Consumer complaint received 2024-11-16 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: Lendmark Financial Services
State: GA

Complaint narrative:
Dear Sir/Madam, I am writing to formally notify you that I am prepared to take legal action against Lendmark Financial Services for your continued failure to provide the required documentation and for the ongoing violation of my consumer rights. I have already escalated this matter to the State Attorney and am fully prepared to pursue legal action to protect my rights.

Failure to Provide Requested Documentation As previously communicated, I requested documentation in compliance with 15 U.S. Code 1681s-2 ( b ) and 15 U.S. Code 1637 ( b ), which you have failed to provide. Specifically, you have sent me an account statement, which is insufficient to demonstrate compliance with the law. I requested proof of mailing or delivery of the required periodic statement ( s ) at least 21 days before the payment due date, which you have not provided.

Additionally, as this is an installment loan, 15 U.S. Code 1666b, which applies to credit cards under open-end consumer credit plans, is not applicable. However, my dispute still falls under the requirements of the Fair Credit Reporting Act ( FCRA ), 15 U.S. Code 1681s-2 ( b ), which mandates that information reported to the credit bureaus must be accurate, and Truth in Lending Act ( TILA ), which requires clear disclosure of loan terms, including payment schedules and other fees.

Your failure to provide the requested documentation and to correct the inaccuracies is a clear violation of the legal requirements under both FCRA and TILA.

Inaccurate Reporting of Address Another issue I must address is the incorrect address you have associated with my account. You reported an address of XXXX XXXX XXXX, which I have never resided at. I do not know where this address came from, nor have I ever received any mail at that location. My correct address is : XXXX XXXX XXXX XXXX, GA XXXX Please immediately remove this inaccurate address from your records and provide me with a clear explanation of how you obtained this incorrect information.! 

Inaccurate Reporting of Vehicle Status Furthermore, you are incorrectly reporting the status of the vehicle associated with this loan. The car has been inoperable and non-driving for an extended period of time, and I have notified Lendmark multiple times about this situation. The vehicle was picked up by your company, and I have not been in possession of the car since that time. 

It is clear that you are continuing to report inaccurate information that damages my creditworthiness. It appears that Lendmark is intentionally reporting incorrect information to harm my credit, especially now that I have shown interest in having this information removed. This is an unacceptable and unlawful practice.15 U.S. Code 1681a - Definitions ; rules of construction ( 2 ) Exclusions.Except as provided in paragraph ( XXXX ), the term consumer report does not include ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; My transactions and experiences with your company are excluded from the consumer report. 
You have no right to furnish my transactions and experiences when the law clearly states that this information is excluded from my consumer reports. Do not tell me this information is verified because you have not submitted proof of compliance with section 15 USC 1681a ( 2 ) Ai and 15 USC 1637 ( b ).

you have violated section 15 USC 1681s-2. 15 USC 1637 ( b ) is very specific on all required information needed or that must be mailed or delivered to the consumer! 15 U.S. Code 1681i - Procedure in case of disputed accuracy ( 5 ) Treatment of Inaccurate or Unverifiable Information ( A ) In general if, after any reinvestigation under paragraph ( 1 ) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or can not be verified, the consumer reporting agency shall ( i ) promptly delete that item of information from the file of the consumer, or modify that item of information, as appropriate, based on the results of the reinvestigation ; and ( ii ) promptly notify the furnisher of that information that the information has been modified or deleted from the file of the consumer.

Company response to consumer: Closed with explanation