Consumer complaint received 2025-01-04 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: MARINER FINANCE, LLC
State: TX

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX XXXX, TX XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX, PA XXXX Re : Dispute of Collection/Charge-Off Account Violation of FCRA 1681s-2 ( a ) ( 1 ) ( A ), IRC 6050P, and CFPA 1036 ( a ) ( 1 ) ( B ) Account Number : XXXX Creditor : Mariner Finance Dear Sir or Madam, I am writing to formally dispute the information listed in my credit report regarding the account referenced above. This debt is considered a charge off ; however this is actually considered income and I should have received a1099c in order to account for this as income. This is not a charge off. I am requesting that this be removed because this is not debt. It is considered income and income should not be reporting on my credit report. Specifically, I believe this account violates multiple provisions of federal law, including FCRA Section 1681s-2 ( a ) ( 1 ) ( A ), IRC Section 6050P, and CFPA Section 1036 ( a ) ( 1 ) ( B ). 
1. Violation of FCRA Section 1681s-2 ( a ) ( 1 ) ( A ) : According to the Fair Credit Reporting Act ( FCRA ) 1681s-2 ( a ) ( 1 ) ( A ), a creditor must report accurate information to the credit reporting agencies. Reporting a charged-off account as delinquent without issuing the legally required 1099-C creates an inconsistency between the IRS classification and the creditors reporting practices, constituting inaccurate reporting under the FCRA.

2. Violation of IRC Section 6050P : Under Internal Revenue Code ( IRC ) Section 6050P, if a debt is forgiven or discharged, the lender or creditor is required to file a Form 1099-C to report the cancellation of debt. This has not been properly reported or documented in my case. As required by IRC 6050P, any canceled debt over {$600.00} should have been reported to the IRS and I, as the taxpayer, should have received a Form 1099-C. As the creditor, you continue to report the balance to the credit reporting agencies as an active charge-off.

3. Violation of CFPA Section 1036 ( a ) ( 1 ) ( B ) : The Consumer Financial Protection Act ( CFPA ) Section 1036 ( a ) ( 1 ) ( B ) prohibits unfair, deceptive, or abusive acts or practice ( UDAAP ) to report a charged- off account as collectible or delinquent when it should be classified income and documented through a 1099-C. The reporting and handling of this account may constitute a violation of these standards. If any collection activities or reporting practices are deemed to be unfair, deceptive, or abusive under CFPA regulations, I request that they be immediately corrected and that this information be removed from my credit report if applicable. 

Requested Action : Given the legal violations outlined above, I request the following actions : 1. Immediate investigation and correction of the information associated with the account in question.

2. Removal of any inaccurate entries related to the charge-off or collection.

3. Cease any unfair or deceptive collection practices under CFPA Section 1036 ( a ) ( 1 ) ( B ). 
Please provide me with a written response detailing your findings, actions taken, and supporting documentation. If the information is found to be inaccurate, I expect prompt removal or correction of the account. If you fail to address these violations or provide adequate evidence of compliance, I will be forced to escalate this matter to the appropriate authorities, including filing complaints with the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), and the Internal Revenue Service ( IRS ). 
Thank you for your prompt attention to this matter. I look forward to your swift response. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation