Consumer complaint received 2020-05-09
Company: EQUIFAX, INC.
State: FL
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:
I XXXX XXXX have no other recourse but to file a complaint against a national bank for a complete fabrication against my excellent credit history. The copy of the returned overpayment check is complete vindication of my position. However, after several verbal complaints with XXXX XXXX XXXX, and a hard copy complaint with each respective credit reporting agency, XXXX XXXX XXXX still has refused to remove the {$360.00} default postings. I will submit my complaint in chronological order as follows : 1 ) Vehicle loan co-signed for my son XX/XX/XXXX with original balance of {$36000.00}. 
2 ) Payments began XX/XX/XXXX. 
3 ) Vehicle totaled in accident XX/XX/XXXX. 
4 ) Payments up to date for XX/XX/XXXX only. 
5 ) I had major comprehensive insurance plus gap insurance to cover all vehicle loss if necessary. 
6 ) Insurance claim posted immediately. 
7 ) Major insurance paid out almost 100 % of balance, except for gap portion of insurance. 
8 ) As of XX/XX/XXXX, all balances should have been posted as complete XXXX. 
9 ) XXXX XXXX received all payments from XXXX XXXX and XXXX XXXX XXXX. 
10 ) Last gap insurance payment posted was in XX/XX/XXXX for {$3800.00}. 
In XX/XX/XXXX XXXX XXXX XXXX posted a {$360.00} deficiency, that had nothing to do with a monthly payment schedule. After constructive receipt of any insurance claim, the governing body of legislation is no longer under the Fair Credit Reporting Act, with oversight from the Consumer Financial Protection Bureau. The governing legislation is the Fair Debt Collection Practices Act, https : //www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text. 

11 ) XXXX XXXX XXXX was actually overpaid from the gap insurance {$270.00}. A copy of the overpayment is attached dated XX/XX/XXXX. 
12 ) XXXX XXXX XXXX has tarnished my credit without sufficient cause, and the federal mandated legislation protecting my credit status had been fulfilled once the payment history went from monthly payments into a debt collection status related to insurance coverage.

13 ) Accordingly, I file a complaint against XXXX XXXX XXXX directly along with XXXX, Equifax and XXXX XXXX respectively. It is a necessity of all credit subscribers with credit reporting agencies to protect the rights of consumers under FCRA, FACTA and FDCPA within legislative mandated guidelines. 
14 ) My rights have been overlooked by XXXX XXXX XXXX on this occasion. However, I realize that mistakes happen and this could all be looked at as a clerical problem, and if XXXX XXXX XXXX erases my negative credit history with each credit bureau quickly, I will consider the situation resolved without any further actions that could include legal measures. 
15 ) XXXX XXXX XXXX request an immediate remedy from XXXX XXXX XXXX as quickly as possible. 

XXXX XXXX

Company response to consumer: Closed with explanation