Consumer complaint received 2021-04-13
Product: Credit reporting, credit repair services, or other personal consumer reports — Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem — Investigation took more than 30 days
Company: EQUIFAX, INC. (MA)

Hi, I am writing to notify of Unfair and Deceptive business practices by XXXX XXXX XXXX. XXXX XXXX XXXX reported to credit bureau having made no diligent efforts to notify me of late payments. Basic outline is below : XX/XX/XXXX - My loan for a purchase of secondary home was sold from XXXX XXXX to XXXX XXXX XXXX. On XX/XX/XXXX I went to XXXX website to set up account and automatic payments ( like I do for all recurring debt ). I made an attempt to set up automatic payment twice. To my knowledge all was set. 

XX/XX/XXXX - While pursuing an investment a lender pulled my credit to verify qualification for loan. Upon credit review I was told I did not qualify due to poor credit. The loan originator informed me there was a past due mortgage from XXXX XXXX XXXX or 3 months. 

XX/XX/XXXX - Upon finding out this issue I immediately called XXXX XXXX XXXX to pursue clarification of the issue. I was told that my automatic payment was denied due to an incorrect routing number from XXXX XXXX. I do not have a XXXX XXXX account, nor would I have any way of knowing a XXXX routing number. I use same information for all auto payments since I was XXXX years old ( now XXXX ). 

XX/XX/XXXX - I made immediate payment of debt owed + late penalty. 

The above are specific dates I have for begining of process. There have been so many calls and attempts at resolution since that I do not have specific record without combing my call records. Below is outline of what followed in my attempts to resolve : -I asked for an explanation of why I was never notified of my auto payment being denied. 
-While on these early stage ( and multiple ) phone calls XXXX XXXX XXXX phone systems were down. I was disconnected multiple times and could not understand what was being said to me over the phone. This was incredibly frustrating given magnitude of issue. 
-I spoke with a " manager '' named XXXX XXXX She told me I entered wrong routing number. I asked why was I not notified. I did not receive an answer until 1-2 days later. 
-Wendy informed me per records I attempted set up twice ( I believe once online and once over phone late XXXX XXXX. 
-Wendy then told me a notice was sent in the mail on XX/XX/XXXX. As one may recall, this was the week of the presidential election where vasts amount of mail were lost due to USPS logistical issues. 
-Wendy also informed me that I would have only received a telephone call to notify me of late payments from a computer automated system ... which on my phone shows up as SPAM RISK and also leaving no message. 
-Wendy confirmed on recorded line she would not answer such calls either. 

With no success of resolution through XXXX, I pursued higher level assistance. I was put in contact with the " Executive Office '', and two woman named XXXX and XXXX : XXXX informed me of the same information previously given that account was set up multiple times in XXXX, but it was denied and a general notice was sent in mail followed by SPAM RISK phone calls. 
-I made every effort to show in good faith that I was by no means avoiding payment of the loan, to the contrary I ACTIVELY tried to establish payment. And, upon finding out payment was late the first call I made was to XXXX to pay all outstanding debt + an incurred penalty. 
XXXX XXXXold me there was nothing she could do and she was LEGALLY bound to report late payments to credit bureaus. 
-My understanding is credit reporting is discretionary based on company policy, not legal grounds. 
-I was then contacted by XXXX XXXX 
-Upon review of my Mortgage Note it clearly states that any NOTICE must be sent by XXXX Bank via First Class Mail, not standard mail. XXXX verified the notice was in fact sent by standard mail not First Class. 
-Because XXXX Bank did not follow protocol of Note, they breached the contract and thereby have no grounds to report me for late payments. 
-It is my firm belief if the Notice of Automatic Payment Denial was sent per contract guidelines of First Class Mail it would not have been lost by USPS and I would have received and taken immediate and appropriate action, as I did on XX/XX/XXXX. 
-XXXX also confirmed the phone calls to " notify me '' were made by computer automated system that showed up as SPAM RISK ( she blamed it on my phone service carrier/XXXX XXXX ). She also verified they left no messages. 

With such little assistance, I reached out to the CEO of XXXX XXXX XXXX, XXXX XXXX. He has not replied to my inquiries or offered any assistance. 

Through the process of trying to resolve this issue I feel as though XXXX XXXX XXXX treated me unfairly and acted in a very deceptive manner. Their deception led to late payment penalties which they financially benefited from. 

In addition, the opportunity cost of me missing out on an investment opportunity has cost me well over {$100000.00} in my estimate. After working my adult life as a XXXX XXXX and never missing a payment for any of the 5 properties I own, I was able to build a credit score of over 800. Since XXXX XXXX unfairly reported me to credit bureau I now have a credit score of XXXX. This has eliminated all possibility of me securing a personal loan to purchase investment ( my livelihood ). I am not supporting a family with a toddler and newborn at home, an there is nothing I can proactively do to better position us for the future all because of deceptive practice by XXXX XXXX XXXX. 

In the interim since this began, I spoke with a credit assistance professional. He completely agreed to my position and that XXXX XXXX did not make any diligent efforts to notify me. 

In conclusion : Sending a letter during presidential election week with USPS on headline news for continued issues ( i.e. mail in ballot overloading system, potential bankruptcy ; etc ), and secondary to that only contacting me via computer automated system ( SPAM RISK ) with no messages left ... was by no means fair business practice. The punishment of my credit being destroyed does not fit the crime. 

I have also sought out legal representation and am working to create a suit that will also pursue damages for opportunity lost due to actions of XXXX XXXX XXXX. This is only a road I truly want to go down if XXXX XXXX XXXX continues to not do what is fair and notify credit bureaus that late payment was due to lack of diligence on their part and breach of the Note agreement ( First Class Mail ).