Consumer complaint received 2022-11-09
Company: Experian Information Solutions Inc.
State: SC
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:
*****SUPERVISOR*****SUPERVISOR******SUPERVISOR*****SUPERVISOR**** THIS IS NOT A DUICATE IF YOU DELETE WILL XXXX  AS XXXX EVIDENCE OF THE CFPB SHOWING WILLFULL NEGELECT TO THEIR DUTY OF ALLOWING CONSUMERS A WSY TO FIGHT THE WRONGS OF THE CRA, MY NSME IS XXXX XXXX XXXX  XXXX XXXX I AM A HUMAN BEING A LIVING PERSON IF THE CFPB DETES THIS VOMPLAINT I WILL BE CALLING AN ATTORNEY TOMORROW TO FILE LEGAL SUITE AGSINST THE CFPB AND THE CRA 'S AS WELL AS WILL I BE CONTACTING THE FTC BECAUSE YOU WILL BE DENYING MY RIGHTS THAT ARE FEDERALLY PROVIDED TO ME BY YOUR GOVERNING BODIES OF LAW!!!!!!!!! @ JOEBIDEN, @ FTC, @ CONSUMERLAW **********cfpb*************cfpb************cfpb*************cfpb ************Please advise : XXXX**I am a real living human, and this it not a duplicate and has been written by mysel XXXX XXXX XXXX XXXX with out the assistance of any other parties , or business of any kind************* This complaint is in responce that was lodged with the cfpb portal AGAINST the CFPB.I do not understand why there is no responce to my complaint AGAINST the CFPB but instead there is a responce from the creditor???????????? I will show that XXXX XXXX has not been telling the truth my using their statments from Complaint # XXXX .Ihave previously stated in complaints over and over yet no one addresses the clear violation of the fcra even though XXXX XXXX claims that they are '' bound by the fcra '' the following are my past and current issues and reasons this file should be deleted from my credit file The FCRA and the FACTS ACT and the SOUTH CAROLINA CONSUMER PROTECTION ACT all state that deletion is a permissable action given the following concerns and factual statements... .. XXXX XXXX responded to my statement that the account is listed incorrectly with the following statement in complaint # XXXX : On XX/XX/XXXX, you and XXXX XXXX signed a Retail Installment XXXX XXXX Finance Charge ( Contract ) for the purchase of the XXXX XXXX XXXX ( VIN # XXXX ) ( Vehicle ) with XXXX XXXX XXXX XXXX XXXX XXXX XXXX, which was later assigned to XXXX XXXX The Contract payment schedule provided for 72 monthly payments of {$830.00} beginning XX/XX/XXXX. As of XX/XX/XXXX, the account reached 122 days past due and was charged off. Following the charge off, on XX/XX/XXXX, XXXX received a payment in the amount of {$13000.00}, which settled the account in full for less than the total amount owed. Ok so that being their responce, and my claim that it should be listed as paid in full is backed up by no where in their responce to they mention the XXXX that XXXX XXXX  issued me for every XXXX of the diffrence and being that they isued me a 1099 for the diffrence from what the dealership paid that would render that account " payed in Full '' being they as a company are no loger liable for that taxable dollar amount. next .... Ina previous complaint # XXXX i lodged against XXXX XXXX I disputed the above topic as well as XXXX on XXXX stating in Complaint # XXXX that " In response to those disputes, XXXX records were reviewed, and the information reported to the CRAs, was confirmed to be accurate ; therefore, no adjustments are necessary. '' well I formally requested that i be given all of the evidence used against me in forming a desion and was denied acess to sid evidence, wich is required of XXXX XXXX  acordin to a set of laws that they say they are bound by being FCRA, and the others are the federal facts Act, as well as the south carolina Consumer finance protetction act, and the action of not providing those requested documents in the allotted time is grounds for deletion!!!! There is Zero despute that the are past the allotted time to provide the evidence so there for i move that you the CFPB force the hands of justice and use the law that they are bound by ( as they mentioned ) to have this file deleted. Just incese that the rebuttal of XXXX XXXX  is that they told me i would need a warrant for the records, i can not find case law anywhere that states i need a warrant for a recording of a set of phone calls where i am a participant of the conversation, there fore there should be no need for a court order to be given those records, in the recording leading to a phone call they advise that calls are recorded for quality assurance and traing purposes, but no where do they explicitly ask for my permission but I am ok with the recording part honestly, But XXXX can not use the warrant statement to show cause for no evidence to be presented being that my request was for Any and all evidence including but not limited to the recorded phone caals where their customer service rep aggreed to make the account show as paid in full instead of a charge off if They did not need to use their resources to reposses any I either found other financing or traded it in. ( wich i did do sucessfully ) *****According to federal laws their failure and REFUSAL to provide the consumer with the requested evidence Is grounds for immediate deletion ******* **************CFPB**************CFPB*****************CFPB*********** The fact that XXXX XXXX has openly admitted to having in possesion call recordings and other evidence that would support the Charge off that they are listing on my credit file but refuse to comply with a evidence Fully Legal evidence request, by