Consumer complaint received 2025-10-14 00:00:00
Product: Debt collection — I do not know
Issue: False statements or representation — Attempted to collect wrong amount
Company: HW Holding, Inc
State: TX

Complaint narrative:
XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX, TX XXXX HWARFIELD ( Furnisher/Collection Agency ) Re : Dispute of Inaccurate Reporting on Account # XXXX * * ( Original Creditor : XXXX XXXX XXXX XXXX Demand for Permanent Deletion, Compensation, and Cease and Desist Under FCRA, FDCPA, XXXX XXXX XXXX and Applicable Laws Dear Sir or Madam, This letter is sent Without Prejudice pursuant to UCC 1-308 , reserving all my rights and remedies. I am disputing the inaccurate and unverifiable information appearing on my credit reports from TransUnion, Experian, and Equifax regarding the above-referenced account. This dispute is compliant with the Online Credit Reporting Act ( OCRA ), XXXX XXXX guidelines, and all relevant provisions of the Fair Credit Reporting Act ( FCRA, 15 U.S.C. 1681 et seq. ) and the Fair Debt Collection Practices Act ( FDCPA, 15 U.S.C. 1692 et seq. ). I demand a thorough, manual investigationnot an automated e-OSCAR processand the permanent deletion of this account from my credit files across all three bureaus. Additionally, I demand compensation for the damages caused by your inaccurate reporting, including but not limited to emotional distress, denial of credit opportunities, and increased interest rates. Failure to comply may result in legal action for violations of federal law. 
Description of Inaccuracies and Violations The account is reported as a collection/charge-off with a balance of {$6200.00}, showing derogatory status as of various dates ( e.g., TransUnion : XX/XX/XXXX ; XXXX : XX/XX/XXXX ; XXXX : dates not fully specified but including collection placement on XX/XX/XXXX and XX/XX/XXXX ). Specifically : * Inaccurate Delinquency Reporting : The account is reported as 180 days late without any progression of prior delinquencies ( e.g., no 30, 60, 90, or 120 days late statuses ). This skips required reporting steps and constitutes an inaccuracy under FCRA 1681e ( b ), which requires consumer reporting agencies ( CRAs ) to follow reasonable procedures to assure maximum possible accuracy of information. Furnishers must also report accurately under XXXX XXXX guidelines, which mandate sequential delinquency reporting to reflect the true payment history. Skipping to 180 days late without intermediate statuses misrepresents the accounts history and violates the furnishers duty under FCRA 1681s-2 ( a ) to provide accurate information. See also FTC Staff Report on XXXX XXXX Compliance ( emphasizing accurate status code sequencing ). 
* Wrong Date of First Delinquency ( DOFD ) : The reported DOFD appears inconsistent or inaccurate across bureaus ( e.g., implied through last active/payment dates like XX/XX/XXXX on XXXX ) XXXX This violates 15 U.S.C. 1681c, which governs the obsolescence of information, as an incorrect DOFD can extend the reporting period unlawfully. Case law supports this : In Seamans v. Temple Univ., 744 F.3d 853 ( 3d Cir. 2014 ), the court held that inaccurate delinquency dates under FCRA warrant deletion if unverifiable. 
* Status Code Violations : The account is coded as Collection/Chargeoff with derogatory status, but without verifiable proof of the underlying delinquency progression. This breaches XXXX XXXX compliance standards, which require furnishers to use accurate status codes ( e.g., Code 93 for collections ). Under FCRA 1681e ( b ), CRAs must ensure accuracy, and furnishers must correct inaccuracies per 1681s-2 ( a ). Violations here include failure to report the furnishers role accurately ( e.g., as original creditor vs. collector ). 
* Uploaded False Data via e-OSCAR : The furnisher has communicated misleading information electronically through XXXX, which constitutes wire fraud under 18 U.S.C. 1343 if done with intent to deceive. This also violates FDCPA 1692e, prohibiting false or misleading representations in debt collection, including credit reporting. 
* Failure to Provide Notice of Negative Information : Pursuant to 15 U.S.C. 1681s-2 ( a ) ( 7 ), furnishers must provide notice to consumers before reporting negative information like delinquencies or late payments. No such notice was provided to me, rendering the reporting invalid. 
* Timing of Payments and Billing Violations : Under 15 U.S.C. 1666b ( Timing of Payments for open-end consumer credit plans ), creditors must mail statements at least 21 days before due dates, treat payments as timely if received by XXXX p.m. on the due date, and maintain reasonable procedures to avoid late fees. Relatedly, 12 CFR 1026.13 ( Regulation Z ) addresses billing error resolution, and 15 U.S.C. 1637 ( a ) requires clear disclosures. The reported late payments violate these if no proof of timely statements or procedures exists. Additionally, 15 U.S.C. 1637b reinforces consumer protections in credit extensions. 
* Lack of Original Documents and Verification : Under Federal Rule of Evidence 1002 ( Best Evidence Rule ), original documents are required for verification. The furnisher has provided no originals to substantiate the late payments, making them unverifiable under FCRA 1681s-2 ( b ). CRAs must delete unverifiable information per 1681i ( a ) ( 5 ). I never received a Method of Verification ( MOV ) as required post-dispute. Case law : In Cushman v. Trans Union Corp., 115 F.3d 220 ( 3d Cir. 1997 ), the court mandated deletion for failure to reasonably investigate.

* Affiliate Communications and Disclosures : Per 15 U.S.C. 1681b ( c ) ( 2 ) ( A ), communications of information among affiliates must be clearly disclosed, with consumers given opt-out opportunities. Any misleading affiliate sharing here violates this.

* General FCRA and FDCPA Violations : The reporting breaches FCRA 1681i ( a ) ( requiring reasonable reinvestigation within 30 days ) and 1681s-2 ( b ) ( furnisher duties to investigate and correct ). FDCPA 1692g requires validation of debts upon request, which was not provided. Willful noncompliance entitles me to actual damages, statutory damages up to {$1000.00} per violation, punitive damages, and attorney fees under FCRA 1681n. See Safeco Ins. Co. v. XXXX, XXXX XXXX XXXX ( XXXX ) ( defining willfulness ). 
Demands XXXX. Permanent Deletion : Conduct a real, manual investigation under FCRA 1681i ( a ), reviewing all submitted dispute information. Delete the entire account if any part is unverifiable within 30 days. Provide written confirmation of deletion.

2. Compensation : I demand {$5000.00} in compensation for damages from inaccurate reporting, including emotional distress and financial harm. This is reasonable under FCRA 1681o ( negligent noncompliance ) and 1681n ( willful ). Failure to pay may lead to a lawsuit in federal court.

3. Cease and Desist : Immediately cease all debt collection activities and communications via phone, internet, email, regular mail, or credit reporting under FDCPA 1692c ( c ). Do not report this account further without full verification. 
XXXX. Proof Requirements : Provide original documents proving all reported information, including payment history, DOFD, and delinquency progression. No automated e-OSCAR verification sufficesdemand originals from the furnisher. 
If you fail to comply, I will pursue all remedies, including filing complaints with the Consumer Financial Protection Bureau ( CFPB ), Federal Trade Commission ( FTC ), and initiating litigation. Retain all records related to this account, as they may be subpoenaed. 
Sincerely,

Company response to consumer: Closed with explanation