Consumer complaint received 2023-11-06
Company: CARS Acquisition, LLC
State: AZ
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
I purchased a vehicle from XXXX XXXX, in XXXX, Arizona, XX/XX/XXXX. I was only contracted with XXXX XXXX, per contract. Car Financial Services is committing Identity Theft, pursuant to XXXX XXXX XXXX ( q ) ( XXXX ) by continuously fraudulently reporting to XXXX, XXXX and XXXX, regarding my contract agreement with XXXX XXXX. I have requested, on several occasions, that Car Financial Services provide the documentation that authorizes ANY use of my credit profile. I spoke with XXXX XXXX and XXXX XXXX, via phone, at the XXXX XXXX for Car Financial Services, on XX/XX/XXXX, regarding the unlawful reporting by Car Financial Services. I informed both employees that not only was Car Financial Services unlawfully reporting on my credit profile, but reporting TWICE for the same car loan. XXXX and XXXX cited, what they believed would be on the contract, as the foundation for the continued Identity Theft, stating that the clause in the box at the top of the contract allowed XXXX XXXX to transfer the contract to an " Assignee. '' I informed both, XXXX and XXXX, that the contract proves that XXXX XXXX is also the " Assignee '' on the contract, not just the seller. XXXX and XXXX cited the fact that the file had been returned to XXXX XXXX due to alleged incomplete payments being made for the vehicle, and XXXX XXXX allegedly paying off the vehicle on my behalf. I informed XXXX and XXXX that this information was, again, incorrect, as was the payment history being reported to the three major credit reporting agencies ; as all three agencies show different information and none which is correct. XXXX and XXXX informed me they had no further records to provide, and refused to provide any information regarding how to speak to Car Financial Services Legal Department. I was able to find the contact information for Car Financial Services. I was contacted by someone purported to be XXXX XXXX XXXX, a legal representative for Car Financial Services. XXXX informed me of the same information as the previous Car Financial Services representatives : that the contract with XXXX XXXX authorized the credit reporting by Car Financial Services and, the contract and payment history are the only available information the company currently has, after returning the file to XXXX XXXX. I, again, informed the Car Financial Services rep that in accordance with 15 USC 1681 the company only had 3o days to prove authorization existed. Car Financial Services still has not and can not produce the demanded documentation, and has refused to act lawfully by ceasing to report the unverifiable derogatory information attached to my current credit profile. As of this writing, Car Financial Services has unlawfully reported a total of 46 months to XXXX, between the two times the company appears for the same car loan. As of this writing, Car Financial Services has unlawfully reported more than 40 times, prior to having one of the duplicate loan entries removed XXXX, XXXX ; but still continues to negatively report on the other, as of this complaint. XXXX removed both Car Financial Services entries after a dispute challenging the XXXX XXXX Compliance of the records presented for reporting the alleged account. Both accounts appeared on the XXXX credit profiled for more than two years. 
XXXX, XXXX, and XXXX all improperly used my consumer report by securitizing consumer data, yet refusing to provide a copy of my CONSUMER FILE NOT MY CONSUMER REPORT. All three bureaus and Car Financial Services are liable under their SEC agreements to follow certain rules concerning consumers. I will be filing 211 Treasury OMB Forms to audit consumer accounts. The above-mentioned companies are obligated by the FCRA to report accurate accounting. I have advised all listed parties that ALL delinquent reporting for this account is fraudulent, per law. I am, again, demanding the appropriate documentation, signed application with a wet ink signature. I am not asking for an XXXX report. If the said companies do not have the appropriate documentation to show these were in fact authorized reportings it must be removed immediately. 

I have attached a copy of the contract, which shows no sign of Car Financial Services, and assigns the contract as a " Buy-Here, Pay-Here '' transaction to XXXX XXXX. Paragraph 11 of the contract states : " This contract, together with any other written agreements contemporaneously executed by you and us, constitutes the ENTIRE agreement between you and us and may not be altered or amended unless made in writing and duly executed by you and us. ''

Company response to consumer: Closed with explanation