Consumer complaint received 2016-12-08
Company: EQUIFAX, INC.
State: NY
Product: Credit reporting
Issue: Incorrect information on credit report
Sub-issue: Account status

Complaint:
Equifax has illegally re-aged the account to an incorrect date of delinquency resulting in keeping negative credit reporting on my account longer than allowable by law for an inaccuracy on my credit reports, regarding XXXX account # XXXX, which you claim has an original date of delinquency of XXXX, which is also being reported negatively as 120+ days past due. 

They have failed to provide me with any evidence or documentation that this item is being reported correctly. In fact, further research and documentation indicates from both the original creditor AND XXXX and XXXX resulting in both agencies deleting negative information, proves that they are not following the law and investigating appropriately. I have sent them a final communication that if the account is not deleted I will sue : Attached please find : Exhibit 1 provided by XXXX the original creditor showing the original delinquency date of XX/XX/XXXX which resulted in the account going to internal collection and charge off settlement. 
Exhibit 2 EQUIFAX credit report ( YES, your OWN report showing history of late payments of 30 days based on the 81 month payment history that the account was already 30 days past due in XX/XX/XXXX PROVING the reported initial date of delinquency could NOT have been XXXX. Based on this information alone the account should have aged off the Equifax report with out dispute. As a result you have ILLEGALLY re-aged this account and are in violation of FTC regulations and the FCRA. 
I request immediate DELETION of the negative account. 
Exhibit 3 XXXX Credit report showing 30 day late payment status of this account in XXXX, XXXX resulting in immediate removal from my credit file. 
Exhibit 4 XXXX Credit report showing 30 day late payment status of this account in XXXXXXXX resulting in immediate removal from my credit file. 
Exhibit 5 showing the dispute status on XXXX and NO credit reporting which again should have resulted immediate account deletion. 
Exhibit 6 showing status on XXXX that customer disputes information yet incorrect information STILL remains. This is long past the 30 days a proper investigation should have resulted in the account deletion. 


Given that I believe you are acting in bad faith, and have not complied with the Federal Trade Commission ( see 15 USC 41, et seq. ), I am preparing to file a Small Claims lawsuit against you in a venue local to me, as well as reporting you to the Federal Trade Commission and the Federal Consumer Protection Bureau. 

I have maintained careful records of all correspondence sent by myself, the return receipts that you signed for indicating that you received the letters, copies of my credit reports to indicate that you continue to report this debt after receiving the request for debt validation that you have ignored, all of which I will use as evidence to support my claim. 
I will be seeking {$3500.00} in damages for : 1. ) Negligent Reporting 2. ) Violation of the Fair Debt Collection Practices Act. 
3. ) Violation of the Fair Credit Reporting Act This is your FINAL NOTICE. As I have already given you well more than the 30 days required by law, you will now have 15 DAYS to correct the information being reported on my credit report and to send me a response or I will file suit. If you fail respond and I file a small claims suit against you, prior to our court date, if you should decide to correct your records and remove the negative and false item in question, please contact me at the address below, and I will subsequently drop the lawsuit provided that the information is removed first and I am reimbursed for filing fees

Company response to consumer: Closed with explanation