Consumer complaint received 2023-08-09
Product: Credit reporting, credit repair services, or other personal consumer reports 
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account status incorrect
Company: EQUIFAX, INC.
State: TX

Complaint:
Complaint Against XXXX for Reporting Negative Information on Credit Report and Failure to Provide Notification of Charge Off Dear Sir/Madam, I am writing to file a formal complaint against XXXX regarding their handling of my debt and their failure to provide necessary communication and documentation. XXXX has reported negative information on my credit report without any notification of the charge off, and despite multiple attempts to contact them regarding the debt, they have failed to respond to any of my concerns. 

As per my records, I attempted to reach out to XXXX via email on multiple occasions to inquire about payment options and resolve the outstanding debt. These emails were sent on XX/XX/XXXX and XX/XX/XXXX respectively. However, I did not receive any response from XXXX. Furthermore, on XX/XX/XXXX, I sent an email to XXXX informing them that a debt collector, XXXX, had contacted me and harassed me. I explicitly requested to file a complaint and for XXXX to refrain from contacting me again due to the threats. I also requested a payment arrangement, but XXXX did not respond to this email either. 

Subsequently, a new creditor named XXXX took over my debt without any prior notification from XXXX regarding the charge off. It was only through communication from the new collector, XXXX, via email that I became aware of this transfer. Furthermore, on XX/XX/XXXX, I sent a request to XXXX to verify the debt. Despite my persistent efforts to resolve this matter, XXXX has been completely unresponsive. 

It is important to note that XXXX did not send me any billing statements via USPS or email prior to charging off the debt, nor have they provided me with a 1099 stating that the debt was charged off. This has led to significant confusion and frustration on my part. I believe that XXXX XXXX actions are in violation of the Fair Credit Reporting Act ( FCRA ) and the Consumer Financial Protection Bureau ( CFPB ) laws and statutes. 

Under the FCRA, specifically section 623 ( a ) ( 8 ), it is required that a creditor provides written notice to the consumer before any information regarding charge off is reported on their credit report. XXXX has failed to fulfill this obligation, and as a result, negative information has been reported inaccurately. 

Additionally, under the FCRA, section 623 ( a ) ( 1 ), a creditor is responsible for providing a statement to the consumer indicating that the debt has been charged off and for sending a 1099 form if the debt is reported to the Internal Revenue Service. XXXX XXXX failure to provide these notifications is a clear violation of the FCRA. 

Furthermore, the CFPB has established guidelines to protect consumers from unfair and deceptive practices by financial institutions. XXXXXXXX XXXX lack of response, failure to communicate, and failure to provide necessary notifications constitute a violation of these guidelines. 

Therefore, I demand that XXXX immediately remove the negative information they have reported on my credit report. I also request that Lendly fulfill their obligations under the FCRA and the CFPB laws and statutes by providing written notice of the charge off, a 1099 form, and communication regarding the outstanding debt. 

I appreciate your attention to this matter and look forward to a prompt resolution. Enclosed with this letter are copies of all relevant documentation and correspondence for your reference. Please do not hesitate to contact me if you require any further information or if additional documentation is needed. 

Thank you for your assistance in this matter.

Company response to consumer: Closed with explanation