Consumer complaint received 2024-04-25
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account status incorrect
Company: EQUIFAX, INC. (CA)

XXXX, XXXX, & Equifax continue to report the account listed as XXXX incorrectly. The account is reporting as a charge off but any consumer account that is charged off with a balance over {$1.00} due goes to the consumer not the creditor. This means this account can not be charged off. There are also several late payments reporting and neither consumer agency has sent any notice as required by law. There are several inconsistencies listed as well. This account has not been validated correctly. 

Account Type - Detail : Credit Card Credit Card - Date Opened : XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX High Credit : {$710.00} {$0.00} {$660.00} Credit Limit : {$500.00} {$500.00} {$0.00} Last Reported : XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX Comments : Charged off as bad debt Purchased by another lender Purchased by a another lender. 
Unpaid balance reported as a loss by the credit grantor. 
Sold to : XXXX XXXX Account transferred or sold Charged off account Date Last Active : XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX Date of Last Payment : XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX ( a ) Time to make payments A creditor XXXX 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 XXXX ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date. 

( b ) Grace period If an open end consumer credit plan provides a time period within which an obligor may repay any portion of the credit extended without incurring an additional finance charge, such additional finance charge may not be imposed with respect to such portion of the credit extended for the billing cycle of which such period is a part, unless a statement which includes the amount upon which the finance charge for the period is based was mailed or delivered to the consumer not later than 21 days before the date specified in the statement by which payment must be made in order to avoid imposition of that finance charge. 

XXXX Treatment of credit balances ; account termination. 
( a ) Credit balances. When a credit balance in excess of {$1.00} is created on a credit account ( through transmittal of funds to a creditor in excess of the total balance due on an account, through rebates of unearned finance charges or insurance premiums, or through amounts otherwise owed to or held for the benefit of the consumer ), the creditor shall : ( XXXX ) Credit the amount of the credit balance to the consumer 's account ; ( XXXX ) Refund any part of the remaining credit balance within seven business days from receipt of a written request from the consumer ; ( XXXX ) Make a good faith effort to refund to the consumer by cash, check, or money order, or credit to a deposit account of the consumer, any part of the credit balance remaining in the account for more than six months. No further action is required if the consumer 's current location is not known to the creditor and can not be traced through the consumer 's last known address or telephone number. 

( b ) Account termination. 

( XXXX ) A creditor shall not terminate an account prior to its expiration date solely because the consumer does not incur a finance charge. 

( XXXX ) Nothing in paragraph ( b ) ( XXXX ) of this section prohibits a creditor from terminating an account that is inactive for three or more consecutive months. An account is inactive for purposes of this paragraph if no credit has been extended ( such as by purchase, cash advance or balance transfer ) and if the account has no outstanding balance. 

( c ) Timely settlement of estate debts ( XXXX ) General rule. 

( i ) Reasonable policies and procedures required. For credit card accounts under an open-end ( not home-secured ) consumer credit plan, card issuers must adopt reasonable written policies and procedures designed to ensure that an administrator of an estate of a deceased accountholder can determine the amount of and pay any balance on the account in a timely manner. 

( ii ) Application to joint accounts. Paragraph ( c ) of this section does not apply to the account of a deceased consumer if a joint accountholder remains on the account. 

( XXXX ) Timely statement of balance ( i ) Requirement. Upon request by the administrator of an estate, a card issuer must provide the administrator with the amount of the balance on a deceased consumer 's account in a timely manner. 

( ii ) Safe harbor. For purposes of paragraph ( c ) ( XXXX ) ( i ) of this section, providing the amount of the balance on the account within 30 days of receiving the request is deemed to be timely. 

( XXXX ) Limitations after receipt of request from administrator ( i ) Limitation on fees and increases in annual percentage rates. After receiving a request from the administrator of an estate for the amount of the balance on a deceased consumer 's account, a card issuer must not impose any fees on the account ( such as a late fee, annual fee, or over-the-limit fee ) or increase any annual percentage rate, except as provided by XXXX ( b ) ( XXXX ). 

( ii ) Limitation on trailing or residual interest. A card issuer must waive or rebate any additional finance charge due to a periodic interest rate if payment in full of the balance disclosed pursuant to paragraph ( c ) ( XXXX ) of this section is received within 30 days after disclosure.