{"took":232,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":39,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"4384036","_score":13.994925,"_source":{"product":"Payday loan, title loan, or personal loan","complaint_what_happened":"Banco Popular sent me and I received it by regular mail, another Personal Loan Offer with an offer code number, number XXXX, included, valid until XX/XX/XXXX. \nIs an excellent offer, just like the one I need, in order to keep paying my previous Credit Union Consolidation Loan, which was denied precisely by Banco Popular XXXX XXXX last XX/XX/XXXX, no matter all the evidence I submitted through Bank Officer Mrs. XXXX XXXX at their XXXX XXXX, and no matter I asked for a smaller amount of just {$5000.00} in order to consolidate a high a previous high interest loan with XXXX XXXX XXXX from the year XXXX, which had a high interest of 34.95 %. The advantage it had was number one, I qualified for it at this XXXXXXXX XXXX subsidiary without any co-applicant, and number two, it allowed me to fully update a previous loan with XXXX XXXX XXXX XXXX, which was sold by XXXX XXXX precisely to XXXXXXXX XXXX. Because XXXX XXXX never updated my credit report at the 3 credit bureaus, this XXXX Loan is still reported as charged off, paid after collection, and profit loss, no matter all that is not true according to the evidence, which reached Banco Popular before XX/XX/XXXX through their Officer Mrs./Miss XXXX XXXX XXXX XXXX decided not to report my loan with them was fully updated back in XX/XX/XXXX, after I kept constant contact with the Bank, received approved payment extensions from XXXX, Paid twice the accumulated late charges directly and only to XXXX XXXX XXXX and re-started regular monthly payments back in XX/XX/XXXX, until it was fully updated in XX/XX/XXXX. This is against the Fair Credit Reporting Act and the Fair Debt Collection Practices Act, 2 Federal Laws, and it is still under investigation, now by another Federal Agency which investigates what is called White Collar Crimes, see evidence included showing the dates. A similar story I had with my XXXX XXXX XXXXXXXX XXXX XXXX, which ended as part of Banco Popular no matter my specific JeXXXX XXXX XXXX XXXX might not be part of this Banco Popular credit card purchase which I will not include here again to focus on this issue only. As I wrote, this excellent new loan offer from Banco Popular for a new Personal Loan, could allow ne to pay for the Body and Paint required repairs, due to rust in the trunk, as well as other body repairs, 2 recent estimates included, and also to consolidate my previous loan with XXXX XXXX XXXX already 6 months paid in advance, instead of trying to force a new car loan which will negatively affect my Amount of Debt, one of the main criteria for credit approval or denial. My excellent XXXX XXXX XXXX is still offering excellent service after XXXX miles since new bought by my Father Rest In Peace through XXXX XXXX until He successfully paid his loan in full to Banco Popular many years ago. This complaint is because I will simply not be approved if I take the risk for another credit inquiry authorized by me through Banco Popular and their officer XXXX XXXX, no matter I need it, because I also have another job and source of income until an ongoing problem with my main job is solved, because I had to file another charge of discrimination, this time, Retaliation, against my main employer the local XXXX XXXX XXXXXXXX here in XXXX XXXX. See evidence of the complaint included. No matter I sill have the current Employment Certification from the XXXXXXXX XXXX XXXXXXXX, Banco Popular has my direct deposit with my main employer as well as with the second, which is XXXXXXXX XXXX, a division of XXXX, and the local XXXXXXXX XXXX XXXXXXXX is just paying me a little more than {$72.00} dollars in the 2 previous months, without re-activating me for any teacher work, not even online. See evidence included. Banco Popular could apply to me, what the evidence I have shows, and a former Senior Bank Officer who was in charge of credit approvals and denials at main banks like XXXX and XXXX, even around the world, explains in the article he wrote and I included, 6 reasons you can be rejected with an excellent credit score. Last year on XX/XX/XXXX, Banco Popular changed to a more strict in some aspects credit scoring formula model called F.I.C.O. Score XXXX based on XXXX XXXX data, and simply my credit score was just XXXX points, instead of above XXXX points just like with the credit score model used by XXXX XXXX XXXX called F.I.C.O. XXXX  based on XXXX XXXX. Even with a more friendly score model, this XXXX or XXXX XXXX asked for co-debtor, who was no other than my Mother, XXXX XXXX. If my credit report was reported correctly, and the Bank officers considered the verifiable evidence included directly to them, there is no need for me to apply with my Mother as co-debtor or co-applicant. Evidence included shows, as up today, XXXX XXXX free XXXX XXXX mentioned and explained by MrXXXX XXXX XXXX, the former Senior bank Officer of the article mentioned, this XXXXXXXX XXXX shows no matter is at XXXX points in XXXX XXXX, well above XXXX points, that Banco Popular will apply what XXXX XXXX explains is a Fatal Cutoff Policy due to the negative NO MATTER INCORRECT, XXXX XXXX XXXX reports about my accounts like they did last XX/XX/XXXX, evidence included here and received through the C.F.P.B. which will make me disqualified once again. No matter this excellent offer I received which will exactly address my current need, just like also XXXXXXXX XXXX Offer received just days later with a loan offer code, the fact is I will be denied, and there is nothing I can do by visiting XXXX XXXX again and explaining this to her again. She has no power to make or change the Bank 's Fatal Cutoff Policy applied to me, no matter the evidence shows is incorrect because XXXX XXXX  reports about my 2 accounts, are incorrect, as well as the XXXX XXXX reports showing the same with one of my original credit accounts :","date_sent_to_company":"2021-05-17T20:05:03.000Z","issue":"Getting the loan","sub_product":"Installment loan","zip_code":"00949","tags":null,"has_narrative":true,"complaint_id":"4384036","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"BANCO POPULAR DE PUERTO RICO","date_received":"2021-05-17T18:08:49.000Z","state":"PR","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["Banco Popular could <em>apply</em> to me, <em>what</em> the evidence I have shows, and a former Senior Bank Officer who was in <em>charge</em> of credit approvals and denials at main banks like XXXX and XXXX, even around the world, explains in the article he wrote and I included, 6 <em>reasons</em> you can be rejected with an excellent credit score. Last year on XX/XX/XXXX, Banco Popular changed to a more strict in some aspects credit scoring formula model called F.I.C.O."]},"sort":[13.994925,"4384036"]},{"_index":"complaint-public-v1","_id":"5790424","_score":12.513874,"_source":{"product":"Checking or savings account","complaint_what_happened":"On XX/XX/XXXX someone broke into my car and stole my sander, about {$1.00} in change that was in my cupholder, a XXXX  gift card with {$18.00} remaining balance, a prepaid card that belongs to me, and my XXXX which was signed into my XXXX and contained all kinds of personal information, passwords, my apps, my photos, financial info, etc. To make matters worse there was also XXXX unauthorized transactions that were processed on my checking account with Chime Bank XXXX XXXX ) totaling {$6500.00} all within a 3 hour and 39 minute time span. I have listed the time, date, and amount of each transaction below. \n\nXX/XX/XXXX at XXXX - {$1000.00} XXXX XXXX  XX/XX/XXXX at XXXX - {$1000.00} XXXX XXXX  XX/XX/XXXX at XXXX - {$1000.00} XXXX XXXX XXXXXX/XX/XXXX at XXXX - {$1000.00} XXXX XXXX XXXXXX/XX/XXXX at XXXX - {$1000.00} XXXX XXXX XX/XX/XXXX at XXXX - {$1000.00} XXXX XXXX XXXXXX/XX/XXXX at XXXX - {$500.00} XXXX XXXX  After discovering these transactions and seeing my checking account balance on my Chime app the same day on XX/XX/XXXX the very first thing I did was cancel my debit card and reported it as stolen. After that I called Chime to tell them what happened and report these unauthorized transactions. The Chime rep told me since the transactions just happened earlier that morning I would need to wait until the transactions were no longer pending and were settled and then I would need to dispute them from my Chime app. I kept an eye on them and on XX/XX/XXXX all of the transactions settled and the funds debited from my account. I created a dispute, but the chime app would only allow me to include XXXX transactions, so I selected XXXX of them and called chime to dispute the remaining transactions. Rather than making this all the same dispute, for some reason the transactions were split and submitted in XXXX separate disputes which I have outlined below. \n\nDispute XXXX - filed through the chime app XX/XX/XXXX then {$4000.00} provisional credit was applied to my account on XX/XX/XXXX and then dispute was denied XX/XX/XXXX. XXXX credit was reversed on XXXX. Please see page 1 of the attached documents which is a copy of the email Chime sent me to let me know that they declined the dispute and will be reversing the provisional credit. \n\nI am furious with the outcome of this dispute for many reasons but the first one is that Chime did not adhere to Regulation E requirements in this dispute. Regulation E states Upon debiting a provisionally credited amount, the financial institution must notify the consumer of the date and amount of the debit and of the fact that the financial institution will honor ( without charge ) checks, drafts, or similar paper instruments payable to third parties and preauthorized debits for five business days after transmittal of the notice. The financial institution need honor only items that it would have paid if the provisionally credited funds had not been debited. Upon request from the consumer, the financial institution must promptly mail or deliver to the consumer copies of documents upon which it relied in making its determination ( 12 CFR 1005.11 ( d ) ( 2 ) ). As you can see on page 1 of the attached documents Chime did not tell me that it would honor those payments, instead they told me to make sure I have enough money in my account to pay back the credits and I also need to have enough money to pay for any other possible charges that are going to go to my account. \n\nI requested the documents containing the info that Chime relied on in their investigation on XX/XX/XXXX and they were not emailed to me until XX/XX/XXXX. I have attached the document and it is going to be page 2 in the attachments. \n- Chime stated that no PII or PIN changes during disputed time frame and no indication of phone compromise. My phone was with me safe the whole time but as I already have stated my ipad was stolen that contained all sorts of info, pictures, my icloud account and all my passwords, etc. As far as I know, the statement about no PIN changes is correct but that would only apply to point of sale transactions. Regulation E 12 CFR 1005.9 states that the electronic terminal receipts should include the type of transfer which Chime did not include, and the location of the terminal which Chime did not include. The type of transaction is vital to show if the PIN was even used or not. If this was not a point of sale transaction then I highly doubt that a PIN was needed, I have never personally had to enter my PIN except for point of sale purchases. If chime would have followed Regulation E then this would not need to be questioned. \n-The second reason Chime listed is because there was no hallmarks of account take over. That is true, I was able to log into my account and cancel my card but I am unsure why they are using that to justify denying my claim for unauthorized charges that were made on my debit card. \n- The third reason Chime listed is because they say the dollar amount of the disputed transaction is normal for my account. That is absolutely false. I have had my Chime account since XXXX and not one single time have I ever spent thousands of dollars back to back to back like what was done. There was {$6500.00} spent in 3 and a half hours, multiple transactions of {$1000.00} that are just a matter of minutes apart from each other and I have NEVER spent that much money that fast at the same place over and over. Chime gave an example of a single transaction I made a few days prior for {$3000.00} to XXXXXXXX and they are claiming that since I made that transaction it proves I authotized the charges in the disputte which is a ridiculous accusation with no valid reasoning behind it. \n- The fourth reason Chime listed is the disputed merchant is normal for me. Then they state there is an attached list of the transactions however they did not include any such list with prior transactions. So I will include them, please see page XXXX in the attachments. As you can see the transactions to this merchant that I did authorize are much much smaller, a lot of them are less than {$100.00}. If you compare that to the charges that were disputed they were clearly not normal spending behavior for me so again that is a false statement made only to deny my dispute. \n- The fifth reason Chime states is that the type of transaction is normal. They say I made a card not present transaction previously and use the same example from earlier where I added {$3000.00} to my XXXX XXXX. Chime says it is safe to assume that since I have made a card not present transaction in the past that the disputed transactions must be me because they are card not present transactions as well. That is complete nonsense, Im pretty sure everyone has made a card not present transaction at least once and it has nothing to do with the transactions in this dispute I dont understand why me adding money to my own XXXX XXXX multiple days before the disputed transactions happened would be considered as valid evidence that chime can use to deny my dispute. \n- The sixth reason Chime gives is because there is minimal denial codes found during the disputed timeframe, there was no attempts to exhaust the account including no insufficient funds errors code XXXX, no pin errors code XXXX, and no attempts to charge a reported stolen card code XX/XX/XXXX Ok first off when they say minimal denial codes that means there was in fact denial codes but they do not disclose how many. That is a subjective statement and this is a dispute for over 80 % of all the money I had to my name. I will not accept that for an answer. I want facts and real numbers. Definitive statements not subjective. Second, they say no attempts to exhaust the account and that is a flat out lie please see page XXXX of the attached documents which is an email from Chime during the disputed timeframe where Chime says that my card was declined because it has reached the allowed spending limit! The person who was charging those transactions absolutely did try to drain the account and that proves it. They spent as much as they possibly could and here Chime is claiming the complete opposite and using it as evidence they relied on to deny the dispute. There was no insufficient funds codes because my spending limit was reached and there was still a little bit of money in my account so obviously there will be no insufficient funds codes???? There was no pin error codes because it was card not present transactions according to what they just said in their fifth reason for denying my dispute and you dont need your pin number except on point of sale transactions that is completely irrelevant!! There were no attempts to charge a stolen card because they had already successfully drained it. Then I cancelled the card as soon as I discovered what had happened. I dont know what else I can do, its obvious that Chime is not here to help me. This has got to be illegal, how can they just lie like this when it is something that is so important? \n-The last reason they listed is there was a transaction adding funds at XXXX so they say that means I had control of my account and was aware of the transactions. That transaction they are talking about is from a money transfer that I had requested on XX/XX/XXXX and it got deposited on XX/XX/XXXX after the transactions in dispute. That deposit has absolutely nothing to do with the disputed transactions and I had no control of the timing it went into my account. \n\n\nDispute XXXX - filed by phone at XXXX on XX/XX/XXXX and denied less than 9 hours later at XXXX on XX/XX/XXXX. I requested to be sent the documents used for making the decision on XX/XX/XXXX and Chime sent it to me on XX/XX/XXXX. I have attached a copy of the document in the included pdf, it is going to be page XXXX of the attached documents. \n-Chime says the first reason that they denied my dispute is because I told them I had possession of my card during the time these transactions were taking place. That would be a valid reason if these were point of sale transactions where my physical card was swiped but thats not the case so Im not sure why they are relying on that info to deny my claim. \n-Chime says the account was funded intermittently XXXX times throughout the disputed timeframe. Please see page 6 of the attached documents which shows my transactions for the account and you can see that is another incorrect statement made by Chime. As I mentioned previously, I received a visa money transfer at XXXX on XX/XX/XXXX but that was requested a day prior and I had no control over when that payment would post to my account. Chime states there is also a second transaction where I funded my account during the disputed timeframe, but as you can see there is not a second transaction where funds were added during the disputed timeframe. That is yet another false statement made by Chime which they relied on to deny my dispute. This is not how a financial institution should be carrying out investigations.","date_sent_to_company":"2022-07-20T18:30:13.000Z","issue":"Problem with a lender or other company charging your account","sub_product":"Checking account","zip_code":"48842","tags":null,"has_narrative":true,"complaint_id":"5790424","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Chime Financial Inc","date_received":"2022-07-20T18:15:21.000Z","state":"MI","company_public_response":null,"sub_issue":"Transaction was not authorized"},"highlight":{"complaint_what_happened":["There was no pin error codes because it was card not present transactions according to <em>what</em> they just said in their fifth <em>reason</em> for denying my dispute and you dont need your pin number except on point of sale transactions that is completely irrelevant!! There were no attempts to <em>charge</em> a stolen card because they had already <em>successfully</em> drained it. Then I cancelled the card as soon as I discovered <em>what</em> had happened. I dont know <em>what</em> else I can do, its obvious that Chime is not here to help me."]},"sort":[12.513874,"5790424"]},{"_index":"complaint-public-v1","_id":"7212368","_score":11.470932,"_source":{"product":"Debt collection","complaint_what_happened":"OnXX/XX/XXXX I used Best buy Auto payments to pay my bill for XXXX. This was the end of a promotion so I paid off the remaining total XXXX before the due date on XXXX XXXX Best Buy wrote down. I only paid XXXX My bank account reflected that the XXXX left my account on XXXX XXXX. At that time, my Best Buy account statement did not reflect my payment for XXXX  As a matter of fact, they increased my interest rate that months by falsely stating they did not receive my payment to pay off the last month of a promotion. At that time  it was disputed that they were paid. Best Buy citibank credit card services said they would fix the discrepancy. Instead they applied my payment for XXXX to the following month XXXX and kept the high interest rate penalty for not making the end of promotion payment in XXXX. By adding it to XXXX, theyre admitting that I made the payment on time and that the only reason I got charged eith high interest rate is because they falsified my payment History. This is reflected in the statement on XX/XX/XXXXThe exact payment for XXXX is reflected on the XXXX account statement. It is obvious that we called in to fix it immediately after the discrepancy was identified. I could not identify a discrepancy until I received the account statement. \n\nUpon realizing that I was still paying on some thing that should have been paid off a long time ago. I called Best Buy again to figure out why it had not been paid off. XXXX a month for a bill that should be completely paid for by now and after calculating it out, they owe me money. When calling in to resolve the matter, I was informed that they cannot see the records that far back so I had Best Buy snail mail me my records and this is how I discovered that Best Buy never fixed their discrepancy from XX/XX/XXXX which you can see by the XX/XX/XXXXstatement that they were contacted and informed to correct my payment history.  