defacto makes their claim of the charge off its self illeagle and unferifiable, being that THE fcra, the FEDERAL FACTS ACT and the South Carolina Consumer laws state that if a consumer launches a dispute for reinvestigation that the CRA shall now take into account the consumers thoughts and statements not just update the info supplied by said creditor and that the creditor must show the evidence that disproves the consumers dispute and they have not done so in fact they have done the complete opposite and refused to do so. In closing I will quote the South Carolina rules for reinvestigation and show how they being the creditor and the fcra have violated my rights every time i have disputed this file all the way back to the first time as they have never followed protocall of the laws they claim in their own words to be bound by!!!! I say that the laws are to be followed as stated and are not open to person to person interpitation so that being said : SECTION 37-20-170. Disputes as to accuracy of consumer records ; penalties for wilful or negligent violations ; attorney fees ; civil damages and injunctive relief. ( A ) If a consumer disputes the accuracy of an item in the consumer 's records with a consumer reporting agency, the consumer may give notice in writing to the consumer reporting agency specifying in what manner the report is inaccurate and the consumer reporting agency shall reinvestigate the inaccuracy at no charge to the consumer, provide the consumer with sufficient evidence that the information is true and accurate information as it relates to that consumer, and record the current status of the disputed information. The consumer reporting agency shall provide forms for that notice and shall assist a consumer in preparing the notice when requested. ( B ) Within thirty days after receiving a notice of inaccuracy, a consumer reporting agency shall deny or admit the inaccuracy to the consumer in writing. If the consumer reporting agency denies the inaccuracy, the consumer reporting agency shall include the following information with the written results of the reinvestigation : ( 1 ) the basis for the denial ; ( 2 ) a copy of the consumer 's file that is based on the consumer 's file as revised as a result of the reinvestigation, including the business name and address of any furnisher of information who was contacted in connection with that information and, if reasonably available, the telephone number of the furnisher ; ( 3 ) a notice that, if requested by the consumer, the consumer reporting agency shall provide the consumer with a description of the procedure used by the consumer reporting agency to determine the accuracy and completeness of the information; and ( 4 ) sufficient evidence that the information is true and accurate information as it relates to that consumer. I have requested all of the things in this section and been provided none of them I have been provided a copy of a credit report and an either alert online to see my results where it only says updated I have never been supplied what the law says i am to be provided so I move that with the clear in plain verbage shown the numerous violations by the cra and tha creditor PLEASE REMOVE FILE ASAP Next is the penalties for the violations because this has been going on after being told repeatdly of the violations... ( C ) If the consumer reporting agency admits that the item is inaccurate, it shall correct the item in its records and, on request by the consumer, it shall inform any person who within the last six months has previously received a report containing that inaccurate information. ( D ) In addition to all other penalties that may be imposed, a consumer credit-reporting agency or other person that knowingly and wilfully violates a provision of this chapter is liable for three times the amount of actual damages or XXXX XXXX dollars for each incident, whichever is greater, as well as reasonable attorney 's fees and costs. ( E ) In addition to all other penalties that may be imposed, a consumer credit-reporting agency or other person that negligently violates this chapter is liable for the greater of actual damages or XXXX XXXX dollars for each incident, as well as reasonable attorney 's fees and costs. ( F ) In addition to the damages assessed pursuant to subsections ( D ) and ( E ), if the injury is to the consumer 's creditworthiness, credit standing, credit capacity, character, general reputation, employment options, or eligibility for insurance, and results from the failure to take inaccurate information off of a credit report and the failure is not corrected by the consumer credit-reporting agency within ten days after the entry of a judgment for damages, the assessed damages must be increased to XXXX XXXX dollars each day until the inaccurate information is removed from the consumer 's record. ( G ) A consumer seeking damages pursuant to this section also may institute a civil action to enjoin and restrain future acts constituting a violation of this chapter. ( H ) The remedial provisions of this chapter are cumulative of and in addition to any other action at law and any action taken by the Department of Consumer Affairs pursuant to XXXX XXXX. ( I ) This section is not intended, and must not be construed, to confer liability on a person who acts reasonably and who does not act wilfully or negligently.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation