Consumer complaint received 2024-12-29 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account status incorrect
Company: Experian Information Solutions Inc.
State: IL

Complaint narrative:
XXXX XXXX XXXX used unfair collection practices to repossess my vehicle ; I have been long time member with XXXX XXXX made vehicle payments on time paid more than monthly amount for 3 years recently fell on hard times. Reached out to XXXX XXXX XXXX to discuss hardship/ deferment payment options which they have a plan that I'm billed monthly at XXXX to protect auto loan in the event I am faced with a hardship I had to " APPLY/QUALIFY '' for this assistance ; application were submitted for 3 months and were either ignored, marked as incomplete or denied. How do you get denied for hardship assistance when there's a reduction of income. All lenders offer the ability to place payments at the end of the loan without submitting proof of income/harship we have never used this benefit/program. It my belief we qualified due to national COVID disaster assistance programs, reduction of income due to being temporarily unemployed, and vehicle was in area of Hurricane XXXX of XXXX so we had 3 life changing events that XXXX advertise assistance for and we were repeatedly denied. Furthermore in State of Illinois lenders are required to send letter advising consumers of intent of repossession detailing redemption process ; and allow consumer 21 days to resolve issue before action is taken if loan is paid off more than 30 %. We never received written notification and loan is paid off 50 %. The original loan taken out XX/XX/XXXX was {$49000.00}. our current balance is XXXX which includes additional fees payments. Consumer rights were violated : 15 USC 1681b ( a ) ( 2 ), 15 USC 1681i, 15 USC 1681s-2, UCC 9 PART 6, UCC 9-609 ( b ) Breach of Peace, Public Disturbance. I logged into XXXX website and submitted payment of {$1500.00} which would have bought account current covering payment 2 months of payments our regular monthly payment is {$740.00} on XX/XX/XXXX at XXXX CST was advised by XXXX customer service representative the repossession order was sent out XX/XX/XXXX at XXXX CST which was after payment was submitted. Once XX/XX/XXXX when vehicle was repo 'd contact representative that advised to cancel payment from day before the amount due had changed ( fees added and needed to add XX/XX/XXXX payment which posted to account XX/XX/XXXX ) the new amount due is {$3600.00} which is outrageous. The total due of account was {$2200.00} on XX/XX/XXXX when payment for {$1500.00} was submitted. Its my assumption that XXXX XXXX XXXX practiced unlawful collection tactics to repo vehicle due to the fact we have a great interest rate of 4 % the vehicle is more than 50 % paid off and there would be equity in vehicle if resold making repossession of vehicle more profitable transaction to bank verses working it out with a longtime consumer ; there is no reason we should have been denied hardship repayment due to income that's the purpose of hardship income changes. We had to submit application and checks stubs to " APPLY '' to use coverage program that I have been billed XXXX per month for last 3 years. Repossession was preformed without proper legal authority. 

MAJOR CREDIT bureaus : I am writing to formally dispute numerous errors/ inaccurate information reflecting on my consumer credit profiles with all three major credit bureaus and to address several violations of consumer protection laws that have come to my attention. Upon reviewing credit reports dated XX/XX/XXXX I believe this action was taken unlawfully and in violation of both state and federal consumer laws, including the Fair Debt Collection Practices Act ( FDCPA ) and the Uniform Commercial Code ( UCC ). The below mention account ( s )/ information were mishandled and in direct volitation of the following consumer laws ; I reference the following laws and regulations in support of my dispute : 15 USC 1681b ( a ) ( 2 ) 15 USC 1681i 15 USC 1681 s-2 15 USC 1681c-2 ( a ) 15 USC 1666b 15 USC 1637 ( b ) 15 USC 1681 e ( b ) 15 USC 1681b ( 2 ) 15 USC 1681 ( q ) 15 USC 1681 ( 2XI ) 15 USC 1692c 15 USC 1635 15 USC 1692g UCC 9 part 6 UCC 9-609 ( b ) 12 CFR 1006.34C 12 CFR 1006.6C 12 CRF 1026.13 Failure to provide written notice of repossession intent and redemption options in a timely manner Failure to provide 1099-c Breach of peace Public Disturbance 1. 15 USC 1681b ( a ) ( 2 ) : This provision states that consumer reporting agencies may furnish reports only for permissible purposes. I have concerns that my information has been accessed without a legitimate reason.