It was their system or their personnel that did not apply the payment correctly. It left my bank on time. I disputed it at that time which is why its reflected on the very next months account statement. After receiving the records, I called Best Buy to make a dispute, but due to them sending me the monthly statements records out of order, I could not quite figure out exactly what was wrong, so I had to call back and make a second dispute after I put the months in chronological order. I was told at that time by the employee which was a male that it would be resolved. I called back in at that time to find out if it was resolved, and I was informed by a female employee that the only way that you can make a dispute is by sending my dispute via mail to My Best Buy Credit Card Services, XXXX XXXX XXXX XXXX XXXX XXXX XXXX. This completely contradicted with a male employee said. I was informed there was no way to email Best Buy and this was the only way to contact them to resolve a dispute they consider to be out of their current date range and accessible on their computers. This is a lie because when I called back 11 business days ago another employee pulled up the records right there on the phone with me after I told them I had already sent in a dispute letter and they hadnt responded pass. The time frame that they said they were going to respond. I mailed them the screenshots from my bank account as requested along with correlating copies of the Best Buy account statements onXX/XX/XXXXI was informed that in 30-90 days I would have a response from Best Buy. I received no response from Best Buy. I called back in and Best Buy claimed they never received the letter at all. On XX/XX/XXXX I spoke to Employee ID Z19058 and was informed that the matter would be resolved in 7 to 10 business days. I called back on the 11th business day today, the XXXX XXXX XXXX, and was informed by XXXX an account verification specialist, that they could only fix the payment for that promotion month in XX/XX/XXXX unless I had disputed it before or on the same month according to the fine print. I did disputed it at that time and Best Buy assured me at that time that it would be resolved and I believed them. \nI made the payment for XX/XX/XXXXon time and then I had to wait for the account statement to find out they claimed they received no end of promotion payment.  IlThere is no way for me to know if Best Buy is going to act like the money didnt show up in their bank account until i recieve their account statement! I had to call them and tell them Oh yes you did get that money and then they were like you are right we did only for them to pay it to the wrong month! Im not talking to kindergartners learning math who  dont know how to read, write, and add Im talking a full grown adults which makes me think they know what theyre doing and its fraud and they are con artists. Unless maybe I was talking to children and they are participating in breaking child labor laws.\n I have spoken to multiple Best Buy employees at this point, and none of them have informed me until now that they could never resolve it and the only thing that they could do was give me XXXX. I have probably paid well over XXXX due to the incorrect high interest penalty for XX/XX/XXXX andXX/XX/XXXX. I didnt do anything wrong as a customer and it is their employees and their company that falsely documented my payment history. And, now they claim they never received the certified mail with proof of that. XXXX  actually tried to tell me to send it again and wait another 30 to 90 days while simultaneously telling me that the only way I couldve gotten it resolved is if I had done it in a certain amount of time. They cant read They cant write. They cant do math. They dont report things in a timely manner and when you contact them, they never respond. They have no brick and mortar building and every time you call you get a different customer service representative. I have spent hours upon hours upon hours trying to resolve this with Best Buy and I have been lied to and misled and punished for their incompetence and gross negligence. Icing in the cake, today, I have now been told there is nothing I can do about it. Its fraudulent, I have paid my bill off and they are trying to keep me in eternal debt to them by falsifying my payment history and then furthermore disregarding all evidence, giving me no way to contact them except for mail in the 21st century, and then, claiming they didnt even receive the mail, but the United States, postal service certified. They did deliver it to their XXXX XXXX which is the only way I can deliver any documentation that I paid them on time. They refuse to accept email because it will be dated and they cannot deny they received it which is why I sent it certified mail.  No matter what I did Best Buy was determined to steal from me, regardless of anything I did as a customer and that is the definition of a confidence scheme or trick to deceive Someone out of their hard earned money. I cant dispute what Best Buy did until the next month when I receive an updated account statement. Regardless of that, I paid on time and anything else they say after that is to trick me out of my money. XXXX  stated that I had to make a dispute the month before or on the same month. I DID dispute it at that time. I made my payment ON TIME and when the dispute was made THEY AGREED at that time and there is no reason a customer should suffer for a companys GROSS NEGLIGENCE or INCOMPETENCE. The only reason I need to make a dispute it because they screwed up! And then, would you look at that, its so common practice for them to screw over their customers that they made a rule for it! Knowing full well theyre tactic is to claim the customer didnt pay and then subsequently never fix it when the customer reports it. They take your money thaf they know they already have and then apply it to the wrong payment period. Because they specifically made a rule for end of promotion payments that prevents customers from paying it off. I paid it off on XX/XX/XXXX and I have been paying for it all the way into XX/XX/XXXX because they refuse to admit I paid it off in XX/XX/XXXX. Its fraud and because Ive been taking so much money they know they XX/XX/XXXX probably well over XX/XX/XXXX \nPenal Code section 487 defines grand theft in California. In California, grand theft consists of stealing money, labor, real property, or personal property with a value exceeding XX/XX/XXXX. Every payment I make Im not supposed to be making because of their fraud increases their penalty. The pictures I attached are of the day I went into the UPS store and painstakingly wrote up what happened and then attached screenshots of my bank account and copies of the account statements for the months I received high interest for payments that were paid on time.  XX/XX/XXXX and XX/XX/XXXX Automatic payments dont work with Best Buy because somehow theyre automatic system randomly acts like you never paid anything or you paid less than what you actually did. Which means they are falsifying their customers payment history on purpose. Each page is numbered. I have a witness at theXX/XX/XXXX who helped me send the letter. I gave the information for my bank over the phone to Best Buy and Best Buy told me I had to send a letter with screenshots to prove that I made those payments. They refused to contact my bank directly. Best Buy claims they received no letter. Again, They can call my bank themselves if they want and get the wire transfer numbers and dates for when I made my payments, but they do not. this was all included in the letter. They put the burden of proof on me and I submitted the burden of proof to them and they claim the US Postal Service never sent it to them. The pictures prove I sent the letter. It proves I went to XXXX The pictures inside that letter prove I made my payments on time. It also proves Best Buy falsified my my payment history and that they intentionally applied the payment to the wrong month so that they could charge me illegally for high interest. I shouldnt have to be writing this, I used Best Buy auto payments, my bank reflects the payment was paid on time, the pictures show I paid and sent certified mail. Proof  I have done everything I can possibly do to resolve this matter, and I have spent gobs of time trying to do just that and the fact that I am typing this out right now goes to show why no one should ever do business with Best Buy or Citibank. I am flabbergasted that the governments solution for accountability of a company falsely changing their customers payment history, considering they pay taxes to the IRS, is that I write this letter for it to be sent to themwhich I already did. I sent it to their Best Buy credit card XXXX XXXX  address in XXXX XXXX Missouri and what I am writing now is nowhere near as comprehensive. The reason they dont call my Bank themselves is because they know they lied about my payment history. They have nothing to gain from proving that a customer paid the payment. They make their money by claiming their customers dont make their payments on time and create irroneous rules to prevent their customers from getting their money back. None of their rules matter all that should matter is that the customer paid on time and they need to apply the payment to when it was paid. I have never seen a company take a payment and apply it to the wrong month. Never! It doesnt matter what company it is if they claim they didnt receive the payment. All Ive ever had to do is provide proof that I did make the payment and then they add the payment to the correct month because that was the month that had the discrepancy. It is a logical for me to make two payments on the next month and never have the payment I made for the correct month ever be applied to it. They are falsifying my payment history and then stonewalling me when I ask them to stop lying and pay it to the correct month and remove the penalty for high interest for missing that month payment. I never missed XXXX XXXX months payment I paid on time. It was their responsibility to document My payment. They had no problems proving I had made the payment when they were confronted about it. There is no reason for them to apply it to the wrong month except that is how they illegally charge their customers high interest for a missed payment, even though they made the payment on time. When I disputed this, there is no reason the high interest should not have been removed and the payment applied to the correct months unless they are making money off of fraud victims. XXXX informed me today that this illegal fraudulent business practice is so common that they made a rule for it. A rule to intentionally trick and con customers that DO PAY ON TIME out of their money. Best Buy intentionally miss led me by telling me that if I paid my bills on time I would not be hit with high interest. What they did not tell me is that they would falsify my payment history. I did not sign a contract agreeing to them falsifying my payment history. I did not sign a contract agreeing to them denying me any right to redress or to protect myself from their fraud. Five major rights of consumers: safety, information, choice, voice, and redress. Best Buy misled me as a customer. I have done everything right and I still cant get my money back from Best Buy. They withheld information from me. They lied to me. They have given me no way to redress them for my own safety. They have victimized me and probably countless others via false advertising. I paid on time. I have no control over what Best Buy does with my payment after I pay. And I should not be made to be penalized for what they do after I pay them because I do not run Best Buy and I am not responsible for Best Buy. I am the customer and I did my part as the customer. The bank did their part in the US Postal Service did their part. And so far all I can get from Best Buy is we lost it. we didnt receive it. You never did it. We gave you an incredibly small window to address us after we finally told you about it and because of this were gonna keep taking your money. We know you didnt do anything wrong but we operate illegally through fraud and thats how we steal everybodys money. I didnt walk into a casino. I walked into Best Buy. The casino tells you youre gonna lose your money and the casino customer knows the risks. I walked into a department store and I bought some products with a Best Buy debit card from Citibank. I made my payments on time. I did nothing illegal. I did not lie. I made my payments on time. I was told if I made my payments on time I could get a XXXX XXXXnterest or a low interest loan. This is what Best Buy advertised. It is false advertising if customers make the payments they dont accept the payments and still charge you high interest. I made the payment. The bank says I made the payment on time. But somehow Best Buy can lie and write down on mud Best Buy account statement that for some reason they just didnt receive that payment for well over XXXX. Who wants to do business with a company that loses a payment for over XXXX? They did not accept my payment for XXXX XXXX and falsely claimed I didnt make a payment at all. That is not what I agreed to when I signed up for Best Buy business card I did not agree to business fraud. I agreed that if I missed a payment, then they could charge me high interest. I did not agree to be charged high interest for false reasons or false claims that they were a legal practicing business. Do they also falsely claim how much money they make to the IRS? If theyre lying to their customers and theyre lying about what other businesses are doing like the US Postal Service and my bank then theyre probably lying to the IRS because as a tax paying citizen, I know theyre stealing my money.  I know theyre not above changing their accounting books to benefit them while screwing everybody else over. Unlawful business practices: \n This unlawful business practice may also occur if a party makes a misrepresentation during the formation of the contract that benefits the breaching party.\n Consumer fraud is an unlawful business practice that involves using unfair or deceptive tactics to illegally lure consumers into purchasing a product or service. This type of fraud can include false advertising, pyramid schemes, and/or bait and switch. A bait and switch occurs when a customer is lured into purchasing a product or service that is no longer available and is offered an alternative product or service instead. Financial Fraud is listed among unlawful business practices.\n\n There are all kinds of unlawful business practices and win a customer like me paid extra money, pays on time, calls, and makes the dispute, and follows every single guideline a company offers, and they still cant receive their money back well it makes you wonder how many unlawful business practices does Best Buy and Citibank have and how are they allowed to be operating because as a loyal customer for well over eight years what they are doing to me right now makes no sense because the company that wants to keep their customers doesnt treat their customers like this unless it was always there intention to learn a customer in on false advertising, misrepresent the contract, falsify financial records of payment from their customers, and raise the interest so high that customers become life long slaves to their companies by forcing their customers into debt by illegal methods. I pay XXXX  a month for products I have already paid for and Im about to sell because they are that old. Im no longer gonna have the products I bought from Best Buy and theyre still going to try to charge me for them unless I give them even more money. Its Debt bondage, also known as debt slavery, bonded labour, or peonage, is the pledge of a person's services as security for the repayment for a debt or other obligation. Where the terms of the repayment are not clearly or reasonably stated, the person who holds the debt has thus some control over the laborer, whose freedom depends on the undefined debt repayment.[1] The services required to repay the debt may be undefined, and the services' duration may be undefined, thus allowing the person supposedly owed the debt to demand services indefinitely.[2] Debt bondage can be passed on from generation to generation. I was told if I made my payments on time I could pay off my debt. I was not told that they would falsify my payments to where I could never pay off my debt. These are unlawful and unfair business practices when a person like me cant pay them off because they change the rules and my payment history to keep me from ever paying them off. Its illegal. Its fraud. Its mondern day debt bondage. On top of that they have hit my credit report making these false claims negating me the opportunity to have a better credit rating, stopping me from having access to opportunities. I should be afforded for having a good credit rating which I would have if they would stop committing fraud. I needed to buy a better car and I cant afford the car I want because I have Best Buy falsifying my payment history and ruining my credit. They are ruining my life for no reason. Ive done everything right and because I did business with a Best Buy they have ruined my credit, my life opportunities, and quite frankly stated today theres nothing I can do about it because they cant confirm or deny that charging customers who paid on time, insanely high interest, for not paying is FRAUD! I served my country and I am suffering tyranny from a freaking department store in a credit card company!!!!! They wont let me go free unless I give them even more money for the falsified interest they put on my bill. I would have to actually pay the insanely high interest off all at once in order to get out from under them. I didnt do anything wrong and I dont deserve this. Fun fact, they can falsify my payment history again and keep charging me high interest until the day I die because theres no accountability for them. I would have to get a lawyer. Thats even more money. I should not have to spend my hard earned money  I earned from serving my freaking country and putting my life on the line to pay off a god dang appliance from a department store!!!!!! Every hour I spend on this is them stealing another hour of my life. They should not be able to operate in the US. They should lose their business license. This is an attack on liberty and the American dream. Its on unAmerican. Its a antiAmerican. Its organized crime and they should go to jail. No one should ever be made to be a Debt slave for years because the company doesnt want to admit they were already paid off. The fact that they falsify their customers payment history should be enough to close down their businesses. We have modern technology and computers dont lie. They just compute. If the bank said, I paid then it should be reflected in Best Buys bank. And if its not, the only thing I should have to do with the customer is show them I paid, and they wont even let me do that. They wont let me send in the records. They wont admit they received the mail. But, theyll take my money I paid in XXXX and apply it to the XXXXXXXX They change the rules to benefit them and screw over the customer. Theyre trying to keep their business practices in the stone ages by forcing people to mail. It is obvious everything they are doing is to avoid accountability from their customers for illegal business practices. This is America, the land of the free. How in the hell is this crap happening in XXXX?