Consumer complaint received 2022-05-27
Company: EQUIFAX, INC.
State: KS
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
XXXX XXXX XXXX XXXX POTENTIALLY NEGATIVE MONTHS Balance details 100 % of this account is paid off Balance on XX/XX/XXXX {$0.00} Original loan amount {$18000.00} Account info Account number XXXX Account status Closed Date opened XX/XX/XXXX Account type Auto LoanStatus Charge-off Status date XX/XX/XXXX Past due amount {$0.00} Original loan amount {$18000.00} Monthly payment {$0.00} Additional info : I paid it off and company agreed to removed upon payment, I simply need this action honored. 
XXXX XXXX XXXX 78 Months Company sold XXXX XXXX XXXX XXXX Original creditor Comments Transferred to another lender Purchased by another lender Contact info Address XXXX XXXX XXXX XXXX, TX XXXX Phone number By mail only XXXX XXXX  XXXX XXXX XXXX POTENTIALLY NEGATIVE MONTHS Balance details 49 % of this account is paid off Balance on XXXX XXXX, XXXX {$6600.00} Original loan amount {$12000.00} Account info Account number XXXX Account status Closed Date opened XX/XX/XXXX Account type Auto Loan Status Charge-off Status date XX/XX/XXXX Past due amount {$6600.00} Original loan amount {$12000.00} Monthly payment - Additional info : Written off due to Car Transmission replacement wasn't covered by factory warrantee. XXXX considered it a loss and wrote it off. Plus its pass the statues of limitation period in Virginia. 

Also In Virginia, the applicable statute of limitations for credit card debts, mortgage debts, and medical debts is five years. After the statute of limitations has expired, a creditor or debt collector can no longer file a collection lawsuit related to that debt. 

XX/XX/XXXX Debt Type : Deadline in Years Credit Card : 5 Auto Loan : 4 Oral : 3 Responsibility Individual Terms 60 Months Company sold - Original creditor - Comments No comments Statements No statements Contact info Address XXXX XXXX XXXX XXXX, VA XXXX Phone number ( XXXX ) XXXX XXXX XXXX CT GA XXXX Important dates Original filing date XX/XX/XXXX Latest status date XX/XX/XXXX Additional details Reference number XXXX Record type Bankruptcy chapter XXXX XXXX XXXX XXXX CT GA XXXX Additional Information : If the Chapter XXXX plan is dismissed, creditors may immediately initiate or continue with state court litigation pursuant to applicable state law to foreclose on the petitioner 's property or garnish their income. If a bankruptcy case is dismissed, the legal affect is that the bankruptcy is deemed void. Dismissed or adjudicated for ten years, the Fair credit Reporting Act mentions nothing in Section 1681c relating to bankruptcy about dismissals or filings. The law clearly states from date of adjudication or date of order of relief.

Any case, civil or otherwise, which is dismissed no longer exists in the eye of the law and a case filed may never have actually been adjudicated. Therefore, they have no right to maintain information which the government has deemed nonexistent.

Therefore, pursuant to Section 1681 ( a ) ( 5 ) of the FCRA, they must delete this information from my credit report and send me an updated copy when this action is completed.

Company response to consumer: Closed with explanation