Consumer complaint received 2025-07-18 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: EQUIFAX, INC.
State: WA

Complaint narrative:
Submitted by : private and on record Date : XX/XX/XXXX Re : XXXX XXXX XXXX XXXX 's multiple Federal and state law violations Against : XXXX XXXX XXXX XXXX ( XXXX  ) Loan : Auto Loan Ending in XXXX Collateral : XXXX XXXX XXXX XXXX  Summary of Complaint : I respectfully submit this formal claim with verifiable new evidence provided and request for reinvestigation and am filing a new claim against XXXX XXXX XXXX XXXX XXXX XXXX ) regarding their deceptive XX/XX/XXXX response to the CFPB. I respectfully request that the Consumer Financial Protection Bureau take immediate action to demand full deletion of this tradeline from all my consumer credit reports. as it can not be resolved by mere updates or corrections. If this does not provide a resolution I will escalate this matter for further legal action My complaint was closed without a solution caused by XXXX 's refusal to provide me with all requested loan documentation up until I filed the complaint ; verification emails are attached as evidence. Their response contains numerous falsehoods, omissions, and deceptive statements that contradict XXXX own records and the statement itself; violating their duty to report information with maximum possible accuracy and violating several state and federal laws. 
The long term damage caused by XXXX false and conflicting credit reporting, misapplied payments, improper repossession, and deceptive servicing practices along with multiple, ongoing, and irreparable violations of the Fair Credit Reporting Act ( FCRA ), Washington State consumer protection laws, and CFPB reporting standards warrant a full investigation of XXXX 's lending practices ( especially within the state of WA ) and a full deletion resolution with monetary compensation. 

-- The tradeline is not only factually inaccurate, but also misleading and incomplete as defined under 15 U.S. Code 1681s-2 and numerous other violations as follows with evidence attached; XXXX XXXX XXXX XXXX XXXX STATEMENT TO THE CFPB REGARDING ADMITTED SKIP PAYMENT TO THE LOAN ( misapplied ) To the best of my knowledge and based on all records and receipts, I did not request or authorize a skip payment for XX/XX/XXXX. I made payment that month and an overpayment the previous month. Despite this, XXXX improperly applied a skip payment to XXXX. 

At the time, I was told by a XXXX representative that I qualified for a skip payment as a reward for 12 months of on-time payments, and I accepted that reward for XX/XX/XXXX. I planned my finances accordingly and made no payment in XXXX trusting the skip was valid and applied as promised, otherwise I would have. 

Instead, XXXX recently silently moved the skip to XXXX in their new modified billing history they submitted to the CFPBwhere it was not needed or requestedand reported XXXX as 30 days late. This deceptive shift in servicing created a false delinquency timeline that caused progressive credit damage into XXXX, even though I made timely payments throughout. 

This servicing error, coupled with the misrepresentation of the skip policy, constitutes a deceptive and harmful practice in violation of the Fair Credit Reporting Act and CFPB consumer protection standards. 

This false delinquency must not only be correctedit is further evidence that the entire tradeline is compromised and must be deleted. 


Legal & Regulatory Implications 1. Violation of FCRA 1681s-2 ( a ) and ( b ) : They reported a late payment for XX/XX/XXXX that was verbally contractually skipped, Misrepresented XX/XX/XXXX as skipped ( which I didnt request ) as timely combined payments were made This creates a false delinquency timeline. 


XXXX. Deceptive and Unfair Servicing CFPB UDAAP Standard Presenting a skip payment as a reward, then applying it in a different month without notice, is deceptive. 

It violates reasonable expectations and causes harm via negative credit reporting. 

XXXX XXXX XXXX XXXX 'S FALSIFIED STATEMENT TO THE CFPB REGARDING ADMITTED WAIVED FEES ( hidden in payment structure ) XXXX XXXX own response to the CFPB dated XX/XX/XXXX, falsely claims that late fees were waived. However, their updated billing history they submitted to the CFPB contradicts this claim. One example being, my XX/XX/XXXX payment of {$420.00}, which is verifiable by XXXX 's own original documents and my own receipt as I have provided, was incorrectly applied as {$390.00} in their updated new billing statement. This manufactured a {$29.00} shortfall that was then used to justify a fraudulent late fee and delinquency snowball effect. 

This misapplication of payments repeats throughout their entire billing history. 

That late fee was not waived as claimed, nor were barely anythey were buried in the adjusted misapplied payments within XXXX manipulated new billing statements where they remain listed. 

