description of who handles the data entry TO XXXX, how that information is transmitted and whether the data entry function is outsourced.. 


Based upon information provided by THE CREDITOR TO THE credit reporting agency, the probability of an end trace error in your report concerning the delinquency on this account is very high, therefore, please provide the LAST 4 Complete METR ) -2 updates submitted to all three Credit Reporting Agencies on this account ( In METRO-2 format including COMPLETE J-Segments and K-Segment with FULL End-Trace ). 

If you fail TO CONFIRM ANY OF THIS ITEM WHEN I REQUESTED FOR AN INVESTIGATION WHICH IS REQUIRE OF THE CREDIT BUREAU TO PERFORM to provide all parts and requests of the information or documentation I have asked for, please stipulate why to each request including the CREDITOR THE authorized party is refusing to comply or make such information available. 


If XXXX  CAN NOT produce ALL of the above noted documentation in the allotted time frame, I will accept a written NOTIFICATION that you are suspending this account status AND REMOVE IT FROM MY CREDIT FILE. Said notification must INCLUDE a formal stipulation withdrawing your claim THAT A PROPER INVESTIGATION WAS NOT CONDUCTED consumer account and must note that you WILL NOTIFIED THE CREDITOR AND EXPLAIN WHY THEY CAN NOT not continue reporting the alleged debt or sell this debt. 


THE CREDITOR MUST WRITTEN NOTIFICATION must also be provided to all the OTHER 2 Credit Reporting Agencies ( Equifax, and XXXX ). If you INFORM AND provide such written notification I will agree not to pursue immediate regulatory action and drop any further legal actions TO XXXX I have consulted with an attorney and know full well that XXXX was put on notice FOR THE SAME ISSUES, and that XXXX WILL MEET all these requirements or FACE a possible regulatory action leading to the suspension of your operating rights for NON-COMPLIANCE. IF YOU REFUSE TO REMOVE THIS FROM MY CREDIT FILE I will NOT hesitate to FILE suit and SEEK my own payday against your firm for malicious and inaccurate activities Sincerely :

Company response to consumer: Closed with explanation