\n\nPS. I have been dealing with this for three years. I have been disputing this for XXXX years. I have a lot of other things going on in my life besides Best Buys in ability to do their own job. If Best Buy or Citibank cannot run their companies or operate their businesses in force their customers to do all the work for them then perhaps they need to close the businesses down. It is exhausting fighting a company for three years to correct a single payment and the following year on the same exact date its discrepancy. They take extra payments. They take my payments every month, but they managed to lose my payment on the month when they know they can get an obscene amount of interest if I dont pay. I feel violated, frustrated, and a whole list of other negative emotions, because of the gaslighting I have received from Best Buy credit card services. You pay they claim you didnt pay. You sending mail they claim you did not send in mail. You want to provide proof they will not let you provide proof. Denial is their favorite word so they can get that plausible deniability. They can claim all day they didnt know. But they do know and the bank knows as does the US Postal Service and I know.  I do not have this problem with any of the other companies that I deal with on a daily basis. I am tired, and I have just spent hours trying to write this in a way to where it would convey how unbelievably ridiculously stupid my situation is with Best Buy credit services. I gave up time. I should be spending with my family and my loved ones. I had to neglect other responsibilities in my life to give my undivided attention to the company, responsible for ruining my life. If there are typing errors it is because it has negatively impacted me in such a way that Im left, speechless, or unable to respond in a comprehensive sentence, because the magnitude of the level of incompetence or greed, it would take to do this is Jaw dropping, and it leaves me unable to find words. This is the kind of behavior I expect from a snotty middle schooler trying to change the rules in a game of monopoly to win. But, this from a well-established company? In America? With brick and mortar buildings all across America, giving off the impression that it is a successful and legitimate business? Using child is tactics like lying to run their business? How were they ever allowed to run a business in the first place? Its depressing thinking about it. How does a company like this exist? Ive been a customer for well over eight years and why have they not been stopped from doing this already?","date_sent_to_company":"2023-07-07T04:11:22.000Z","issue":"Attempts to collect debt not owed","sub_product":"Credit card debt","zip_code":"49855","tags":"Servicemember","has_narrative":true,"complaint_id":"7212368","timely":"Yes","company_response":"Closed with monetary relief","submitted_via":"Web","company":"CITIBANK, N.A.","date_received":"2023-07-07T03:34:06.000Z","state":"MI","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Debt was paid"},"highlight":{"complaint_what_happened":["None of their rules <em>matter</em> all that should <em>matter</em> is that the customer paid on time and they need to <em>apply</em> the payment to when it was paid. I have never seen a company take a payment and <em>apply</em> it to the wrong month. Never! It doesnt <em>matter</em> <em>what</em> company it is if they claim they didnt receive the payment. All Ive ever had to do is provide proof that I did make the payment and then they add the payment to the correct month because that was the month that had the discrepancy."]},"sort":[11.470932,"7212368"]},{"_index":"complaint-public-v1","_id":"17979424","_score":10.515648,"_source":{"product":"Checking or savings account","complaint_what_happened":"To whom it may concern, I would like to file a formal dispute regarding three fraudulent XXXX XXXX withdrawals that were made without my knowledge or authorization. For context, an unauthorized individual gained access to my device and sent XXXX XXXX funds to themselves using my phone. I did not approve, initiate, or knowingly permit these transfers under any circumstance. \n\nOn XX/XX/year>, XXXX XXXX XXXX transactions totaling {$4000.00} were initiated from my device, and posted the following Monday, depleting almost all current funds ( Attachment XXXX ). These transfers were sent to an individual with the number XXXX ( XXXX ) XXXX ( Attachment XXXX ), who I do not recognize, but have since identified through my own investigation. \n\nI discovered the unauthorized activity the night it occurred upon leaving the bar and grill in which I had attended with a few friends. I immediately called Frost ( Attachment 3 ), and was provisioned the {$4000.00} ( Attachment 4 ) as well as had my card canceled. I will note, that one of the friends mentioned also had funds stolen by this individual and has since filed a complaint with you, the CFPB ( # XXXX ). Furthermore, I have provided support corroborating this individual also tried to send funds via XXXX XXXX from my friend 's account, but was successfully flagged by his bank ( Attachment XXXX ). Upon our own investigation we were able to determine a name of the individual linked to the number provided above. I was able to confirm with XXXX of the employees at the bar and grill that this individual was in fact present the night the funds were stolen from both my friend and I. Upon this confirmation, I reached out directly to said individual via XXXX where an admission was made indicating \" [ he ] didn't do anything to intentionally hurt anyone '' ( Attachment XXXX ). \n\nI am certain these withdrawals were fraudulent for the following reasons : I was not using my phone at the time the transfers were initiated ; I did not interact with XXXX Cash or confirm any payments the day in which these transactions occurred ; the recipient is unknown to me and I have no legitimate reason to send them funds; and my historical transaction activity shows no pattern of sending funds in this manner or for these large amounts. \n\nI also would like to bring attention to Frost Bank 's handling of these unauthorized transactions. Frost Bank did not notify, contact, or alert me in any way about these suspicious withdrawals, despite the fact that the XXXX XXXX transfers were inconsistent with my account history and took place in a manner that should have triggered a fraud alert ( a minute apart from each other ) ( Attachment XXXX ). I only discovered the withdrawals because I self-identified the unauthorized charges while reviewing my account. Furthermore, I requested written documentation supporting my card was canceled immediately after I reported the fraud, and Frost Bank has refused to provide this documentation ( Attachment XXXX ), leaving me without essential evidence demonstrating proper account security actions. Their lack of transparency and failure to follow standard fraud-monitoring and customer-notification practices have further complicated my efforts to resolve this matter. \n\nMy understanding is that Frost opened an investigation upon my initial contact ( XX/XX/year> ), however were unable to come to a conclusion of fraud occurring and therefore clawed the funds back on XX/XX/year> ( Attachment XXXX ), hence me prioritizing this appeal. Upon my personal research, I found XXXX XXXX is issued by XXXX XXXX XXXX a regulated financial institution subject to the Electronic Fund Transfer Act and Regulation E, which limits consumer liability for unauthorized electronic transfers when reported promptly. I reported the fraud immediately upon discovery and provided clear evidence that these transfers were unauthorized. I'd also like to note, I was told by Frost personnel that their investigations team had 90 days to come to a conclusion regarding my case. I find it odd the claw-back from my account came on day XXXX with what appears to be very canned responses as to their investigation conclusions. This coupled with the refusal to provide requested documentation raises concerns regarding whether proper procedures were followed. This lack of cooperation is materially impairing my ability to resolve the unauthorized XXXX XXXX withdrawals, with the resources available to me, and ideally should be taken into consideration. \n\nI will also note, I have since filed a police report to not only add gravity to my allegations, but also to establish an official legal record of identity theft and financial fraud to support my position that these transactions were not authorized by me under any circumstance ( Attachment 10 ). \n\nI conclude by asking for your assistance to ensure XXXXXXXX XXXX  properly apply federal protections and complete a thorough, good-faith investigation, as I have taken the steps outlined herein, and upon the claw-back of these funds, have not received adequate resolution given the unfortunate circumstance.","date_sent_to_company":"2025-11-20T16:03:02.000Z","issue":"Managing an account","sub_product":"Checking account","zip_code":"752XX","tags":null,"has_narrative":true,"complaint_id":"17979424","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CULLEN/FROST BANKERS, INC.","date_received":"2025-11-20T15:39:18.000Z","state":"TX","company_public_response":null,"sub_issue":"Problem using a debit or ATM card"},"highlight":{"complaint_what_happened":["I am certain these withdrawals were fraudulent for the following <em>reasons</em> : I was not using my phone at the time the transfers were initiated ; I did not interact with XXXX Cash or confirm any payments the day in which these transactions occurred ; the recipient is unknown to me and I have no legitimate <em>reason</em> to send them funds; and my historical transaction activity shows no pattern of sending funds in this manner or for these large amounts."]},"sort":[10.515648,"17979424"]},{"_index":"complaint-public-v1","_id":"3461610","_score":9.38726,"_source":{"product":"Debt collection","complaint_what_happened":"XX/XX/XXXX\n\nXXXX XXXX\nXXXX XXXX\nXXXX XXXX, Il XXXX\n\nXXXX XXXX XXXX XXXX XXXX XXXX  XXXX\nXXXX XXXX XXXX XXXX\nXXXX XXXX XXXX XXXX\nXXXX, IL XXXX\nhttp://XXXX\n\nAttention: Claims\n\nSubject: XXXX XXXX: Request to Retract XXXX Additional Fees\n\nOn XX/XX/XXXX, at XXXX XXXX I had XXXX as scheduled at the hospital below:\n\nXXXX Hospital\nXXXX XXXX XXXX XXXX XXXX\nXXXX, Il XXXX\nPhone:(XXXX) XXXX\nRe: Patient Account XXXX\nDr. XXXX XXXX XXXX, XXXX \nXXXX\nXXXX XXXX XXXX\n\n\nOn the day of the procedure before being admitted, the cashier informed me that I would have to pay $XXXX as a co-payment.  Being that I had gone through the preparation process, but startled of the charge, I agreed to proceed and accepted the payment plan that consisted of $XXXX per month. Payments were paid as agreed on a monthly basis. See Attachment A Patient Account XXXX, XXXX Payment Plan.\n\nI am now in receipt of collection letter from CMRE (collection agency representing XXXX Hospital) demanding an additional payment of $XXXX for the same XXXX procedure conducted on XX/XX/XXXX. CMRE Account #: XXXX. See Attachment B.  The initial letters from XXXX stated that my insurance said I was responsible for the additional charge.\n\nMy insurance under the Affordable Care Act’s website, https://XXXX, was with  XXXX XXXX XXXX XXXX Plan (XXXX).  During the time of the XXXX the XXXX Plan was as follows:\n\nXXXX XXXX XXXX XXXX XXXX Coverage ended XX/XX/XXXX\nXXXX   \nCoverage dates XX/XX/XXXX - XX/XX/XXXX  \n\nIf I had been informed at the time of my appointment that additional fees beyond the $XXXX would be required, I would have cancelled the appointment as my income at that time and subsequently could not accommodate such additional fees.  I was not employed but XXXX and receiving social security benefits. Any additional amounts would have caused a financial hardship.  Given that I was not given the opportunity to make that financial decision, the additional charge of $XXXX should be retracted.  Also based on my research, the fee should not have been incurred for the following additional reasons:\n1)\tAccording to the Affordable Care Act, preventive screening* XXXX  are to be covered free with no co-insurance or co-payment under the Affordable Care Act. \n2)\tCDC supports screening for XXXX  (XXXX  as recommended by the U.S. Preventive Services Task Force because XXXX  XXXX  almost always develops from XXXX  XXXX  (XXXX  XXXX) in the XXXX  or XXXX. Screening tests can find XXXX  XXXX, so they can be removed before they turn into XXXX.\n3)\tIn 2004 the IRS specified that screening XXXX  was a preventive service eligible for first-dollar coverage under these plans and specifically noted that the “removal of XXXX  during a diagnostic  XXXX  is preventive care.”\n4)\tProvider coding practices and insurance claims processing systems don’t use consistent methods to identify procedures for which cost-sharing should be waived. As a result, insurers have not consistently applied the new ACA preventive care benefit to screening XXXX  if a XXXX  is removed, if the procedure follows a positive FOBT, or if a person is at increased risk for such reasons as a family history. \n5)\tIn response to the ACA’s new preventive services requirement, the XXXX XXXX XXXX, which maintains the CPT coding system, developed CPT modifier “XXXX” to indicate when a procedure is initiated as a preventive service. Modifier XXXX  can be added to the procedure code; so for a patient who sought a screening XXXX  that resulted in XXXX  XXXX, the service would be coded as XXXX. The doctor’s payment is increased when the XXXX  is removed to reflect the added work, but modifier XXXX  signals the insurance claims processing system to waive the deductible or other cost-sharing that might otherwise apply to the procedure. \n6)\tProvider coding practices and insurance claims processing systems don’t use consistent methods to identify procedures for which cost-sharing should be waived. As a result, insurers have not consistently applied the new ACA preventive care benefit to screening XXXX  if a XXXX  is XXXX, if the procedure follows a positive XXXX, or if a person is at increased risk for such reasons as a family history. \n\nSUMMARY\n•\tXXXX  are covered by insurance — with no copay, thanks to the Affordable Care Act — when the main purpose of the test is to screen for XXXX  in a person  who is at average risk for XXXX. Private insurance should cover the procedure, called a screening XXXX, in full even if a XXXX  is XXXX, according to XXXX XXXX, a XXXX  fellow at XXXX XXXX and policy expert for the XXXX XXXX XXXX, which issues guidelines for XXXX. The lab work on the XXXX  should also be covered because it is related to the same episode of care, she said, though some insurers may not follow that.\n•\tWhen the Affordable Care Act mandated coverage for screening XXXX, some patients got caught in a loophole that allowed patients to be billed if a XXXX  were found, turning what had been a screening test into a diagnostic one. The government in 2013 issued  clarification requiring the procedure be covered in full so long as the initial intent was to scan for XXXX  in a patient who is not considered at high risk for XXXX XXXX.\nFrom a prevention perspective, a screening test would not be considered successful if the follow-up XXXX were not performed to identify XXXX  and/or XXXX  XXXX  that may have caused the positive XXXX  in the first place \n\n*Definition of screening – According to medical experts, screening is defined by the population to which a test is applied (i.e., individuals who are asymptomatic), not the findings that result from the test itself.XXXX  In the context of XXXX  XXXX, this definition indicates that “screening” would describe a XXXX  that is routinely performed on an XXXX   person for the purpose of testing for the presence of XXXX  XXXX  or XXXX XXXX. Whether a XXXX  or XXXX  is ultimately found should not change the screening intent of that procedure.\n\nThis definition of screening is widely accepted in the medical and public health arenas, but is not consistently captured as such within the current medical billing and coding system and is not necessarily embraced by all health plans. Several insurers interviewed reported that cost-sharing should be determined by whether patients were asymptomatic at the time they underwent XXXX—i.e., the procedure was for screening – even if a XXXX  was XXXX. Other insurers said while they consider screening XXXX  to be a preventive service regardless of XXXX  XXXX, their claims payment systems apply cost-sharing depending on how providers code the procedure.\n\nMost XXXX  XXXX  result from XXXX  XXXX  (“XXXX  XXXX”) in the XXXX  of the XXXX  that become XXXX  over time. Because most of these XXXX can be identified and removed during a XXXX, in many cases, XXXX  XXXX  is preventable through timely screening. \n\nXXXX XXXX is a routine part of screening taking place in approximately half of screening XXXX  for patients who are at average risk of developing XXXX   XXXX. Of the XXXX  XXXX, about half are XXXX  XXXX, which have the potential to become XXXX. Physicians cannot reliably distinguish XXXX   XXXX  from harmless, XXXX XXXX during XXXX, and so typically remove all XXXX  identified during a screening XXXX.\n\nI hereby request XXXX XXXX XXXX XXXX XXXX XXXX  XXXX \n1)\tTo contact XXXX Hospital to accept the claim and/or recode the service as XXXX   The additional charge of $XXXX for the XXXX services provided on XX/XX/XXXX.  Patient Account XXXX should be rescinded.\n\n2)\tIssue to me a direct and detailed statement stating that the charges have been recoded and accepted by XXXX XXXX XXXX XXXX XXXX  and that XXXX XXXX, XXXX   Hospital Patient Account XXXX has been paid in full and that I am not responsible for any additional fees.  \n\nThis email is addressed to XXXX  in hopes that the matter is addressed directly.  However, the contact entities below have been sent this same correspondence.  All responses to this request should be snail mail to me at the address above or respond to this email at XXXX.  Phone calls are not an option.\n\nCONTACTS:\nXXXX XXXX XXXX XXXX XXXX  XXXX  XXXX\nXXXX XXXX XXXX XXXX\nXXXX XXXX XXXX XXXX\nXXXX, IL  XXXX\nhttp://XXXX\nAttention: XXXX XXXX XXXX, XXXX, XXXX, XXXX, XXXX\nXXXX\n\nXXXX Hospital\nXXXX XXXX XXXX XXXX XXXX\nXXXX, IL XXXX\nXXXX\nXXXX \nPatient Account Services Department\nXXXX Hospital\nToll Free Number: XXXX) XXXX-XXXX\nhttps://XXXX\nXXXX XXXX XXXX\nChief Financial Officer\nXXXX\nXXXX\n\n\nXXXX. XXXX XXXX XXXX, XXXX. \nXXXX\nXXXX XXXX XXXX\n\n\nCMRE Financial Services, Inc. (Collection Agency for XXXX  Hospital)\nXXXX XXXX XXXX XXXX XXXX XXXX\nXXXX, CA  XXXX\nXXXX XXXX XXXX\nwww.XXXX\nXXXX\nCMRE Account #: XXXX\n\nConsumer Financial Protection Bureau\nXXXX XXXX XXXX\nXXXX, IA XXXX\n(XXXX) XXXX-XXXX\nhttps://www.consumerfinance.gov/about-us/contact-us/\n‎info@consumerfinance.gov\n\nSources: \nhttps://XXXX\nhttps://XXXX\nhttps://XXXX\nhttps://XXXX\nhttps://XXXX\nhttps://XXXX\nhttps://XXXX","date_sent_to_company":"2019-12-10T16:13:51.000Z","issue":"Written notification about debt","sub_product":"Medical debt","zip_code":"601XX","tags":null,"has_narrative":true,"complaint_id":"3461610","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CMRE Financial Services, Inc.","date_received":"2019-12-08T00:53:00.000Z","state":"IL","company_public_response":null,"sub_issue":"Didn't receive enough information to verify debt"},"highlight":{"complaint_what_happened":["Patient Account XXXX should be rescinded.\n\n2)\tIssue to me a direct and detailed statement stating that the <em>charges</em> have been recoded and accepted by XXXX XXXX XXXX XXXX XXXX  and that XXXX XXXX, XXXX   Hospital Patient Account XXXX has been paid in full and that I am not responsible for any additional fees.  \n\nThis email is addressed to XXXX  in hopes that the <em>matter</em> is addressed directly.  However, the contact entities below have been <em>sent</em> this same correspondence."]