Consumer complaint received 2025-01-24 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Public record information inaccurate
Company: EQUIFAX, INC.
State: DE

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX Delaware XXXX Date : XX/XX/XXXX Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX, XXXX XXXX Subject : Complaint Regarding Incorrect Charge-Offs on Credit Report - Equifax Dear Sir/Madam, I am writing to file a formal complaint regarding inaccurate information being reported by Equifax Information Services, specifically relating to charge-offs on my credit report. The charge-offs in question are from the following creditors : XXXX  XXXX ( reported as a charge-off on XX/XX/XXXX XXXX XXXX XXXX XXXX reported as a charge-off on XX/XX/XXXXXXXX XXXX XXXX XXXX XXXXXXXX  ( reported as a charge-off and was included in my bankruptcy ) These charge-offs are being reported in violation of the Fair Credit Reporting Act ( FCRA ) and other relevant consumer protection laws. According to the FCRA, charge-offs that have been included in a bankruptcy discharge can not continue to be reported as active charge-offs on a credit report. The charge-offs related to XXXX XXXX XXXX  XXXX in particular, were discharged through my bankruptcy, and as such, they should no longer be listed as charge-offs on my credit report.

Additionally, I have not received any Form 1099 from these creditors, which is typically issued when a debt is forgiven or charged off. Under IRS guidelines, creditors are required to issue a 1099-C ( Cancellation of Debt ) form if the charge-off is over {$600.00}. The failure to receive a 1099 form raises further concerns regarding the accuracy and legitimacy of the reporting of these charge-offs. 

I have already reached out to Equifax directly via written correspondence regarding these issues. Unfortunately, I have not received any response from them, which has led me to file this complaint with the CFPB for further investigation. 

Relevant Legal Provisions : Fair Credit Reporting Act ( FCRA ), Section XXXX681c : This section outlines the regulations for how long negative information, such as charge-offs, can remain on your credit report. Charge-offs related to a bankruptcy discharge must be removed in accordance with these laws.

Bankruptcy and the Reporting of Debt : Any debt that was discharged in a bankruptcy proceeding can not legally remain as an active charge-off on a credit report. Reporting discharged debts in this manner is a violation of federal law.

IRS Form 1099-C ( Cancellation of Debt ) : Creditors are required to issue a 1099-C form if a debt of {$600.00} or more is canceled. The failure to issue such a form raises questions about the legitimacy of the charge-offs.

I respectfully request that the CFPB assist me in ensuring that these inaccuracies are removed from my credit report and that my rights under the FCRA are enforced. The continued reporting of these charge-offs is both harmful and unlawful.

Thank you for your time and attention to this matter. I am hopeful that this situation will be resolved promptly. Please let me know if you require any additional information or documentation from me. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with non-monetary relief