Consumer complaint received 2025-11-26 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: EQUIFAX, INC.
State: CA

Complaint narrative:
XX/XX/XXXX Equifax Information Services LLC XXXX. XXXX XXXX XXXX, Georgia XXXX Re : New Evidence Motor Vehicle Retail Installment Contract ( XXXX XXXX ) proves XXXX  XXXX XXXX XXXX is Buyer, not a Personal Consumer Account Equifax File / Confirmation No. : Consumer : XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX Phone : ( XXXX ) XXXX I. Product and Problem Product : Credit reporting personal consumer credit report. 

Issue : Incorrect information and an unreasonable investigation into an existing problem ( FCRA 1681e ( b ), 1681i ). 

What is wrong : Equifax is reporting a personal consumer auto charge-off / deficiency in my name for a XXXX XXXX XXXX account related to a XXXX XXXX XXXX XXXX. 

The Motor Vehicle Retail Installment Contract Texas ( RISC ) that XXXX produced in response to my CFPB complaint shows XXXX  XXXX XXXX XXXX as the Buyer, with no separate personal guaranty agreement in my individual name. 

My signature appears in the buyer block as an authorized signer for the XXXX, not in a separate, clearly labeled Personal Guaranty, Individual Co-Buyer, or Personal Borrower section. 

XXXX repossessed and sold the vehicle and now claims a deficiency, but the personal tradeline and liability coding on my Equifax report do not match the contract structure or the post-repossession status. 

What I want : Primary request : Deletion of the XXXX XXXX XXXX tradeline from my personal consumer report as inaccurate, misleading, and unverifiable as to me personally ; or, if deletion is refused, then : Alternative : Full re-coding so the account does not appear as my personal consumer obligation, with accurate Date of First Delinquency ( DOFD ) and a correct post-repossession, fixed deficiency status instead of an ongoing delinquent installment loan in my name. 

XXXX. New Evidence from XXXX  Own CFPB Response Packet I have obtained and reviewed XXXX XXXX XXXX CFPB response file, which includes : Motor Vehicle Retail Installment Contract Texas ( RISC ) Cure / delinquency notice Repossession and sale notice ( Notice of Our Plan to Sell Property ) Auction breakdown ( deficiency calculation ) Audit trail / e-signature record Key facts from these documents : Buyer / Contract Caption The contract header is Motor Vehicle Retail Installment Contract Texas. 

The Buyer field identifies XXXX  XXXX XXXX XXXX as the buyer. 

My name, XXXX XXXX XXXX, appears in the buyer block and on the signature line, but there is no separate box, section, or rider explicitly labeling me as Individual Co-Buyer, Personal Borrower, or Personal Guarantor. 

Nature of Contract BusinessXXXX vs. Consumer The contract uses a consumer-style form, but the named buyer is a limited liability company ( XXXX  XXXX XXXX XXXX ) , not me personally. 

The DMV title, registration, and notices treat XXXX  XXXX XXXX XXXX as the primary owner/obligor, with me referenced only as a party with an interest or an authorized signer. 

TILA / Credit Terms ( from the RISC ) APR : approximately 8.74 % Amount Financed : approximately $ XXXX Finance Charge : approximately $ XXXX Total of Payments : approximately $ XXXX Monthly payment : approximately {$1100.00} Delinquency and Cure The delinquency/cure documents show repeated missed payments of {$1100.00} with increasing days past due. 

An XX/XX/XXXX cure notice references account ending XXXX / XXXX XXXX XXXX / XXXX ending XXXX and states that XXXX may hold you and the buyer personally liable for any deficiency even though the contract never clearly separates my individual capacity from XXXX  XXXX XXXX XXXX as buyer. 

Repossession, Sale, and Deficiency A XX/XX/XXXX Notice of Our Plan to Sell Property confirms repossession and a planned private sale. 

An XX/XX/XXXX Auction Breakdown letter addressed to me shows : Contractual balance at time of sale : {$66000.00} Auction proceeds : {$36000.00} Claimed deficiency : {$30000.00} XXXX states it is reporting the account as unpaid balance reported as a loss and will continue to report to the consumer reporting agencies. 

This is the new evidence that directly contradicts the way the tradeline is presently being reported in my personal consumer file. 

III. Why the Tradeline is Inaccurate and Misleading Under FCRA and Metro 2 A. Misidentification of the True Obligor XXXX  vs. Individual Consumer Motor Vehicle Retail Installment Sales Acts typically require a written contract identifying the retail buyer, signed by the buyer and seller, containing the full agreement and TILA disclosures. Here : XXXX  own RISC identifies XXXX  XXXX XXXX XXXX as Buyer. 

There is no separate personal guaranty or clearly labeled Co-Buyer / Individual Borrower / Guarantor line for me. 

Signing on behalf of an XXXX in an ambiguous buyer block does not magically convert the transaction into a clean personal consumer RISC in my individual name. 

Nevertheless, XXXX is furnishing, and Equifax is reporting, this account as : A personal consumer auto installment loan, and A charged-off loss in my name, as if I were an individual or joint obligor. 

