Consumer complaint received 2024-08-13
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: PNC Bank N.A. (GA)

XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Georgia XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, GA XXXX XXXX XXXX XXXX XXXX XXXX, TX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, PA XXXX XXXX XXXX XXXX XXXX XXXX The PNC XXXX XXXX XXXX XXXX XXXX XXXX 
XXXX XXXX XXXX PNC XXXX XXXX XXXX XXXX XXXX, Pennsylvania XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX for PNC BANK and XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX PNC BANK you are breaking the law. It is unlawful to report transaction history. Therefore, remove all late payments and voluntarily surrendered/repossession associated with Account XXXX XXXX and update it to reflect on-time payments immediately. 15 U.S. Code 1681a ( d ) ( 2 ) ( A ) ( i ).

15 U.S. Code 1681a - Definitions ; rules of construction ( d ) Consumer Report.

( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Also stated in the previous letter, I recently received copies of my credit reports from XXXX, XXXX, and XXXX. Upon review, I noticed several late payments, a repossession, and a charge-off posted on my credit report. These entries have been furnished by PNC BANK, and they are inaccurate and incorrect.

15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies Duty of furnishers of information to provide accurate information Prohibition 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. 

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.

Duty : a moral or legal obligation ; a responsibility Accurate : correct in all details ; exact.

Prohibition : a law or regulation forbidding something. 

As Defined by the IRS Even if you didn't receive a Form 1099-C, you must report canceled debt as gross income on your tax return. 

The IRS clearly defines a charge off as Gross or Ordinary income, INCOME DOES NOT GET REPORTED ON THE CONSUMER REPORT! 

By Definition the IRS clearly says a Canceled or Charge off is income. The reporting of this account as a debt is inaccurate.

15 U.S. Code 1681s2 Says you PNC BANK are a furnisher of information to a consumer reporting agency. 

You ARE PROHIBITED BY LAW to furnish inaccurate information. I demand you to Cease and Desist the reporting of incorrect/inaccurate information immediately.

The lender must file Form 1099-C and send you a copy if the amount of the debt canceled is {$600.00} or more and the lender is a financial institution, credit union , federal government agency, or other applicable entity as discussed earlier in chapter 1. 

The above paragraph is taken directly from the IRS XXXX publication. 

Send me my Form 1099-C that you should have sent when you filed the account as a canceled debt.

My mailing address is listed above and below.

15 U.S. Code 1681s2 ( a ) ( 1 ) ( A ) 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. 

15 U.S. Code 1681s2 Duty of furnishers of information to provide accurate information Prohibition ( 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. 

Now that I have shown you and you have been put on notice that you are reporting inaccurate information. The information is, in fact, inaccurate. 

The continued reporting of this inaccurate information is a clear violation of the law 15 U.S. Code 1681 s-2 of your responsibilities as a furnisher of information. Update Account XXXX XXXX from Charge-Off to 'Paid as Agreed '. 

Also stated in the previous letter, as a Federally Protected Consumer under The Fair Credit Reporting Act, I am now opting out of any and all authorization I may have given you, whether written, unwritten, verbal, or non-verbal, as per 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information is effective immediately and indefinitely. I am exercising my right to privacy as per the Privacy Act of 1974. 

To make it even more concise. I, XXXX XXXX opt out of you, PNC BANK disclosing any and all of my personal information, as per 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information is effective immediately and indefinitely. 

On XXXX, you, PNC BANK have inaccurately reported XXXX times. 
On XXXX, you, PNC BANK have inaccurately reported XXXX times. 
On XXXX, you, PNC BANK have inaccurately reported XXXX times. 
In total, you, PNC BANK have inaccurately reported XXXX times. 


You have caused me and my family severe harm due to your negligence and inaccurate reporting. This is your final opportunity to cure and update this erroneous, inaccurate account from my Consumer report.

XXXX XXXX XXXX the issuer of the contract, for clarity I have a few questions that need to be answered. 

Was the contract signed by an authorized representative of your organization?

How does your organization ensure all contracts comply with the Uniform Commercial Code? 

Can you explain what specific consideration was given by both parties in this contract? 

I overstand this account was in fact created with a security. I also overstand that this account has equity and interest attached to it. 

How much equity is remaining on this account? 

How much equity has accrued on this account? 

How much interest has accrued on this account? 

Provide me with those records. 

Where is the equity and interest being directed to now that the vehicle has been repossessed? 

Who is the equity owed to? 

You have 10 calendar days to update this Account from my consumer reports. Accredit me {$150000.00}, as per 15 U.S. Code 1681n. Send me back all unearned interest as per 15 U.S. Code 1615. Answer my questions, provide me with those records. After these changes have been made, send out a free copy of my updated credit report. 

Govern yourself accordingly. 

XXXX XXXX