},"sort":[9.38726,"3461610"]},{"_index":"complaint-public-v1","_id":"6917662","_score":9.220165,"_source":{"product":"Checking or savings account","complaint_what_happened":"XX/XX/XXXX Problem repeated XX/XX/XXXX XXXX Print complaint OPEN Submitted STATUS Submitted to the CFPB on XX/XX/XXXX PRODUCT Checking or savings account ISSUE Managing an account We received your complaint. Thank you. \n\nWe will review your complaint. Depending on what we find, we will typically : Send your complaint to the company for a response ; or Send your complaint to another state or federal agency, or help you get in touch with your state or local consumer protection office ; or Let you know if we need more information to continue our work. \nYOUR COMPLAINT When bank didnt cancel the fraudulent duplicate payment criminally processed through my account or through technical error, I called and informed them of such lack of oversight on XX/XX/XXXX. I received a nonsensical approach to the matter that diverted from their normal business practices that requested that I call back once the transaction was done processing after a week. There are different categories of bank accounts and such balances required do not always exceed {$15000.00}. However, in my case, two duplicate charges of {$10000.00} usually causes a phone call or something more extreme, such as cancelling or voiding the transaction, which can also upset me when the transactions are intended. However, in this case they were not and they expected me to simply mask this lack of oversight and support with requesting that I call the lender to request a refund of the duplicate charge. The lender in question is never interested in such since this is not the first time that the lender has received more than two payments exceeding three to four times the minimum amount due. Furthermore, the following messages were also sent to XXXX. -- -- -- -- -- Forwarded message -- -- -- -- -- From : XXXX XXXX XXXX XXXX XXXX Date : Friday, XX/XX/XXXX Subject : Frequency of Cyber-Enabled Financial Crimes Fraud After Filing Reports with CFPB To : XXXX XXXX : XXXX, XXXX Good morning, Bank of America would not dispute the transaction according to normal business conduct, instead they are waiting a week and my concern is that they will not put their response in any type of writing, reflecting past criminal activities where my account was affected in this manner that resembled sting operation training with no basis for prosecution rather than just going through the process in form, and in the meantime ensuring the consequences of such misuse to my account, which would include, rejecting any transactions coming through to my account. Thank you for your attention. Respectfully, XXXX XXXX XXXX XXXX -- -- -- -- -- Forwarded message -- -- -- -- - From : XXXX XXXX XXXX XXXX XXXX Date : Fri, XXXX XXXX, XXXX at XXXX Subject : Re : Your available account balance is low To : XXXX, XXXX Good morning, This message is to report that when I called at approximately XXXX AM PST that Bank of America customer service agaiXXXX misinformed me that the second duplicate Online Bill Payment in the amount of {$10000.00} that was pending on XX/XX/XXXX could not be disputed although it cleared this morning on XX/XX/XXXX. It was communicated to me on XX/XX/XXXX that once the transaction cleared, that it could be disputed. Having XXXX simply refund the amount only looks as if I overpaid any amount due, which would be the case, and would not treat the transaction as a fraudulent transaction or technological error, both produced through Bank of America in their error, including allowing a third party to access online bill pay for such illegal means, while making it difficult to access such online features for myself. This type of activity would not be new to Bank of America, as reported yesterday. -- -- -- -- -- Forwarded message -- -- -- -- - From : XXXX XXXX XXXX XXXX XXXX Date : Thu, XXXX XXXX, XXXX at XXXX Subject : Re : Frequency of Cyber-Enabled Financial Crimes Fraud After Filing Reports with CFPB To : XXXX Cc : XXXX, XXXX Good afternoon, Please see the attached picture of such duplicate transaction created by the fraudulent security project. Again the concern here is moving me to the front of the line for an activity that I would otherwise be selected for at random, and having the ability to do that numerous times. Thank you. Respectfully, XXXX XXXX XXXX XXXX On Thu, XXXX XXXX, XXXX at XXXX Vernica XXXX XXXX XXXX XXXX wrote : Good afternoon, The following incidents were reported to the CFPB, and the fraudulence in such arising security projects, aside from aggressive tactics in other forms, arose right before the third incident, while evidence that such predatory practices of illegitimate purposes were well underway and within the timeline of activities in corresponding services made through the bank and the CFPB after the second incident. At this point, after the lack of success involving the third incident, and other activities associated with my CFPB account that remained unresolved or temporarily, such as the XXXX XXXX case that was overturned and reinvestigated several times or the XXXX XXXX case that did not go anywhere, I do not believe that initiating an additional case with the CFPB will be successful but that this activity, as the FTC states is within the role of such bureau to receive, even if ineffective or damaging to the claimant. The fraudulent security project that took a retaliatory step in including my account for such reason now a fourth time, with the third time being the time that I had to open a new checking account to have my funds transferred from this account, because such fraudulent security projects involved me in their investigation scams and fr [ oze ] my funds outside of any legitimate investigation leading to prosecution, and such has been the case since XXXX, aside from allowing the mismanagement of my information for inspection by XXXX XXXX representatives for inclusion in their advertising and marketing events. I have completely no knowledge. They all come across as legitimate bank errors or security investigations, i.e. when law enforcement seizes funds under a legitimate investigation. However, there is no reason for prosecution, and I have waited for such prosecution and none occurred. ( XXXX ) My current account allowed the [ Dept of Education ] to withdraw a payment not within the terms of my contract that placed it into an overdrawn status without notification that such occurred ; Bank of America and the Department of Education would have records of the transaction that was in dispute around XXXX. ( 2 ) My current account was frozen sometime between XXXX XXXX ; Bank of America would have information on the first seizure ( freezing ) of the account. ( 3 ) At the time my current account had to be closed because the funds were frozen and were allowed to be released into a different bank account ; Even in the case where I was told I needed to transfer to a new bank account, when it came time to dispute the related charges for such recommended activity because the bank could not protect my information, they then spoke in the context that I had freely selected such action outside of the context for the reason of opening such account, i.e. irrespective of the fraudulent temporary seizure of my funds. Bank of America would have records of the seizure affecting my current account and the date the second account was opened ( 4 ) XX/XX/XXXX : The second duplicate bill pay transaction was a product of a technical error that I believe was produced out of malic [ e ] and fraud related to the credit condition that would stand after its payment, and that because such stance would be positive, such error was created to create a delinquent view o [ f my ] finances. When I called the customer service center twice, I was not able to quickly report and process this second transaction, and was juggled not only by the automated answering service, but I also experienced technical errors when speaking to both customer service agents, one in that the first could not hear me and needed each piece of information duplicated and the second stated that she could simply not dispute the second bill pay amount. Bank of America, NXXXX, and XXXX XXXX XXXX, would have information regarding the XX/XX/XXXX transaction in dispute. Technical Errors Affecting Routing of Calling System I received fast busy signals XXXX times when calling the XXXX and was automatically treated like a regular bank account status request call instead of a transaction dispute or security and fraud investigation request. https : XXXX Report fraudulent or suspicious activity Credit card charges Log into Online Banking and follow the instructions. ATM or debit charges XXXX Mortgage accounts XXXX XXXX XXXX XXXX XXXX. ( local time ) Home equity accounts XXXX XXXX XXXX XXXX XXXX. ( local time ) Online Banking XXXX All other XXXX XXXX ( international collect ; cell phone roaming charges may apply ) MonFri XXXX XXXX XXXX ( local time ) XXXX XXXX XXXX XXXX. ( local time ) Spanish XXXX MonFri XXXX XXXX XXXX. ( local time ) XXXX XXXX XXXX XXXX ( local time ) I was offered the following phone number for Online Bill Pay Fraud, XXXX XXXX XXXX, and such number was never disclosed on the Bank of America website, and this may be the number that the first and second customer service agent transferred me to, but I could not connect to a live person to explain my dispute through their transfer, or through calling the numbers associated with Online Bill Pay through either of those means. The second phone number that she provided during the second customer service call was XXXX and such number presented the same prompts as XXXX XXXX XXXX before it attempted to direct me to the general account services phone number voice prompts, and then it did. I could not receive adequate support for this specific issue on the account. I received the same type of general account services support that I would receive for a debit card transaction that did not apply to this transaction, and not one that would go into specific detail about the fraudulent security project that took a retaliatory step in including my account for such reason now a fourth time, with the third time being the time that I had to open a new checking account to have my funds transferred from this account, because such fraudulent security projects involved me in their investigation scams and fr [ oze ] my funds outside of any legitimate investigation leading to prosecution, and such has been the case since XXXX, aside from allowing the mismanagement of my information for inspection by XXXX XXXX representatives for inclusion in their advertising and marketing events. Notice : This message and any attachments may only be intended for the named and/ or addressed recipient ( s ). Its contents ( including any attachments ) may be legally privileged or otherwise protected from disclosure by law, confidential and/or proprietary information about XXXX, or its customers, which XXXX, does not intend to disclose to the public. Unauthorized use, copying, distribution or disclosure of any of it may be unlawful and is strictly prohibited. The owner of this account assumes no responsibility to persons other than the intended named and addressed recipient ( s ), no responsibility to any persons in cases of unsolicited electronic junk or spam messages sent using the address of this account or use of the account without authorization of its owner, and does not accept liability for any errors or omissions which are a result of email transmission. If you have received this message by mistake, please immediately notify the sender by reply email and confirm that the original message and any attachments and copies have been destroyed and deleted from your system. \n\nView full complaint Sent to company STATUS Sent to company on XX/XX/XXXX We've sent your complaint to the company, and we will let you know when they respond. \n\nTheir response should include the steps they took, or will take, to address your complaint. \n\nCompanies generally respond in 15 days. In some cases, the company will let you know their response is in progress and provide a final response in 60 days.","date_sent_to_company":"2023-05-02T17:50:12.000Z","issue":"Managing an account","sub_product":"Checking account","zip_code":"91789","tags":null,"has_narrative":true,"complaint_id":"6917662","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"BANK OF AMERICA, NATIONAL ASSOCIATION","date_received":"2023-05-02T17:46:37.000Z","state":"CA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Banking errors"},"highlight":{"complaint_what_happened":["ATM or debit <em>charges</em> XXXX Mortgage accounts XXXX XXXX XXXX XXXX XXXX. ( local time ) Home equity accounts XXXX XXXX XXXX XXXX XXXX. ( local time ) Online Banking XXXX All other XXXX XXXX ( international collect ; cell phone roaming <em>charges</em> may <em>apply</em> ) MonFri XXXX XXXX XXXX ( local time ) XXXX XXXX XXXX XXXX. ( local time ) Spanish XXXX MonFri XXXX XXXX XXXX. ( local time ) XXXX XXXX XXXX XXXX ( local time ) I was offered the following phone number for Online Bill Pay Fraud, XXXX XXXX XXXX, and such"]},"sort":[9.220165,"6917662"]},{"_index":"complaint-public-v1","_id":"13551319","_score":9.102041,"_source":{"product":"Credit card","complaint_what_happened":"Value City XXXX retail branded Synchrony credit card account was opened, with a failed duty of care to notify of me of Synchronys possessed documentary evidence of fraud linked to the account, causing that while I was deceptively led to believe I was applying for a sole card holder account I was, in fact, unknowingly applying for an already initiated joint-application with another exercising fraudulent intent. \n\nDocumented evidence of this fraudulent intent was only just provided to me XXXX days ago, after nearly a year of Value Citys branded Synchrony account refusal, in repeated breach of its own contract terms, in ongoing wrongful denial of my provision of any and all information having to do with this account. \n\nPerson known to me as the initiator of this perpetuated fraud XXXX XXXX XXXX XXXX FRAUD Please know XXXX XXXX is my daughter who, for reasons not known to me, decided to take unfair advantage of a familial level of trust that, previous to this matter concerning Value Citys retail branded Synchrony card account, I had no cause to reasonably believe, suspect, or ever expect. \n\nPlease see Synchronys letter dated XX/XX/XXXX, addressed as follows : XXXX XXXX XXXX XXXX XXXX \nXXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX It is a credit card denial letter. \n\nPlease note : Reasons for denial : Input address inconsistent with address on file ( albeit overlooking the misspelling of my first name ). \n\nFAILED AND OBVIOUS FRAUD ATTEMPT I posit : This was a failed attempt by XXXX XXXX to fraudulently open an account using my Personal Identifying Information, with her own address, and it being inconsistent with my address on file, her effort failed. \n\nFAILED DUTY OF CARE TO ALERT ME OF FAILED FRAUD ATTEMPT Given that Synchrony chose to send this denial letter addressed to me, to the address of XXXX XXXX admittedly inconsistent with my own address on file, and by Synchronys neglected duty of care to contact me by reasonable means readily at hand and that they knew or should have known at the time, they chose to act otherwise in deliberate prevention of my being made timely aware that a fraudulent attempt to use my credit was underway, such to negligently leave me without cause to reasonably believe, suspect, or expect fraud by my own daughter. \n\nFRAUDULENT DECEIT NEGLIGENTLY ALLOWED TO RUN XXXX XXXX telephoned me requesting that I apply for a Value City retail branded Synchrony card to assist her with a purchase of a couch. I did apply and my application was denied by text message, stating that the reason for denial would be given by mailed letter. \n\nFURTHER DELAYED INFORMATION ALERTING TO FRAUD THAT CAUSED ACTUAL HARM But the for the delayed explanation made by mailed letter, that the reason for denial was because my application was made too soon - after a previous denial of credit that I did not apply for, I would have been alerted to the fraudulent intent and efforts of my daughter. \n\nBut I did not timely receive this information as prevented my being made aware, and instead provided only that I remained unknowing of a cause to reasonably believe, suspect, or expect my daughters taking unfair advantage of our familial relationship of trust with a fraudulent intent. \n\nFRAUD METHOD I contacted XXXX XXXX by text message that my application was denied. \n\nXXXX XXXX contacted me shortly after by phone. She said shed spoken to a Synchrony Value City representative and theyd given her a phone number that I was supposed to call to apply. She explained it was her belief, as a result of her discussion with Synchrony Value City customer service, that some sort of mix-up was the reason my application was denied. \n\nI was not timely informed of the just previous failed attempt by another, being XXXX XXXX, and clearly not by me, to apply for this card, leaving me without timely notified cause to reasonably believe, suspect, or expect my daughters intended fraud, or deceptive lie. \n\nI telephoned the number XXXX XXXX provided and my application was processed and approved. \n\nNEGLIGENCE IN ORCHESTRATED FURTHERANCE OF FRAUD NOTE : At NO time during this phone application process, did I request, nor was I informed, that the application process completed was for a joint and not the sole account as I intended and reasonably believed. \n\nAt no time was I advised that it was a joint application already initiated by XXXXXXXX XXXX  without my knowledge or consent. Had I been so advised, completion of this application process would not have happened. \n\nI was further advised near the end of this phone process, as commonly expected with a sole-owner card account, that I would receive the card and account information by mail within XXXX business days. \n\nI received neither. \n\nThroughout this XXXX of my attempts, following the initial fraudulent attempt by XXXXXXXX XXXX still unknown to me, to apply for a Value City retail branded Synchrony card account, solely in my name, discussion with the Value City/SYNCB customer service representative was completely void of any information that otherwise, would have alerted me to the fact that it was a joint, and not the sole-holder account that I reasonably intended and believed I was applying for. \n\nCAUSED UNDUE HARM In absence of this information necessary to my fully informed decision, I was left without cause to reasonably believe it was anything but an application for an account solely in my name. But for the neglected duty of care owed by Synchrony to fully-inform, the harms caused by this transaction would not have happened. \n\nFIRST NOTICE- NOT A SOLE-HOLDER ACCOUNT When no card or account information was received, I telephoned Synchronys customer service. I was told the card and information had been mailed to the address on the account- which I was told was my daughters address. I was further erroneously advised that the account was created with XXXX XXXX as primary account holder with me as co-signor. \n\nFIRST MITIGATING EFFORTS I emphatically told Synchronys representative that at no time did I ever state, nor intend, nor was I ever advised that my application was as a co-signor. And more importantly, I told Synchronys representative that I never intended nor was I advised that the card and account information would go to my daughters address. And that I was, in fact, told very clearly, that the card and account information would be received by me, at my address. \n\nMIRIGATING EFFORTS IGNORED Numerous phone calls were made in effort to mitigate this fraudulent account. All my efforts were given only conflicting information, and promised actions and provision of information that resulted in nothing more - promises, and not XXXX iota of effective follow-through. \n\nFIRST NOTICE OF NEGATIVE CREDIT IMPACT It was not until I noted a sudden drastic drop in my XXXX XXXX and looked at my credit report, that it was made known to me that the Value City retail branded Synchrony card account is a joint account. Discovered for the first time also, to my great dismay, was the immediate purchase already made that exceeded the {$5500.00} account limit. \n\nCONTINUED MITIGATING EFFORTS I called Synchronys customer service numerous times to alert Synchrony that it was never my intent to apply for a joint account, and that I suspected fraud. My efforts to correct this unmitigated error and my deception with fraudulent intent continued in the same manner as before - to no avail. \n\nADDITIONAL CREDIT TERM BREACHES Promised account information and online access to this account have repeatedly been promised, and denied. Until prompted by complaint to the CFPB, account terms continued to be promised repeatedly, and were negligently never sent, for nearly a year. \n\nPromised online access continues to this