That is not consistent with the written contract and is therefore inaccurate and misleading. 

Under FCRA 607 ( b ), 15 U.S.C. 1681e ( b ), Equifax must follow reasonable procedures to assure maximum possible accuracy. When documentary evidence shows a business/XXXX  buyer, continuing to report a personal consumer charge-off in my name fails that standard. 

Relevant case law includes : XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ) A CRAs investigation must be reasonable and can not simply parrot a furnisher when evidence contradicts the furnishers position. 

XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX ( XXXX XXXX. XXXX ) CRAs must have reasonable procedures to assure accuracy and can not ignore conflicting information. 

B. Ambiguity of My Signature and Lack of Clear Personal Guaranty The retail installment contract is titled Motor Vehicle Retail Installment Contract Texas and lists XXXX  XXXX XXXX XXXX as the buyer. My signature appears in the capacity of an authorized signer for the XXXX. There is no separate, clear personal guaranty agreement in my name. 

XXXX  own e-signature audit trail lists XXXX  XXXX XXXX XXXX and me separately, which creates ambiguity about whether I signed purely as an XXXX representative or as a personal co-borrower. Because of this ambiguity and the absence of a distinct guaranty, XXXX can not show a clean, compliant consumer retail installment contract binding me personally, and Equifax can not reasonably claim that it verified this as my personal consumer obligation under FCRA 611. 

XXXX Status, DOFD, and Payment-History Coding If XXXX insists there is a deficiency, the account is, at most, a closed, repossessed account with a fixed DOFD and a static deficiency balance. It is not an open consumer installment loan with rolling delinquencies. 

Any Metro 2 coding that : Suggests an open installment account after repossession and sale, or Shows ongoing past-due amounts while also reporting the account as charged off/ loss is structurally inconsistent and misleading under FCRA 607 ( b ) and industry Metro 2 standards. 

IV. Itemized Dispute Points for e-OSCAR and Reinvestigation For clarity in your automated and manual systems, I am disputing the XXXX XXXX XXXX tradeline on the following grounds : Not My Personal Obligation ( Wrong Debtor / Responsibility ) The RISC shows XXXX  XXXX XXXX XXXX as Buyer ; there is no separate personal guaranty. 

Any reporting that lists me as individual or joint borrower / co-signer on a personal consumer account is inaccurate. 

Wrong Account Type / Portfolio Type The transaction is structured in the name of an XXXX, with the vehicle titled and treated as XXXX property. 

Reporting this as a pure consumer installment loan in my personal name is misleading. 

Incorrect Status After Repossession and Sale Any coding that suggests an open installment account with rolling delinquencies after repossession and sale is inaccurate. 

The account is, at most, a charged-off deficiency and must be reported as such with a proper DOFD, not as a continuing delinquent consumer note in my name. 

Incomplete and Misleading Balance / Deficiency Presentation XXXX  auction letter admits a deficiency of {$30000.00} ; any balance reporting inconsistent with that figure, or suggesting that I personally owe different or fluctuating amounts, is inaccurate. 

Inadequate Prior Investigation by Furnisher and CRA Prior verification failed to reconcile : The RISCs caption and XXXX buyer ; The absence of a clear personal guaranty ; The XXXX-based notices and deficiency calculation with the way the tradeline appears in my personal credit file. 

V. Requested Actions and Method of Verification In light of this new evidence and the legal authority above, I request that Equifax : Delete the XXXX XXXX XXXX tradeline from my personal consumer report as inaccurate, misleading, and unverifiable as to my personal liability ; or, if deletion is refused, then : Re-code the tradeline so that I am not shown as a personal obligor ( remove any ECOA / liability coding that portrays individual or joint responsibility and remove this account from my consumer file ), and Correct any DOFD, status, and payment-history fields so they accurately reflect a closed, repossessed account with a fixed DOFD and static deficiency, not an ongoing delinquent installment loan. 

In addition, under FCRA 611 ( a ), I request a Method of Verification, including : The specific contract ( s ) or guaranty that Equifax relied upon to conclude that I am personally obligated ; The current ECOA Code, Account Type, Portfolio Type, and DOFD that Equifax is reporting for this account ; A description of the investigation steps taken in light of : The RISC naming XXXX  XXXX XXXX XXXX as Buyer ; and The lack of a separate, clear personal guaranty in my name. 

VI. Exhibits ( Enclosed ) Please treat the following as exhibits to this dispute : Exhibit A Personal Information Statement ( XXXX XXXX XXXX ) Copy of Motor Vehicle Retail Installment Contract Texas ( RISC ) identifying XXXX  XXXX XXXX XXXX as Buyer Cure / delinquency notice Repossession and sale notice ( Notice of Our Plan to Sell Property ) Auction breakdown letter ( deficiency calculation ) Any prior dispute correspondence and CFPB complaint confirmation related to this XXXX account Please complete your reinvestigation within the time required by FCRA and send me written results and an updated copy of my Equifax report reflecting all corrections or deletions. 

Sincerely, XXXX XXXX XXXX

Company response to consumer: Closed with explanation