Consumer complaint received 2022-08-09
Company: EQUIFAX, INC.
State: CA
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 XXXX XXXX, purchased a vehicle on XXXX from XXXX XXXX XXXX dealership located in XXXX, CA. I financed this purchase through XXXX XXXX XXXX ( account # XXXX ) a subprime-auto-loan-service based in XXXX, CA. XXXX added {$1700.00} to my total loan amount charging me an extra XXXX USD ( monthly ) for Loss Damage Waiver ( LDW ) premiums. Due to expensive mechanical repairs and extra fees added I was unable to continue making monthly payments therefore defaulting in XXXX, XXXX. Although I voluntarily surrendered the vehicle XXXX XXXX continued to bill me {$300.00} per month, {$240.00} per original contract and {$59.00} for LDW premiums. My original amount financed was {$5900.00} with an APR of 16.99 % for 30 months equaling to a total of {$7300.00}. XXXX added {$1700.00} to the FULL amount of {$7300.00} equaling to a total of XXXX USD. XXXX added a repo fee of {$250.00} and 5 late fees of XXXX USD. Equaling to grand total of XXXX USD. 
I made 8 payments of {$300.00} and 2 payments of {$300.00} totaling to {$3000.00}. 
XXXX calculated my charge off amount by subtracting {$3000.00} from the balance of {$9400.00} equaling to {$6300.00}. They gave me a finance charge rebate of {$250.00}, LDW Rebate of {$800.00}, and auctioned vehicle price of {$23.00} equaling to {$1000.00}. 
By subtracting {$1000.00} from {$6300.00} it amounts to {$5300.00} which is the amount I was charged off with. 
The biggest problem with this calculation is that no where in the contract did I sign to get the LDW premiums of {$1700.00} added to my total amount AFTER finance charges. I agreed to {$59.00} extra PER month. I made a total of 10 payments equaling to {$1700.00} in paid principal on the amount of {$5900.00} and {$730.00} in interest. My remaining balance should have been {$4200.00}. 
In XXXX XXXX the CFPB issued a consent order to XXXX XXXX XXXX ( File No. XXXX ). 
XXXX XXXX XXXX has violated my rights under the Consumer Financial Protection Act of XXXX  ( CFPA ), Title 12 U.S.C. 5531 ( c ), 5536 ( a ) by engaging in unfair acts or practices by continuing to bill me for Loss Damage Waiver coverage but then failing to provide me such coverage ; and engaging in unfair acts or practices by assessing and collecting various fees that I as the borrower was not contractually obligated to pay under the terms of the Loss Damage Waiver contract. 
Futhermore, XXXX XXXX XXXX failed to report accurate information to the Credit Reporting Agencys ( CRA ) therefore violating my rights under the Fair Credit Reporting Act ( FCRA ) Section 623, Title 15 U.S.C. 1681s2 ( a ) ( 2 ). 
I have disputed the inaccurate information to the three CRAs in which XXXX failed to provide updated accurate information. The inaccuracies include, but are not limited, to incorrect original balance amount, incorrect reporting of monthly payments, and incorrect charge off amount. 
I also filed a complaint through the XXXX XXXX XXXX XXXX XXXX XXXX, the CFPB and the Attorney General of XXXX  in which XXXX XXXX disagreed with my contentions and gave absolutely no resolution. I will once again file a complaint to these government agencies and/or bureaus with updated information and new evidence. 
I will also file a complaint through the Department of Financial Protection and Innovation. 
These clear violations of my rights as a consumer have made me suffer to great extent mentally, emotionally and financially. This has damaged me financially, as those extra charges were the reason XXXX couldnt continue to pay my financial obligations. Therefore, the only acceptable resolution that will satisfy me as an affected consumer is for XXXX XXXX to request the CRAs to delete any and all tradelines associated with me. And for the debt to be dismissed. 
If XXXX continues to prove negligence and doesnt agree to remove this account I will have no choice but to contact the XXXX XXXX XXXX and begin litigation for all violations and damages.

Company response to consumer: Closed with explanation