Consumer complaint received 2024-05-19
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: Continental Finance Company, LLC (NC)

XXXX XXXX  Amount : {$0.00} Opened : XX/XX/year> I am writing to your company concerning a charge-off listed on my consumer report, which I have no knowledge of. According to 15 USC 1681 ( d ) Consumer Report.

( 1 ) In general.The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer 's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 1681b of this title.

( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) 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 A charge off can only occur when late payments are reported. However, federal law clearly and conspicuously states that reports containing information solely as to transactions or experiences between the consumer and the person making the report is an exclusion. Do late payments not fall under experiences, which are not supposed to be part of the consumer report? These late payments were reported without authorization and in clear violation of federal law.

A payment may only be treated as late if certain requirements are abided by, one including those of 15 USC 1666 B, labeled under timing of payments. It is stated ; A creditor may 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 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date.

Where is this documentation to validate these late payments that resulted in a charge off? This documentation pursuant of this statute, should have been provided to the credit reporting agencies as well as I, the consumer in order to furnish this information. 

I, the consumer, am stating I received no such documentation to validate the late payments being reported. 

If it is lucid that late payments are an exclusion, what is the basis of this charge-off? There is no justification for this unlawful action. I demand the immediate deletion of this account from my consumer report. 

If this account is not removed within 30 days of your receipt of this letter, I will have grounds to sue. Which will include, but its not limited to ; defamation of character negligent enablement of identity fraud Fair Credit Reporting Acts 15 USC 1681 violations for willful non-compliance and 616 civil liability for willful non-compliance I am fully aware of my consumer rights, and this charge-off was reported in complete disregard of those rights. Remove this account immediately.