day to be denied. Even in my many phone calls to Synchronys customer services, I am often denied information or even discussion about this account, stating they can not identify me as an owner of any capacity on this account. \n\nOTHER MITIGATING EFFORTS Complaint to the XXXX  received Synchrony response stating several mistaken, erroneous, and factually untrue claims. In XXXX call to Synchronys customer services requesting my name be removed from this account, I was told only XXXX XXXX could make that request. \n\nIn Synchronys response through the BBB, it was stated that XXXX XXXX and I share equal authority to make account changes. \n\nIncluded in my reply, but not limited to, was my request for proof that I knowingly requested and signed a joint application with XXXX XXXX. \n\nGiven Synchronys changed position that XXXX XXXX and I share equal authorization to make account changes, I requested my name be removed from this account. \n\nSynchrony Value City gave no further response, nor made any effort to resolve this orchestrated fraud, offered any measure of compromise, or made any attempted corrective action to provide me relief. \n\nSynchrony Value City made no further response, at all. \n\nADDITIONAL EVIDENCED FRAUD Review of my credit report also revealed fraudulent use of another account by XXXX XXXX. Approximately XXXX years previous, Id given her authorized access to buy flooring material, and online account access to facilitate her payments. Her payments were timely and she quickly settled the account. A year later, I received notice that I could renew her authorized access by phone call. Otherwise, it would expire and be terminated. There being no reason to renew it, I did not call and her authorized access expired. \n\nWhen she later attempted purchase as an authorized user, it was denied. On her next attempt, she evidently provided some sufficient amount of my XXXX Identifying Information to enable her unauthorized purchase of more than {$500.00}. Shed also used her entrusted online access to change my account address information to her own address. But for my credit report, as the case is here, I might never have known this fraudulent transaction occurred without my knowledge or consent. \n\nOnly then did I also discover her payment of this other account was delinquent, causing detriment to my XXXX XXXX. To save my credit further added damage from her newly discovered fraudulent acts, I had no choice but to pay it in full. \n\nADDITIONAL MITIGATING EFFORTS FIRST : I put a freeze on my credit with all three XXXX XXXX XXXX. \n\nSECOND : Throughout, my confrontation of XXXX XXXX concerning her fraudulent use of my credit, and deceptively orchestrated joint account set-up in seeming concert with Value City XXXX XXXX Synchrony card account representatives, proved not productive. XXXX XXXX terminated communications and presently, continues to do so. The miles between my state of residence in California, and that of XXXX XXXX in XXXXXXXX XXXX, make potential of person-to-person contact an unreasonable impossibility. \n\nXXXX XXXX XXXX a survivor of the XXXXXXXX XXXX XXXX XXXX disaster that destroyed our entire city and incinerated more than XXXX of our community members alive. I purchased new property and had only just begun development when all at once, to my total surprise, a maintained XXXX XXXX of over XXXX was undermined by fraudulent acts I never had cause to reasonably believe, suspect, or ever expect to take place. \n\nCAUSE But for my daughter taking advantage of a familial relationship of trust, in concert to Synchronys failed duty of care to notify me of information that was known or should have been known by Synchrony, as necessary to my fully-informed credit card decision making, a duty of care that Synchrony Value City owed and knowingly neglected, this troublesome Value City branded Synchrony credit card account transaction would not have happened. \n\nFRAUD INVESTIGATION I received a request from Synchrony for information to facilitate their fraud investigation dated XX/XX/XXXX. It requested information be provided within XXXX days, or by XX/XX/XXXX. \n\nIt arrived the same day as Synchronys letter advising of their investigative conclusion, dated as already made XX/XX/XXXX. \n\nAs shown by their subsequent claimed notice, albeit in an entirely different formatted letter than those previously received by me, Synchrony stated their investigative conclusion is based on : : Purchases were already delivered to my address. \nThat a XXXX party I authorized, or provided my account information to, made the purchases. \n\nNeither of these claimed conclusions are based on any true facts of this matter nor can they possibly, even remotely, be supported by verifiable facts and evidence, as correct or true. \n\nIts entirely probable these erroneous conclusions were reached by Synchronys repeated failure to listen to, correctly make note of, and/or timely act on any of the many, many phone calls I made alerting Synchrony Value City of fraud. \n\nIts further likely a result, in their investigatory effort, that Synchrony provided me exactly XXXX opportunity to provide them information or anything at all. \n\nSynchronys conclusion was already made at the same time my receipt of their request for information was even possible. \n\nXXXX ACCOUNT In XXXX of my many calls to Synchronys customer services, their representative acted to address my many complaints about this fraudulent joint account, and cancelled the card account ending in XXXX. \n\nAnd immediately issued a new one with a new number ending in XXXX apparently, still fully active and useable by XXXX XXXX for future transactions. \n\nAgain, this transpired with promise that I would receive the card and account information within XXXX days. \n\nI did not. \n\nShe also advised I would be provided immediate online access using the new account number. \n\nMy attempt to do so failed. Synchronys XXXX XXXX was also not successful in resolving this dilemma and advised me to call customer service again. \n\nI did so. \n\nThe customer service representative could not identify me as an owner of any capacity on this newly created account, and was unable to assist. \n\nAs has been the case since the fateful date I made a call to apply for a sole-holder account, Synchrony Value City has repeatedly breached its own credit card account terms, while holding me 100 % accountable to terms that until XX/XX/XXXX nearly a year later, Synchrony Value XXXX XXXX XXXX to provide me. \n\nBecause again, as here, the promised card and account information was never sent to me. \n\nIt is unknown what purpose was served by cancelling this accounts credit card ( ending in XXXX ), only to issue a new one under a new number ( ending in XXXX ) in exact replicate of the problematic fraudulence of the first. \n\nWHERE WE ARE While able to recover from the other discovered fraudulent delinquency of XXXXXXXX XXXX against my credit, the constant over-utilized state of this Value City/SYNCB account that Synchrony allows XXXXXXXX XXXX to weigh against my credit, by its minimum payments all but erased by exorbitant interest charges, promises a burden of a longevity already escaped of all reasonableness at and by its very conception in the first place. \n\nPREVIOUS PROVED-FAVORABLE CONSUMER-BUSINESS HISTORY Ive held many retail-branded credit card accounts with Synchrony over the decades, always with a mutually benefitting consumer-business experience, until now. \n\nGiven all that, Synchronys persistence to even entertain only their own long-term benefiting at my on-going undue expense by obvious and unmitigated fraud, takes our better good-faith history stunningly off the rails. \n\nMITIGATING ACTIONS TAKEN TO THE BEST OF MY REASONABLY FACILITATED OPPORTUNITY AND ABILITY Ive taken every measure to address the element of fraud brought too late to my attention. But for that, my better enabled opportunity to head-off Synchronys and my encounter with this never before seen problem with any other retail branded Synchrony credit card account, would not have been prevented. \n\nCONCLUSION It is not Synchronys undeserved forgiveness of my foolhardy indebtedness asked for here. \n\nIm simply asking for Synchronys fair reassessment at the end of this years long burden. And that Synchrony recognize, that by whatever Value City branded card practices are embraced in this case, that now bring Synchrony and I to this never before seen unfortunate point, merits letting it finally be called enough, in the unusually out-of-sorts exchange that even Synchrony cant deny, are found here. \n\nDESIRED OUTCOME I desire removal of my name from this account for all of the reasons stated above, and here are XXXX more reasons this desired outcome is fair and reasonable : XXXX XXXX has maintained a perfect payment record of nearly XXXX year. \n\nXXXX XXXX is, apparently, happy to maintain automatically withdrawn minimum payments that almost immediately, are eaten up by exorbitant monthly interest charges, maintaining an account balance promising Synchrony a certainty of interest generated revenue of literal revolving longevity. \n\nBoth of these patterns of customer payment are highly established to benefit credit card issuers a great deal. \n\nAfter nearly a year of established consistency of on time payments, there is no reasonable purpose served by dragging my credit further through the burdens and harms of carrying this revolving over-utilized revenue generating machine of a longevity, already benefiting Synchrony enough, without my further fraudulently orchestrated sponsor. \n\nTIME IS OF THE ESSENCE These horribly detrimental circumstances were already at a difficult credit securing time, made worse by current tariff uncertainties. The longer the fraud burden is allowed to hamper my property development plans already in the making, the more harmfully interfering it gets. \n\nAs much as Synchrony and XXXX XXXX may be okay with this arrangement, circumstances at my end do not allow time for the longevity of this interest-generating account set-up to play out. \n\nThat is why, but for the fraud and negligence that deliberately prevented my fully-informed decision-making, and gave rise to the interference with property development already implemented, and as evidenced by my credit history previous to this assault, the notion that I would knowingly take on a lengthy detrimental burden of this sort at such a critical time, is completely absurd. \n\nAnd that in all our years of mutually-beneficial consumer-business experiences through various retail branded Synchrony card accounts, the persistence of maintaining this unfairly burdensome, orchestrated fraud as allowed here in this case, as it involves Value Citys retail branded Synchrony card account, is insidious. \n\nSYNCHRONYS REASONABLY ANTICIPATED CONSIDERATION OF FACTS AND SYNCHRONYS OWN EVIDENCE At years end of this on-going ordeal, considering all the facts and Synchronys own evidence that spells out fraud, the consistency and perfect record of on-time payments, and only detriment weighing unfairly on me, for no more than a good faith intent to open a credit card account solely under my own name and control, my relief from the barriers and burdens of fraud unscrupulously imposed by this account seems the most reasonably fair resolution. \n\nNO IMPACT ON SYNCHRONY VALUE CITY vs CONTINUED UNDUE, UNREASONABLE DETRIMENT TO ME Synchrony 's position in their selectively agreed partnership with Value City XXXX retail branded credit card account, will neither be substantially affected nor changed in any way, by removal of my name from what I posit and Synchrony has evidenced themselves, to be an intentional and fraudulently created joint account. \n\nWhile on the other hand, Synchronys continued imposition of undue harm done to me by refusing me relief from the burdens of fraud described just previous, is entirely unreasonable, while in full knowing, of the deliberate imposition of detrimental actual and other needlessly undue and nearing irreparable harms done to me, for no legitimate cause nor serving any legitimate purpose. \n\nCLOSING Thank you for your time and your anticipated consideration to assist me in finally finding a fair and just resolution in this matter, and my long overdue reasonably deserved relief. \n\nSincerely, XXXX XXXX","date_sent_to_company":"2025-07-03T17:43:49.000Z","issue":"Closing your account","sub_product":"Store credit card","zip_code":"935XX","tags":"Older American","has_narrative":true,"complaint_id":"13551319","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"SYNCHRONY FINANCIAL","date_received":"2025-05-16T17:36:58.000Z","state":"CA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Can't close your account"},"highlight":{"complaint_what_happened":["FRAUDULENT DECEIT NEGLIGENTLY ALLOWED TO RUN XXXX XXXX telephoned me requesting that I <em>apply</em> for a Value City retail branded Synchrony card to assist her with a purchase of a couch. I did <em>apply</em> and my application was denied by text message, stating that the <em>reason</em> for denial would be given by mailed letter."]},"sort":[9.102041,"13551319"]},{"_index":"complaint-public-v1","_id":"9315120","_score":9.043631,"_source":{"product":"Credit card","complaint_what_happened":"Short Form Complaint : 1. Wells Fargo and XXXX have failed to provide and maintain minimally adequate customer service resources and technologies concerning consumer lending products they offer in the State of Washington.\n\n2. Wells Fargo has abused its position as a financial institution in conjunction with its relationship with rent payment services offered by XXXX to misappropriate and improperly apply funds intended for rent payments to its own accounts receivable for its consumer credit accounts. \n\nXXXX. Wells Fargo has engaged in unethical and bad faith practices in handling complaints related to technical issues with consumer credit products it services and related softwarea mobile applicationoffered in partnership with XXXX. \n\n4. Wells Fargo has either deliberately or negligently failed to provide timely notice of adverse actions concerning the closure of a credit account. \na. In the XXXX instance where a notice was sent, there is strong evidence to suggest that the reasons cited in Wells Fargos correspondence are pretextual, and the actual reason for account closure was due to bounced payments resulting from Wells Fargos own, documented, software errors in an open tech support case. \n\n5. Wells Fargo has engaged in unlawful and unfairly deceptive debt collection practices including but not limited to failing to disclose it was acting in a debt collection capacity and/or misrepresenting the nature of its so-called customer service and tech support case ( XXXX ). \n\n6. XXXX fails to display, and Wells Fargo permits this failure to continue, any indication of current consumer account status in its mobile application or provide any required notices once a consumer account has been terminated and transferred to collections. \n\nFacts and Circumstances : Prior to XX/XX/year>, an automatic minimum monthly payment of {$300.00} was initiated on my XXXX XXXX. The XXXX XXXX is a product offered by XXXX XXXX XXXX and serviced by Wells Fargo. XXXX is responsible for handling rent payments, their rewards program, and tech support for their mobile app/website. Wells Fargo manages everything related to the credit card, which is a Mastercard. XXXX offers a service that sends rent checks to landlords once a month free of charge. When these payments are submitted, the payment amount is charged against the credit line, like any other charge. The payment method is either an ACH or a mailed check from XXXX to the landlord on the cardholders behalf. \n\nOn XX/XX/year>, I became aware of a payment processing error. Rather than drawing from my XXXX Checking account ending in XXXX ( XXXX ), XXXX attempted to draw the automatic minim monthly payment of {$300.00} from a XXXX Savings account ending in XXXX ( XXXX ). Wells Fargo retroactively charged me a late fee of {$25.00} as of XX/XX/year>. \nI then attempted to manually resubmit payment using my XXXX Checking account ending in XXXX. Despite my selection of this account, XXXX attempted to draw from XXXX again. Of the three payment accounts I had added in the XXXX mobile application, XXXX was set as the Default, and due to a technical error, all payments were processed through the Default account rather than the selected account. When I attempted to change the Default account, I was unable to do so. In the interim and to avoid further fees, I funded the XXXX account so my resubmitted payment of {$1100.00} would clear. This transaction processed successfully through XXXX on XX/XX/year>. \n\nBefore XX/XX/year>, I initiated another payment of {$7000.00} through the XXXX mobile application ( XXXX XXXX ). Again, the XXXX mobile application attempted to draw from XXXX instead of XXXX. At this point, I manually removed XXXX and a third payment account ( XXXX ) from my linked payment accounts in the XXXX mobile application to force XXXX to be the Default. After this, I reattempted the First Payoff but was prevented from submitting it because the then-current balance outstanding on my XXXX XXXX credit account reflected my First Payoff, which was incorrectly drawn on XXXX and had not yet been reversed for XXXX XXXX mobile application and Wells Fargo policy both prohibit payments being made more than a credit accounts current outstanding balance without regard to any pending reversals or changes. This is when I began seeking customer service and tech support from XXXX. \n\nWhen I contacted XXXX, I was directed to a chatbot on their website and in the mobile application. For payment processing errors, I was directed to email XXXX XXXX at XXXX. I exchanged at least XXXX emails with XXXX representatives, who initially misunderstood my inquiry. The XXXX representatives incorrectly believed I was referencing an automatic rent payment of {$5200.00} submitted to my landlord scheduled through the XXXX mobile application that was processed on or about XX/XX/year> ( Rent Payment ). The Rent Payment was returned for NSF because the First Payoff had not been applied to my XXXX account due to the Discover/BECU payment and Default payment method errors. Once XXXX representatives understood the issue, I was directed to Wells Fargo for further assistance. \n\nMy case was escalated to Wells Fargos Executive Office, case ID XXXX, with XXXX assigned XXXX the case. XXXX confirmed that credit card payment errors like my First Payoff were for Wells Fargo to resolve, expecting resolution within XXXX business days. XXXX advised that Wells Fargos payment processing systems would automatically reattempt both the First Payoff and the Rent Payment and that they could not disable these automatic reattempts. \n\nThe First Payoff was declined by XXXX at least twice, first on or about XX/XX/year>, and then again on or about XX/XX/year>. ( XXXX Bank provided at least a dozen other payment failure notices by email and mobile application alert, but only these two transactions are reflected on my XXXX account ). An additional automatic minimum monthly payment of {$300.00} was also reattempted and declined by XXXX on or about XX/XX/year>. \n\nI do not have visibility into what rent checks or payments were mailed or paid by XXXX. I notified my landlord on XX/XX/year>, and requested a waiver of late fees while resolving payment processing errors. My landlord agreed. Between XX/XX/XXXX and XX/XX/XXXX, my landlord received the Rent Payment, cashed it, and had the payment reversed for NSF. The landlord was charged a {$25.00} NSF fee, later reversed. I received a confirmatory email from my landlord on XX/XX/year>. \n\nOn XX/XX/year>, I initiated a new payoff of {$8700.00} through the XXXX mobile app, which was drawn from XXXX and applied to my XXXX credit account balance on XX/XX/year> ( Second Payoff ). I also reinitiated my Rent Payment on XX/XX/XXXX. XXXX called me on XX/XX/XXXX to confirm my issues were resolved. I confirmed they were, to the best of my knowledge. \n\nOn XX/XX/year>, my XXXX XXXX began being declined by merchants, but an online transaction of {$24.00} was processed on XX/XX/XXXX. As of then, I had received no correspondence from XXXX or Wells Fargo of any kind and assumed these declines were due to automated fraud protection. Wells Fargo