The mismatch between the actual payments, their online account history, and the altered ledger proves XXXX  knowingly furnished inaccurate information, in direct violation of : FCRA 1681s-2 ( a ) ( 1 ) ( A ) : Furnishing information known or believed to be inaccurate ; FCRA 1681s-2 ( b ) : Failing to correct disputed information after receiving evidence ; FCRA 1681e ( b ) : Failing to maintain maximum possible accuracy ; CFPB UDAAP rules : Misrepresenting fees and falsifying servicing records to cover unlawful charges. 


This deliberate misrepresentation, both to me and to the CFPB, undermines XXXX credibility as a furnisher of credit data. Their refusal to correct or even acknowledge the misapplied payments further supports my request for complete deletion of this tradeline from all consumer credit reports. 

XXXX XXXX XXXX XXXXXXXX XXXX STATEMENT TO THE CFPB REGARDING LATE FEES WAIVED AS COURTESY ( incorrect and irrelevant as they violated Federal laws ) I have submitted verifiable documentations which clearly show that payments were made in full, on time, and consecutively throughout the entire loan. The records support that the late fees waived were not as a courtesy as XXXX falsely claims in their statement to the CFPB but rather confirms continuous billing errors and technical difficulties that were systematically applied by XXXX invalidly ; adding that XXXX representatives misled me to believe the account was delinquent. These records prove that the loan was never legitimately delinquent. Instead, XXXX misapplication of on-time automatic payments, improper reclassification of valid overpayments, double, extra payments and false reporting of a skip payment without my request triggered continued artificial fees and delinquencies. 

These false delinquencies were then perpetuated through manipulated billing histories and concealed late fees, allowing XXXX to inflate the loan balance, deny hardship relief, and obscure the true account status to justify wrongful repossession and continued damage to my credit profile. 

XXXX XXXX XXXX XXXX 'S STATEMENT TO THE CFPB REGARDING DENIAL OF HARDSHIP RELIEF ( offered then denied, misrepresented with account actually being current ) XXXX XXXX XXXX XXXX contradictory statement to the CFPB claims they offer hardship relief and are committed to helping members in distress. However, this assertion is contradicted by my experience and their own admittance in that same statement of denying that they offered me any. In reality they caused hardship on top of one as the account was not delinquent. After being misled into believing my loan was in defaultdue to XXXX own misapplied payments, altered billing history, wrongful delinquency reporting and technical difficultiesI was indeed offered hardship assistance by representatives, including a bump payment plan in XX/XX/XXXX. Under duress, I agreed to this catch-up payment arrangement, which allowed for three consecutive payments to reset the loan and move any deficiency to the end of the term and applied for hardship thereafter in XXXX as XXXX continued billing manipulation, even refusing full {$1200.00} bump payment. 

-These agreements and conversations between me and XXXX representatives can surely be confirmed via XXXX 's monitored and recorded phone records. 

My original complaint statement to the CFPB asserting that I indeed make every attempt to make payments on time and that XXXX XXXX XXXX XXXX ( XXXX  ) rather intentionally or due to technical difficulties prevented me from doing so. Adding that I had automatic payments set up that can be seen clearly posted in XX/XX/XXXX ( my first bump payment ) XXXX automatic payment missing regardless of receipt and a denied {$1200.00} offer to pay off bump payment plan in full as I was not locked out of my account at that time ; as they constantly blocked and unblocked my account unnecessarily. 

Despite this, XXXX falsely claims they have no record of placing me on any hardship or bump payment plan or was eligible for such accommodations, when their own assertion of loan delinquency contradicts their statement. 

These actions constitute a deceptive and unfair practice in violation of the Consumer Financial Protection Act ( 12 U.S.C. 5531 ) prohibiting UDAAP ( Unfair, Deceptive, or Abusive Acts or Practices ), and violate the Equal Credit Opportunity Act ( 15 U.S.C. 1691 ) for failure to acknowledge and process a valid hardship application. 

My documented payments, receipts, and timeline show the loan was never truly delinquentfurther proving that XXXX denied me any meaningful relief whatsoever while manipulating the loan status to justify wrongful collection, loan inflation and repossession of the vehicle. 


