Consumer complaint received 2022-11-23
Company: Fidelity National Information Services, Inc. (FNIS)
State: OR
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Other personal consumer report
Issue: Problem with a company's investigation into an existing issue
Sub-issue: Their investigation did not fix an error on your report

Complaint:
In this communication to CFPB i will be addressing an ongoing dispute with chexsytems regarding the detention of an item furnished on my consumer report. please see the uploaded attchments XXXX XXXX XXXX XXXX  and use in tandem with this submission. 

My issue was regarding Information that hasnt fully been Deleted as Requested. This is my Consumer ID XXXX on chexsystems for XXXX XXXX XXXX. I am the Authorized Representative of XXXX XXXX XXXX, I am the beneficiary and secured party ; XXXX XXXX ; XXXX The initial dispute and process started when i mailed a physical letter in writing dated XX/XX/XXXX of XXXX, pertaining to request of deletion of a item on my Consumer report in their system listed under " Reported Information '' which states : " ChexSystems ' clients, which consist mainly of financial institutions, furnish information on closed checking and savings accounts, referred to as reported information. ChexSystems current practice is to retain reported information for a period of five years. ( This is important, i will be referring back to this later as i believe and have evidence that they in fact lied about an statement claiming they did something that they in fact didnt. ) The source is under no obligation to remove accurate information, even if paid, but is obligated to update the report with a paid in full or settled in full status and date when applicable. 

They then gave the source of info and additional details, this is what they said below : Source of Information : XXXX XXXX XXXX XXXX ; XXXX XXXX XXXX XXXX XXXX XXXX, XXXX, OR XXXX Phone Number : XXXX Reported For : TRANSACTIONS INVOLVING POSSIBLY STOLEN ITEMS OR CHECKS ; Reported Name : XXXX XXXX XXXX Reported Address : XXXX XXXX XXXX XXXX  XXXX, OR XXXX Reported SSN/ID : XXXX Date of Closure : XX/XX/XXXX XXXX/ACCT # : XXXX / XXXX Orlginal Charge Off Amount : {$3900.00} Closure Status : UNPAID Closure Status Date : XX/XX/XXXX _________________________________________ So I wrote them a physical letter and below is what I said it is a copy of The Writing i physically mailed to chexsystems on the XXXX of XX/XX/XXXX and the address I sent it to, is on their website and its listed on each and every communication in writing i've received from them. here it is below : XXXX XXXX XXXX XXXX XXXX XXXX  XXXX, XXXX XX/XX/XXXX ChexSystems XXXX  XXXX  XXXX XXXX XXXX XXXX XXXX XXXX, MN XXXX RE : Consumer ID # XXXX To Whom It May Concern : It has been brought to my attention that XXXX  XXXX XXXX XXXX XXXX has listed a Charge Off on my ChexSystems file, dated XX/XX/XXXX To my knowledge, I have never had { negative listing ] with XXXX  XXXX XXXX XXXX XXXX I am therefore writing to request full validation of this debt as is my right underneath the Fair Credit Reporting Act. 

Specifically, I am requesting full validation from XXXX XXXX XXXX XXXX including copies of any documentation associated with this a Charge Off which bear my signature. 

In the absence of such documentation, I request that this Charge Off be permanently removed from my ChexSystems report. 

For your records, my contact information is as follows : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX OR ( i will include a XXXX  in the attachment upload of this letter ) I received a response in the mail in writing physically Dated XX/XX/XXXX that came on XX/XX/XXXX, ill attach pictures of these but i will summarize what was said, they stated verbatim : " This letter pertains to communication that CHEX Systems, Inc. ( CHEXSYSTEMS ) has received about information contained in our files. Chexsystems is a nationwide specialty consumer reporting agency under the Federal Fair Credit Reporting Act ( FCRA ). '' which is Title 15 1681 U.S.C they also stated the following : " ChexSystems has initiated a review of the consumer file relative to your communication and will mail additional correspondence to you when the review is complete '' last statement Id like to mention before my next point is they said : " If you have disputed information, under normal circumstances, a reinvestigation will be completed within approximately 30 days ( 21 days for residents of Maine ). 
The procedure that is used to determine accuracy of disputed information is as follows : ChexSystems will review and consider all relevant information. 
ChexSystems will provide notification of the dispute to the source and request that they reinvestigate the accuracy and completeness of the disputed information. 
The source will report the results of the reinvestigation to ChexSystems. 
( i will include a XXXX in the attachment upload of this letter ) which they did not in fact communicate any results as to the Verification from The Financial institution XXXX XXXX XXXX XXXX XXXX. which is a violation of Title 15 USC 1681, also known as The FCRA and this violation will be listed in the section pertaining to damages and remedy. They said they'd mail in 30 days. 30 business days would have meant the deadline would have been XX/XX/XXXX of XXXX, counting XX/XX/XXXX as the first day after the letter they addressed on the XXXX. 