support informed me there were no fraud alerts on my account. My card continued to be declined. I figured, perhaps, that a new card had been mailed by Wells Fargo as part of the resolution for my case and thought nothing more of it. \n\nOn XX/XX/XXXX, I received a notice from XXXX that my XXXX card had been deactivated from XXXX. On XX/XX/XXXX or XXXX, I called Wells Fargo for assistance, expecting to request information for when to expect my new card. XXXX was surprised to hear about the issues, believing the problem was resolved. She had no knowledge of what had happened with my account after XX/XX/XXXX. \n\nUpon investigation, XXXX confirmed an adverse action letter indicating my XXXX XXXX account had been closed, prepared and sent by postal mail on XX/XX/XXXX. Conflicting closure dates were either XX/XX/XXXX or XX/XX/XXXX, both after my Second Payoff was initiated and after XXXX confirmed the matter was resolved. \n\nXXXX opened a new case for the account closure problem, case ID # XXXX, assigned to XXXX XXXX XXXX XX/XX/year>, XXXX responded XXXX confirming my credit card was closed on XX/XX/year>, and could not be reopened. XX/XX/XXXX is also after my Second Payoff was initiated and after XXXX confirmed the matter was resolved. \n\nI called Wells Fargo again, requesting XXXX 's assistance and a new case was opened with ID # XXXX. The Wells Fargo representative I spoke with on XX/XX/year>, indicated both XXXX and XXXX were busy but had received notes to contact me. As of the filing of this complaint, I have not been contacted by XXXX, XXXX, or any other representative of either XXXX or Wells Fargo. \n\nFor the above reasons, I was left with no choice but to seek assistance from the state and other regulatory bodies and file this complaint, along with others substantially similar.","date_sent_to_company":"2024-06-22T00:54:34.000Z","issue":"Problem when making payments","sub_product":"General-purpose credit card or charge card","zip_code":"98203","tags":null,"has_narrative":true,"complaint_id":"9315120","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"WELLS FARGO & COMPANY","date_received":"2024-06-22T00:48:20.000Z","state":"WA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Problem during payment process"},"highlight":{"complaint_what_happened":["In the XXXX instance where a notice was <em>sent</em>, there is strong evidence to suggest that the <em>reasons</em> cited in Wells Fargos correspondence are pretextual, and the actual <em>reason</em> for account closure was due to bounced payments resulting from Wells Fargos own, documented, software errors in an open tech support case. \n\n5."],"sub_product":["General-purpose credit card or <em>charge</em> card"]},"sort":[9.043631,"9315120"]},{"_index":"complaint-public-v1","_id":"9315626","_score":9.033244,"_source":{"product":"Credit card","complaint_what_happened":"Short Form Complaint : 1. Wells Fargo and XXXX have failed to provide and maintain minimally adequate customer service resources and technologies concerning consumer lending products they offer in the State of Washington.\n\n2. Wells Fargo has abused its position as a financial institution in conjunction with its relationship with rent payment services offered by XXXX to misappropriate and improperly apply funds intended for rent payments to its own accounts receivable for its consumer credit accounts. \n\nXXXX. Wells Fargo has engaged in unethical and bad faith practices in handling complaints related to technical issues with consumer credit products it services and related softwarea mobile applicationoffered in partnership with XXXX. \n\nXXXX. Wells Fargo has either deliberately or negligently failed to provide timely notice of adverse actions concerning the closure of a credit account. \na. In the one instance where a notice was sent, there is strong evidence to suggest that the reasons cited in Wells Fargos correspondence are pretextual, and the actual reason for account closure was due to bounced payments resulting from Wells Fargos own, documented, software errors in an open tech support case. \n\nXXXX. Wells Fargo has engaged in unlawful and unfairly deceptive debt collection practices including but not limited to failing to disclose it was acting in a debt collection capacity and/or misrepresenting the nature of its so-called customer service and tech support case ( s ).\n\n6. XXXX fails to display, and Wells Fargo permits this failure to continue, any indication of current consumer account status in its mobile application or provide any required notices once a consumer account has been terminated and transferred to collections. \n\n\nFacts and Circumstances : Prior to XX/XX/2024, an automatic minimum monthly payment of {$300.00} was initiated on my XXXX XXXX. The XXXX XXXX is a product offered by XXXX XXXX XXXX and serviced by Wells Fargo. XXXX is responsible for handling rent payments, their rewards program, and tech support for their mobile app/website. Wells Fargo manages everything related to the credit card, which is a XXXX. XXXX offers a service that sends rent checks to landlords once a month free of charge. When these payments are submitted, the payment amount is charged against the credit line, like any other charge. The payment method is either an ACH or a mailed check from XXXX to the landlord on the cardholders behalf. \n\nOn XX/XX/2024, I became aware of a payment processing error. Rather than drawing from my XXXX Checking account ending in XXXX ( XXXX ), XXXX attempted to draw the automatic minim monthly payment of {$300.00} from a XXXX Savings account ending in XXXX ( XXXX ). Wells Fargo retroactively charged me a late fee of {$25.00} as of XX/XX/2024. \n\nI then attempted to manually resubmit payment using my XXXX Checking account ending in XXXX. Despite my selection of this account, XXXX attempted to draw from XXXX again. Of the three payment accounts I had added in the XXXX mobile application, XXXX was set as the Default, and due to a technical error, all payments were processed through the Default account rather than the selected account. When I attempted to change the Default account, I was unable to do so. In the interim and to avoid further fees, I funded the XXXX account so my resubmitted payment of {$1100.00} would clear. This transaction processed successfully through XXXX on XX/XX/2024. \n\nBefore XX/XX/2024, I initiated another payment of {$7000.00} through the XXXX mobile application ( XXXX XXXX ). Again, the XXXX mobile application attempted to draw from XXXX instead of XXXX. At this point, I manually removed XXXX and a third payment account ( XXXX ) from my linked payment accounts in the XXXX mobile application to force XXXX to be the Default. After this, I reattempted the First Payoff but was prevented from submitting it because the then-current balance outstanding on my XXXX  XXXX credit account reflected my First Payoff, which was incorrectly drawn on XXXX and had not yet been reversed for XXXX XXXX XXXX application and Wells Fargo policy both prohibit payments being made more than a credit accounts current outstanding balance without regard to any pending reversals or changes. This is when I began seeking customer service and tech support from XXXX. \n\nWhen I contacted XXXX, I was directed to a chatbot on their website and in the mobile application. For payment processing errors, I was directed to email XXXX XXXX at XXXX. I exchanged at least XXXX emails with XXXX representatives, who initially misunderstood my inquiry. The XXXX representatives incorrectly believed I was referencing an automatic rent payment of {$5200.00} submitted to my landlord scheduled through the XXXX mobile application that was processed on or about XX/XX/2024 ( XXXX XXXX ). The Rent Payment was returned for NSF because the First Payoff had not been applied to my Bilt account due to the XXXX  payment and Default payment method errors. Once XXXX representatives understood the issue, I was directed to Wells Fargo for further assistance. \n\nMy case was escalated to XXXX XXXX XXXX XXXX, case ID XXXX, with XXXX assigned XXXX the case. XXXX confirmed that credit card payment errors like my First Payoff were for Wells Fargo to resolve, expecting resolution within XXXX business days. XXXX advised that XXXX XXXX payment processing systems would automatically reattempt both the First Payoff and the XXXX XXXX and that they could not disable these automatic reattempts. \n\nThe First Payoff was declined by XXXX at least twice, first on or about XX/XX/2024, and then again on or about XX/XX/2024. ( XXXX Bank provided at least a dozen other payment failure notices by email and mobile application alert, but only these XXXX transactions are reflected on my XXXX account ). An additional automatic minimum monthly payment of {$300.00} was also reattempted and declined by XXXX on or about XX/XX/2024. \n\nI do not have visibility into what rent checks or payments were mailed or paid by XXXX. I notified my landlord on XX/XX/2024, and requested a waiver of late fees while resolving payment processing errors. My landlord agreed. Between XX/XX/XXXX and XX/XX/XXXX, my landlord received the XXXX XXXX, cashed it, and had the payment reversed for NSF. The landlord was charged a {$25.00} NSF fee, later reversed. I received a confirmatory email from my landlord on XX/XX/2024. \n\nOn XX/XX/2024, I initiated a new payoff of {$8700.00} through the XXXX mobile app, which was drawn from XXXX and applied to my XXXX credit account balance on XX/XX/2024 ( Second Payoff ). I also reinitiated my XXXX XXXX on XX/XX/XXXX. XXXX called me on XX/XX/XXXX to confirm my issues were resolved. I confirmed they were, to the best of my knowledge. \n\nOn XX/XX/2024, my XXXX XXXX began being declined by merchants, but an online transaction of {$24.00} was processed on XX/XX/XXXX. As of then, I had received no correspondence from XXXX or Wells Fargo of any kind and assumed these declines were due to automated fraud protection. Wells Fargo support informed me there were no fraud alerts on my account. My card continued to be declined. I figured, perhaps, that a new card had been mailed by Wells Fargo as part of the resolution for my case and thought nothing more of it. \n\nOn XX/XX/XXXX, I received a notice from XXXX that my XXXX card had been deactivated from XXXX. On XX/XX/XXXX or XXXX, I called Wells Fargo for assistance, expecting to request information for when to expect my new card. XXXX was surprised to hear about the issues, believing the problem was resolved. She had no knowledge of what had happened with my account after XX/XX/XXXX. \n\nUpon investigation, XXXX confirmed an adverse action letter indicating my XXXX XXXX account had been closed, prepared and sent by postal mail on XX/XX/XXXX. Conflicting closure dates were either XX/XX/XXXX or XX/XX/XXXX, both after my Second Payoff was initiated and after XXXX confirmed the matter was resolved. \n\nXXXX opened a new case for the account closure problem, case ID # XXXX, assigned to XXXX XXXX XXXX XX/XX/2024, XXXX responded XXXX confirming my credit card was closed on XX/XX/2024, and could not be reopened. XX/XX/XXXX is also after my Second Payoff was initiated and after XXXX confirmed the matter was resolved. \n\nI called Wells Fargo again, requesting XXXX 's assistance and a new case was opened with ID # XXXX. The Wells Fargo representative I spoke with on XX/XX/2024, indicated both XXXX and XXXX were busy but had received notes to contact me. As of the filing of this complaint, I have not been contacted by XXXX, XXXX, or any other representative of either XXXX or Wells Fargo. \n\nFor the above reasons, I was left with no choice but to seek assistance from the state and other regulatory bodies and file this complaint, along with others substantially similar.","date_sent_to_company":"2024-06-26T17:48:29.000Z","issue":"Problem when making payments","sub_product":"General-purpose credit card or charge card","zip_code":"98203","tags":null,"has_narrative":true,"complaint_id":"9315626","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"WELLS FARGO & COMPANY","date_received":"2024-06-22T00:55:13.000Z","state":"WA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Problem during payment process"},"highlight":{"complaint_what_happened":["She had no knowledge of <em>what</em> had happened with my account after XX/XX/XXXX. \n\nUpon investigation, XXXX confirmed an adverse action letter indicating my XXXX XXXX account had been closed, prepared and <em>sent</em> by postal mail on XX/XX/XXXX. Conflicting closure dates were either XX/XX/XXXX or XX/XX/XXXX, both after my Second Payoff was initiated and after XXXX confirmed the <em>matter</em> was resolved."],"sub_product":["General-purpose credit card or <em>charge</em> card"]},"sort":[9.033244,"9315626"]},{"_index":"complaint-public-v1","_id":"7594322","_score":8.3152,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX XXXX XXXX XXXX Previous Address : XXXX XXXX XXXX, XXXX XXXX, XXXX, NC XXXX Current Address : XXXX XXXX XXXX, XXXX XXXX XXXXXXXX, Texas XXXX Navient Loan credit report dispute Loan # XXXX XXXX XXXX XXXX XXXX XXXX Sallie Mae Smart Option Student Loan XXXX Sallie Mae Smart Option Student Loan XXXX Sallie Mae Smart Option Student Loan XXXX Sallie Mae Smart Option Student Loan XXXX Sallie Mae Smart Option Student Loan XXXX Sallie Mae Smart Option Student Loan XXXX Sallie Mae Smart Option Student Loan XXXX Sallie Mae Smart Option Student Loan XXXX Sallie Mae Smart Option Student Loan ISSUE : Dispute Credit bureau report of 60 days late payment reporting on XX/XX/2023 ( See attached document Credit Bureau 60 days late report due to loan ending in XXXX ) Along with other late reporting with remaining 8 private loan noted above. \n\nIt is with sadness and disappointment that I am writing this letter. My experience with Navient since the first day I applied for my first student loan with my ex-wife as co-signer over 5 years ago has been nothing but sheer nightmare, hardship, stress, surmounted cost from damaged credit report, deny mortgage due to bad Navient report, higher interest rate payment on my car note to separating with my ex-wife due multiple issues related to Navient lack of transparencies, inability to assume its mistake of lying to customers, providing wrong information, incorrectly applying payment to wrong loan, charging same loan payment multiple times in one payment cycle and charging late fee while still collecting auto draft payment without raising issue of auto draft scheduled date incurring fees, please see all evidence provided. \n\nIssue 1 - Wrongful credit report while payment, auto draft, are made based on information received. \n\nOn XX/XX/2023, at XXXX PM central time. I spoke with Navient Representative XXXX XXXX about my account, and she seemed knowledgeable and did confirmed that my account should not have been reported past due because as of XX/XX/XXXX my account was a month past due but payment made brought my account to XXXX. Meaning this reporting to the bureau in Month of XXXX is inaccurate. She even advises that I call in few days and that she will refund all late fee. She even added that she will move my loan due date to align with payment plan date which apparently is contributing to late fee. In a nutshell, Navient knowingly schedule payment plan date outside of payment due date and collect late fees. Know this information should be disclose to client such that if payment plan is schedule far from due date could lead to involuntary late fees. iF clients have this information, they will obviously prefer a payment date that does not incur late fees. \n\nI would like to start by directly pointing what transpired me to write this letter of credit report dispute. The issue is in reference to loan XXXX  XXXX. For the longest I can recall this loan has been on an auto draft in the amount of {$91.00} and periodically I will call Navient to check to make sure Navient does not need anything from me. About 4 months ago to this day, XX/XX/XXXX, some of my loans were coming out of a repayment plan. I called Navient asking what is needed to enroll back into the repayment plan and how much to set my auto draft payment. I was informed of all that was needed on the call, I then set up an auto draft as always including loan # XXXX. Today XX/XX/2023, I received a notification from the credit bureau showing that my credit score drop about XXXX points one of the reason I was inform was that loan # XXXX was reported having missed payments ; however when I look at my monthly auto draft set by Navient, all my payment seemed have been made. I called Navient to see what is going and no ones can seem to explain what is going on. When I scheduled my payments few months ago, I was never told that loan # XXXX payment is more than {$91.00} and to that point I am not even sure if that is the issue as my payment history show that I was paying exactly the amount due, interest amount, please reference payment history of loan # XXXX. To conclude this first part of my issue with Navient, stuff constantly provided incorrect information, set up incorrect payment plans, no one contacted me or emailed me about payment issue. I almost always call to ask what is going on, but I would think that Navient would have been the one contacting customers about payment and not the other way around where customers are calling to make sure they are not falling behind and not know. Here I am asking that Navient not only remove the recent credit report to the bureau but remove past late payment as these were also similar issues where I was told to make my payment which I did and still got reported simply because the amounts that were being drafted were not enough even though they were the exact amount that Navient reps scheduled to be drafted to satisfy my payment. If these issues are not fixed with the bureau, I will follow a formal complaint with the CFPB, FTC and file a lawsuit for all financial burden the damaged you inflicted to my credit due to Navient inability to be truthful, transparent and own its end of the bargain as related to misleading clients with false information. \n\nFYI- On XXXX XXXX, I called Navient at about XXXX XXXX Central time and spoke with a gentlemen name XXXX, I have asked for his last name or employee ID. He stated that he is the only XXXX at Navient which I found it hard to believe. Goes to show what customer face day to day when calling Navient. If you pull and listen to the call, I have asked XXXX to confirm that my payment plan set up on XX/XX/2023, call is correct in that all monthly payment are set on an auto draft included loan ending in XXXX. XXXX confirmed yes. I also ask to confirm auto draft amount for loan ending in XXXX. XXXX confirmed {$91.00} which is only about {$.00} more than previous auto draft for loan ending in XXXX. This means that indeed loan ending in XXXX has been drafted correctly in the amount of {$91.00}. I then asked if auto draft for loan ending in XXXX is correct then why did Navient reported 60 days past due on my account. XXXX responded that payment for XXXX and XXXX were not received, and payment made in XXXX was return unpaid. I one find this to be incorrect, one if XXXX and XXXX payment is missing wouldnt payment made in XXXX, XXXX, XXXX, XXXX and large payment on this loan ending in XXXX made on XX/XX/XXXX in the amount of {$310.00} take care of {$91.00} XXXX and XXXX XXXX? in fact when reviewing attached account history, you will noticed that in XXXX payment reverse was put in back of loan after speaking with a rep to set up a payment plan Please note that everything on my account, activities, payment etc are result of conversation with reps as I do my very best to follow their instructions and set up payment plans, auto draft etc. either way account XXXX should not have been reported as all payment on this account are up to date for last 12 month and any missed payment would have been reconcile with large payment in the amount of {$310.00} made through the rep who actually stated that is what I needed to pay. Also based on my account history my payment in the amount of about {$740.00} was processed and withdrew from my bank account on XX/XX/2023. Please see both my bank account record, check record and Navient record showing payment made and processed successfully on XX/XX/XXXX. This goes to show that not only information provided by Navient rep is inconsistent with the expectation and actual action that take place, but also