Consumer complaint received 2024-08-24
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Public record information inaccurate
Company: Upstart Holdings, Inc. (WA)

Consumer Financial Protection Bureau Consumer Financial Protection Bureau, XXXX XXXX XXXX, XXXX, Iowa XXXX XXXX XXXX XXXX Consumer Affairs XXXX XXXX XXXX, XXXX, TX XXXX cc. 
Upstart XXXX  XXXX Formal Complaint of Fraudulent Operating Practices and Request for Compliance Audit : UPSTART XXXX  and XXXX XXXXXXXX Re : Account # XXXX To Whom It May Concern : This letter documents the circumstances surrounding my credit profile and provides written explanation to my assertions that UPSTART XXXX  has engaged in Fraudulent Conduct. UPSTART XXXX  Unlawfully Misrepresented Accounting Records related to Internal Revenue Written-Off Debt to conceal Illegally Falsified Records of Collection Accounts Transactions witXXXX XXXX XXXX  XXXX UPSTART XXXX  deception and ultimate motivation for violating State and Federal Law IS solely to prevent accurate credit reporting. 

I have attached my XXXX XXXX Credit Report. As of XX/XX/XXXX UPSTART XXXX  reported to XXXX XXXX late payments for XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX. UPSTART XXXX  stated in their XX/XX/XXXX response to XXXX The last payment received on the account was on XX/XX/XXXX, in the amount of {$72.00}. As per our policy, all accounts are charged off when they become 121 days past due. The account became 121 days past due on XX/XX/XXXX, and the full balance of {$2400.00} became due. Please note that we had previously communicated to you through emails, XXXX  and letters ] before the account 's charge off date and As of XX/XX/XXXX, the account was sold to XXXX XXXX, XXXX and is no longer being serviced by Upstart XXXX XXXX. For any questions about your loan or concerns about collection activities, please contact XXXX XXXX, XXXX at the below phone/email. Please note, Upstart is unaffiliated with the collection activities of XXXX XXXX. See Full Detailed XXXX Complaint Attached as EXHIBIT # XXXX Borrower XX/XX/XXXX XXXX Credit Report Attached as EXHIBIT # XXXX. 


XXXX entered into a XXXX XXXX XXXX with XXXX on XX/XX/XXXX. See EXHIBIT # XXXX. 

XXXX entered into a Third Party Negotiation Contract with UPSTART XX/XX/XXXX and XXXX signed on XX/XX/XXXX. See EXHIBIT # XXXX On XX/XX/XXXX, UPSTART XXXX  and XXXX reached a settlement agreement for account ending in XXXX. See EXHIBIT # XXXX Notice Of PENDING AGREEMENT and BORROWER APPROVAL On XX/XX/XXXX UPSTART XXXX  produced a Fraudulent Back-Dated Settlement Agreement XX/XX/XXXX for XXXX XXXX  and XXXX XXXX. UPSTART XXXX  did not previously communicated to you through emails, XXXX  and letters ] before the account 's charge off date see EXHIBIT # XXXX UPSTART XXXX, failed to disclose and/or notify Borrower as XXXX claimed rather they chose to falsified documents, illegally furnish to CRA debt sold, to justify reporting derogatory information. UPSTART XXXX  and BORROWER entered into a contract to negotiate agreement on XX/XX/XXXX. Under Fair Debt Requirements, settlement negotiations that occur are between the Lender of Record and Debt Obligations and subsequent credit reporting are prohibited during validation period. ACCOUNT ending in XXXX was NOT charged-off in XX/XX/XXXX or XX/XX/XXXX as claimed and inaccurately reported by UPSTART XXXX. Upstart, fraudulently reported written off debt to the IRS, and XXXX. 

XXXX XXXX, by way of XXXX response stated XXXX XXXX, XXXX ( XXXX  ) acknowledges receipt of the consumers complaint. XXXX  purchased these XXXX accounts in good faith and for value. As a result of the complaint a member of our XXXX XXXX investigated the allegations. XXXX  does not report and is not reporting a tradeline for either account. These accounts have been closed in our office since XX/XX/XXXX. Should the consumer continue to have further questions or concerns we invite them to contact us to discuss the matter further. See ATTACHED CFPB FULL DETAILED REPORT EXHIBIT # XXXX AS OF XX/XX/XXXX XXXX  HAS NOT VALIDATED DATES OF DEBT PURCHASE XX/XX/XXXX Consumer Filed XXXX  XXXX Bankruptcy. Upstart was included in Chapter XXXX XXXX XXXX. See attached Proof of Bankruptcy Inclusion. EXHIBIT # XXXX See Attached XX/XX/XXXX XXXX Credit Report. EXHIBIT # XXXX FCRA Violations : UPSTART XXXX  - XXXX, XXXX, XXXX * The XXXX XXXX XXXX is reporting a debt as charged-off when it was paid off or settled in the past. Charge-Offs Reported XX/XX/XXXX and XX/XX/XXXX * The credit reporting XXXX XXXX XXXX late payments when your payments are timely. Non- Validated Late Payment Reported XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX * The credit reporting agency failed to report a discharged debt in bankruptcy. 

The FCRA allows for consumers to detect errors in their credit reports and file complaints. General violations of the FCRA include : * Failing to update records * Failing to follow guidelines for settling disputes * Pulling your report for an impermissible purpose * Failing to send a notice about your credit report or score violates the FCRA * Reporting a closed account as active * Creditors disclosing inaccurate financial information about you to reporting agencies Under 11 U.S.C 524 ( c ), ( f ) Creditors can not collect discharged debts.This order means that no one may make any attempt to collect a discharged debt from the debtors personally. For example, creditors can not sue, garnish wages, assert a deficiency, or otherwise try to collect from the debtors personally on discharged debts. Creditors can not contact the debtors by mail, phone, or otherwise in any attempt to collect the debt personally. 

Consumer requests the Consumer Financial Protection Bureau, WA State Attorney General and XXXX Consumer Affairs launch a thorough investigation of UPSTART XXXX  accounting and credit reporting records. The evidence attached demonstrates a substantial amount of unlawful conduct by UPSTART XXXX. 

Thank you, Consumer Signed XXXX XXXX