Consumer complaint received 2025-04-14 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: MA

Complaint narrative:
I am filing a formal complaint and dispute against XXXX XXXX XXXX XXXX for inaccurately reporting a repossession and charge-off account under my name : Creditor : XXXX XXXX XXXX XXXX Account XXXX : XXXX Alleged Balance : {$13000.00} Status : Repossession / Charge-Off Reporting Bureaus : XXXX, Equifax, XXXX XXXX dispute this tradeline as inaccurate, incomplete, and unlawful under both federal and Massachusetts state laws. Specifically, XXXX XXXX XXXX failed to follow required repossession and post-sale procedures as mandated by law. 

Violations of Massachusetts XXXX XXXX XXXX : XXXX XXXX. XXXX XXXX XXXX & XXXX, a creditor must : Provide a written Right to Cure Notice giving the consumer XXXX days to bring the account current before repossession. 

Provide a Post-Repossession Notice disclosing intent to sell the vehicle and an accounting of sale proceeds. 

Waive any deficiency balance if these notices are not properly delivered. 

XXXX never sent these notices, which invalidates any right to collect or report a deficiency balance. Courts in Massachusetts have consistently held that failure to provide these notices voids the creditors ability to recover a deficiency or report a valid balance ( see XXXX XXXX XXXX XXXX XXXX XXXX, XXXXXXXX XXXX. XXXX, XXXX ( XXXX ) ). 

Violations of the Uniform Commercial Code ( UCC ) : XXXX also violated XXXX XXXX, which mandates that creditors provide a post-sale explanation of : Sale method and date, Application of sale proceeds to the balance, Statement of deficiency or surplus. 

I was never provided a XXXX explanation of the sale or how the alleged balance of {$13000.00} was calculated, making this reporting incomplete, inaccurate, and legally defective. 

Violations of the Fair Credit Reporting Act ( FCRA ) : Under FCRA XXXX ( b ), furnishers like XXXX must : Report only accurate, complete, and verifiable information, Investigate and correct errors after receiving consumer disputes. 

Despite my prior attempts, XXXX failed to validate the tradeline with any supporting documentation. There are also reporting inconsistencies across bureaus regarding dates, balances, and payment activity post-charge-off clear FCRA violations. 

Failure to Issue XXXX Form ( Cancellation of Debt ) : If a debt is canceled or forgiven ( which a charge-off may imply ), IRS regulations and XXXX XXXXXXXX XXXX XXXXXXXX require the furnisher to issue a Form XXXX. I never received this, further questioning the validity of the charge-off. 
Supporting Case Law and Federal Precedent : XXXX XXXX XXXX XXXX XXXX XXXX, XXXX Mass. XXXX ( XXXX ) Failure to comply with repossession notice requirements voids deficiency claims. 

XXXX XXXXXXXX XXXX  XXXX XXXX, XXXXXXXX XXXX. XXXX ( XXXX. XXXX XXXX. XXXX ) Creditors that fail to provide proper XXXX notices lose the right to report or collect. 

XXXX XXXX XXXXXXXX XXXX XXXX XXXX, XXXX XXXX XXXX. XXXX XXXX ( XXXX XXXX. XXXX ) Inaccurate credit reporting constitutes FCRA violations. 

XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX Cir. XXXX ) Credit bureaus and furnishers have an affirmative duty to thoroughly investigate disputes. 

XXXX  XXXX XXXX XXXX, XXXX XXXX XXXX. XXXX ( XXXX XXXX. XXXX ) Failure to correct known inaccuracies is a willful violation of FCRA.

Company response to consumer: Closed with non-monetary relief