2. 15 USC 1681i : Under this statute, I am entitled to dispute inaccurate information in my credit report. I request that you investigate the accuracy of the information being reported.

3. 15 USC 1681s-2 : This law requires furnishers of information to provide accurate data. I believe that the information you have reported is incorrect and must be corrected.

4. 15 USC 1681c-2 ( a ) : This provision details the expiration of certain negative information. I believe that information being reported is outdated and should not be included in my credit file.

5. 15 USC 1666b : This section pertains to billing error resolutions. I have not received proper resolution pertaining to the billing discrepancies on my account.

6. 15 USC 1637 ( b ) : This law requires clear disclosure of terms and conditions, which I believe were not adequately provided in my case.

7. 15 USC 1681e ( b ) : You have a duty to ensure maximum possible accuracy in the information you report. Failure to do so constitutes a violation of this section.

8. 15 USC 1681b ( 2 ) : This section mandates that I must be informed of the nature of the information used to make adverse decisions. I have not received adequate information regarding this.

9. 15 USC 1681 ( q ) : This provision prohibits the use of consumer reports for improper purposes. I am concerned my report has been accessed without my knowledge or consent.

10. 15 USC 1681 ( 2XI ) : This statute emphasizes the importance of accuracy in credit reporting, which I believe has not been upheld.

11. 15 USC 1692c : Under this law, I have the right to request debt validation which has not been provided to me satisfactorily.

12. 15 USC 1635 : This statute requires that consumers be informed about their right to cancel certain transactions, which was not properly communicated in my case.

13. 15 USC 1692g : This section mandates that I be provided with validation of the debt upon request. I have not received the necessary validation.

14. UCC 9-609 ( b ) : This provision states that a secured party must not breach the peace during the repossession process. I have concerns regarding the manner in which the repossession was conducted.

15. 12 CFR 1006.34C and 12 CFR 1006.6C : These regulations govern the treatment of accounts in collections and require proper disclosures regarding debt collection practices.

16. 12 CFR 1026.13 : This section provides additional requirements for credit card issuers to address billing errors, which I believe were not met in this situation.

- Failure to Provide Written Notice of Repossession Intent and Redemption Options : I did not receive the required written notice prior to the repossession of my vehicle, violating my rights under relevant laws.

- Failure to Provide 1099-C : I have not received a 1099-C for any canceled debts, which is necessary for accurate tax reporting.

- Breach of Peace/Public Disturbance : The manner in which the repossession was handled caused a public disturbance and did not adhere to the legal requirement of maintaining the peace.

Under the Fair Credit Reporting Act ( FCRA ), I have the right to dispute inaccurate information in my credit file. I am requesting that you conduct a thorough investigation of this matter to verify whether the creditor has reported this debt accurately and whether they have fulfilled their obligation to issue a 1099-C. If they are unable to provide proof of the cancellation of debt and the corresponding 1099-C, I request that you remove this entry from my credit report.

First, I would like to remind you that under the FDCPA, a creditor must provide proper notification before taking action such as repossession. I did not receive any written notice concerning a default or an impending repossession within the time frame required by law. Specifically, in Illinois where vehicle is registered lender is required to send written notice of default and repossession intent informing borrower of intent to recover vehicle provide instruction of remedy of default ; notice also allows borrower 21 days to bring loan current if vehicle is more than 30 % paid off.

Additionally, I would like to request that you provide me with documentation proving your right to repossess the vehicle, including the original loan agreement and any correspondence related to the default. According to the law, I have the right to receive this information, and failure to provide it may constitute additional violations of our rights as a consumer. My personal data information has been leaked in multiple " DATA BREACHES '' companies, bureaus and social security administration.

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