Consumer complaint received 2023-02-02
Company: EQUIFAX, INC.
State: TX
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Their investigation did not fix an error on your report

Complaint:
My vehicle was repossessed and sold at an auction. I never received the statement letter regarding the vehicle being sold and the detailed breakdown of the cost. This credit sale agreement had gap insurance included, which should have paid off the remaining balance in full of the agreement. Despite the car being sold at an auction, XXXX  XXXX XXXX XXXX reported a derogatory payment history with a balance and also, reported the same debt using a different account number. How is any information including the balance and derogatory reliable or accurate, if I didnt even receive any statement regarding how much the vehicle was sold for, or form 1099-C regarding the amount that was written off. By law, XXXX  XXXX XXXX XXXX cant try to collect a debt theyve written off with the IRS and make me pay taxes on it, too. I was never provided a copy of the 1099-c showing the past due balance being reported on my credit report. At this point, the creditor can report any derogatory, false, inaccurate information without any valid proof or evidence. 
I have disputed the completeness or accuracy of information reporting on a credit report with all three credit reporting agencies. XXXX  XXXX XXXX XXXX is reporting the same debt using two different account numbers to the credit reporting agencies : XXXX, XXXX and Equifax, one account listed as Charged Off from and the other account listed as Paid and Closed. There should not be two separate XXXX  XXXX XXXX XXXX accounts being reported on my credit report. The same debt is being reported twice, illegally. Both of the XXXX  XXXX XXXX XXXX accounts are inaccurate and misleading, in which they inaccurately reflect an increasing monthly balance owed after writing off the balance. The account types for the accounts are being listed as an auto loan when this alleged agreement governed by the law is a credit sale. Me and XXXX  XXXX XXXX XXXX do not have an actual loan agreement. I have not been provided any proof of documents or evidence that the XXXX  XXXX XXXX XXXX accounts are an actually an auto loan. You are irresponsibly and intentionally reporting inaccurate and false information. 

In pursuant to the investigation, despite receiving all the evidence and proof, XXXX  XXXX XXXX XXXX violated the FCRA by failing to properly investigate the dispute, review all relevant information received from the credit reporting agencies and failed to determine and identify the information previously provided to the credit reporting agencies was inaccurate and failed to direct the credit reporting agencies to remove the XXXX  XXXX XXXX XXXX accounts. Despite multiple disputes and complaints, the credit reporting agencies continue to act in manner in which high probable harm continues to follow. As of today, my credit report continues to reflect two University Federal Credit Union accounts. 

Per USC 1681s-2 ( b ) ( 1 ) E, the furnisher, XXXX  XXXX XXXX XXXX XXXX must also modify, delete or permanently block the subject inaccurate information from the its future reporting to the credit reporting agencies. After being informed of my disputes, XXXX  XXXX XXXX XXXX negligently and willfully failed to conduct a proper investigation of the dispute, in violation of the FCRA, 15 U.S.C 1681s-2 ( b ). 
Had XXXX  XXXX XXXX XXXX performed an investigation with respect to the multiple inaccuracy and discrepancy entries, their results would have found over 5 discrepancy notations as incomplete or inaccurate. Upon completion of a reasonable reinvestigation, XXXX  XXXX XXXX XXXX should have removed both accounts through their internal database files to coincide with the account and information listed being unverifiable and inaccurate. With respect to the multiple inaccuracies and inconsistent across all credit reporting agencies, XXXX  XXXX XXXX XXXX has determined to follow procedures which did not thoroughly investigate, review, or verify whether they could report this alleged charged off account as accurate without inserting the materially misleading balance owed entry, payment history category, and account type. 

With regard to the credit reporting agencies : XXXX, XXXX and Equifax, my consumer reports that they prepared, compiled, issued, assembled, transferred, published and otherwise reproduced contained information about me that was false, misleading and accurate. 

The credit reporting agencies negligently and willfully failed to maintain and/or follow reasonable procedures to ensure the maximum possible accuracy of my consumer reports, in violation of section 1681e ( b ) of the FCRA, and failed to conduct a reasonable reinvestigation into my consumer disputes as required by section 1681i of the FCRA. 15 U.S.C 1681 ( a ) ( 1 ) ( A ). To establish liability under this subsection, I have established that the credit reporting agencies had a duty to reinvestigate, and that it would have discovered multiple discrepancies had it undertaken a reasonable investigation. This is a clear indication that the credit reporting agencies acted knowingly, intentionally, or recklessly in disregarding the FCRA.

Per 1681s-2 ( b ), I have a private right of action against furnishers that fail to conduct a reasonable investigation of disputes.

A Failure to Maintain Reasonable Procedures to Assure Maximum Possible Accuracy Violates 1681e ( b ) In addition to the inaccuracies, I am seeking monetary relief due the credit reporting agency failing to follow reasonable procedures to ensure maximum possible accuracy of the information contained in my credit report and failing to follow and conduct reasonable procedures caused actual damages to me.

Relief under 1681e ( b ) for negligence, Failure to Conduct a Reasonable Reinvestigation Violates 1681i Relief under 1681i is warranted for my credit report containing inaccurate or incomplete information, the credit reporting agencies were notified of the alleged inaccuracies and discrepancies, credit reporting agencies failing to respond or conduct a reasonable reinvestigation of the disputed items and sustaining damages caused by the credit reporting agencies. 

Multiple disputes and complaints to the credit reporting agencies regarding the erroneous accounts refused to make the correction as it reflected reasonable factual basis for the credit reporting agencies to have been on notice of a need to go beyond the XXXX system as to this dispute. 
Failure to fully disclose to consumer of information reporting in their credit files violates 1681g Section 1681g ( a ) ( 1 ), in part, states that upon request, a CRA shall disclose [ a ] ll information in the consumers file at the time of the request ( 15 U.S.C 1681g ( a ) ( 1 ). Federal courts and FTC have limited the scope of the term file to material included in a consumer report that would be sent to a third party produced by the credit reporting agency. 

During the course of multiple disputes and complaints, XXXX  XXXX XXXX XXXX, has updated balance and payment history without proof or evidence of the alleged information thats being updated. Therefore, with regards to XXXX  XXXX XXXX XXXX and the credit reporting agencies investigation is therefore, baseless, circular, internally inconsistent and unreliable. The accounts and information being reported is technically inaccurate and not even accurate on its face. The accounts have not been removed from my credit report causing pain and suffering in several adverse credit actions, including damaging my ability to obtain a home loan, denial of increase in credit limits, suffering emotional distress, etc. 

If a creditor reports, then it must be accurate. The charged off date inconsistently changed numerous times. This error was negatively impacting my credit report longer than it should due the intentional neglect.

Company response to consumer: Closed with explanation