Consumer complaint received 2025-04-17 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: EQUIFAX, INC.
State: AL

Complaint narrative:
I am writing to dispute the accuracy and validity of the information being reported on my credit file regarding the auto loan account with XXXX XXXX XXXX XXXX Account Number : XXXX. The reporting and handling of this account include serious errors, misrepresentations, and possible violations of multiple federal laws, including the Fair Credit Reporting Act ( FCRA ), Fair Debt Collection Practices Act ( FDCPA ), and UCC Article 9.

Nature of the Dispute While this account may be associated with me, the information currently being reported including the balance, delinquency status, and timeline of repossession is false, misleading, and unauthorized. I did not authorize the reporting of late payments while under an active payment arrangement. I also did not agree to the unfair sale of my vehicle, or the resulting inflated balance. Therefore, I dispute this reporting as inaccurate and unauthorized and request that it be removed in full. 

Violations and Supporting Grounds Repossession Despite a Valid Payment Arrangement My vehicle was repossessed even though a payment arrangement was in place. This constitutes a breach of our agreement and a deceptive act, in violation of FDCPA 1692e ( 5 ) which prohibits threats or actions that are not legally permissible.

Inadequate Time to Cure and Unfair Vehicle Sale I was given only 12 days to bring the account to zero before the vehicle was sold for {$5800.00}, against a balance of {$14000.00}. This is a violation of UCC 9-610, which requires that a repossessed vehicle be sold in a commercially reasonable manner. 


Broken Promises of Fee Waivers I was told that specific fees would be waived if I made a payment. Those fees were never waived. This constitutes false representation under FDCPA 1692e ( 10 ).

Inaccurate Late Payment Reporting Late payments were reported to the credit bureaus during the time I was under an agreed-upon arrangement. This violates FCRA 1681s-2 ( a ), which prohibits furnishing inaccurate or misleading credit data.

Inflated Balance Due to Improper Sale The balance reported does not reflect the proceeds from the vehicle sale or promised fee reductions. This may violate FDCPA 1692f ( 1 ) and FCRA 1681s-2 ( b ), both of which prohibit collecting or reporting amounts not lawfully owed.

Failure to Provide Requested Contract and Documentation I formally requested a copy of my original contract and account history in XX/XX/year>. I have not received any documentation to date. This violates FDCPA 1692g ( b ).

FTC Identity Theft Report & Request for Expedited Deletion Given the false and unauthorized reporting of account terms, fees, and credit information, I have filed a report with the Federal Trade Commission ( FTC ) describing these inaccuracies as a form of identity misuse and account distortion. Although this account may have been opened by me, the current status and reporting of the account do not reflect any terms I agreed to or authorized.

Under FCRA 1681c-2, I am requesting that this tradeline be blocked and deleted within 4 business days of receiving the FTC report and my identifying information. The reported information is misleading and damaging, and its inclusion on my credit file is unlawful under federal law.

Requested Actions Accordingly, I am formally requesting the following actions : Remove all late payment entries associated with this account ; Delete the entire tradeline from my credit report within 4 business days, upon receipt of my FTC Identity Theft Report and supporting documents ; Waive and discharge any remaining deficiency balance, resulting from the improper sale of the vehicle ; Provide a full written explanation of the repossession process, timeline, and vehicle sale ; Send a complete copy of my original contract and full account history ; Correct or remove the reported balance if it can not be verified with proper documentation.

This letter serves as a formal dispute under the Fair Credit Reporting Act ( FCRA ) and the Fair Debt Collection Practices Act ( FDCPA ). Please respond to this matter within 30 days, or 4 business days if based on the FTC report. If you fail to do so, I am prepared to file formal complaints with the Consumer Financial Protection Bureau ( CFPB ) and pursue other remedies under law I have submitted a formal report to the Federal Trade Commission ( FTC ) regarding the mishandling and misreporting of this account. Upon receipt of that report and supporting documentation, I am requesting that this tradeline be deleted from my credit report within 4 business days, as allowed under the Fair Credit Reporting Act ( FCRA ) 1681i ( a ) ( 5 ) ( A ) and 1681c-2, which allow for blocking or removal of disputed information related to identity theft or fraudulent reporting.

FCRA 1681i Disputes and Reinvestigations This section says that if you dispute information on your credit report, the credit bureau must investigate your claim within 30 days.

1681i ( a ) ( 1 ) ( A ) : If the completeness or accuracy of any item of information contained in a consumers file is disputed by the consumer... the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate.

And 1681i ( a ) ( 5 ) ( A ) : If the information can not be verified, it must be deleted from your credit report.

This is why sending your letter in writing with evidence ( like your FTC report ) is so powerful.

FCRA 1681c-2 Blocking Information Resulting from Identity Theft This section is specifically for situations where an item results from identity theft, unauthorized accounts, or fraud. If you submit an FTC Identity Theft Report and proof of identity, the credit bureau must block the item from your credit report within 4 business days.

1681c-2 ( a ) : A consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the receipt of : Proper identification ; A copy of the FTC Identity Theft Report ; The consumers statement that the info is fraudulent and not theirs.

This is your legal basis to demand deletion within 4 business days if you're submitting an FTC report along with your dispute.

FCRA 1681s-2 Duties of Furnishers ( Lenders ) to Report Accurate Info 1681s-2 ( a ) : A company furnishing info ( like a lender or debt collector ) must not report inaccurate or incomplete information to a credit bureau.

1681s-2 ( b ) : If a consumer disputes the information, the furnisher must : Investigate the dispute, Review all relevant information, Correct or delete inaccurate or unverifiable information.

If you're using an FTC report because you believe part of this reporting was fraudulent, unauthorized, or grossly mishandled, you're within your rights to demand : Immediate investigation, Deletion of the account A written response within 30 days ( or 4 business days for blocking via FTC report ).

This is a formal dispute letter under the FCRA and FDCPA. I request that you complete a full investigation of the above and respond within 30 days. If these matters are not addressed promptly and thoroughly, I am prepared to escalate the complaint to the Consumer Financial Protection Bureau ( CFPB ) and explore legal action for damages under federal and state law.

Company response to consumer: Closed with explanation