XXXX XXXX XXXX XXXX XXXX STATEMENT TO THE CFPB REGARDING APPLIED PRORATED GAP INSURANCE REFUND ( missing ) In XXXX XXXX XXXX XXXX XX/XX/XXXX response to the CFPB, they falsely claimed that a prorated Guaranteed Asset Protection ( GAP ) insurance refund was properly credited back to the loan account. However, after review of their new modified billing history they submitted to the CFPBshows no such credit applied at any point. This omission contradicts their written representation and deprives me of funds I am rightfully owed. 

The failure to issue or apply the GAP refund constitutes a deceptive act in violation of the Consumer Financial Protection Act ( 12 U.S.C. 5531 ), the Truth in Lending Act ( 15 U.S.C. 1601 et seq. ) due to the misrepresentation of account balances. Under Washington State law, this also violates the Consumer Protection Act ( XXXX XXXX XXXX  by engaging in unfair or deceptive practices in trade or commerce. 

The GAP refund is a contractual right triggered by loan termination or vehicle loss, and its absence from both the loan payoff calculation and billing records indicates intentional concealment to inflate the remaining balance owed.

Re-emphasizing that all of this deception combined verifies the fact that the account can not be merely just corrected but rather it needs to be fully deleted off of all my Consumer Credit files. 

XXXX XXXX XXXX XXXX 'S STATEMENT WITH DOCUMENT SUBMITTED TO THE CFPB REGARDING WRONGFULLY CHARGED CPI ( Illegal use of expired insurance ) In XX/XX/XXXX, as XXXX XXXX XXXX XXXX ( XXXX  ) was preparing to wrongfully repossess the vehicle, they improperly added a XXXX XXXX XXXX ( XXXX ) charge to intentionally inflate the loan. I never received notice until I was finally provided with all the documentation that I had been continuously denied until provoked by my CFPB complaint. They cite a long-expired XXXX XXXX policy they provided to the CFPB as evidence as justification to apply this unnecessary charge to the loan in XXXX. I maintained valid auto insurance coverage throughout the entire loan with XXXX listed as the lien holder, and no lawful basis existed for this retroactive charge. The XXXX assessment was used to artificially inflate the balance of the loan further and falsely justify default status. 

This action constitutes an unfair, deceptive, and abusive act or practice ( UDAAP ) in violation of the Consumer Financial Protection Act ( 12 U.S.C. 5531 ), as well as a violation of the Truth in Lending Act ( 15 U.S.C. 1666 et seq. ) for misrepresenting the loan balance and terms. Under Washington State law, it further violates the Consumer Protection Act ( XXXX XXXX ) for deceptive conduct and improper debt servicing. 

-The use of XXXX expired documentation to justify inflated charges in 2023without notice or valid legal basisis clear evidence of bad faith and predatory servicing behavior. 

XXXX XXXX XXXX XXXX 'S STATEMENT AND DOCUMENT TO THE CFPB REGARDING INTENT TO SELL LETTER AFTER REPOSSESSION PRIVATE SALE VS. DAA PUBLIC AUCTION AND SURPLUS APPLIED WITH FALSE SALE REPRESENTATION, UNDISCLOSED AFFILIATE TRANSACTION, AND UNLAWFUL NOTICE PLUS LACK THEREOF VIOLATIONS XXXX XXXX XXXX XXXX ( XXXX  ) falsely represented in its XX/XX/XXXX response to the Consumer Financial Protection Bureau that the repossessed XXXX XXXX XXXX XXXX was sold at a public auction for {$3500.00} applying surplus of {$2000.00} in accordance with applicable laws. This claim is demonstrably false based on the official title history, vehicle resale records and vehicle history reports. 

Records Indicate Direct Title Transfer to CarStars For Resale No Auction Appears to Have Occurred The vehicle history report clearly shows only one title transfer after repossession : directly to XXXX XXXX XXXX XXXX XXXX, a dealership located in Washington State. There is no record of the vehicle being processed through XXXX XXXX public auction, and no intermediary auction buyer appears on any record or title. This directly contradicts XXXX claim that an auction sale occurred. 

Additionally, CarStars is a known affiliate of XXXX, publicly listed as a partner dealership in the PenFed Car Buying Service Experience, enabling them to buy and sell vehicles through PenFeds retail programs. This affiliation raises serious concerns about conflict of interest, commercial reasonableness, and truthful disclosure of proceeds under the Uniform Commercial Code and state law. 

