Consumer complaint received 2020-01-03
Company: EQUIFAX, INC.
State: NV
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 XX/XX/XXXX I entered into a repayment contract with XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX, NV XXXX. That plan was to begin payments of {$100.00} beginning on XX/XX/XXXX. At that time, the contract states all interest would stop. 
After noticing the balances not being reported accurately, I filed a dispute XX/XX/XXXX, the company answered that and my bureau showed complete on XX/XX/XXXX. The amount was updated and it was again incorrect. I was not satisfied with this result so after making my 4th payment and receiving my balance on their ledger, I phoned XXXX and spoke with the accounting department. I noted that the amount on my ledger was incorrect and off. The lady I spoke with told me all I needed to do was take the original amount on my agreement and subtract the payments made as the amount they show me was still adding interest. At that time, the balance was over {$100.00} off or equivalent to one payment plus interest they were still adding and reporting. When asked if this could be fixed, she said no, it was their system. 

Not being satisfied with that information, On XX/XX/XXXX, I sent a letter to each of the credit bureaus ( certified, return receipt requested ) changing the information as it pertained to them and referenced my previous dispute and enclosed my contract which outlined the details particularly in regards to interest. I also sent a copy of my payment ledger showing I had made 4 payments. I explained in detail in my letter that the amount being reported was still incorrect as the math was simple and the item per the Fair Credit Reporting Act should be removed. I believed the bureaus at that time should have taken the information and documentation and removed this item as XXXX had already been given the 30 days in which to answer and failed to do so correctly. They reached out to XXXX again, and they reported again incorrectly. At that point, I believe the bureaus should have removed the item as they each had in front of them an up to date accounting and given the information, they should have been able to deduct this was still wrong. They did nothing. Several changes were made and the amount was still not correct. If you look into their submissions to the bureaus you will see they continued to add interest amounts of approx. {$13.00} dollars at different times. My contract reads all interest would stop, however they continued to add and report an increase in the balance. 

This collection was different from any as the mere presence on my bureau made it impossible for me to gain housing from anybody. After giving copies of my contract to complexes along with my last receipt showing it was current, or disclosing I was in a payment agreement, I was still told No, as any outstanding balance to a complex was an automatic denial. I did reach out to XXXX in an email to XXXX XXXX on XX/XX/XXXX, to discuss if there were something we could do as I needed to secure a place to live and due to the longevity of the agreement that would make it impossible for some 4 years. Ms. XXXX kindly responded and noted she had no control over the credit reporting of any debt and I could contact the client directly. She also had someone in the office to call me to see if they could give me a letter saying my account was current. I told them that wouldn't help as I had already tried this avenue by giving them a copy of my contract as well as the latest payment receipt. Calls to the property management company in re to this were made and the answer was the same. I would have to deal with XXXX as they now had the debt. 

I was frustrated at this time as XXXX I believed was in breach of the contract in refusing after 2 attempts and inquiries to recognize the problem with their accounting system and correctly report my balance. I did not make a payment in an attempt to receive further assistance in following up on this breach but was unsuccessful in finding counsel. On the Monday after my 5 day grace period was up, I called to see if I could bring my payment in and was told no. My account was in default and would be turned over to the courts. I asked if I could speak with Ms. XXXX and was told there was nothing she could do about it. I don't know how a system that can not report an accurate balance can automatically default an agreement without a person entering it. XXXX has added attorney fees and court costs to the amount and in looking at what they are currently reporting to XXXX XXXX and Equifax, they are still unable to report an accurate amount. I am sending a copy of what they are currently reporting, one shows a balance of {$7400.00} and the other {$7300.00}. This is the issue I was having and could not get resolved. Even now, the amount they are reporting is off {$130.00}, which is the payment I was not getting credit for along with misc interest still being added. 

I do not think it fair this item was not removed after 2 attempt to get it corrected and the bureaus simply asking for another inquiry instead of someone actually reading what I had sent in and making a decision based on facts that could not be disputed. I also do not think it was fair for XXXX to default my agreement after attempting to get them to correct this issue. They have the upper hand as they can hold me accountable for the contract, yet I can not hold them accountable for failure to do as the contract states in regards to the interest they continued to report as well as keeping and reporting an accurate accounting record. I am not sure what my recourse is for the agencies who failed to correct this but I would like to know the steps in moving forward with an action, I will also seek counsel on what I can do in reference to my contract with XXXX as I believe them to be in breach as well. 

Thank you in advance for your help in this matter. This debt did not arise from an eviction but from my trying to be responsible and buy out of a lease once I found I would not be able to complete it alone. It is unfortunate that in attempting to take financial responsibility as a consumer, I am forced to live in a weekly motel for the foreseeable future. 

Regards

Company response to consumer: Closed with explanation