that when there is an issue there is a lack of communication from Navient and I am always having to call to know what is going on. I would assume that before reporting to credit bureau Navient would have made an effort to contact me in the last 4 months, but they did not. Also looking at my account even though I have payment scheduled on auto draft I am incurring late payment each and every months. Could it be that auto draft set on payment past due date incurs fees? If yes, this should be disclosed to client otherwise we are under the impression that we could be a payment date regardless of due date. At least in my case I am charge fees each month for past years which I would like reverse. \n\nTo show so much disconnect among reps at Navient, I called back later today XX/XX/XXXX and here is what was the conclusion from another rep which is makes more sense than all the other reps. Please pull conversation record and check for yourself, XX/XX/2023, at XXXX XXXX central time. spoke with Navient Representative XXXX XXXX. \n\nOn XX/XX/2023, at XXXX XXXX central time. I spoke with Navient Representative XXXX XXXX about my account, and she seemed knowledgeable and did confirmed that my account should not have been reported past due because as of XX/XX/XXXX my account was a month past due but payment made brought my account to XXXX. Meaning this reporting to the bureau in XXXX of XXXX is inaccurate. She even advises that I call in few days and that she will refund all late fee. She even added that she will move my loan due date to align with payment plan date which apparently is contributing to late fee. In a nutshell, Navient knowingly schedule payment plan date outside of payment due date and collect late fees. Know this information should be disclose to client such that if payment plan is schedule far from due date could lead to involuntary late fees. iF clients have this information, they will obviously prefer a payment date that does not incur late fees. \n\nIssue 2 - issues experience over the years with Navient Many times, there have been disconnect among staff members at Navient. Many times, I have called and seems that each time I am provided different information and wrong information. Reps at Navient actually acknowledged many times that previous reps have be incorrect etc. If stuff at Navient cant speak the same language, I dont know how we the general public are supposed to understand what you are saying. I can truly say that Ive been misled over the years many times over by Navient, which cost many credit reporting and credit issues, high interest on car loan, denied mortgage because of Navient report dropping my credit score to an all-time low. Note, I have 9 loan and whenever a report is sent it may have 9x impact to my credit report. Note on may occasion I have noticed Navient withdrawing payment from my bank and apply 2 payments on 1 loan. I have voiced this issue in the past and Navient acknowledge this unauthorized transaction and always end up saying sorry and apply the extra payment to future loan payment. This practice should be illegal and should have serious implication as most people do not have money laying around for overpayment on a loan. \n\nMany times, Ive had to rely on the information that is provided by Navient representatives, but seems like no matter how much I try to rely on the information I receive, I must proactively call to check to make sure everything is alight and even then, seems like Navient finds a way to mess up my account, auto draft etc. At this point I have concluded that information receives from Navient going forward is not reliable, it is often inaccurate and leaving customers is a mess and financial hardship. \n\nWith every case there must be evidence and concrete examples. Ok, lets go back to my earlier issue # 1, I called Navient around XX/XX/2023 to make sure all my payments are made and check on re payment plan expiring and set up a new plan. Rep explained everything and ask that I pay about {$740.00} to re-enroll in payment plan satisfying all loans and set up auto draft for all 9 loans. At this point I understood the following, make payment, schedule auto draft and just monitor that payment auto draft. Now we pass the month of XXXX, XXXX, XXXX, XXXX while payment are being drafted as agree, in the backend loan ending in XXXX is being underpay something I did not know, no one called, no email or mail about an under payment if that is even the issue which I am to clear with Navient. Another issue, no one seems to know what is going on when something goes wrong. \n\nDue to your mistake and misinforming me of payment amount drafted each month if and again if the issue is really underpaying. The issue could be bigger than that meaning that you maybe wrongfully charging amounts and incorrectly allocating them. Either way I am asking that you clean up my credit report and remove these wrong credit report due to your stuff wrong directions and information. Also you will notice that there is no record of someone reaching out to me in XXXX or XXXX about late payment or credit report. Think about this, now why would I pay all my loans each month only to leave out a small amount that is not been drafted from my account? I definitely know that paying loan is to avoid credit report, but seems like here paying my loan auto draft each month sent me to negative credit reporting.","date_sent_to_company":"2023-09-24T01:54:27.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"75039","tags":null,"has_narrative":true,"complaint_id":"7594322","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Navient Solutions, LLC.","date_received":"2023-09-24T01:23:18.000Z","state":"TX","company_public_response":null,"sub_issue":"Account status incorrect"},"highlight":{"complaint_what_happened":["Today XX/XX/2023, I received a notification from the credit bureau showing that my credit score drop about XXXX points one of the <em>reason</em> I was inform was that loan # XXXX was reported having missed payments ; however when I look at my monthly auto draft set by Navient, all my payment seemed have been made. I called Navient to see <em>what</em> is going and no ones can seem to explain <em>what</em> is going on."]},"sort":[8.3152,"7594322"]},{"_index":"complaint-public-v1","_id":"7594307","_score":8.30576,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX XXXX XXXX XXXX Previous Address : XXXX XXXX XXXX, XXXX XXXX, XXXX, NC XXXX Current Address : XXXX XXXX XXXX, XXXX  XXXX XXXX, Texas XXXX XXXX Loan credit report dispute Loan # XXXX All Loan Details Loan XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ISSUE : Dispute Credit bureau report of 60 days late payment reporting on XX/XX/2023 ( See attached document Credit Bureau 60 days late report due to loan ending in XXXX ) Along with other late reporting with remaining 8 private loan noted above. \n\nIt is with sadness and disappointment that I am writing this letter. My experience with XXXX since the first day I applied for my first student loan with my ex-wife as co-signer over 5 years ago has been nothing but sheer nightmare, hardship, stress, surmounted cost from damaged credit report, deny mortgage due to bad XXXX report, higher interest rate payment on my car note to separating with my ex-wife due multiple issues related to XXXX lack of transparencies, inability to assume its mistake of lying to customers, providing wrong information, incorrectly applying payment to wrong loan, charging same loan payment multiple times in one payment cycle and charging late fee while still collecting auto draft payment without raising issue of auto draft scheduled date incurring fees, please see all evidence provided. \n\nIssue 1 - Wrongful credit report while payment, auto draft, are made based on information received. \n\nOn XX/XX/2023, at XXXX XXXX central time. I spoke with XXXX Representative XXXX XXXX about my account, and she seemed knowledgeable and did confirmed that my account should not have been reported past due because as of XX/XX/XXXX my account was a month past due but payment made brought my account to XXXX. Meaning this reporting to the bureau in XXXX of XXXX is inaccurate. She even advises that I call in few days and that she will refund all late fee. She even added that she will move my loan due date to align with payment plan date which apparently is contributing to late fee. In a nutshell, XXXX knowingly schedule payment plan date outside of payment due date and collect late fees. Know this information should be disclose to client such that if payment plan is schedule far from due date could lead to involuntary late fees. iF clients have this information, they will obviously prefer a payment date that does not incur late fees. \n\nI would like to start by directly pointing what transpired me to write this letter of credit report dispute. The issue is in reference to loan # XXXX. For the longest I can recall this loan has been on an auto draft in the amount of {$91.00} and periodically I will call XXXX to check to make sure XXXX does not need anything from me. About 4 months ago to this day, XX/XX/XXXX, some of my loans were coming out of a repayment plan. I called XXXX asking what is needed to enroll back into the repayment plan and how much to set my auto draft payment. I was informed of all that was needed on the call, I then set up an auto draft as always including loan # XXXX. Today XX/XX/2023, I received a notification from the credit bureau showing that my credit score drop about 60 points one of the reason I was inform was that loan # XXXX was reported having missed payments ; however when I look at my monthly auto draft set by XXXX, all my payment seemed have been made. I called XXXX to see what is going and no ones can seem to explain what is going on. When I scheduled my payments few months ago, I was never told that loan # XXXX payment is more than {$91.00} and to that point I am not even sure if that is the issue as my payment history show that I was paying exactly the amount due, interest amount, please reference payment history of loan # XXXX. To conclude this first part of my issue with XXXX, stuff constantly provided incorrect information, set up incorrect payment plans, no one contacted me or emailed me about payment issue. I almost always call to ask what is going on, but I would think that XXXX would have been the one contacting customers about payment and not the other way around where customers are calling to make sure they are not falling behind and not know. Here I am asking that XXXX not only remove the recent credit report to the bureau but remove past late payment as these were also similar issues where I was told to make my payment which I did and still got reported simply because the amounts that were being drafted were not enough even though they were the exact amount that XXXX reps scheduled to be drafted to satisfy my payment. If these issues are not fixed with the bureau, I will follow a formal complaint with the CFPB, FTC and file a lawsuit for all financial burden the damaged you inflicted to my credit due to XXXX inability to be truthful, transparent and own its end of the bargain as related to misleading clients with false information. \n\nFYI- On XXXX XXXX, I called XXXX at about XXXX XXXX Central time and spoke with a gentlemen name XXXX, I have asked for his last name or employee ID. He stated that he is the only XXXX at XXXX which I found it hard to believe. Goes to show what customer face day to day when calling XXXX. If you pull and listen to the call, I have asked XXXX to confirm that my payment plan set up on XX/XX/2023, call is correct in that all monthly payment are set on an auto draft included loan ending in XXXX. XXXX confirmed yes. I also ask to confirm auto draft amount for loan ending in XXXX. XXXX confirmed {$91.00} which is only about {$.00} more than previous auto draft for loan ending in XXXX. This means that indeed loan ending in XXXX has been drafted correctly in the amount of {$91.00}. I then asked if auto draft for loan ending in XXXX is correct then why did XXXX reported 60 days past due on my account. XXXX responded that payment for XXXX and XXXX were not received, and payment made in XXXX was return unpaid. I one find this to be incorrect, one if XXXX and XXXX payment is missing wouldnt payment made in XXXX, XXXX, XXXX, XXXX and large payment on this loan ending in XXXX made on XX/XX/XXXX in the amount of {$310.00} take care of {$91.00} XXXX and XXXX XXXX? in fact when reviewing attached account history, you will noticed that in XXXX payment reverse was put in back of loan after speaking with a rep to set up a payment plan Please note that everything on my account, activities, payment etc are result of conversation with reps as I do my very best to follow their instructions and set up payment plans, auto draft etc. either way account XXXX should not have been reported as all payment on this account are up to date for last 12 month and any missed payment would have been reconcile with large payment in the amount of {$310.00} made through the rep who actually stated that is what I needed to pay. Also based on my account history my payment in the amount of about {$740.00} was processed and withdrew from my bank account on XX/XX/2023. Please see both my bank account record, check record and XXXX record showing payment made and processed successfully on XX/XX/XXXX. This goes to show that not only information provided by XXXX rep is inconsistent with the expectation and actual action that take place, but also that when there is an issue there is a lack of communication from XXXX and I am always having to call to know what is going on. I would assume that before reporting to credit bureau XXXX would have made an effort to contact me in the last 4 months, but they did not. Also looking at my account even though I have payment scheduled on auto draft I am incurring late payment each and every months. Could it be that auto draft set on payment past due date incurs fees? If yes, this should be disclosed to client otherwise we are under the impression that we could be a payment date regardless of due date. At least in my case I am charge fees each month for past years which I would like reverse. \n\nTo show so much disconnect among reps at XXXX, I called back later today XX/XX/XXXX and here is what was the conclusion from another rep which is makes more sense than all the other reps. Please pull conversation record and check for yourself, XX/XX/2023, at XXXX XXXX central time. spoke with XXXX Representative XXXX XXXX. \n\nOn XX/XX/2023, at XXXX XXXX central time. I spoke with XXXX Representative XXXX XXXX about my account, and she seemed knowledgeable and did confirmed that my account should not have been reported past due because as of XX/XX/XXXX my account was a month past due but payment made brought my account to XXXX. Meaning this reporting to the bureau in Month of XXXX is inaccurate. She even advises that I call in few days and that she will refund all late fee. She even added that she will move my loan due date to align with payment plan date which apparently is contributing to late fee. In a nutshell, XXXX knowingly schedule payment plan date outside of payment due date and collect late fees. Know this information should be disclose to client such that if payment plan is schedule far from due date could lead to involuntary late fees. iF clients have this information, they will obviously prefer a payment date that does not incur late fees. \n\nIssue 2 - issues experience over the years with Navient Many times, there have been disconnect among staff members at XXXX. Many times, I have called and seems that each time I am provided different information and wrong information. Reps at XXXX actually acknowledged many times that previous reps have be incorrect etc. If stuff at XXXX cant speak the same language, I dont know how we the general public are supposed to understand what you are saying. I can truly say that Ive been misled over the years many times over by XXXX, which cost many credit reporting and credit issues, high interest on car loan, denied mortgage because of XXXX report dropping my credit score to an all-time low. Note, I have 9 loan and whenever a report is sent it may have 9x impact to my credit report. Note on may occasion I have noticed XXXX withdrawing payment from my bank and apply 2 payments on 1 loan. I have voiced this issue in the past and XXXX acknowledge this unauthorized transaction and always end up saying sorry and apply the extra payment to future loan payment. This practice should be illegal and should have serious implication as most people do not have money laying around for overpayment on a loan. \n\nMany times, Ive had to rely on the information that is provided by XXXX representatives, but seems like no matter how much I try to rely on the information I receive, I must proactively call to check to make sure everything is alight and even then, seems like XXXX finds a way to mess up my account, auto draft etc. At this point I have concluded that information receives from XXXX going forward is not reliable, it is often inaccurate and leaving customers is a mess and financial hardship. \n\nWith every case there must be evidence and concrete examples. Ok, lets go back to my earlier issue # 1, I called XXXX around XX/XX/2023 to make sure all my payments are made and check on re payment plan expiring and set up a new plan. Rep explained everything and ask that I pay about {$740.00} to re-enroll in payment plan satisfying all loans and set up auto draft for all 9 loans. At this point I understood the following, make payment, schedule auto draft and just monitor that payment auto draft. Now we pass the month of XXXX, XXXX, XXXX, XXXX while payment are being drafted as agree, in the backend loan ending in XXXX is being underpay something I did not know, no one called, no email or mail about an under payment if that is even the issue which I am to clear with XXXX. Another issue, no one seems to know what is going on when something goes wrong. \n\nDue to your mistake and misinforming me of payment amount drafted each month if and again if the issue is really underpaying. The issue could be bigger than that meaning that you maybe wrongfully charging amounts and incorrectly allocating them. Either way I am asking that you clean up my credit report and remove these wrong credit report due to your stuff wrong directions and information. Also you will notice that there is no record of someone reaching out to me in XXXX or XXXX about late payment or credit report. Think about this, now why would I pay all my loans each month only to leave out a small amount that is not been drafted from my account? I definitely know that paying loan is to avoid credit report, but seems like here paying my loan auto draft each month sent me to negative credit reporting.","date_sent_to_company":"2023-09-24T01:54:35.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"75039","tags":null,"has_narrative":true,"complaint_id":"7594307","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2023-09-24T01:54:32.000Z","state":"TX","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Account status incorrect"},"highlight":{"complaint_what_happened":["Today XX/XX/2023, I received a notification from the credit bureau showing that my credit score drop about 60 points one of the <em>reason</em> I was inform was that loan # XXXX was reported having missed payments ; however when I look at my monthly auto draft set by XXXX, all my payment seemed have been made. I called XXXX to see <em>what</em> is going and no ones can seem to explain <em>what</em> is going on."]