Consumer complaint received 2019-09-28
Company: Experian Information Solutions Inc.
State: CA
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:
After many attempts to correct items on my credit on line, by phone and fax, I am filing this complaint because the credit bureaus are ignoring the Federal & State Laws ( California, ) for credit. I continue to get updates that either state the information is accurate, ( when it is not, ) or that information that is " Accurate '' can not be removed after 7 years, or even after 10 years. Below is the last letter I wrote Experian concerning these issues, and was based on the CFPB sample letter.

Additionally, I have repeatedly explained that not only is my credit report based on the FCRA, but also on the California bill of Rights, which gives me the right to request information that is older than 7 years whether negative or accurate to be removed from my credit file. There are creditors reporting 15+ years since the file was closed or became inactive, that the bureaus refuse to remove. 

When a company such as XXXX XXXX is transferred the Servicing Rights of my loan from XXXX XXXX XXXX, they may not report for 60 days after the transfer, yet they did. 

When an Error Notice is in progress the company also can't report on my credit, but they did. 

When information is deleted from my report, a new Servicer can not add it back in, but they did. 

Furthermore, my report states ; XXXX XXXX XXXX inquired on my credit XX/XX/XXXX. Even though there permissionable rights to check my check extinguished on XX/XX/XXXX, when the loan was transferred, and sold to XXXX servicing. They had no right to check my credit, but Experian said if they receive confirmation from XXXX XXXX XXXX the " Agency '' checks no further resulting in allowing XXXX  to inquiry. XXXX just lost a lawsuit in XXXX for this very thing, and they are still doing this and getting away with it. 

This is my request in writing for corrections : RE : Investigation Request to Delete inaccurate credit reporting, unrecognized accounts, & outdated ( over 7 years. ) based on the most recent credit report dated XX/XX/XXXX, file # XXXX In accordance with the Fair Credit Reporting Act Section 611 ( 15 U.S.C. 1681I ), and the State of California - Consumer Credit Reporting Agencies Act, CCRA 1785-1788 the California Bill of Rights, or California Code of Civil Procedures : Section 1021.5 I am practicing my right to challenge questionable information that I have found on my personal credit report made on my personal credit report. I am now requesting a re-investigation under Civil Code - Title 1.6 -1785.30, by making this written demand to correct all items disputed within the next 30 days. 

I am also requiring the Experian to correct or delete all items found to be inaccurate during the dispute period. If you have not been provided with any evidence the information originally provided is correct, your agency shall delete the information from my report. If the reported information is not corrected, modified, or deleted, I ask that I am promptly notified and provided with all relevant information that is received by the Agency concerning my dispute.

What is most important is correcting the information reported by XXXX, as I am trying to purchase a home, and their inaccurate reporting has dropped my overall credit scores over 100 points. in the status section for XXXX XXXX  XXXX it should state : Original Creditor was : XXXX XXXX XXXX XXXX Sold on : XX/XX/XXXX Balance as of this date : {$290000.00} Monthly Payment beginning XX/XX/XXXX : {$970.00} Terms : XXXX XXXX months ( See XXXX XXXX XXXX amortization agreement. ) Missing payments made on : XX/XX/XXXX and XX/XX/XXXX in the amount of {$1300.00} The last payment made XXXX for {$1300.00} & isn't documented. It's important to report because this loan changed both lenders & Servicer 's with the first payment to the new lender on XX/XX/XXXX not shown nor XX/XX/XXXX. 

Under RESPA there is a 60-day period beginning on the effective date of transfer of the servicing of any federally related mortgage loan, a late fee may not be imposed on the borrower. This is often misinterpreted as meaning that after 60 days the new mortgage loan servicer MUST report the account to the credit bureaus. This is incorrect. The 60-day rule simply says that credit reporting can not occur if a payment has been made, not that credit reporting is required. 

I have filed a complaint with the CFPB on XX/XX/XXXX, which is why Experian opened a re-investigation for XXXX. CFPB generated a copy of my complaint, with documentation directly to you. 

XXXX XXXX XXXX : Balance as of this date : {$290000.00} Monthly Payment beginning XX/XX/XXXX : {$970.00} Terms : XXXX yrs or 389 months ( See XXXX XXXX XXXX amortization agreement. ) Loans Paid ( not unknown ) Comments : Sold/Transferred XX/XX/XXXX ( instead of Transferred to another office ) Some of the information was correctly deleted in the report dated XX/XX/XXXX, as requested, while other information was disregarded because the creditor stated it was accurate, did not provide the information or Experians policy is against deleting accurate information until after 10 years, this is a violation under the FCRA and the California Bill of Rights, which states ALL information ( other than a bankruptcy or judgement ) must be deleted after 7 years. 

INCORRECT ACCOUNT INFORMATION The accounts below are reporting incorrectly please investigate these : 1. XXXX XXXX XXXX account # XXXX closed over 7 years ago/ Auto Loan 2. XXXX XXXX XXXX account # XXXX closed over 7 years ago/ Auto Loan 3. XXXX XXXX XXXX account # XXXX closed over 7 years ago/ Auto Loan 4. XXXX XXXX XXXX account # XXXX closed over 7 yrs ago/ Credit Card 5. XXXX XXXX XXXX account # XXXX / Credit Card Paid ( under Loans it shows Unknown ) I ask that Experian provide me the following information concerning the results of this Re-investigation 1. The date you contacted the creditor 2. The contact information for the creditor 3. The name of the person who verified the item to you 4. The method of communication you used to verify this information 5. Did the creditor provide you with my SSN, address, and Date of Birth?

6. Concerning XXXX   What proof was provided to your company allowing XXXX to report after the Transfer? 

Results of Re-investigation Please provide me with the following once your investigation is completed : A statement that the Re-investigation has been completed A Revised Consumer Report A Description of the Procedure used to Determine the Accuracy How did you arrive at the Completeness of the information I was provided? 
Any future Notifications ( under subsection - d ) are furnished to me. 

Please take this seriously ; If my concerns are not addressed immediately, and I am denied final approval on my home loan, I plan to take XXXX to court, and have a judged decide how extensive my losses were.

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 non-monetary relief