Consumer complaint received 2023-08-17
Company: BMO HARRIS BANK NATIONAL ASSOCIATION
State: OH
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: Investigation took more than 30 days

Complaint:
BANK OF THE WEST you are furnishing inaccurate information to the consumer reporting agencies. 
Account no. is XXXX The reporting of such inaccurate information has caused severe damage to my character, my reputation, my general mode of living and my ability to obtain credit for personal and house purposes. 

You and your inaccurate reporting have damaged my livelihood. 

1681s2. Responsibilities of furnishers of information to consumer reporting agencies ( a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or consciously avoids knowing that the information is inaccurate. 

( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if- ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate. 

Duty : a moral or legal obligation ; a responsibility Accurate : correct in all details ; exact PROHIBITION ; a law or regulation forbidding something As Defined by the IRS Even if you didnt receive a Form 1099-C, you must report canceled debt as gross income on your tax return. 

The IRS Clearly defines a charge off as Gross or Ordinary income, INCOME DOES NOT GET REPORTED ON THE CONSUMER REPORT which in fact makes your reporting of this account inaccurate! 

By Definition the IRS clearly says a Cancelled or Charge off is income. The reporting of this account as a debt is inaccurate. 

You ARE PROHIBITED BY LAW to furnish inaccurate information. I demand you to Cease and Desist the reporting of incorrect/ inaccurate information immediately. 

15 USC 1681 s-2 ( a ) ( 1 ) ( A ) A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or consciously avoids knowing that the information is inaccurate. 

You are hereby put on notice that you are furnishing incorrect inaccurate information The lender must file Form 1099-C and send you a copy if the amount of debt canceled is {$600.00} dollars or more and the lender is a financial institution, credit union , federal government agency, or other applicable entity as discussed earlier in chapter 1. 

The above paragraph is taken directly from the IRS 2021 publication. 

SEND ME MY FORM 1099-C that you should have sent when you filed the account as a canceled or charged off debt. My address is listed above. 

In conclusion I have shown you and you have been put on notice that you are reporting inaccurate information. The information in fact is, inaccurate. 

The continued reporting of this inaccurate information is a clear violation of the Law 15 USC 1681 s-2 of your responsibilities as a furnisher of information. 

You have caused me and my family severe harm due to your negligence and inaccurate reporting. This is a final opportunity to Cure and DELETE This Erroneous, Inaccurate account from my Consumer report. Why would they send me a bill on a charged off account, especially just for a payment and not the whole amount.Despite two written requests, the unverified items listed below still remain on my credit report in violation of Federal Law. You are required under the FCRA to have a copy of the original creditors documentation on file to verify that this information is mine and is correct. 
In the results of your first investigation and subsequent reinvestigation, you stated in writing that you verified that these items are being reported correctly? Who verified these accounts? You have NOT provided me a copy of ANY original documentation ( a consumer contract with my signature on it ) as required under 15 USC 1681g ( a ) ( 1 ) & 15 USC 1681i ( a ) ( 1 ) ( A ).

Furthermore, you have failed to provide the method of verification as required under 15 USC1681i ( a ) ( 7 ). Please be advised that under 15 USC1681i ( 5 ) ( A ) of the FCRA you are required to promptly DELETE all information which can not be verified. 

The law is very clear as to the Civil liability and the remedy available to me 15 USC 1681n & 15 USC 1681o ) if you fail to comply with Federal Law.

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