Consumer complaint received 2019-11-08
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 status incorrect

Complaint:
In regards to my complaint submitted on XX/XX/XXXX I received a response on how to get the inaccurate information removed from my Equifax credit file. The company XXXX    XXXX has received several certified letters from me to stop reporting an account that does not belong to me as closed. Through my original cfpb complaint the company responded requesting an affidavit and Identity Theft Report I have provided them both at least twice with all the proper paper work for my dispute and they continue to report it to Equifax as a closed account. These negative account should be removed immediately I am requesting it to be completely removed from my Equifax credit report and that the company provides my with an actual document with my original handwritten signature showing this belongs to me in 10 days or less. Below I have provided the details from my original complaint. 


In XX/XX/XXXX I filed an Identity Theft Report submitted to Equifax, XXXX, and XXXX  I sent them certified to all three credit bureaus in regards XXXX XXXX XXXX XXXX Original Debtor Reporting : XXXX XXXX XXXX as closed in the amount of XXXX XXXXThey continue to report the account with a balance to the credit bureaus as closed or open. The item should be completely removed. I have requested on multiple occasions for the creditors to send me a signed document with my signature as proof under the FCRA and they have continued to report the debt as valid with no proof with my signature on any document. They continue to send me letters after the dispute saying the debt is valid with NO documents with my signature on it. The credit bureaus notified me there was one more document I needed to submit with my dispute. I submitted ALL of the necessary documents via certified mail and I have called the credit bureaus who are now denying that they have received my documents, which is false one of their representatives verified on a recorded line that they have received my documents and the items will be removed by XX/XX/XXXX or no later than XXXXI called back the next day to verify that the item would be removed by the dates stated. To my surprise the rep said they never received my documents. I called back and spoke with two supervisors and they said they have not received my documents, which is false because the letter was sent certified with tracking information. XXXX XXXX continues to report these balances on my report. I would like to be done with this process it has been costly to me. Under section 605B of the Fair Credit Reporting Act the item reporting by XXXX XXXX Original Debtor Reporting : XXXX XXXX XXXX as closed in the amount of {$250.00} should be completely blocked and deleted from my credit reports. 808. Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The collection of any amount ( including any interest, fee, charge, or expense incidental to the principal obligation ) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. ( 2 ) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector 's intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit. ( 3 ) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution. ( 4 ) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument. ( 5 ) Causing charges to be made to any person for communications by concealment of the true purpose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees. ( 6 ) Taking or threatening to take any no judicial action to effect dispossession or disablement of property if -- ( A ) There is no present right to possession of the property claimed as collateral through an enforceable security interest ; ( B ) There is no present intention to take possession of the property ; or ( C ) The property is exempt by law from such dispossession or disablement. ( 7 ) Communicating with a consumer regarding a debt by post card. ( 8 ) Using any language or symbol, other than the debt collector 's address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business. 15 USC 1692g 809. Validation of debts ( a ) Notice of debt ; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -- ( 1 ) The amount of the debt ; ( 2 ) The name of the creditor to whom the debt is owed ; ( 3 ) A statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) A statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) A statement that, upon the consumer 's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. ( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor. ( c ) Admission of liability The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. ( d ) Legal pleadings A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection ( a ). ( e ) Notice provisions The sending or delivery of any form or notice which does not relate to the collection of a debt and is expressly required by title 26, title V of Gramm-Leach-Bliley Act [ 15 U.S.C. 6801 et seq. ], or any provision of Federal or State law relating to notice of data security breach or privacy, or any regulation prescribed under any such provision of law, shall not be treated as an initial communication in connection with debt collection for purposes of this section. 15 USC 1692h Attachments Identity Theft Letter to a Credit Bureau ( Equifax ) .doc ( 33.5 KB ) XXXX  IDENTITY DISPUTE LETTER XXXX XXXX ( 29 KB ) XXXX XXXX  XXXX ( XXXX XXXX XXXX ) XXXX ( 26.5 KB ) XXXX   IDENTITY THEFT DISPUTE LETTER XXXX XXXX ( 29.5 KB )

Company response to consumer: Closed with non-monetary relief