Consumer complaint received 2024-11-18 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: TD BANK US HOLDING COMPANY
State: TN

Complaint narrative:
Subject : Escalated Complaint Regarding Inaccurate Reporting of Charged-Off Account by TD Auto Finance LLC To Whom It May Concern, I am submitting this escalated complaint regarding TD Auto Finance LLCs inaccurate reporting of a charged-off account ( Account ending in XXXX ) and their failure to provide adequate documentation to validate the ownership and accuracy of this debt. Despite previous attempts to resolve this issue, including a formal complaint submitted through the CFPB ( Ref. No. XXXX ), TD Auto Finances response does not address key discrepancies, which continue to violate my rights under the Fair Credit Reporting Act ( FCRA ) and the Fair Debt Collection Practices Act ( FDCPA ).

Key Issues and Violations 1. Failure to Validate Ownership : XXXX XXXX XXXX has confirmed that this account was transferred to XXXX XXXX XXXX XXXX XXXX, as of XX/XX/XXXX. However, they have not provided the assignment contracts or chain of title documentation proving the transfer or ownership of this debt, as required under 15 U.S.C. 1681s-2 ( b ).

2. Continued Reporting Despite Transfer : XXXX XXXX XXXX claims it ceased reporting on this account in XX/XX/XXXX. However, my credit reports still list inaccurate and conflicting information attributed to TD Auto Finance, including : A charged-off status without clear ownership validation. 
Discrepancies in dates and balances across credit bureaus. 
XXXX. Failure to Address Tax Reporting Concerns : In their response, XXXX Auto Finance stated no 1099-C tax filings were issued, contradicting standard procedures for charged-off accounts. This omission raises questions about the validity and compliance of their reporting practices. 
XXXX. FCRA Violations : Inaccurate Reporting : TD Auto Finance has failed to ensure the maximum possible accuracy of the information reported ( 15 U.S.C. 1681e ( b ) ).

Failure to Investigate : TD Auto Finance has not conducted a reasonable investigation into the dispute, as required by 15 U.S.C. 1681i ( a ).

5. FDCPA Violations : If TD Auto Finance no longer owns this debt but continues to allow inaccurate reporting, this constitutes a potential false representation of the debts status, violating 15 U.S.C. 1692e.

Requested Resolution To resolve this matter, I request that the CFPB : 1. Investigate TD Auto Finance LLCs compliance with FCRA and FDCPA regulations. 
XXXX. Require TD Auto Finance and XXXX XXXX XXXX XXXX XXXX, to provide the full chain of title and assignment contracts for this account, including documentation related to securitization. 
XXXX. Ensure the removal of all inaccurate or unverifiable information from my credit report. 

Supporting Documentation I have attached the following : My original complaint to TD Auto Finance LLC. 
Their responses dated XX/XX/XXXX, and XX/XX/XXXX. 
My credit report highlighting discrepancies in the reporting of this account. 

Contact Information Full Name : XXXX XXXX XXXX Address : XXXX XXXX XXXX XXXX XXXX XXXXXXXX Box XXXX, XXXX, TN XXXX Phone Number : XXXX Email Address : XXXX Please address this escalated complaint and provide a resolution within the required investigation timeframe. I reserve the right to seek damages for continued inaccuracies and noncompliance under applicable laws. 

Sincerely, XXXX XXXX XXXX

Company response to consumer: Closed with explanation