Consumer complaint received 2024-02-23
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: FIRST HAWAIIAN, INC. (HI)

XXXX XXXX XXXX XXXX Date : XX/XX/2024 First Hawaiian Bank XXXX XXXX XXXX XXXX Hi, XXXX Account # XXXX Account Reported/Furnished to XXXX and XXXX Notice to agent is notice to principal notice to principal is notice to agent. 




15 U.S. Code 1681- Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine public confidence which is essential to the continued functioning of the banking system. 


I pulled my Consumer reports from ( XXXX, XXXX ) and I noticed that your company/business/employee has furnished an account there as a charge-off status on this account and with a deficiency balance of {$1000.00} An account can not be a charge-off and a collection at the same time. A charge-off is a canceled debt where a form 1099C must be issued to the consumer. I haven't received an IRS 1099C from your company so how can you collect on a canceled debt? Hawaii Law states A Breach of Peace shall not be initiated when repossessing property, the company repossessing the property is licensed in Hawaii to do business, and at the sale of the property the creditor must properly advertise the sale at a fair auction in a commercially reasonable manner that a lawsuit must be filed by the creditor against the consumer, and that a judgment in favor of the plaintiff must be entered in the amount of the alleged deficiency balance before a creditor can collect on the alleged debt, and the defendant must be able to defend his/herself against the calculation of the alleged debt in a court of law. Also, the collection on a canceled debt that has been charged off the account constitutes tax fraud and the matter will be reported to the IRS, by filing a Form 3949-A Charge off definition : Write off of a debt and termination of servicing activity without release of liability. A charge-off is a decision by the Agency to remove debt from Agency receivables , however, future payments may be received. 

Write off : a write-off of debt is a cancellation of a debt in the account books of a creditor. When a creditor writes off a debt and charges the debtor the extra amount after the written-off debt, it can be taken as evidence that the debtor is discharged from that written-off debt. 

Cancellation of a debt : XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX 
The IRS considers most forms of forgiven, canceled, or settled debt as income for tax purposes. If the amount of your canceled debt is more than {$600.00} and it's considered taxable, the lender is required to send you a 1099-C form, which includes the canceled amount that you'll need to report. 

You First Hawaiian Bank have furnished this account as a charge-off/collection and violate the Fair Credit Reporting Act 15 USC 1681. 
15 USC 1681e ( b ) ( b ) Accuracy of Report Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. 

The reporting of inaccurate information to a consumer reporting agency is damaging to my creditworthiness, credit standing, credit capacity, character, and general reputation. 
You ( Creditors name ) are a furnisher of information you are prohibited by law from reporting inaccurate information. 
15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies Duty of furnishers of information to provide accurate information. 

( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 

The IRS defines a charge-off as canceled debt. When a debt is cancelled a FORM 1099C must be issued. The IRS states that a canceled debt is gross or ordinary income, INCOME DOES NOT GET REPORTED TO CONSUMER REPORTS or FURNISHED TO THE CREDIT REPORTING AGENCIES. 
You have been put on notice. 
15 USC 1681s-2 ( B ) ( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate ; and ( ii ) the information is, in fact, inaccurate. 

Delete the following account from my consumer reports : # XXXX 15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter concerning any consumer is liable to that consumer in an amount equal to the sum ( 1 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; ( 2 ) such amount of punitive damages as the court may allow ; and ( 3 ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court. 

You have 15 calendar days from the receipt of this notice to delete the inaccurate information from my consumer reports. 

I am not asking for verification or validation of this account. The only response to this letter is the Deletion of this account that is inaccurate from being furnished on my credit reports. 

Any other response will result in legal action. 

With Respect XXXX XXXX XXXX XXXX Without Recourse all rights reserved UCC 1-308