Consumer complaint received 2021-01-05
Company: EQUIFAX, INC.
State: NY
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account information incorrect

Complaint:
I XXXX XXXX on behalf of myself and my husband XXXX XXXX make a claim with each respective credit reporting agency that our constitutional rights are being violated, that XXXX XXXX  is using deceptive collection methods and inconsistent accounting practices on mortgage forbearance plans during the Covid-129 pandemic crisis. I believe that as a member of the XXXX community that I am being discriminated against aggressively that will cost me and my husband dearly from a financial perspective. That aside, I will keep all emotion out of the equation on my complaint, and show how XXXX  XXXX  has been and still is violating the Fair Credit Reporting Act and the Fair Debt Collection Practices Act. XXXX XXXX  was in communication with over several months while I dealt with my husbands job layoff, my personal fight with the XXXX, as well as other medical problems I will not elaborate on at this time. Accordingly, I will break my complaint down into three ( 3 ) stages, showing documentation to support my position that I lived up to the spiritual agreements between myself and XXXX XXXX, and during the same timeline there were simply too many people from XXXX XXXX  that were not on the same page of communications. XXXX XXXX  made multiple mistakes on implementing a level and fair playing field for my forbearance plan, and documentation will prove that my forbearance plan was never cast in stone, but manipulated and extended by verbal communications between myself and representatives of XXXX XXXX. 
STAGE ONE : FORBEARANCE PERIOD XXXX XX/XX/XXXX I was offered a forbearance as I stated issues presented in the attached Consumer Financial Protection Bureau ( CFPB ) complaint of XX/XX/XXXX. The attached XX/XX/XXXX letter from XXXX XXXX  states that my forbearance was good up to XX/XX/XXXX. My first missed payment was for XX/XX/XXXX, and the XXXX mortgage statement is dated XX/XX/XXXX, showing payment due {$2700.00}. 
The XX/XX/XXXX mortgage statement for the XX/XX/XXXX statement shows the missed payment for that month, plus the additional payment of XX/XX/XXXX accrued as well. So far everything is going smoothly, but I was in need of more time while my husband was not back to work yet, and I was dealing with my own problems such as XXXX positive. 
XXXX XXXX  WAS REPORTING ON CREDIT PAID OR PAYING AS AGREED STAGE TWO : FORBEARANCE PERIOD XXXX XX/XX/XXXX Mortgage statements from XXXX XXXX  shows the accumulation of back payments, principal and interest up to {$13000.00} that included the month of XXXX, even though my forbearance was supposed to be finished as of XX/XX/XXXX. This is because I had already requested an extension up to and including XX/XX/XXXX. On XX/XX/XXXX, XXXX a XXXX representative named XXXX on a recorded line automatically extended the forbearance to that date, even though a previous conversation that was recorded shows that the extension was extended to XX/XX/XXXX, and the XXXX mortgage statement will prove this, I respectfully requested XX/XX/XXXX and it was granted. I always maintain detailed notes on my phone conversations. The XX/XX/XXXX letter states as follows : As XX/XX/XXXX, we will adjust the due date of your next scheduled monthly payment to bring your mortgage current. This is important as the next three statements proves that I was operating in good faith all along with XXXX XXXX. 
You can notice that XXXX  correspondences states like in the XX/XX/XXXX letter, that the forbearance plan, which was ending or set to end soon. There was never a definitive date to end the forbearance. The XX/XX/XXXX letter also mentions that I may request extensions if necessary, which I did and it was granted on a recorded line. I along with a third- party consultant requested a copy of the transcript of that XX/XX/XXXX conversation, and was denied. The XX/XX/XXXX letter signed COVID TEAM. Up to the end of XX/XX/XXXX my communications with XXXX XXXX  was excellent as shown by the initial extension past XX/XX/XXXX, and the next stage will validate that my forbearance was extended once more. 