Concealment of XXXX XXXX XXXXXXXX XXXX XXXX listed the vehicle for {$10000.00}, and based on average dealer markup rates ( 10 % 35 % ), XXXX likely received between {$8000.00} and {$9900.00} for the resale. However, only {$2000.00} was credited to the loan balance ; {$6000.00} {$7900.00} in vehicle proceeds are unaccounted for, in direct violation of : XXXX XXXX ( Application of Proceeds ) RCW XXXX ( Required Explanation of Deficiency ) Truth in Lending Act ( TILA, 15 U.S.C. 1638 ) UDAAP provisions under Dodd-Frank ( 12 U.S.C. 5531 ) The failure to provide a complete post-sale explanation showing gross sale price, expenses, and net credit to the account constitutes both unfair and deceptive conduct and a material omission of fact ; as the PAR partners and asset recovery sales recap statement is more than likely misleading and equally recognized as non-compliant. 

Invalid and Misleading Notice of Intent to Sell The Notice of Intent to Sell Property XXXX  claims to have issued on XX/XX/XXXX was both procedurally and substantively defective : It failed to disclose the true method of intended sale ( auction vs. private sale ) as it was seemingly already set to go to auction according to XXXX 's submitted document, yet states private sale. 

It did not identify the location, date, or time which must be listed on the NOI to be legally compliant and if truly sold at auction denied consumer the opportunity to bid in direct violation of law It misstated the timeline, did not explain the borrower 's right to redeem or reinstate, and omitted required disclosures under XXXX XXXX and XXXX. 

This renders the notice legally invalid and the repossession and sale unlawful. 

- Additionally, XXXX claims they sold the vehicle in a commercially reasonable legal manner based on the vehicle 's condition yet all documents I am providing ; even their own they submitted clearly prove otherwise. The vehicle had been thoroughly maintained with recent maintenance, new brakes and a thorough complete inspection, XXXX records, inspection report, vehicle history report and XXXX selling the vehicle at XXXX XXXX XXXX value of {$10000.00} after repossession support this. 

The resale of the repossessed vehicle was conducted in a commercially unreasonable manner, violating UCC 9-610 and Washington 's XXXX XXXX. The vehicle was sold significantly below fair market value, with no transparency, raising concerns of bad faith and unfair surplus distribution. 

XXXX XXXX XXXX XXXX 'S STATEMENT TO THE CFPB REGARDING DENYING MY REQUESTS FOR ALL LOAN INFORMATION AND DEBT RESOLUTION ( deceptive statements ) XXXX XXXX XXXX XXXX falsely claimed in their XX/XX/XXXX CFPB response that I had not requested any loan documents prior to XX/XX/XXXX. This is undeniably false as I have provided emails proving otherwise. I made multiple detailed requests for my full account history, fee breakdowns, repossession records, GAP documentation, and 'bump payment ' terms as early as XX/XX/XXXX and was continuously denied. 

The XX/XX/XXXX email from XXXX XXXX XXXX recovery specialist I have included as evidence, clearly acknowledges my request for a settlement offer, and confirms that it was refused, not merely ignored. Thats direct evidence that XXXX 's statement to the CFPB is false and deceptive. 

XXXX falsely claimed in its XX/XX/XXXX response to the CFPB that I was given the opportunity to make payment arrangements or resolve the alleged balance. This is directly contradicted by documented evidence that I have provided. 

On XX/XX/XXXX, XXXX XXXX, Recovery Specialist at XXXX, responded to my inquiry and explicitly acknowledged my request regarding a settlement offer. His written response stated that the account had been assigned to a third-party collection agency as XXXX XXXX and that I would need to speak with them instead. In other words, XXXX rejected my settlement offer outright and denied me the ability to resolve the matter directly with them. 

Then, on XX/XX/XXXX, I followed up with another email to XXXX XXXX XXXX  recovery specialist, urgently reiterating my denial of my request for full documentation of the loan, including : My payment history ; GAP and insurance records ; The sale amount of the repossessed vehicle ; A full loan ledger with all fees and balances. 


I also restated my concern that without this information, I was being blocked from resolving the issue, and explicitly raised potential legal violations under the Fair Credit Reporting Act ( FCRA ). In response, XXXX XXXX XXXX recovery specialist again refused to provide the requested documents, stating I would have to go through XXXX XXXX a third-party debt collector. 

XXXX effectively shut me out of the resolution process while continuing to report negative tradelines on my credit report. 

Despite my written attempt to settle the debt and resolve the matter in good faith, XXXX  : Refused to accept payment or negotiate a resolution ; Denied me access to my account records and legal disclosures ; Misrepresented this entire sequence of events in their CFPB response, stating that I never made any such requests prior to XX/XX/XXXX. 


