Consumer complaint received 2020-07-31
Company: EQUIFAX, INC.
State: PA
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:
Payments were not more than 30 days late XX/XX/XXXX Payment was made on XX/XX/XXXX extension was given on account on XX/XX/XXXX payment was 15 days late not XXXX XX/XX/XXXX Payment was made on XX/XX/XXXX extension was also given on XX/XX/XXXX payment was 13 days late not XXXX XX/XX/XXXX Payment was made on XX/XX/XXXX and also XX/XX/XXXX payment was 18 days late not 30 and 1 day late in XXXX None of these payments were more than 30 days past due Arbitration was not granted after requested Page 4 of the purchase contract allows for Arbitration and that request was ignored by XXXX XXXX on XX/XX/XXXX and ignored by XXXX XXXX repeatedly from XXXX to XX/XX/XXXX Pay for delete letter was accepted by XXXX XXXX XXXX accepted my offer on XX/XX/XXXX when they cashed check # XXXX and they were to remove the late payments that werent even accurate as reported. The offer was made by me with the check and the letter laid out the offer and was clear with a provision that if this offer was refused, to send the check back and we could also take this to Arbitration, which was ignored. The consideration was not given to me, as XXXX kept the check, cashed it and this would be failure of consideration, as XXXX violated the contract that was presented here. 



Dealership deceptive practices ignored XXXX endorsed the actions by XXXX XXXX XXXX, when they made me pay for the sales tax out of pocket and was not included in the finance agreement. XXXX XXXX XXXX also changed the down payment on me right as we were doing the deal and strong-armed me into the deal. Saying my down payment wouldnt be refunded. I mentioned this numerous times and XXXX showed no interest in making this matter correct. 



XXXX engaged in several actions that would violate the agreements we had and I just want these late payments removed to make this correct and we can all move on. 



here is the letter I sent the letter sent before along w the check XX/XX/XXXX Re : Account Number XXXX Dear Credit Report Dispute Dept, Recently i sent a letter with my side of this dispute that has been ongoing and a resolution offer to this account and it was based on conversations we previously had. I sent a check for {$100.00} and in the letter, it stated that if the check is cashed, that the agreement is being accepted, as it also indicated that on the check. I have not seen any change in my credit report and this is in violation of our agreement. You entered into a contract with me when you accepted the agreement with the check being the key instrument in this agreement. If you are unwilling to live up to your end of the agreement, please send the check back and/or the {$100.00} in question, as it was mentioned in the letter. I have attached a copy of the cancelled check and the letter i sent. Im asking either you refund my money that I sent to you due to failed performance of the agreement or to change my credit report to paid off/closed, along with removing ALL late payment and negative information, as you agreed to do when you accepted my letter and check or else just delete this account from my credit reports all together. 



As you know, the three basic elements to a contract are : ( 1 ) an offer ; ( 2 ) an acceptance of the offer ; and ( 3 ) sufficient consideration to support the offer and acceptance. In addition, there must be a reasonable certainty as to what the parties are to do, or not to do, when they are to do it, and what the consideration is. Finally, the parties must be competent to contract, that is, they must be of sufficient age, in reasonable possession of their wits, and not under legal XXXX. In Pennsylvania, a breach of contract action involves ( 1 ) the existence of a contract, ( 2 ) a breach of a duty imposed by the contract, and ( 3 ) damages. Like an offer, an acceptance can be express or implied, written or oral and when you cashed the check, it was implied that you accepted my offer due to the fact it was specifically expressed in this agreement. There was a chance for you to reject this offer, as by law, the person to whom an offer is directed may reject the offer. You could have sent the check back and declined my offer, but the check was cashed with everything made out clear in both the letter and on the check itself. The person may also make a proposal of her own, that is, make a counteroffer, but no counteroffer was made to me, but rather an acceptance of my offer, which was reasonable, not complicated and clearly expressed. If you couldnt honor the agreement/contract, the check should have been sent back explaining that it cant be accepted under these circumstances, but it wasnt. 



