Consumer complaint received 2024-09-16
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: Exeter Finance, LLC. (WA)

XXXX*Subject : ** Urgent Dispute of Inaccurate Reporting by Exeter Finance , Account Number : XXXX To Whom It May Concern, I am writing to dispute the account reported by Exeter Finance on my credit report. The misreporting of this account has caused severe consequences in my life, leading to job denials, financial instability, and homelessness. I am demanding a thorough investigation into these inaccuracies and immediate correction of the account to reflect its true status. If not rectified, I will pursue legal action, as I have already sought legal counsel on this matter. 

As background, Exeter Finance repossessed my XXXX XXXX XXXX ( XXXX : XXXX ) and sold it in a private sale after XXXX for ** $ XXXX. Since then, Exeter has provided various statements showing inconsistent balances. For example, a recent statement dated XXXX indicates an outstanding balance of ** $ XXXX, while earlier documentation from XXXX stated a balance of ** $ XXXX minus the sale proceeds. These discrepancies highlight a lack of transparency and accuracy in Exeter Finances reporting practices. 

Additionally, there is an unexplained payment of ** $ XXXX recorded on XXXX for which no documentation or source has been provided. This payment occurred after the vehicle was repossessed and sold, raising questions about its origin and how it was applied to the account. The absence of a clear explanation violates the **Truth in Lending Act ( TILA ), 15 U.S.C . 1638**, which mandates creditors to provide detailed disclosures of payments and fees. 

Exeter Finance 's inconsistent reporting and failure to provide the required documentation, such as a **1099-C**, violate both the **Fair Credit Reporting Act ( FCRA ) ** and potentially the **Fair Debt Collection Practices Act ( FDCPA ) **. The refusal to issue a **1099-C** or provide a proper accounting suggests uncertainty about the status of this debt, directly impacting my ability to resolve this matter. 

**Relevant Case Law Supporting My Defense : ** 1. **Richardson v. Credit One Financial**, 2013 WL 12112984 ( D. Kan. Mar. 15, 2013 ) : This case ruled against creditors for inconsistent reporting and failure to provide accurate documentation. Similarly, Exeter Finance 's conflicting balances and unexplained payments warrant correction under the **FCRA**. 

2. XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. XXXX XXXX XXXX XXXX XXXX ) : This case underscores the duty of creditors and credit bureaus to thoroughly investigate and correct inaccurate information on a consumer 's credit report. Exeter XXXXinance 's failure to explain the XXXX payment and discrepancies in balances align with the violations cited in this case. 

3. XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX ( XXXX ) : The U.S. Supreme Court held that consumers have the right to seek legal remedies when credit reporting inaccuracies cause concrete harm. In this situation, the inaccurate reporting by Exeter Finance has directly caused me significant harm, including job denials and financial instability.

**Request for Immediate Action : ** 1. **Explanation of the XX/XX/XXXX Payment : ** I demand that Exeter Finance provide a detailed breakdown of the ** $ XXXX payment recorded on XXXX, including its source, application to the account, and any supporting documentation validating this transaction. 

2. **Full Accounting and Documentation : ** I request a comprehensive, itemized breakdown of all fees, payments, interest, and charges on this account since its inception, including detailed information about the vehicle 's sale in XXXX. This is necessary to verify the accuracy of the reported balance. 

3. **Deletion of Inaccurate Reporting : ** Given the inconsistencies and lack of documentation, I request that Exeter Finance instruct all credit reporting agencies to delete this account from my credit report in compliance with **FCRA Section 623** ( 15 U.S.C. 1681s-2 ), which requires accurate information in credit reporting. 

4. **Immediate Correction and Written Confirmation : ** I demand a prompt investigation into this dispute and expect written confirmation of the removal of this account and correction of my credit report. 

This is my **fourth dispute** regarding this matter. If it is not resolved immediately, I will take legal action against Exeter Finance and any credit bureaus that fail to comply with the **FCRA**, **TILA**, **FDCPA**, and other applicable consumer protection laws. I am prepared to seek statutory damages, attorney fees, and any other relief to which I may be entitled. 

The continued inaccuracies, lack of transparency, and refusal to provide necessary documentation are unacceptable and have caused undue hardship. I urge you to rectify this issue promptly to prevent further damage to my financial and personal life. 

Sincerely, *XXXX XXXXXXXX