Consumer complaint received 2016-11-08
Company: Experian Information Solutions Inc.
State: NY
Product: Credit reporting
Issue: Incorrect information on credit report
Sub-issue: Account status

Complaint:
XXXX XXXX XXXX has not taken the necessary steps to correct the inaccuracies they have created regarding an account that I opened, but never once had utilized for purchases which ultimately led to them charging fees and negatively reporting the account information with a late payment history to the credit agency Experian. This has both affected my credit report and credit score through the credit reporting agency Experian for over the course of more than 1 year without the bank having taken the appropriate actions to correct the invalid information they have been providing to the credit reporting agency in regards to a credit card account that I opened XX/XX/2015. Despite the bank having corrected the balance XX/XX/2015, they continue to report a fictitious payment history that includes a 60 day delinquency for a balance that was created only by the banks fees. Since XX/XX/2015, I have never activated or utilized the account for a purchase or cash advance, thus having not been obligated to pay any of their fees as per their credit card agreement which is attached to this complaint. The agreement states that customers in the state of New York are not bound by total visa credit card agreement until a purchase or cash advance is made on the account, and are not obligated to pay any of the fees or interest charged until the agreement goes into effect. It clearly states residents of XXXX who hold an account will only be liable upon having made a purchase or cash advance. Since account opening, I had never received my credit card in the mail and reported this to customer service numerous times, who had processed several replacement cards to be mailed out. Never once did I receive a card in the mail, and for that purpose had called in to close my account. XX/XX/2015, the bank billed me an annual fee of {$75.00} and continued to charge me late fees on a monthly basis which I did not pay. Instead, I called and spoke to customer service to dispute the balance who never provided me with a resolution and told me I was responsible for paying the entire balance. After not having come to a resolution over the phone, I filed a dispute with Experian in regards to the account and the 60 day delinquency that was reported. 30 days later, Experian updated me on their investigation and stated the account and information reported by the bank was legitimate. XXXX & XXXX continue to report the account positive with no late payment history. XXXX XXXX XXXX has challenged my dispute through Experian to continue reporting the account in a negative manner, despite them knowing this account has never been active and them reporting it to XXXX and XXXX in a positive manner. At this point, I was unable to file anymore disputes and unable to come to resolution with customer service. In XX/XX/XXXX, I had received a call from the banks collections department, who was attempting to collect a debt. I advised the agent that the account was never activated or utilized for purchases. The agent spoke with her supervisor and was able to credit me for the entire balance. She also advised me that information would be updated positively with the credit reporting agencies and that I would be receiving a refund for the {$89.00} processing fee that I had paid prior to account opening. Despite her promise, information was never updated with the agencies and continued to report negatively which has damaged my credit report for more than 1 year, and I never received a refund for the {$89.00}. Experian is liable for not correcting the inaccuracy based on their own independent investigation and instead found the reported information to be accurate. I advised Experian to review the information reported to the other agency 's and to consider the fact that this account was never utilized or active.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with non-monetary relief