I received no further communications from chex systems and I then requested and received a new consumer report online on XX/XX/XXXX to see if the information was still listed and it was removed as requested, SO I THOUGHT. 

I have been waiting and learning how to dispute this issue since it started at the creditor and I haven't been able to open a checking account with XXXX XXXX XXXX XXXX 

So finally thinking I can go apply and receive membership for a Personal checking account, I go apply to an credit union in XXXX Oregon, called XXXX XXXX XXXX on XX/XX/XXXX, and I couldn't open an account unfortunately because the information is still in chexsystems files. When it should of been removed by law as of request from me the consumer pursuant to Title 15, 1681 ( this will be covered in damages and remedy. ) When I submitted the initial dispute for reported information pertaining to XXXX XXXX XXXX XXXX, I also submitted a request for deletion for EVERY Inquiry listed on my public chex systems report. I only then received correspondences dated XX/XX/XXXX stipulating an inquiry by XXXX XXXX XXXX  which wasn't deleted and had incorrect info that don't identify me so it needs to be deleted permanently pursuant to ( ), and they stipulated Dear XXXX XXXX XXXX, This letter pertains to communication that ChexSystems , Inc. ( ChexSystems ) has received about information contained in our files. ChexSystems is a nationwide specialty consumer reporting agency under the federal Fair Credit Reporting Act ( FCRA ). 
What you need to know : The reinvestigation of the following disputed information is complete. If other information was disputed, you will receive additional written notification from ChexSystems of those results. 
( i will include a XXXX  in the attachment upload of this letter ) They also supplied a consumer report with any and all reported information and or inquiries and onpoint was still listed on Reported information. 

Then i also received another letter on XX/XX/XXXX stipulating XXXX inquiries by XXXX XXXX which wasn't deleted, it needs to be deleted permanently pursuant to ( ), and they stipulated Dear XXXX XXXX XXXX, This letter pertains to communication that ChexSystems , Inc. ( ChexSystems ) has received about information contained in our files. ChexSystems is a nationwide specialty consumer reporting agency under the federal Fair Credit Reporting Act ( FCRA ). 
What you need to know : The reinvestigation of the following disputed information is complete. If other information was disputed, you will receive additional written notification from ChexSystems of those results. 
( i will include a XXXX  in the attachment upload of this letter ) They also supplied a consumer report with any and all reported information and or inquiries and onpoint was still listed on Reported information. 

So at this point i waited and waited for more correspondences and have received none that were requested initially in XXXX. So outside of waiting i did more research and studying to understand my rights as a consumer and understanding the law that CRAS are obligated to follow. So i will have a list at the end of all the violations pursuant to FCRA Title 15 1681 that i am liable to receive on behalf of chexsystems negligence and damages that they have caused. 

But as of current wrote a letter to chexsystems again on XX/XX/XXXX, but this time requesting permanent Deletion and valid validation of the debt and to include copies of any account statements. Here is my letter i sent verbatim below : ChexSystems XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, MN XXXX RE : Consumer ID # XXXX To whom it may concern : It has been brought to my Attention that XXXX XXXX XXXX XXXX, is STILL listing a charge off on my ChexSystems File, dated XX/XX/XXXX I Last wrote a communication on XX/XX/XXXX of XXXX, this year. Requesting it be removed, and for a time it was REMOVED but now i am requesting for it to be PERMENATELY DELETED! i am requesting for full validation once more of this so called debt as my right underneath the Fair Credit Reporting Act / F.C.R.A, U.S.C 1681 Specifically, I am requesting full validation from XXXX XXXX XXXX XXXX including copies of any documentation associated with this charge off which bear my wet ink signature In the absence of such documentation, I request that this charge off be permanently DELETED from my chex systems report. 

These XXXX things needed for Validation to prove this debt to be lawful : Validation of debt Verification of the claim against me A copy of the contract binding both parties Full disclosure Equal consideration Lawful terms conditions Wet ink signatures of both parties Moving forward all communication regarding debt will be in writing to the provided address : XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX, OR, [ XXXX ] REDACTED SSN : XXXX ( i will include a XXXX  in the attachment upload of this letter ) They responded in a letter on XX/XX/XXXX They did not provide any documentation that actually stipulates or would oblige me to pay this debt, i have no contract or agreement with a signature stipulating i agree to pay any debt, i haven't submitted any form of payment which would signify my obvious agreement to pay, they only supplied statements from XXXX XXXX XXXX XXXX XXXX that were my account statements reflecting the charge off, and i recently got statements from onpoint of same ones and the one they provided looks altered and fraudulent and even if it was authentic account statements are not sufficient pursuant to FCRA title 15 1681 and pursuant to FDCPA title 15 1692. 

