Consumer complaint received 2017-09-28
Company: EQUIFAX, INC.
State: TX
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Their investigation did not fix an error on your report

Complaint:
In the years XXXX there were four cases in which I attempted to file for bankruptcy. The cases were all dismissed. I was having trouble with my husband and property we had together in which it financially draining to me. During that time we attempted to file, but never had the proper paperwork to get it started. It never went to court, a case was never filed. Nothing. Since XXXX I have attempted to write Equifax and have them investigate and have this deleted off my records. After reading the FCRA I found that they were in violation, because they were reporting something inaccurately. Although it is their policy to keep reporting bankruptcies that are filed, dismissed or adjudicated for ten years, the Fair credit Reporting Act mentions nothing in Section 1681c relating to bankruptcy about dismissals or filings. The law clearly states from " date of adjudication '' or date of " order of relief ''. 
Any case, civil or otherwise, which is dismissed no longer exists in the eye of the law and a case filed may never have actually been adjudicated. Therefore, they had no right to maintain information which the government has deemed nonexistent. 
Therefore, pursuant to Section 1681 ( a ) ( 5 ) of the FCRA, they were obligated to delete this information from my credit report and send me an updated copy when this action is completed. 

I wrote them and made them aware of this information and they blatantly ignored my request. I even provided them documentation that the bankruptcies were dismissed. Again, nothing. They were kind enough to send me a new copy of my report that stated that they would be keeping the bankruptcies on my report. 

I am filing a complaint because they are going against my rights as a consumer. 


I would like the items on my credit report deleted and corrected immediately. I would also l like it corrected and then a new report sent to me. 

I took out an education loan back in XXXX XXXX, XXXX which was serviced by XXXX. Over the years, I have had my own personal hardships and was unable to make payments on this loan. There were originally two loans. One of the loans has been deleted for incorrect reportings. The original loan was {$15000.00}. 
After reviewing my credit report I found that the current XXXX was incorrect in numerous ways : 1.  The amount financed is incorrect. They have it as {$16000.00}. It was supposed to be {$15000.00}. 
2. The past due amount is {$45000.00} which is incorrect because it is almost triple the amount financed. This is a violation of my rights. Collection fees can not be more than the amount originally financed. 
3. The past due amount should have been {$33000.00} Not the amount reported. 
4. They have positive payments from XXXX to XXXX. This is incorrect. I requested to have it deleted due to the 7 years being expired and they falsely reported payments in order to restart the time clock. 
I asked XXXX for a transcript of all the findings listed and they were unable to provide them to me. Therefore I reached out to the credit bureau and asked them to investigate and each time they returned the account as being validated, but still never showed me documentation of this accuracy. 
Over the last year, I have opened up several disputes and even called them to speak to them about this. Again, they simply said it was investigated. I have never made any payments on this account since it started in XXXX. 

In XXXX I made XXXX payments for the amount of {$25.00} on the other XXXX account that has since been deleted. What XXXX did was take those payments and apply {$9.00} to the current one in order to keep it running. This is a clear violation of my rights. Again, I asked both XXXX and the credit bureau to send me documentation and it was not done. Each time I contacted XXXX they simply say that they will send it and then they dont. In regards to the credit bureau they simply say the investigation is completed. 
XXXX : XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX, DE XXXX P.O. XXXX XXXX, XXXX XXXX, PA XXXX Phone : XXXX XXXX reported : {$45000.00}, {$45000.00} also said a portion was charged off.

Company response to consumer: Closed with explanation