Consumer complaint received 2024-10-31
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account status incorrect
Company: Upstart Holdings, Inc. (AZ)

I sent the following letter today which encapsulates my issue : You are reporting this as an open account with a balance, my bankruptcy was discharged on XX/XX/XXXX. Your refusal to remedy this is in violation of XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX, AZ XXXX ( XXXX ) XXXX Date : XX/XX/XXXX Upstart Loan Operations [ Email : XXXX ] XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, Georgia XXXX Phone : ( XXXX ) XXXX Email : XXXX Subject : Dispute Regarding Discharged Debt Reporting - XXXX XXXX XXXX XXXX XXXXXXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, I am writing in response to your communication dated XX/XX/XXXX, regarding my credit dispute. Your letter stated that no errors were found in your reporting of my account ( Account XXXX ), and that no correction is warranted. I strongly disagree with this conclusion, as it contradicts the legal protection afforded by my XXXX XXXX bankruptcy discharge. 

On XX/XX/XXXX, my XXXX XXXX bankruptcy ( Case # XXXX ) was XXXXscharged in the U.S. Bankruptcy Court for the XXXXXXXX XXXX XXXX. The discharge order legally prohibits collection actions and reporting of any discharged debts as delinquent or in default. Continued reporting of this discharged debt as unpaid is a direct violation of 11 U.S.C. 524 ( a ) ( 2 ), which acts as a post-discharge injunction against attempts to collect or report discharged debts. 

Furthermore, your inaccurate reporting is preventing me from refinancing my vehicle, which has caused and continues to cause significant financial hardship. I am prepared to seek sanctions and pursue the maximum allowable damages under 11 U.S.C. 105 ( a ) for contempt of the bankruptcy discharge order. Additionally, failure to correct this inaccurate information may also constitute a violation of the Fair Credit Reporting Act ( FCRA ), which mandates that creditors report only accurate information to credit bureaus.

To resolve this matter and prevent further legal action, I request that you : Immediately update the credit reporting of this account to reflect the discharged status and remove any indication of delinquency or default. 
Confirm in writing that the correction has been made.

Please consider this your final opportunity to comply voluntarily. Should you fail to make these corrections within ten ( 10 ) days, I will pursue legal remedies to the fullest extent permitted by law, including but not limited to filing for sanctions and punitive damages.

Thank you for your immediate attention to this matter. 

Sincerely, XXXX XXXX XXXX ( XXXX ) XXXX The company had sent this response to my original complaint, below : On XX/XX/XXXXXXXX XXXX XXXX XXXX, Upstart <XXXX@upstart.XXXX  wrote : Hi XXXX XXXX Thank you for your patience. We would like to provide you with an update on your recent credit dispute. Our team conducted a thorough investigation, and determined that no errors were made in our reporting of your loan. Therefore, no correction is warranted at this time. 

Upstart considers this matter resolved, and no further communication will be provided in relation to this correspondence. 

If you have any concerns about this information, you can reach us at : XXXXupstart.XXXX or at ( XXXX ) XXXX. 

Our Borrower Success department is available Monday to Friday between XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX and Saturday between XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX, except XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 

In addition to the information above, please be advised that this account, XXXX, has been transferred to XXXX XXXX XXXX, XXXX as of XX/XX/XXXX. They are the new servicer of the loan. In order to file a credit dispute regarding any credit reporting after the servicing transferred date of XX/XX/XXXX you will need to contact XXXX XXXX XXXX, XXXX at the following address and phone number listed below : XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, Georgia XXXX Phone : ( XXXX ) XXXX Email : XXXX Best Regards, Upstart Loan Operations* XXXX XXXX XXXX XXXX is the current creditor for your Upstart loan ref :! XXXX.! XXXX : ref Original letter andd complaint : To whom it may concern, today I checked my credit report and saw that it had dropped by XXXX points on XXXX XXXX XXXX and XXXX. 

My name is XXXX XXXX, my Social Security number is XXXX my email address is XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX, Az XXXX Phone is XXXX Other e-mails : XXXX, XXXX, XXXX My wifes name is XXXX XXXX, social XXXX, phone XXXX Our previous address as XXXX XXXX XXXX XXXX, XXXX, AZ XXXX You are reporting a balance on an old account, and it has been discharged in bankruptcy attached. You will see the discharge form. Here is the court number. We filed XXXX XXXX  bankruptcy Case # XXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX it was dismissed an error and restored one business day later. It has since discharged and I need this removed from my credit immediately or I will seek legal damages. 

Any attempts to collect a debt after a bankruptcy discharge, are a violation of the bankruptcy discharge injunction. The discharge injunction is issued under Section 524 of the U.S. Bankruptcy Code and prohibits creditors from attempting to collect debts that have been discharged in bankruptcy.

This means that any attempt to collect, pursue, or otherwise enforce a discharged debt is illegal, and the debtor may take legal action against the creditor. The debtor can file a motion in bankruptcy court to enforce the discharge and potentially seek damages, including attorney fees and even punitive damages, if the violation was willful.