I didnt ask for this account to be deleted, but I wanted the negative information changed due to the fact that it was reported inaccurate with misinformation given by your company, when I have repeatedly submitted evidence to the contrary. All i wanted here was a fair resolution and i have attempted to send several letters and offers to resolve this matter. Your company accepted my last offer and Im asking that you honor it and if you tell me that you can't honor it, than i need to know why and what you plan on doing to make this situation right. Why would you accept an agreement that you know that you can't honor? I never ran away from this matter, as i have sent letter after letter, made several calls and i have been ignored. The bottom line here is that I made an offer, laid out the terms clearly and you accepted by cashing the check. I do want to resolve this matter and i look forward to your reply. 





XXXX XXXX Here is the letter I sent in full with a copy of the cashed check by your company XX/XX/XXXX Re : Account Number XXXX Dear XXXX XXXX, This letter is in response to our conversations from a few weeks ago and this is related to the account referenced above. I wish to save us both some time and effort by paying off this loan with some of the late fees that were not fairly posed onto me. This is an attempt to resolve this matter peacefully and I have enclosed payment to resolve this account without either side admitting any wrongdoing or any dispute over the reporting of this debt and this account will be shown as paid off/closed and any subsequent negative information referring to this account will be removed from my three credit reports ( XXXX, Equifax and XXXX ). 

I am aware that your company has the ability to report this debt to the credit bureaus as you deem necessary. Furthermore, you have the ability to change the listing since you are the information furnisher. This debt has not been reported accurately and I want to finally put this matter to rest with this offer. 

I have enclosed a check ( # XXXX XXXX from XXXX XXXX XXXX  in the amount of {$100.00}, which will serve as the final payment to this account, as the other payments was made on your website. This check for your agreement to mark this account on my credit reports ( XXXX, Equifax, XXXX XXXX ) as paid off/closed and remove any negative information ( collection, late payments, charge-off ) on all of my credit reports within three calendar days of payment. If you agree to the terms in this letter, which would be cashing this check ( # XXXX XXXX that I have sent for {$100.00}, which is payable to XXXX XXXX is an binding agreement to have all information related to this account on my credit reports ( XXXX, Equifax, XXXX XXXX ) adjusted accordingly, which would be to remove all negative information ( charge off, collection, late payments ) and show the account as paid off/closed. 

This account was not reported accurately and I want to resolve this as my payments were made with the agreement over the phone of no late fees for payment, but I was charged those anyway and late payment reporting on my credit report, even though I have shown evidence that the payments were not 30,60 or 90 days past due. From the very start of this loan, there have been deceptive practices done by the dealership involved, such as me having to pay all of the taxes owed in full without being included on the loan. The dealership made me not tell you about this after they took my {$2000.00} down payment. They also lied to me about the down payment amount due and the amount of the monthly payment. 

If the check ( # XXXX ) for {$100.00} is cashed that means you are accepting my offer to remove all negative information from all three credit reports and mark the account on my credit reports as paid off/closed and this letter will be treated as a contract and subject to the laws of my state. 

If I do not receive your postmarked or email response within 3 days of cashing the check, stating that letters will be sent to the three credit bureaus ( XXXX, Equifax, XXXX XXXX ) that the reporting of this account will be changed to paid off/closed and any subsequent negative information will be removed ( late payments, charge off, collection ), I will withdraw the offer, request the check to be sent back and request further relief, including arbitration, as afforded to me in the purchase agreement. Im asking for you to send by postal mail a letter to show that you have requested that the three credit bureaus ( XXXXXXXX, Equifax, XXXX XXXX ) change this account on my report to paid off/closed and to remove any information related to late payments, collection and charge off. I hope we can work together and get this matter resolved and again Im not being difficult, but this matter has caused me serious problems and the lack of response I have gotten from XXXX XXXX and XXXX XXXX XXXX over this in the last four years has been very frustrating and this agreement allows us both to walk away clean and peacefully. 

Please forward your agreement to the address listed above. 



Sincerely, XXXX XXXX XXXX quoted text I'm really disappointed that you are showing a total disregard for my concerns and the evidence in this case and not addressing my concerns you said the agremeent was null and void but yet you ACCEPTED the terms of the offer you're not allowed to accept terms of an offer unless your going to honor the offer there was a provision to return the check but you refused to do that cashed the check with the terms clearly laid out I made repeated requests for arbitration and I was ignored in our contract im allowed to request arbitration if there are issues we can't resolve you have also ignored the issues with XXXX XXXX XXXX and the deceptive practices its almost like your endorse how they do business and obtain loans for you Show quoted text

Company response to consumer: Closed with explanation