These actions are not only deceptive, but also constitute : A violation of the FCRA for inaccurate reporting and failure to provide supporting documentation ; A violation of the XXXX under XXXX standards for obstructive and unfair practices ; A violation of the Fair Debt Collection Practices Act ( FDCPA ) by misleading a consumer and interfering with the ability to resolve a debt ; A violation of Washington State consumer protection laws, including XXXX XXXX and XXXX XXXX, by refusing to negotiate and denying access to essential loan information. 


I respectfully request that the CFPB include this critical evidence of XXXX false statement, refusal to negotiate, and intentional obstruction of payment resolution in the reinvestigation of this case. 

XXXX XXXX XXXX XXXX 'S STATEMENT TO THE CFPB REGARDING TRANSFER OF DEBT TO XXXX XXXX ( Statement Regarding False Representation of Debt Ownership and Deceptive Blocking of Resolution ) In XXXX XX/XX/XXXX response to the CFPB, they falsely stated that the account was assigned to a collection agency ( XXXX XXXX ) in XX/XX/XXXX and implied they were no longer responsible for account resolution. This is factually and provably false. 

I am submitting direct written proof that contradicts this claim. On XX/XX/XXXX, XXXX  Recovery Specialist XXXX XXXX emailed me stating : XXXX The account was recalled back from XXXX XXXX and is now solely in house within XXXX. 

This email confirms that XXXX had full control over the account at the time they denied my settlement offer and refused to provide documentation. Their claim to the CFPB that I needed to resolve the matter through XXXX XXXX was knowingly false and appears to have been made to evade responsibility, delay resolution, and continue furnishing derogatory credit data while obstructing my ability to dispute or pay the debt. 

This conduct violates multiple federal and state consumer protection laws, including : 15 U.S.C. 1681s-2 of the FCRA, which prohibits furnishing inaccurate information to credit bureaus ; 15 U.S.C. 1692e of the FDCPA, which bars false, deceptive, or misleading representations in connection with debt collection ; 12 U.S.C. 5531 of the CFPA, under which this conduct qualifies as a deceptive and abusive act or practice ( UDAAP ) ; And likely RCW XXXX of the Washington Consumer Protection Act, which prohibits unfair methods of competition and deceptive acts in the conduct of trade or commerce. 


By falsely shifting responsibility to a third-party collector that no longer had control of the account, XXXX intentionally blocked my legal right to dispute, resolve, or verify the debtand then misled a federal agency about it. 

I respectfully ask that the CFPB review this email and hold XXXX accountable for knowingly providing false and deceptive information in response to a federal investigation. 

XXXX XXXX XXXX XXXX XXXX XXXX XXXX AND FCRA VIOLATIONS XXXX  has continued to report this loan as charged-off with a large deficiency balance to national credit bureaus, including Equifax and XXXX. Because the reported balance does not reflect the full resale value of the vehicle, nor any GAP or CPI refunds that XXXX  falsely claimed were issued, the credit reporting is inaccurate and incomplete, in violation of : Fair Credit Reporting Act ( 15 U.S.C. 1681s-2 ( b ) ) Duty to investigate and correct disputed information Duty to furnish complete and accurate information Summary of Federal and State Law Violations Committed by XXXX  : XXXX XXXX Failure to conduct sale in a commercially reasonable manner XXXX XXXX & XXXX Deficient and misleading Notice of Sale XXXX XXXX Failure to apply full proceeds from resale RCW XXXX Failure to provide required deficiency explanation TILA ( 15 U.S.C. 1638 ) Misrepresentation of post-default finance terms UDAAP ( 12 U.S.C. 5531 ) Unfair and deceptive conduct in debt collection and resale FCRA ( 15 U.S.C. 1681s-2 ) Inaccurate tradeline reporting, failure to correct disputed data Requested Relief and Enforcement Recap I respectfully request the following remedies : XXXX. Full deletion of the tradeline from all consumer reporting agencies. 


XXXX. Reimbursement or cancellation of any alleged deficiency balance, including misapplied fees. 


3. Regulatory enforcement for the numerous violations outlined above. 


XXXX. Formal investigation into XXXX repossession and resale practices, including its relationship with affiliated dealerships and their failure to follow state and federal law. 

XXXX. Resolution of my claims with a final and possible monetary compensation for me

Company response to consumer: Closed with explanation