Consumer complaint received 2022-03-01
Company: EQUIFAX, 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 status incorrect

Complaint:
This compliant is a resubmission of a prior compliant for the same matter, as I incorrectly listed my name in the first compliant. 
-- -- -- -- -- -- -- -- -- - My wife and I have had a mortgage account with XXXX, previously known as XXXX XXXX XXXX XXXX XXXX, ( together, hereinafter referred to as XXXX ) for approximately 7 years. All previous payments have been made timely, however, XXXX is reporting the XX/XX/XXXX payment as paid late, which is the subject of this compliant, in that XXXX is falsely reporting it as 30+ days delinquent. Prior to this incident our credit scores where approximately in the 820 850 range. In late XX/XX/XXXX, I began receiving numerous certified letters indicating that our payment for XX/XX/XXXX had not been received and that we were in default of our mortgage. We did not receive a courtesy late payment reminder. However, the XX/XX/XXXX payment was made on time, and received and processed by XXXX prior to the end of the grace period of XX/XX/XXXX. I called XXXX customer service several times in late XXXX / early XX/XX/XXXX to communicate that our payment was made timely and to follow-up on such calls. This culminated in me sending an email to XXXX on Monday, XX/XX/XXXX, XXXX XXXX  CST to XXXX to provide notice of my formal dispute and evidence that the payment was made timely. The email contained an image of our cleared electronic check issued by XXXX XXXX, dated XX/XX/XXXX and stamped as deposited by XXXX on XX/XX/XXXX at XXXX XXXX ( time zone unknown ), and posted to our XXXX account on XX/XX/XXXX ( attached ). Therefore, the payment was made well before the expiration of the 30-day period that the account could have be reported as delinquent to the credit bureaus. Subsequently, no action appears to have been taken to address our dispute and correct the account reporting, as the account continued to show delinquent and a late fee accessed. As a result, I made several more telephone calls to XXXX and was assumed by the representative the account would be brought current and a notice / request sent to the credit bureaus to reinstate my credit file. I will note that even though I requested, I was refused the opportunity to talk with Management. Our XX/XX/XXXX mortgage statement contained an entry Long Form Misapplication Reversal indicating a payment for XX/XX/XXXX. It also indicated a reversal of the previously applied late fee in the amount of {$39.00}. However, our credit reports continued to indicate a 30+ day delinquency for XX/XX/XXXX and a credit score in the low to mid 600s. In XX/XX/XXXX, I filed a dispute with Equifax on XX/XX/XXXX ( Confirmation # XXXX ) for the false reported credit information. They responded This Creditor has verified to our company that the current status is being reported correctly. The report indicated a past due amount of {$820.00}, as of XX/XX/XXXX, and a credit score in the low to mid 600s. They continue to falsely report to-date. See attached. Subsequently, I filed disputes with XXXX and XXXX on XX/XX/XXXX and have received the same disposition that the accounts are properly indicting a 30+ day delinquency for XX/XX/XXXX ( as reporting in XX/XX/XXXX ) and a credit score in the low to mid 600s. To-date, they continue to falsely report. See attachments. It is my understanding and belief that XXXXXXXX XXXX  XXXX XXXX services mortgage accounts on behalf of XXXX, and may well be jointly responsible for the above described false reporting. This assertion is based on the fact that XXXX appears to be located at the address XXXX XXXX XXXX XXXX XXXX XXXX XXXX, IL XXXX, which address is also listed on my mortgage statements. XXXX, Equifax, XXXX, XXXX and XXXX ( the " Wrongdoers '' ) have committed defamation on our character and as a result, my wife and I has sustained actual harm, with pain and suffering and emotional distress and the cost of addressing this wrongful action. Therefore, I am filing this Compliant with the CFPB to resolve the matter by the CFPB concluding that the Wrongdoers have provided false credit information on both my wife and I for the past three months and that they should take immediate action to restore our credit file to the previous excellent level by reversing the incorrect delinquent payment history for XX/XX/XXXX, and direct each of them to pay statutory damages to us in the amount of {$1000.00} each per month, or {$6000.00} total ( through XX/XX/XXXX ) and {$1000.00} each per month for any ongoing violations, or other such applicable statutory damages. 

XXXX, Equifax, XXXX, XXXX and XXXX should take immediate action to restore our credit file to the previous excellent level by reversing the incorrect delinquent payment history for XX/XX/XXXX, and direct each of them to pay statutory damages to us in the amount of {$1000.00} each per month, or {$6000.00} total ( through XX/XX/XXXX ) and {$1000.00} each per month for any ongoing violations, or other such applicable statutory damages.

Company response to consumer: Closed with explanation