STATE THREE : FORBEARANCE PERIOD XXXX XX/XX/XXXX As previously stated, the XX/XX/XXXX timeline to end the forbearance was initially extended to XX/XX/XXXX. However, the XX/XX/XXXX statement that covered the XX/XX/XXXX payment shows total amount due {$16000.00}. This represents that the forbearance was extended a second time. The recorded conversation of XX/XX/XXXX proves that I was granted an extension up to XX/XX/XXXX. The laws of probability are strongly on my side, two extensions in a row, which gives the credibility to my position. 
At no time was I given a written notice that the forbearance ended XX/XX/XXXX. The XX/XX/XXXX mortgage statement proves extension number two was already in play. Suddenly, this is when the bait and switch is accelerated. The XX/XX/XXXX mortgage statements now shows a total amount due {$5600.00}, which includes {$2700.00} for XX/XX/XXXX and the difference for XX/XX/XXXX. This is a complete reversal from the accrued principal and interest statement of XX/XX/XXXX. This bait and switch technique not only violate the Fair Debt Collection Practices Act, but also the Fair Credit Reporting Act. XXXX XXXX  is in serious violation of its subscriber agreement with XXXX, Equifax and XXXX XXXX respectfully. However, XXXX XXXX  then steps over the line from the XX/XX/XXXX letter which states as follows : At XXXX, we value our relationship with you. You presently have a special payment agreement for your loan ; while the agreement is in place, any payments that are reduced, suspended, or otherwise adjusted by the agreement are not considered delinquent. THIS CONFIRMS THAT MY FORBEARANCE PLAN WAS STILL IN EFFECT, PERIOD. 
CONTINUED : Nonetheless, because your loan may be considered delinquent if the agreement expires and if you do not then bring your loan current, we are providing this notice to you in accordance with applicable regulations. THIS IS NOTHING BUT A NON-SEQUETOR, THE REGULATION IS THE FAIR CREDIT REPOORTING ACT. 
By this paragraph, XXXX confirms a continuation of the forbearance, with its second extension in place. This type of shifting on any collection action would never stand in any civil court in the United States. XXXX XXXX  is violating my constitutional rights and causing me and my husband excessive financial damages. 
The XX/XX/XXXX letter is now the bait and switch in action. AS follows : This letter is formal notice by XXXX XXXX, the Servicer of the above-referenced loan, on behalf oXXXX XXXX XXXX, that you are in default under the terms of the documents creating and securing your Loan described above, including the Note and Deed of Trust/Mortgage/Security deed ( Security Instrument ), for failure to pay amounts due : This letter shows zero consistency with previous correspondence ; The letter shows an accounting of {$2700.00} due for XX/XX/XXXX, and another {$2700.00} for XX/XX/XXXX, totaling {$5500.00}. 
At no time was there ever placed on record that my forbearance ended XX/XX/XXXX. On the contrary, it was given an additional extension based upon mortgage statements. 
After seeing the aggressive collection practices by XXXX XXXX, and the fact that they sent to me a notice that I was now being reported late with the credit bureaus, XXXX XXXX  used what I consider a strong-arm technique the get me to pay {$8300.00} on XX/XX/XXXX. XXXX XXXX  should not be allowed to get away with this. 
My complaint with the Consumer Financial Protection Bureau ( CFPB ) has not been completed. I was given notice on a recent telephone conversation that my argument is baseless, and I have been denied a transcript of the XX/XX/XXXX conversation. This bank is truly a bully with the general public, and I suspect with the XXXX community. 
I demand a full investigation by the three respective credit reporting agencies into the abusive practices under the Fair Credit Reporting Act, as the governing agency for such federal law is the CFPB. XXXX XXXX  is in violation my rights under FCRA and FDCPA. 
XXXX XXXX CC : New York State Department of Financial Services CC : National Association for the Advancement of Colored People ( NAACP ) CC : Federal National Mortgage Association ( FNMA )

Company response to consumer: Closed with explanation