Consumer complaint received 2018-01-30
Company: Diaz & Associates, Inc.
State: FL
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: Was not notified of investigation status or results

Complaint:
I filed a complaint with XXXX through the XXXX website and received confirmation that the complaint had been accepted. Upon contacting XXXX  directly, they advised that I would not be allowed access to my credit report for 30-45 days pending the investigation of the dispute. Additionally, because I had not verified information through their website, I would not be able to obtain status of this dispute until after it was resolved, again back to 30-45 days. Of course, none of these warnings were given to me prior to filing the dispute. Despite accepting the dispute from XXXX, they would not take additional disputes from me until the original dispute single item was resolved which could take 30-45 days thought there are multiple inaccuracies on my credit report, which they still provide to 3rd parties. 

The entire complaint starts information being reported to the credit bureau as the result of a XXXX XXXX XXXXDiaz and Associate Loan which was included in a XX/XX/17 settlement with the State of Oklahoma in which the debt was to be forgiven and negative information removed from the credit bureaus. Despite this and numerous settlements in multiple states and federal courts regarding these loans, all three credit bureaus continue to perpetuate the fraud by allowing collection agencies to report this information. As a consumer who has already been the victim of predatory lending as deemed by several Attorneys General and Federal Court Action, I now fight a system in which collections agency information is accepted as fact, with no due diligence on the accuracy or legality of the information by the bureaus who report it or the collection agencies who own it. The collection agency in question Diaz and Associate, obtained the debt 6 months after the settlement and despite easily accessible public information regarding the settlements, still tries to collect it, even today when I was calling to find out why it had not been removed. 

Meanwhile, the credit reporting agencies take no responsibility for the legality or accuracy of the information being given to them. The collections agencies take no responsibility for knowing anything about the debt the buy en masse and there are no consequence and its up to individual consumers to do all the leg work. It feels that the entire systems is set up as a FRAUD against consumers. Guilty until you prove yourself innocent. 

All the while, new processes are put in place to protect these agencies and allow them to perpetuate information the factual inaccurate information on lengthy times that are not acceptable in the digital age. All parties seem to have and excuse not to do anything, while consumers are denied credit or fight lengthy battles on artificial timelines through convoluted process just to correct information that should be there to begin with. 

Frankly, I could commit a crime and the constitution protects me from double jeopardy yet we routinely allow credit reporting agencies to impose double jeopardy in Charge Off accounts with subsequent collections accounts ( sometimes in multiples ) as the debt is sold and resold. While I am not a Constitutional Lawyer, our founding fathers probably didn't foresee our digitally enabled world, they were onto something with the Fifth Amendment. We allow this credit reporting oligopoly to collude solely for their own benefit with no consequences. Yet we wonder why Americans question if the system is rigged against them - it is! 

Believe it or not, there is even more to the story. I give up!!!

Company response to consumer: Closed with explanation