But wait. Theres more! They said the following on the correspondence verbatim : Results of the reinvestigation were : ChexSystems communicated the results of this reinvestigation to you in a letter that stated we removed this information from our files. 

Information was removed either due to the results of the reinvestigation or because the retention period of the disputed items ) expired! 

The source has since provided additional details that certify the accuracy and completeness of the previously deleted information, and ChexSystems has reinserted it into the consumer file. 
Enclosed is the copy of account statement for your reference. 
Enclosed is a copy of the consumer disclosure report, which was created by using the identifiers provided to us. 

Now why is this important! : In line one they CLAIMED that they communicated the results in a letter, all the communications they have sent i have and none addressed or stated they removed ANYTHING. NO information i have disputed has been removed. NONE. so that is a bold face LIE. they dont send any of their letters in certified mail nor do they send it in registered mail to have tracking to know if it was received i believe they do this as a means to be able to pick and choose when they want to respond or just say they did when its time to cover their XXXX. But lets say they did send me a letter they have no way to verify or know i received it on their end, so sent receipt or anything, but even if they did they should have a identification number on the left side of each page in a letter and this same number is listed on the bottom. So if they ever made this letter they can bring it up on their end or records assuming they keep copy of their records they send out like any responsible company would. So lets say they do find said letter and provide it to you the CFPB if they havent provided sufficient documentation that would lawfully and legally oblige me to pay any debt on behalf of credit union than they have to delete. Account statements are not sufficient to oblige debt but they can be submitted as an additional detail but all an account statement signifies is that a credit amount on their books took place and they want me to pay the negative balance but cant provide any document with my wet ink signature agreeing to pay said debt, so if the CREDITOR cant provide thios my right as a consumer i can have the information deleted at my discrepancy if i so choose based on federal law not any policy or statement from chex sytems claiming The source is under no obligation to remove accurate information, even if paid, but is obligated to update the report with a paid in full or settled in full status and date when applicable. Via the correspondence from XX/XX/XXXX Both chexSystens and onpoint community credit union are obligated to follow federal law. Unless they are admitting to breaking federal law and blatantly governing them selves and participating in bad Credit reporting agency practices that would result in consumer liable remedy and further consequences. 

In line two, it says Information was removed either due to the results of the reinvestigation OR because the retention period of the disputed items ) expired! 
Which is interesting. I said I'd touch on this earlier on in the letter because they also said their current practice is to hold information for a retention period for up to five years. The information was furnished in XX/XX/XXXX of XXXX, it is currently XX/XX/XXXX of XXXX, it has not been five years so that WASN'T the reason which means that if they removed it like THEY SAID THEY DID, that means it was due to the results of the reinvestigation. WHICH MEANS they did not find any information or documentation obliging me to pay the debt, no information or documentation to validate the debt WHICH MEANS they would of then removed the information as they should by law. Which means they wouldn't have been in violation of Title 15 1681 USC.

but they go to say in line three The source has since provided additional details ( they only provided account statements but not the obliging documentation would actually validate the debt. ) that certify the accuracy and completeness ( the response did not include a complete response ) of the PREVIOUSLY DELETED INFORMATION, and ChexSystems has REINSERTED it into the consumer file. 

THIS IS SO DISRESPECTFUL, this is so unprofessional that a CRA would blatantly lied because to my records i have continuously seen chex systems listed and they claim they are just now reinserting it into my file when that is not the case. 

Moving on to the end of this letter i will now be going over all the specific violations and tallying up the amount i am due as well as what i want in remedy outside of the invoice for damages and violations from addressing this whole ongoing dispute with chexsystems. I will also have definitions according to law. To help clarify the accuracy of said federal law applied to this dispute. 

DAMAGES AND REMEDY : I want remedy for civil liability for the damages received XXXX $ per damage and or VIolation and all information and files fully Permanently DELETED as requested, not XXXX XXXX removed. 

DEFINITIONS PURSUANT TO TITLE 15 U.S. CODE 1681a Defiitions ; rules of construction verbatim https : XXXX ( b ) The term person means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity. 
( c ) The term consumer means an individual. 
( d ) Consumer Report.

( 1 ) In general.The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for 1681 A3 ( e ) The term investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumers credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer. 
1681 A3 ( f ) The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. 

1681 A3 ( g ) The term file, when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored. 

The following damages are : 1. ) denied an account being opened affecting personal finance and functionality 2. ) Hard Inquiries that is in vain via : 1. ) XXXX The following Violations are : 1681 a4 ( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. 



