Consumer complaint received 2020-01-30
Product: Credit reporting, credit repair services, or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account status incorrect
Company: Experian Information Solutions Inc.

Complaint:
On XX/XX/XXXX I pulled my annual credit report with all 3 credit repositories and found that there is information reporting incorrectly on my report. 
I filed for a BK XXXX in XX/XX/XXXX. Papers filed were to reinstate both my home mortgage and my car loan. No debtors appeared at my hearing for debtors and there were no objections from the trustee to reinstating my selected accounts and discharging the others. My BK was discharged XX/XX/XXXX. 
I had no mortgage or car payment late pays prior to, during or after the BK. The trustee was well aware of my desire to reinstate my mortgage and car loan. Again, there were no objects to my request. There were no changes, modifications, etc to the original agreements for these loans and therefore, no need for reaffirmation ( which is only my civil legal liability to the loan and not my payment history ). 
I discovered that my auto loan account is reporting Discharged Through BK Chapter XXXX / Never Late, along with, current payment history on the auto loan thru XX/XX/XXXX. However, the account is being reported as closed as of XX/XX/XXXX. Again, this is inaccurate as this debt was reinstated, not discharged and it only serves to negatively impact my credit rating.

I contacted my auto loan carrier at XXXX whom stated that they have not reported my account as closed and have reported all of my payments. They did a soft pull on my XXXX and said XXXX was no longer reporting any of my payment history and that they run into this kind of thing frequently and have tried to address with repositories whom only say that they have the option to report as they choose. I would believe that this is in direct violation of the Fair Credit Reporting Act, but I will leave that to the investigation of the CFPB. 
I also discovered that my mortgage history was reporting through XX/XX/XXXX, again with Discharged Through BK Chapter XXXX / Never Late and closed XX/XX/XXXX. Again, inaccurate as this debt was reinstated, not XXXX. 
Since my original mortgage with XXXX, my loan has been serviced by multiple servicers, however, the newest one is now XXXX XXXX XXXX, who is not reporting to my credit at all. I contacted them at XXXX and the representative advised me that it is their policy to make no credit reporting at all without a reaffirmation agreement. I explained that I live in Arizona which is a title and deed state, meaning my vested interested in the property never changed and again, no affirmation is required as there were never any changes made to the original loan agreement, via terms and payments which would affect what is reported to credit history. I asked if there was an escalation process to request that my payments be reported to the repositories and again was told that this is a part of their policy. From a consumer point of view, this would appear to be extortion. 
I am in complete understanding that once a BK is filed, this affects the WAY a creditor can attempt to collect their debt which is governed by the Fair Debt Collection Practices Act. I am also aware that under the Fair Credit Reporting Act, the periodic statements can be affected. I can understand my credit report showing that there was a Chapter XXXX BK filed and the correct debts that were in fact discharged for up to 10 years. I fail to understand how these 2 creditors and 3 credit repositories, as a part of their policies and practices are reporting inaccurate information to my credit profile under, which is negatively impacting my credit FICO score, as well as, my financial offerings, believe that their actions of extortion are acceptable. In other words, they are refusing to correct their erroneous reporting of the correct status ( REINSTATED / CURRENT ), as well as, payment history to these accounts.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation