Consumer complaint received 2024-04-13
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Investigation took more than 30 days
Company: Exeter Finance, LLC. (CA)

( Exeter Finance account ending in XXXX ) According to 15 U.S.C. 1681 ( A ) I have the right to 100 % accuracy on my credit report. 
Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. 
EXETER FINANCE has failed to conduct a proper investigation on my dispute regarding the accuracy of the information reported on an account with my credit report. Back in XXXX of XXXX  I signed a settlement agreement with EXETER that stated if I payed them a certain amount they would report the account as closed, report that I no longer owe a balance, and report that the account status will be changed from COLLECTION & DEROGATORY to Paid in Full & Settled. I submitted a dispute via CFPB and XXXX  in XXXX regarding EXETER failing to update the account status in the time frame the law allows them to ( 30 days ), they responded that the account was accurate and verified which was a computer generated response that I will no longer accept, its been 5 months since the settlement agreement was finalized and EXETER still hasnt updated my account reporting with XXXX is an ACCURATE way. This is a clear violation of 15 USC 1681 ( A ).

15 U.S. Code 1681i Section ( 5 ) ( A ) specifically states : Treatment of inaccurate or unverifiable information ( A ) In general If, after any reinvestigation under paragraph ( 1 ) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or can not be verified, the CRA shall ( i ) promptly delete that item of information from the file of the consumer based on the results of the reinvestigation ; and ( ii ) promptly notify the furnisher of that information that the information has been deleted from the file of the consumer. 

Meaning if I provide proof of inaccurate results OR you fail to conduct a proper investigation you MUST delete the information of the account in question within 30 days of the dispute. This is a CLEAR violation of the FAIR CREDIT REPORTING ACT committed by XXXX XXXX EXETER FINANCE and I will not accept it any longer, Ive been submitting disputes & complaints about EXETERs & TRANSUNIONs inaccurate reporting since XX/XX/year> and this will force me to take both parties ( EXETER XXXX XXXX ) to the Superior Civil Court of XXXX XXXX and file a lawsuit against both parties for their misconduct and disregard for complying with the FCRA. This will be my final attempt to ask EXETER XXXX XXXX to remove my information from their records regarding an account with EXETER FINANCE or both EXETER XXXX XXXX will be held liable for violating the following : 15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; ( 2 ) such amount of punitive damages as the court may allow ; and ( 3 ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court.

I will be providing proof with this letter that shows both EXETER XXXX XXXX has already failed to comply with 15 U.S. Code 1681 ( N ), 15 U.S. Code 1681 ( i ), and According to 15 U.S.C. 1681 ( A ) which according to the fair credit reporting act, both parties can be held liable to me for statutory damages and both companies have violated this U.S code of federal statute multiple times. This is my FINAL attempt at rectify the issue before getting civil court involved. You MUST delete the account reported by EXETER from my credit report immediately upon receiving this letter this is NOT another dispute or opportunity for you to reinvestigate the previous dispute. The allowed period to conduct such a reinvestigation has expired and shall not be extended by law. 

Documents provided : ( 1 ) Screenshot that EXETER is still reporting inaccurate information to XXXX ( 2 ) Settlement Agreement I have with Exeter from XX/XX/year> ( 3 ) Settlement receipt ( 4 ) CFPB complaint against XXXX from XX/XX/year> ( 5 ) CFPB complaint against Exeter from XX/XX/year>