Consumer complaint received 2025-04-10 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: TRANSUNION INTERMEDIATE HOLDINGS, INC.
State: NJ

Complaint narrative:
I am writing to formally challenge and rebut the inaccurate late payment history reported on my credit file for the following DEPT OF ED/XXXX  student loan accounts, as detailed in your credit report dated XX/XX/XXXX Account # XXXX : {$4100.00} balance, " 90 days past due as of XX/XX/XXXX, '' {$100.00} past due. 
Account # XXXX : {$9200.00} balance, " 90 days past due as of XX/XX/XXXX, '' {$280.00} past due These entries violate the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq., and the Truth in Lending Act ( TILA ), 15 U.S.C. 1601 et seq. I demand tangible evidence of XXXX ownership of these debts, as XXXX is a loan servicernot the legal ownerand assert that the reported delinquencies are invalid without the accompanying promissory note, which is inseparable from the student loan obligation. I request immediate removal of these late payment notations, as outlined below. 

A student loan and its promissory note are legal accessories that must travel togetherthey are inseparable. The promissory note is the written contract evidencing the borrowers obligation to repay the loan, securing the debt with specific terms ( e.g., repayment schedule, interest rate ). The loan itself represents the funds disbursed, while the note secures the obligation, establishing the legal basis for any delinquency or enforcement action. Without the promissory note, the debt lacks enforceability, and reporting late payments is baseless, as the terms of repayment can not be verified. Experian & Transunion failure to ensure the note accompanies these reported delinquencies undermines their accuracy and legality.

Legal Violations Supporting Rebuttal Violation # 1 : Failure to Provide Timely Billing Error Notification ( 15 U.S.C. 1666b ) Under 15 U.S.C. 1666b ( TILA ), a creditor must allow 60 days from the receipt of a billing statement for the consumer to dispute errors before treating an account as delinquent. Experian has not demonstrated that XXXX the purported owner, the Department of Educationissued billing statements reflecting the alleged {$100.00} and {$280.00} past-due amounts prior to reporting them as " 90 days past due as of XX/XX/XXXX. '' Without proof of TILA-compliant notification, these late payment entries are premature and inaccurate, violating Experians duty to ensure " maximum possible accuracy '' under 15 U.S.C. 1681e ( b ). 

Violation # 2 : Lack of Periodic Statement Disclosures ( 15 U.S.C. 1637 ( b ) ) Pursuant to 15 U.S.C. 1637 ( b ) ( TILA ), creditors must provide periodic statements detailing the balance, minimum payment, and due date to substantiate any delinquency. For these accounts, Experian reports monthly payments of {$27.00} and {$71.00}, yet offers no evidence that XXXX provided statements showing missed payments leading to the " 90 days past due '' status. Without these disclosures, the late payment history lacks a verifiable foundation, breaching FCRAs requirement for complete and accurate reporting ( 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ) ). 

Violation # 3 : Furnishers Failure to Validate Ownership and Accuracy ( 15 U.S.C. 1681s-2 ) Under 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ) ( FCRA 623 ), furnishers must not report inaccurate or unverifiable information. XXXX is a loan servicer, not the owner of these loans, which are likely held by the Department of Education or a guarantor. 

I demand tangible evidence of : A contract or assignment proving Aidvantages ownership of these loans ; The promissory notes securing the obligations, without which the delinquencies can not be validated. 
Experian & Transunion has not verified that XXXX any furnisherpossesses legal title to report these debts, rendering their inclusion unlawful. As a servicer, XXXX lacks standing to report delinquencies absent proof of ownership or delegation from the true creditor, violating 1681s-2. 
Violation # 4 : Inadequate Reinvestigation ( 15 U.S.C. 1681i ) Under 15 U.S.C. 1681i ( a ) ( 1 ) ( A ), Experian must conduct a reasonable reinvestigation of disputed information. My prior dispute in XX/XX/XXXX was unsatisfactorily resolved, as noted in your report, and I now challenge these late payments again. Experian & Transunion has not provided no tangible evidencesuch as the promissory notes, payment records, or ownership documentationto support the " 90 days past due '' status. Reliance on automated updates from XXXX via E-OSCAR does not meet FCRAs reinvestigation standard, and these entries must be removed as unverifiable. 

Request for Tangible Evidence I request the following specific documentation to validate these late payment reports : The original promissory notes for each account, signed by me, establishing the terms and securing the obligation. 
A contract or assignment proving XXXX owns these debts, not merely services them, or documentation from the Department of Education authorizing Aidvantage to report on its behalf. 
Billing statements issued prior to XX/XX/XXXX, showing missed payments of {$27.00} and {$71.00}, compliant with TILA disclosure requirements. 
Payment history records directly tied to the promissory notes, proving the " 90 days past due '' status. 
Without this evidence, the late payments are illegally reported, as XXXX lacks ownership and the noteinseparable from the loanhas not been produced to substantiate the delinquency. 

Demands and Legal Notice I demand the following within the 30-day statutory reinvestigation period : Immediate Removal Delete the " 90 days past due '' notations for both DEPT OF EDXXXX accounts unless Experian provides the requested tangible evidence proving ED/XXXX  has ownership and has followed compliance with TILA and FCRA.Supporting Tangible Documentation : Furnish all records relied upon to report these delinquencies, including the promissory notes and ownership proof, mailed to me. 
Updated Credit Report : Provide a corrected credit report reflecting the resolution, sent to my address above. 

Warning : Generic records, unverifiable statements, or failure to produce the promissory notes will be rejected as insufficient. If Experian or XXXX continues this inaccurate reporting without proof, I will pursue remedies for willful noncompliance under 15 U.S.C. 1681n, including reporting violations to the Consumer Financial Protection Bureau ( CFPB ). 

The student loan and its note are inseparable ; without both, these delinquencies lack legal standing. I expect a detailed response addressing each violation raised.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation