Consumer complaint received 2017-09-07
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:
I made a compliant to CFPB ( about the negative charge off information reported by XXXX XXXX to the three major credit reporting agencies ( XXXX, Equifax, and XXXX ) that has reduced our credit rating from excellent to poor and led to a great hardship for my wife and myself. We are both in our XXXX and were planning on moving to a retirement residence but now are limited from doing this because of our poor and inaccurate credit rating. It has also caused a difficulty in our attempt to secure a loan modification in our mortgage which would allow us to remain in our house on our income from social security and a small pension.
Our CFPB case number was XXXX and was responded to by XXXX XXXX Senior Specialist, Corporate Consumers Relations, XXXX XXXX. CFPB closed my complaint without taking action or any further investigation upon its receipt of the letter. Closing the case was incorrect. Attached in a copy of XXXX XXXX letter with my review. Inaccurate and misleading statements are in red font and comments are located adjacent to each of her statements that need modification or deletion.
I have now been the victim of two instances of deceptive marketing tactics by two divisions of XXXX XXXX  titled XXXX XXXX XXXX and XXXX XXXX XXXX In XX/XX/XXXX the CFPB ordered XXXX XXXX XXXX in several actions each required large sums of monetary relief to consumers harmed by its illegal and discriminatory credit card practices. A consent order was signed on XX/XX/XXXX as regards the XXXX XXXX card I had. XXXX XXXX retail card platform was headed by XXXX XXXX XXXX, who is now President & Chief Executive Officer of XXXX XXXX. XXXX XXXX name was changed to XXXX XXXX on XX/XX/XXXX.
The same practices which I was subjected to with XXXX XXXX, have now been imposed on me by XXXX XXXXt despite the fines imposed on XXXX XXXX now a subsidiary of XXXX XXXX. On XX/XX/XXXX incurred a bill for {$980.00} from XXXX XXXX of XXXX, OR. My car had to be towed to XXXX the dealer and I was told that it would be {$980.00} to do the repairs. When I expressed that this amount would be beyond my resources, the XXXX service employee said they would finance it for one year at no interest. My son called XXXX, was told the same, so my son recommended that I go ahead with the repairs. I paid {$580.00} and financed {$400.00}. Additional fees were not explained at the time I received the loan. Before or after executing the contract, no explanation was given of the deferred interest component and the other fees associated with this account which were in the fine print of the contract. The statements received from XXXX XXXX showed the deferred interest would begin in six months and not a year and was the first indication of any additional fees.
I have sent my check for the {$400.00} for payment of the financing by XXXX XXXX for payment in full. The check has a restricted endorsement for XXXX XXXX to sign acknowledging payment in full. I refuse to pay any added fees tacked on to the original balance.
I received a letter dated XX/XX/XXXXfrom XXXX XXXX XXXX XXXX-XXXX XXXX Creditor that my XXXX XXXX  Credit Card had been cancelled by XXXX XXXX. I did not know until then that XXXX XXXX was affiliated with XXXX XXXX This is further evidence that my credit is being seriously impaired by the uncalled-for trade practices of XXXX XXXX.
When I realized in XX/XX/XXXXthat I was victimized by not having received the written disclosures creditors are required to be given before opening an account under Regulation 12 C.F.R. {$1000.00} {$1000.00}. I was not advised of the following : 1. XXXX XXXX ( now XXXX XXXX ) charges 26.99 percent interest on the consumers declining balance.
2. Interest is charged from the date of the original purchase and compounded monthly ) not from the end of the promotional period if the original balance was not paid within promotional period.
3. The additional fees added were not explained.
XXXX XXXX XXXX  Senior Specialist, Corporate Consumers Relations, XXXX XXXX  in her denial letter dated XX/XX/XXXX stated that it is the accountholders responsibility to review billing statements and contact their customer service department with questions regarding their account. This is not workable since the service department does not reply or answer phone calls. I wrote two complaint letters and made numerous phone calls in XX/XX/XXXX when I became aware of incurring deferred interest and previously undisclosed fees which were costly and unanticipated.
The amount charged off of {$2000.00} was not reported to the credit bureaus until XX/XX/XXXX. This is more than four years from the last purchase. The only amounts added after my last purchase consisted of deferred interest and penalties. During the time I had an open account with XXXX XXXX I had purchases of {$3400.00} and made payments of {$2900.00} representing 86 % of my purchases. If all my purchases had been applied to principal, my balance would only be {$490.00}. Deferred interest and fees represent {$1500.00} or 76 % of the amount reported as charged off to the credit bureaus.
XXXX XXXX in her reply states that the company policy is that payments that are 30 days past due are reported to the credit bureaus. Because the delayed charge off reported to the credit bureaus more than four years any charge off should only be the amount due 30 days after my account was 30 days past due according to their own policy. The report shows that I made payments until XX/XX/XXXX.
XXXX XXXX did not consider me a credit risk as late as XX/XX/XXXX when I was given the loan of {$400.00} to pay for car repairs at XXXX XXXX in XXXX, Oregon by XXXX XXXX XXXX. It was only one month later in XX/XX/XXXX that XXXX reported the charge off to the credit bureaus resulting in thes now poor credit rating whereas it was excellent prior to XX/XX/XXXX. I never received an explanation of why I was approved for a loan and one month later referred to the credit bureaus for a disputed balance which according to the company, s own policy should have been reported 30 days after it became delinquent.
It was ordered by CFPB that XXXX XXXX XXXX ( later merged into XXXX XXXX ) desist the unfair and deceptive acts and practices and take affirmative action to reimburse victims of the deferred interest group. I have no record of receiving any communication regarding reimbursement.
XXXX XXXX who denied my complaint is an employee of the consumers relations department which has no authority for approval or denial of request. If she has the authority to deny my request, please require her to furnish a copy of her job description showing her authority for removal of a referral made to credit bureaus. XXXX XXXX does not have possession of an application signed by me that agreed to the interest and fees I was charged. Without proof of my agreement to these terms and conditions, I should not have been charged for any amount other than principal.
Although I met the specific criteria for filing a claim for a refund of the deferred interest that I had paid, I have no record of receiving a claim form for a refund. XXXX XXXX advises that the agreement fund has now been paid out in full.

Company response to consumer: Closed with explanation