Consumer complaint received 2025-02-26 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account status incorrect
Company: EQUIFAX, INC.
State: CA

Complaint narrative:
Subject : Formal Complaint Regarding XXXX XXXX  Loan Handling and Credit Reporting To Whom It May Concern, In XX/XX/XXXX, I contacted XXXXXXXX XXXX  to inform them that I had been laid off and would be filing for XXXX XXXX bankruptcy. I was in the process of filing and officially submitted my XXXX  XXXX petition on XX/XX/XXXX. 

Following my conversation with XXXX, in which I disclosed my intent to file for bankruptcy, she escalated a repossession within minutes of our call ending. I was not notified of this action. The vehicle was subsequently released back to me due to my XXXX  XXXX filing. During the bankruptcy proceedings, XXXXXXXX XXXX sought to collect fees related to the repossession, amounting to nearly {$2000.00}, in addition to the approximately {$7000.00} balance remaining on the loan. 

On XX/XX/XXXX, I requested the dismissal of my XXXX XXXXXXXX case in order to refile with legal representation. On XX/XX/XXXX, XXXX from XXXX Bank contacted me and demanded either the voluntary surrender of the vehicle or a payment of {$3500.00}, followed by monthly payments of {$330.00}. I agreed to these terms. 

On Monday, XX/XX/XXXX, I attempted to contact XXXX at the number provided to make the payment and left a message. On XX/XX/XXXX, XXXX informed me that she had already ordered a repossession. She stated that to halt the repossession, I needed to immediately pay the {$3500.00}. After consulting my attorney, I was advised to request written confirmation of this agreement. However, XXXXXXXX XXXX only provided a receipt of payment and refused to document the agreement in writing. 

Immediately after making the payment, I received an email notification from Experian stating that my account had been charged off, despite the balance reflecting the amount I had just paid. I contacted XXXXXXXX XXXX to dispute the charge-off status, as the loan had been included in my bankruptcy. XXXXXXXX XXXX representatives argued that because the bankruptcy case had been dismissed, the charge-off was valid. I inquired why I was not informed of this beforehand and was given inconsistent and misleading responses. 

I am highly concerned that I am making payments on a vehicle loan that XXXXXXXX XXXX  has misreported as charged off. Additionally, the handling of this matter has been unprofessional, unethical, and in bad faith. XXXX Bank has transferred my loan to a different department to collect payments outside the standard loan structure. Furthermore, I am still being charged the additional fees from the initial repossession attempt. 

Potential Consumer Law Violations : Fair Credit Reporting Act ( FCRA ) ( 15 U.S.C. 1681 et seq. ) - XXXXXXXX XXXX  may be violating the FCRA by inaccurately reporting my loan as charged off despite ongoing payments. 

Fair Debt Collection Practices Act ( FDCPA ) ( 15 U.S.C. 1692 et seq. ) - The bank 's misleading statements and lack of transparency in loan collection may constitute unfair or deceptive practices.

Truth in Lending Act ( TILA ) ( 15 U.S.C. 1601 et seq. ) - Failure to provide proper disclosures regarding the charge-off status and repayment terms may be a violation of TILA.

Unfair, Deceptive, or Abusive Acts or Practices ( UDAAP ) ( 12 U.S.C. 5531 et seq. ) - XXXXXXXX XXXX XXXX handling of this loan, including the improper escalation of repossession and misinformation, could be considered an abusive financial practice under XXXX. 

Point of Contact : XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX, XXXX XXXX, CA XXXX : ( XXXX ) XXXX | Toll-Free : ( XXXX ) XXXX : XXXX I formally request that my account be reported accurately as " Paid as Agreed '' or removed from all credit reports immediately. Failure to correct this misreporting may result in further legal action.

Company response to consumer: Closed with explanation