Consumer complaint received 2024-12-10 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Problem with personal statement of dispute
Company: Westlake Services, LLC
State: NY

Complaint narrative:
Westlake Financial Services Attn : Customer Service Account Number : # XXXX Dear XXXX XXXX  XXXX I am writing in response to your recent communication regarding my account and the reporting status of the charge-off. The information provided by Westlake Financial is inaccurate and misleading, and I am demanding the immediate removal of the charge-off from my credit report due to multiple violations of consumer protection laws. 

In your letter, you stated that my account was charged off on XX/XX/year>, with an outstanding balance of {$18000.00}. However, this information does not accurately reflect the status of my account, and your response is inconsistent with the information provided by the credit bureaus. 

First and foremost, I would like to point out that multiple months of reporting have been omitted on my account, which constitutes a direct violation of the Fair Credit Reporting Act ( FCRA ), Section 1681s-2, which mandates that all information reported to the credit bureaus be accurate and complete. Your failure to report months of payment activity or account status undermines the integrity of the information and violates the law. I have attached documentation showing the missing months of reporting for your reference.

Additionally, the charge-off on your report does not reflect the accurate status of the debt, as it has already been removed from XXXX and XXXX. This discrepancy is not only damaging to my credit score but also misrepresents the true nature of the accounts status. I also wish to clarify that, contrary to your assertion, the debt has in fact been written off and is no longer an active liability. Under IRS Publication 4681 and relevant IRS guidelines, a 1099-C form is issued when a debt is canceled or forgiven, which is the case here. Your refusal to acknowledge this and continue to report the debt as outstanding is unlawful and further exacerbates the damage to my credit.

Under the Fair Credit Reporting Act ( FCRA ), Section 1681i, you are required to conduct a reasonable investigation of my dispute. Your response, which arrived less than 10 hours after my initial dispute, is insufficient for a thorough reinvestigation and does not meet the standards set by law for a proper review of disputed information. This rushed response violates my rights and shows a lack of due diligence in handling disputes in good faith.

Therefore, I demand the immediate removal of the inaccurate charge-off reporting from my account, as it violates both the FCRA and the Fair Debt Collection Practices Act ( FDCPA ). Specifically : A full and complete reinvestigation of this charge-off as per FCRA requirements.

Immediate removal of any inaccurate or incomplete information regarding this account from my credit report with all major credit bureaus.

Written confirmation of the changes made to my credit report, including the deletion of this inaccurate charge-off, within 15 days of receiving this letter.

Failure to comply with these demands will leave me with no option but to escalate the issue by filing complaints, the Federal Trade Commission ( FTC ), and pursuing legal action to remedy this violation of my rights and the inaccuracies affecting my creditworthiness.

Please check the attached documentation for further details on the inaccuracies, including the missing months of reporting. I look forward to your prompt and lawful response.

Attachments : Documentation of Missing Reporting Periods

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