Consumer complaint received 2023-01-07
Company: Experian Information Solutions Inc.
State: TX
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:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX, TX XXXX Subject : XXXX RE : Partial Account Number : XXXX. 
VIN Number : XXXX To whom it may concern, I am aware that the FCRA allows for creditors to report but they have to be compliant and accurate at all times. My concern with this account is this. It is reported on my consumer report that this alleged debt was charged off. However, based on the notice of late payment required to be given to a consumer by the FCRA, I did not receive a late notice within five ( 5 ) business days nor was notified that XXXX XXXX XXXX will be putting a negative remark on my consumer report. 

Also, based on the Fair Credit Billing Act, XXXX XXXX XXXX failed to provide me an up to date balance during the month ( s ) that this alleged debt was reported as late so how am I able to make sure the balance was not modified or misrepresented during that time causing a calculated error and in turn, caused the account to be late? How do I know that surcharges were not billed by mistake and that you were accurate while reporting? Can you please provide me with these details.

Additionally, according to the IRS, a 1099-C was to be sent in accordance with this chargeoff as it is over XXXX However, one was not sent. Also, since the alleged debt was charged off, why are you still trying to collect on the alleged debt? Is that not considered fraud and abusive activity according to the FCRA? 



Again, according to the FCRA, all creditors MUST be compliant and accurate when reporting and I feel that XXXX XXXX XXXX failed in doing so.This account is inaccurate and XXXX XXXX XXXX had an obligation to the FCRA to tell me if I was going to be late and that you were going to post a negative remark on my consumer report. You also had an obligation to send me a 1099-C in which you failed to do so. With you reporting this account on my consumer report, it is considered an illegal report and in connection with the XXXX, XXXX XXXX XXXX will be in violation of certain codes equating to XXXX  per violation. 

Failure to respond satisfactorily with deletion of the above referenced account, and send out a free copy of my report after the changes have been made will result in legal actions being taken against your company, for which I will also be seeking XXXX per violation for : Defamation of Character ( per se ) Injury to person Negligent Enablement of Identity Fraud Fair Debt Collections Practices Act 15 USC 1692g violations.

Fair Credit Reporting Act 15 USC 1681 violations for willful noncompliance - 616. Civil liability for willful noncompliance [ 15 U.S.C. 1681n ] This account is inaccurate and I am demanding that it be removed from my consumer report. 

SEND CORRESPONDENCE TO THE ADDRESS PROVIDED BELOW : XXXX XXXX XXXX XXXX XXXX XXXX XXXX 
XXXX, TX XXXX Without ill-will or animosity, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX With Prejudice

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