Consumer complaint received 2024-12-31 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account status incorrect
Company: AXOS FINANCIAL, INC.
State: TX

Complaint narrative:
I am submitting this complaint in response to Axos Bank communication and response dated XX/XX/year> ( attached ), regarding my CFPB complaint. After thoroughly reviewing your response, I must highlight several inaccuracies and reiterate my request for this account to be removed from all credit reports. 

1. Evidence of Account Closure Your records claim the account remains open and delinquent ; however, I have previously provided screenshots of communications through your system that clearly show the account was closed. Despite being provided this evidence, Axos Bank has continued to report this account inaccurately as 180 days past due. 

Additionally, the act of sending this account to collections with XXXX, XXXX XXXX XXXX is a clear indication that Axos Bank had closed the account. Transferring an account to collections implies the Bank relinquished further responsibility for managing the debt. Reporting the account as both open and delinquent is contradictory and misleading. 

I request Axos Bank immediately update its records, acknowledge the account 's closure, and cease reporting false information to credit bureaus. 

2. Violation of the Fair Credit Reporting Act ( FCRA ) Reporting inaccurate information to credit bureaus, especially after being notified of the inaccuracies, is a direct violation of the FCRA. Axos Banks actions not only perpetuate the reporting of false information but also mislead credit bureaus and create undue hardship for me. 

Given the evidence of account closure and the lack of proper validation of the debt, I demand that Axos Bank immediately : Remove this account from all credit reports with the three major credit bureaus ( XXXX, XXXX, and XXXX ). 
Provide written confirmation of the deletion within 15 business days.

3. Failure to Validate Debt Your response fails to provide sufficient validation of the alleged debt, as required under the Fair Debt Collection Practices Act ( FDCPA ). Proper validation includes : a. A copy of the original signed agreement. 
b. A detailed accounting of how the alleged balance was calculated. 
c. Proof that Axos Bank has the legal right to collect on the account. 

Despite my prior requests, this information has not been provided. Without proper validation, Axos Bank is in violation of the FDCPA and must cease collection and reporting activities immediately.

4. Failure to Act in Good Faith Axos Banks actions reflect an attempt to sidestep its responsibility to provide clear, accurate, and transparent information to its clients. Customers rely on truthful reporting and clear communication to make informed decisions and move forward effectively. 

Even in their attached response, they did not communicate that correspondence with their lack of communication and failure to address the screenshots of the system communicating the account was closed. 

By failing to acknowledge the evidence of closure, misreporting this account, and referring it to collections while simultaneously claiming it is open, Axos Bank has failed to act in good faith.

5. Request for Account Deletion Due to the repeated inaccuracies in reporting and the failure to validate the debt, I formally request that Axos Bank : a. Permanently delete this account from all credit reports. 
b. Cease all collection and communication efforts regarding this account. 
c. Provide written confirmation of the account 's deletion from credit reports within 15 business days. 

Failure to comply with this request will result in further escalation, including additional complaints with the Federal Trade Commission, other regulatory bodies, and potential legal action to enforce my rights under the FCRA and FDCPA. 

I appreciate your immediate attention to this matter and look forward to your prompt resolution.

Company response to consumer: Closed with explanation