Consumer complaint received 2024-08-14
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: Lendmark Financial Services (FL)

16 CFR 444.3 - Unfair or deceptive cosigner practices. ( a ) In connection with the extension of credit to consumers in or affecting commerce, as commerce is defined in the Federal Trade Commission Act, it is : ( 1 ) A deceptive act or practice within the meaning of section 5 of that Act for a lender or retail installment seller, directly or indirectly, to misrepresent the nature or extent of cosigner liability to any person.

( 2 ) An unfair act or practice within the meaning of section 5 of that Act for a lender or retail installment seller, directly or indirectly, to obligate a cosigner unless the cosigner is informed prior to becoming obligated, which in the case of open end credit shall mean prior to the time that the agreement creating the cosigner 's liability for future charges is executed, of the nature of his or her liability as cosigner.

( b ) Any lender or retail installment seller who complies with the preventive requirements in paragraph ( c ) of this section does not violate paragraph ( a ) of this section.

( c ) To prevent these unfair or deceptive acts or practices, a disclosure, consisting of a separate document that shall contain the following statement and no other, shall be given to the cosigner prior to becoming obligated, which in the case of open end credit shall mean prior to the time that the agreement creating the cosigner 's liability for future charges is executed. 

On XX/XX/2022 I was completely unaware of Unfair or deceptive cosigner practices, I was completely unaware that when I signed that NEGOTIABLE INSTRUMENT that it will be converted into a SECURITY, I DID NOT properly endorse my SECURITY pursuant to ( CFR 328.5 FORMS OF ENDORSEMENTS.

PROMISSORY NOTE : A debt instrument that contains a written promise by one party ( the note 's issuer or maker ) to pay another party ( the note 's payee ) a definite sum of money, either on-demand or at a specified future date.

15 U.S. Code 1666b - Timing of payments ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date.

15 U.S. Code 1637 - Open end consumer credit plans. ( b ) Statement required with each billing cycle, The creditor of any account under an open end consumer credit plan shall transmit to the obligor, for each billing cycle at the end of which there is an outstanding balance in that account or with respect to which a finance charge is imposed, a statement setting forth each of the following items to the extent applicable : ( 1 ) The outstanding balance in the account at the beginning of the statement period.

( 2 ) The amount and date of each extension of credit during the period, and a brief identification, on or accompanying the statement of each extension of credit in a form prescribed by the Bureau sufficient to enable the obligor either to identify the transaction or to relate it to copies of sales vouchers or similar instruments previously furnished, except that a creditors failure to disclose such information in accordance with this paragraph shall not be deemed a failure to comply with this part or this subchapter if ( A ) the creditor maintains procedures reasonably adapted to procure and provide such information, and ( B ) the creditor responds to and treats any inquiry for clarification or documentation as a billing error and an erroneously billed amount under section 1666 of this title. In lieu of complying with the requirements of the previous sentence, in the case of any transaction in which the creditor and seller are the same person, as defined by the Bureau, and such persons open end credit plan has fewer than 15,000 accounts, the creditor may elect to provide only the amount and date of each extension of credit during the period and the sellers name and location where the transaction took place if ( A ) a brief identification of the transaction has been previously furnished, and ( B ) the creditor responds to and treats any inquiry for clarification or documentation as a billing error and an erroneously billed amount under section 1666 of this title. 

This is IDENTITY THEFT and LENDMARK FINANCIAL SERVICES as " TRUSTEE '' did not do their duty as FIDUCIARY and I as the BENEFICIARY did not BENEFIT anything.

The FTC says You must give your consent for reports to be provided to employers. A consumer reporting agency may not give out information about you to your employer, or a potential employer, without your written consent given to the employer. Written consent generally is not required in the trucking industry.

LENDMARK FINANCIAL SERVICES will not provide me a copy of my contr
act, the persons responded back from another complaint I've done and said they will send a copy but never received it, I also have a different address from the one I had a few years ago.

Release the lien on my Automobile, I want the INDENTURE TRUSTEE 'S INFORMATION. Please provide proof that LENDMARK FINANCIAL SER
VICES is the actual lien holder. Please recoup my credit point and update any and all information on all platforms XXXX as XXXX, XXXX and XXXX. 

USC 1681s2. Responsibilities of furnishers of information to consumer reporting agencies states : a ) 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 consciously avoids knowing that the information is inaccurate.

( 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. 

( C ) No address requirement A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph ( B ) shall not be subject to subparagraph ( A ) ; however, nothing in subparagraph ( B ) shall require a person to specify such an address.

( 2 ) Duty to correct and update information A person who- ( A ) regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the person 's transactions or experiences with any consumer ; and ( B ) has furnished to a consumer reporting agency information that the person determines is not complete or accurate, shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information, that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any of the information that remains not complete or accurate. 

( XXXX ) Duty to provide notice of dispute If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer.

( 4 ) Duty to provide notice of closed accounts A person who regularly and in the ordinary course of business furnishes information to a consumer reporting agency regarding a consumer who has a credit account with that person shall notify the agency of the voluntary closure of the account by the consumer, in information regularly furnished for the period in which the account is closed.

( 5 ) Duty to provide notice of delinquency of accounts A person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall, not later than 90 days after furnishing the information, notify the agency of the month and year of the commencement of the delinquency that immediately preceded the action.

( b ) Duties of furnishers of information upon notice of dispute ( 1 ) In general After receiving notice pursuant to section 1681i ( a ) ( 2 ) of this title of a dispute with regard to the completeness or accuracy of any information provided by a person to a consumer reporting agency, the person shall- ( A ) conduct an investigation with respect to the disputed information ; ( B ) review all relevant information provided by the consumer reporting agency pursuant to section 1681i ( a ) ( 2 ) of this title ; ( C ) report the results of the investigation to the consumer reporting agency ; and ( D ) if the investigation finds that the information is incomplete or inaccurate, report those results to all other consumer reporting agencies to which the person furnished the information and that compile and maintain files on consumers on a nationwide basis.