Consumer complaint received 2022-02-05
Company: Experian Information Solutions Inc.
State: VA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account information incorrect

Complaint:
I placed complaint case # XXXX with the CFPB on XX/XX/XXXX regarding student loan account ending in " XXXX '' that is currently reporting inaccurately due to regulatory compliance violations including UDAAP " Unfair or Deceptive Acts or Practices, '' TILA " Truth in Lending Act, '' and the FCRA " Fair Credit Reporting Act '' by XXXX XXXX XXXX  XXXX XXXX and the associates I spoke to on XX/XX/XXXX, and XX/XX/XXXX. This is in reference to XXXX XXXX case # XXXX. 

The UDAAP and TILA regulatory violations and Background are as follows : 1. I spoke to XXXX XXXX 's student loan department on XX/XX/XXXX to request a possible forbearance. I was told in this conversation that I had no forbearance time available, that I had a past balance due, and there was nothing that could be done due to the loan transferring to XXXX XXXX. I then asked about any possible repayment options, and was told that I could speak to the payment assistance team. I was then transferred to that department, and was told the same response. This response seemed incorrect, unfair, and deceptive. 

2. I called XXXX XXXX again on XX/XX/XXXX because the previous conversation regarding the forbearance, and not having options available due to the loan being transferred sounded incorrect, unfair, and deceptive. In the phone called, I asked the same questions regarding forbearance, and about payment options. I was told that I could make payments until the XX/XX/XXXX, but I would have to speak to XXXX regarding any other issues due to the loan being transferred. Again, this seemed to be incorrect, unfair, and deceptive. 

3. After the loan was transferred to XXXX on XX/XX/XXXX, I called them immediately, and made the same request regarding forbearance and possible repayment options, and they immediately accepted my request under the condition that I still had forbearance time available under the contractual terms and conditions transferred from XXXX XXXX with the loan ending in XXXX. On XX/XX/XXXX it was confirmed that I had been approved for forbearance under the same contractual terms as XXXX XXXX. XXXX also backdated the forbearance to cover previous monthly payments, but due to the transfer taking place before the forbearance was initiated, XXXX could not backdate the negative reporting any earlier than XX/XX/XXXX. A request was made to XXXX XXXX  to remove the negative late payment reporting by XXXX XXXX with no response. 

I have included letters that prove XXXX approved the forbearance of the transferred loan, and the original welcome letter from XXXX that confirms XXXX XXXX terms and conditions will be used for the servicing of the loan, and specifically reads ". Even though your student loan ( s ) transferred, the terms and conditions of your loan ( s ) have not changed. '' Letters will be attached for documentation purposes. 

I am also filing an additional complaint of " UDAAP '' regulatory compliance violations due to the the response I receive during a phone call with XXXX XXXX XXXX XXXX. Executive Office Case Specialist XXXX XXXX on XX/XX/XXXX at XXXX EST. The call duration was XXXX XXXX. Please reference the pre-disclosed monitored and recorded call in this time frame as evidence to this complaint as well as XXXX XXXX case # XXXX response letter dated XX/XX/XXXX. Also refer to XXXX XXXX case # XXXX response letter dated XX/XX/XXXX. 

The regulatory UDAAP violations are as follows : 1. XXXX XXXX called me on XX/XX/XXXX with a resolution to my CFPB compaint # XXXX. A XXXX XXXX Executive Office Case Specialist named XXXX XXXX attempted to give and explain the resolution. Unfortunately the resolution explained contained false information regarding my first conversation with XXXX XXXX on XX/XX/XXXX. XXXX XXXX claimed that on XX/XX/XXXX, the representative I spoke to gave me to option to " Pay '' my outstanding balance in exchange for the submittal of a " possible '' forbearance. This information is falsified, and an option to submit a forbearance was not offered at any point in the conversation. This is also evidenced in the second call that was made on XX/XX/XXXX when I made the same request for forbearance. But no option of forbearance was offered under any circumstance from XXXX XXXX on either call on XX/XX/XXXX or XX/XX/XXXX. XXXX XXXX then attempted to give an explanation of the call on XX/XX/XXXX when I asked her to justify the reason she had notes regarding the purpose for the duplicate call for forbearance, but the call notes contained no evidence or reference to actually answering my question regarding forbearance. The word " Forbearance '' was not even used once in the representative response call record on XX/XX/XXXX. And instead, the rep again informed me that I had past due balance that I could pay until the XX/XX/XXXX, and to contact XXXX regarding any other issue, and therefore avoiding the forbearance conversation and solution entirely. I brought up this contradiction to XXXX XXXX during the conversation, and instead of agreeing to further investigate the matter, she attempted to falsify and report to me a potential narrative and explanation of why the notes of the call don't contain information regarding my request by stating " They probably read the notes of the previous call and assumed that because you spoke to someone else about forbearance, you already knew the information and they didn't need to explain. '' Not only does this show inconsistencies in the response by XXXX XXXX Student Loan servicing team by refusing to service a transferring account. But it also shows that in cases containing inconsistencies and contradicting information, XXXX XXXX regulatory Executive Office Case Specialists can create, and falsify narratives to explain information they don't have facts or documentation to verify. I told XXXX XXXX to resubmit the complaint referencing the conversation I was having with her as a part of the complaint as well. 
I received another letter dated XX/XX/XXXX in response to that complaint request with XXXX XXXX. On XX/XX/XXXX, which was even further redacted than the first letter, made no mention of the issues I raised in the phone call with XXXX XXXX, and made no mention to the call I made on XX/XX/XXXX to XXXX XXXX, as if they are trying to omit and hide relevant information. 

Furthermore, the letter I received on XX/XX/XXXX specifies that XXXX XXXX had confirmed repayment letters were sent to the address on file, and also confirmed that statements were mailed to the address on file. The letter states that in the enclosed envelope are copies of each repayment letter and statement for my review. However, not a single repayment letter, nor statement was enclosed with the letter. 

All documentation will be attached.

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 explanation