( x XXXX XXXX XXXX XXXX XXXX XXXXThe term XXXX XXXX XXXX XXXX XXXX means a consumer reporting agency that compiles and maintains files on consumers on a nationwide basis relating to ( 1 ) medical records or payments ; ( 2 ) residential or tenant history ; ( 3 ) check writing history ; ( 4 ) employment history; or ( 5 ) insurance claims.

( n ) State.

The term State means any State, the Commonwealth of Puerto Rico, the District of Columbia, and any territory or possession of the United States. 

( p ) Consumer Reporting Agency That Compiles and Maintains Files on Consumers on a Nationwide Basis.The term consumer reporting agency that compiles and maintains files on consumers on a nationwide basis means a consumer reporting agency that regularly engages in the practice of assembling or evaluating, and maintaining, for the purpose of furnishing consumer reports to third parties bearing on a consumers credit worthiness, credit standing, or credit capacity, each of the following regarding consumers residing nationwide VIOLATIONS : Violation #. ) XXXX $ 1681A ( 2 ) ( A ) ( iii ) ( iii ) communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons ; Explanation : MY Personal information with XXXX XXXX XXXX XXXX XXXX XXXX was shared to CHEXSYSTEMS A XXXX XXXX XXXX XXXX XXXX  and WAS NOT DISCLOSED CONSPICOUSLY or CLEAR in any fashion to me the CONSUMER at any point and especially and specifically was not disclosed BEFORE the information was not only given without correspondence by XXXX  XXXX XXXX XXXX THE CREDITOR, and was Furnished and added to my consumer report held by CHEXSYSTEMS THE NATIONWIDE SPECIALTY CONSUMER REPORTING AGENCY. They have Violated this clause of the FCRA pursuant to TITLE 15 U.S. CODE 1681A ( 2 ) ( A ) ( iii ) Violation #. ) XXXX $ Adverse Action ; Multiple accounts total 4 : 1681a ( C ) ( C ) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made, and such person makes the disclosures to the consumer required under section 1681m of this title; or ( k ) Adverse Action.

( 1 ) Actions included.The term adverse action ( A ) has the same meaning as in section 1691 ( d ) ( 6 ) of this title ; and ( B ) means ( i ) a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of, any insurance, existing or applied for, in connection with the underwriting of insurance ; ( iv ) an action taken or determination that is ( I ) made in connection with an application that was made by, or a transaction that was initiated by, any consumer, or in connection with a review of an account under section 1681b ( a ) ( 3 ) ( F ) ( ii ) of this title ; and ( II ) adverse to the interests of the consumer I received adverse action due to this from XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX, which all the inquiries are present on these chexsystems consumer reports. 

______________________________________________________ REMEDY : THESE VIOLATIONS AND DAMAGES FOR WILLFUL NONCOMPLIANCE UNDER TITLE 15 UNITED STATES CODE FAIR CREDIT REPORTING ACT SECTION 1681N1 ( a ) ( b ) TOTAL INVOICE DUE : XXXX $ in Federal reserve notes in the form of a check payable to the order of XXXX XXXX Or direct deposit to the following acounting and routing number : Account number : XXXX Routing number : XXXX And I Want The information listed i have been requesting removed permeneatly removed. 

And moving forward ChexSystems is not Authorized to hold a profile or ANY personal information for me as a consumer for as long as chexsystems and or any subsidiary owned by chexsystems or shareholders is not PERMITTED moving forward. 

Also, THIS IS ME GIVING NOTICE, I own all rights and derivatives of XXXX XXXX XXXX and i am the AUthorized Representative and BENEFICIARY of said alias/person/corporation. Any uses of ANY DERIVATIVE of this name UPPPER CASE, ALL LOWER CASE, Upper Lower and all derivatives of initials and full name spelling. 

So moving forward any information listed with any names will be willful noncompliance of this copyright notice and will be billed for the invoice non negotiable. I will send additional information via mail as to FEES for said WILLFUL NONCOMPLIANCE. This notice is just to have the REAL BUREAU the CFPB as a third party witness. The notice that will be mailed will also have a two third party witnesss. This is separate from the case of WILLFUL NONCOMPLIANCE listed therein this complaint submitted to the CFPB as of XX/XX/XXXX. 

REMEDY IS ABSOLUTE. Im tired of playing these fraudulent Consumer Reporting games with Chexsystems and i wont stand for any further damages or violations of federal law to me the consumer, authorized representative and beneficiary. Please put chexsystems in its rightful and LAWFUL place, thank you in advance. By : XXXX XXXX XXXX authorized representative and beneficiary, Without recourse, UCC 1-308 XX/XX/XXXX XXXX

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