},"sort":[8.30576,"7594307"]},{"_index":"complaint-public-v1","_id":"7594306","_score":8.300628,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX XXXX XXXX XXXX Previous Address : XXXX XXXX XXXX, XXXX XXXX, XXXX, NC XXXX Current Address : XXXX XXXX XXXX, XXXX  XXXX XXXX, Texas XXXX XXXX Loan credit report dispute Loan # XXXX All Loan Details Loan XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ISSUE : Dispute Credit bureau report of 60 days late payment reporting on XX/XX/2023 ( See attached document Credit Bureau 60 days late report due to loan ending in XXXX ) Along with other late reporting with remaining 8 private loan noted above. \n\nIt is with sadness and disappointment that I am writing this letter. My experience with XXXX since the first day I applied for my first student loan with my ex-wife as co-signer over 5 years ago has been nothing but sheer nightmare, hardship, stress, surmounted cost from damaged credit report, deny mortgage due to bad XXXX report, higher interest rate payment on my car note to separating with my ex-wife due multiple issues related to XXXX lack of transparencies, inability to assume its mistake of lying to customers, providing wrong information, incorrectly applying payment to wrong loan, charging same loan payment multiple times in one payment cycle and charging late fee while still collecting auto draft payment without raising issue of auto draft scheduled date incurring fees, please see all evidence provided. \n\nIssue 1 - Wrongful credit report while payment, auto draft, are made based on information received. \n\nOn XX/XX/2023, at XXXX XXXX central time. I spoke with XXXX Representative XXXX XXXX about my account, and she seemed knowledgeable and did confirmed that my account should not have been reported past due because as of XX/XX/XXXX my account was a month past due but payment made brought my account to XXXX. Meaning this reporting to the bureau in Month of XXXX is inaccurate. She even advises that I call in few days and that she will refund all late fee. She even added that she will move my loan due date to align with payment plan date which apparently is contributing to late fee. In a nutshell, XXXX knowingly schedule payment plan date outside of payment due date and collect late fees. Know this information should be disclose to client such that if payment plan is schedule far from due date could lead to involuntary late fees. iF clients have this information, they will obviously prefer a payment date that does not incur late fees. \n\nI would like to start by directly pointing what transpired me to write this letter of credit report dispute. The issue is in reference to loan # XXXX. For the longest I can recall this loan has been on an auto draft in the amount of {$91.00} and periodically I will call XXXX to check to make sure XXXX does not need anything from me. About 4 months ago to this day, XX/XX/XXXX, some of my loans were coming out of a repayment plan. I called XXXX asking what is needed to enroll back into the repayment plan and how much to set my auto draft payment. I was informed of all that was needed on the call, I then set up an auto draft as always including loan # XXXX. Today XX/XX/2023, I received a notification from the credit bureau showing that my credit score drop about 60 points one of the reason I was inform was that loan # XXXX was reported having missed payments ; however when I look at my monthly auto draft set by XXXX, all my payment seemed have been made. I called XXXX to see what is going and no ones can seem to explain what is going on. When I scheduled my payments few months ago, I was never told that loan # XXXX payment is more than {$91.00} and to that point I am not even sure if that is the issue as my payment history show that I was paying exactly the amount due, interest amount, please reference payment history of loan # XXXX. To conclude this first part of my issue with XXXX, stuff constantly provided incorrect information, set up incorrect payment plans, no one contacted me or emailed me about payment issue. I almost always call to ask what is going on, but I would think that XXXX would have been the one contacting customers about payment and not the other way around where customers are calling to make sure they are not falling behind and not know. Here I am asking that XXXX not only remove the recent credit report to the bureau but remove past late payment as these were also similar issues where I was told to make my payment which I did and still got reported simply because the amounts that were being drafted were not enough even though they were the exact amount that XXXX reps scheduled to be drafted to satisfy my payment. If these issues are not fixed with the bureau, I will follow a formal complaint with the CFPB, FTC and file a lawsuit for all financial burden the damaged you inflicted to my credit due to XXXX inability to be truthful, transparent and own its end of the bargain as related to misleading clients with false information. \n\nFYI- On XXXX XXXX, I called XXXX at about XXXX XXXX Central time and spoke with a gentlemen name XXXX, I have asked for his last name or employee ID. He stated that he is the only XXXX at XXXX which I found it hard to believe. Goes to show what customer face day to day when calling XXXX. If you pull and listen to the call, I have asked XXXX to confirm that my payment plan set up on XX/XX/2023, call is correct in that all monthly payment are set on an auto draft included loan ending in XXXX. XXXX confirmed yes. I also ask to confirm auto draft amount for loan ending in XXXX. XXXX confirmed {$91.00} which is only about {$.00} more than previous auto draft for loan ending in XXXX. This means that indeed loan ending in XXXX has been drafted correctly in the amount of {$91.00}. I then asked if auto draft for loan ending in XXXX is correct then why did XXXX reported 60 days past due on my account. XXXX responded that payment for XXXX and XXXX were not received, and payment made in XXXX was return unpaid. I one find this to be incorrect, one if XXXX and XXXX payment is missing wouldnt payment made in XXXX, XXXX, XXXX, XXXX and large payment on this loan ending in XXXX made on XX/XX/XXXX in the amount of {$310.00} take care of {$91.00} XXXX and XXXX XXXX? in fact when reviewing attached account history, you will noticed that in XXXX payment reverse was put in back of loan after speaking with a rep to set up a payment plan Please note that everything on my account, activities, payment etc are result of conversation with reps as I do my very best to follow their instructions and set up payment plans, auto draft etc. either way account XXXX should not have been reported as all payment on this account are up to date for last 12 month and any missed payment would have been reconcile with large payment in the amount of {$310.00} made through the rep who actually stated that is what I needed to pay. Also based on my account history my payment in the amount of about {$740.00} was processed and withdrew from my bank account on XX/XX/2023. Please see both my bank account record, check record and XXXX record showing payment made and processed successfully on XX/XX/XXXX. This goes to show that not only information provided by XXXX rep is inconsistent with the expectation and actual action that take place, but also that when there is an issue there is a lack of communication from XXXX and I am always having to call to know what is going on. I would assume that before reporting to credit bureau XXXX would have made an effort to contact me in the last 4 months, but they did not. Also looking at my account even though I have payment scheduled on auto draft I am incurring late payment each and every months. Could it be that auto draft set on payment past due date incurs fees? If yes, this should be disclosed to client otherwise we are under the impression that we could be a payment date regardless of due date. At least in my case I am charge fees each month for past years which I would like reverse. \n\nTo show so much disconnect among reps at XXXX, I called back later today XX/XX/XXXX and here is what was the conclusion from another rep which is makes more sense than all the other reps. Please pull conversation record and check for yourself, XX/XX/2023, at XXXX XXXX central time. spoke with XXXX Representative XXXX XXXX. \n\nOn XX/XX/2023, at XXXX XXXX central time. I spoke with XXXX Representative XXXX XXXX about my account, and she seemed knowledgeable and did confirmed that my account should not have been reported past due because as of XX/XX/XXXX my account was a month past due but payment made brought my account to XXXX. Meaning this reporting to the bureau in Month of XXXX is inaccurate. She even advises that I call in few days and that she will refund all late fee. She even added that she will move my loan due date to align with payment plan date which apparently is contributing to late fee. In a nutshell, XXXX knowingly schedule payment plan date outside of payment due date and collect late fees. Know this information should be disclose to client such that if payment plan is schedule far from due date could lead to involuntary late fees. iF clients have this information, they will obviously prefer a payment date that does not incur late fees. \n\nIssue 2 - issues experience over the years with XXXX Many times, there have been disconnect among staff members at XXXX. Many times, I have called and seems that each time I am provided different information and wrong information. Reps at XXXX actually acknowledged many times that previous reps have be incorrect etc. If stuff at XXXX cant speak the same language, I dont know how we the general public are supposed to understand what you are saying. I can truly say that Ive been misled over the years many times over by XXXX, which cost many credit reporting and credit issues, high interest on car loan, denied mortgage because of XXXX report dropping my credit score to an all-time low. Note, I have 9 loan and whenever a report is sent it may have 9x impact to my credit report. Note on may occasion I have noticed XXXX withdrawing payment from my bank and apply 2 payments on 1 loan. I have voiced this issue in the past and XXXX acknowledge this unauthorized transaction and always end up saying sorry and apply the extra payment to future loan payment. This practice should be illegal and should have serious implication as most people do not have money laying around for overpayment on a loan. \n\nMany times, Ive had to rely on the information that is provided by XXXX representatives, but seems like no matter how much I try to rely on the information I receive, I must proactively call to check to make sure everything is alight and even then, seems like XXXX finds a way to mess up my account, auto draft etc. At this point I have concluded that information receives from XXXX going forward is not reliable, it is often inaccurate and leaving customers is a mess and financial hardship. \n\nWith every case there must be evidence and concrete examples. Ok, lets go back to my earlier issue # 1, I called XXXX around XX/XX/2023 to make sure all my payments are made and check on re payment plan expiring and set up a new plan. Rep explained everything and ask that I pay about {$740.00} to re-enroll in payment plan satisfying all loans and set up auto draft for all 9 loans. At this point I understood the following, make payment, schedule auto draft and just monitor that payment auto draft. Now we pass the month of XXXX, XXXX, XXXX, XXXX while payment are being drafted as agree, in the backend loan ending in XXXX is being underpay something I did not know, no one called, no email or mail about an under payment if that is even the issue which I am to clear with XXXX. Another issue, no one seems to know what is going on when something goes wrong. \n\nDue to your mistake and misinforming me of payment amount drafted each month if and again if the issue is really underpaying. The issue could be bigger than that meaning that you maybe wrongfully charging amounts and incorrectly allocating them. Either way I am asking that you clean up my credit report and remove these wrong credit report due to your stuff wrong directions and information. Also you will notice that there is no record of someone reaching out to me in XXXX or XXXX about late payment or credit report. Think about this, now why would I pay all my loans each month only to leave out a small amount that is not been drafted from my account? I definitely know that paying loan is to avoid credit report, but seems like here paying my loan auto draft each month sent me to negative credit reporting.","date_sent_to_company":"2023-09-24T01:54:35.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"75039","tags":null,"has_narrative":true,"complaint_id":"7594306","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2023-09-24T01:54:32.000Z","state":"TX","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Account status incorrect"},"highlight":{"complaint_what_happened":["Today XX/XX/2023, I received a notification from the credit bureau showing that my credit score drop about 60 points one of the <em>reason</em> I was inform was that loan # XXXX was reported having missed payments ; however when I look at my monthly auto draft set by XXXX, all my payment seemed have been made. I called XXXX to see <em>what</em> is going and no ones can seem to explain <em>what</em> is going on."]},"sort":[8.300628,"7594306"]},{"_index":"complaint-public-v1","_id":"7845596","_score":8.085151,"_source":{"product":"Credit card","complaint_what_happened":"Having been a Capital One Venture One account holder in good standing for a number of years, I was deeply troubled by how my fraud alert issue was recently handled, prompting a formal written complaint to their Corporate Headquarters by certified mail on Tuesday XX/XX/2023 What began as a potential fraud alert on my account in response to a purchase I attempted to make on XX/XX/2023 devolved into a complete systems failure by Capital One to have additional protocols in place to process identity verifications. Following a week of attempts to verify my identity, I was permanently locked out of my account, in spite of submitting numerous forms of valid state and federal identification, as well as requested support documents. \n\nAs a result of this completely avoidable and easily remedied action, my account is now permanently restricted. I can no longer use my credit card nor access my XXXX plus hard earned awards points. \n\nHow could this happen? \nI will recount the details of my unfortunate exchanges with Capital One Venture One as thoroughly as possible. \n\nOn XX/XX/2023, I attempted to make a purchase in the amount of {$1900.00} for a newsletter subscription to XXXX XXXX, a financial newsletter subscription service. \nI received an alert via phone and email that I needed to call to verify that I indeed was making this purchase. \n( Typically, with past alerts, I have received a simple text asking me to respond with either a ( Y ) es, confirming the purchase, or a ( N ) o, which would signify that there was an attempted fraud on my card. I did not receive that. If I had, this matter could have been resolved in seconds. ) At that time I proceeded to call Capital One to confirm that I did indeed authorize the {$1900.00} charge, and that there was no attempted fraud. After that call was made the representative lifted the fraud alert, allowing me to access me credit card. \n\nHowever, just moments after it was lifted, the fraud alert was reinitiated and my account was restricted again.The representative did not explain why the restriction was reinitiated, which I found to be an inadequate response. After pressing the issue, the representative said that the credit card attempted to re initiate the {$1900.00} charge, which flagged another fraud alert, resulting in my being locked out again. Why did Capital One do that? If they had simply allowed me to re initiate the charge myself, I would have verified it was a legitimate charge and the issue would have been easily settled. \n\nI was then asked to provide more information that would once again verify my identity. \n\nAfter doing so, the representative said she would call me back on another line to verify that this was indeed my cell phone number. Unfortunately, that call went right to voicemail, as I had my incoming calls on call forward. We were then disconnected. Events began to needlessly escalate from that point forward. \n\nThe next time I called back, XX/XX/XXXX, I was told that another layer of identity verification was now required. I was somewhat perturbed yet understood that this may be necessary in order to protect my account. Fine. A link was texted that allowed me to send a photo of the front and back of my current valid Arizona State Drivers License. After several attempts I was finally able to successfully upload my ID, but the representative apparently could not see the images. I was frustrated and said I would call back the next morning to attempt the verification again. Hours had ticked by and I had meetings to attend. \nThe next business day, the representative/supervisor I reached said she could no longer send me a text for verification and that I would NOW have to respond via an email link. Ok. Fine.\n\nVia the email link I was finally able to upload my ID. The supervisor said I should wait on the line while she scanned the my drivers license to verify it. This all should finally be resolved, I thought.\n\nUnfortunately not.\n\nThe supervisor returned to the phone to inform me that inexplicably, my valid, current Arizona Drivers License was not able to be verified. I was flabbergasted. I told the supervisor that there must be some mistake as my license is an absolutely current and valid State ID. I tried to send it again. Same result. She could not explain why a valid current form of ID was rejected. This was more and more looking like an internal systems failure. ( I took the photos with my XXXX XXXX XXXX XXXX.which has always taken easily upload-able, readable and valid documents, including various forms of ID. ) The bar code on the ID should have been read properly. \n\nWhen I called back a bit later, I told the representative that I was also in possession of my current, valid Federal US Passport, as I was currently in XXXX for business. Would that serve as an acceptable replacement? The supervisor asked me to submit it. I did. He scanned it, and, after review told me that it was indeed a valid form of identification and that he was able to immediately reinstate access to my account. He apologized for the inconvenience. I thought, well, finally, after 3 days of dealing with this, the issue was settled. However, within minutes of my fraud alert being lifted, it was again, inexplicably locked. My patience at this point was being sorely tested. There seemed to be not only an internal systems failure, but a level of customer service confusion that was needlessly escalating an easily resolvable issue. \n\nWhen I called back to inquire as to why my account was locked again,, I was told I was now required to submit 3 separate pieces of identification : A valid State ID, a Social Security Card and a utility bill verifying my address, account # and billing details. I had access to all 3 back in XXXX XXXX, but I could not respond until I got back home Tuesday, XX/XX/XXXX. I was informed that my valid, Federal current US Passport was not an acceptable, even though after scanning it, they said it was deemed a valid Passport. ( I used the same XXXX XXXX to upload that document fyi. ) There was no reason given as to why. This was becoming a tremendous inconvenience. However I was sure it would all be resolved as soon as I presented all required documentation. \n\nWeek 2 : XXXX XX/XX/2023 I called Capital One that morning, and after being connected with yet another Supervisor, I explained what had happened the previous day ; that my account was unlocked after uploading a copy of my US Passport and then inexplicably restricted again. She had no explanation. Instead she reiterated that I should upload all 3 forms of previously requested Identification. I alerted the Supervisor that my valid Arizona Drivers License had been previously rejected. She could not explain why. No worries, I told her, I also had a valid, current recently issued California Real ID card that I could send instead. I now had multiple forms of identification. She requested I submit both my Arizona Drivers license ( again ) and the California Real ID Card. I did so. My Social Security Card was also uploaded, scanned and verified. My utility bill was sent, scanned and, after calling the utility company with me on the line to confirm, also verified. However, not only was my Drivers License once again rejected but so was my legal, current California Real ID card!\n\nI could not believe that this was happening. I told her that this must be an internal issue. She did not respond. I then suggested that I would be happy to upload my valid Federal US Passport again, ( the same one that a previous supervisor had accepted on XX/XX/XXXX, which had been scanned, verified, and approved, resulting in the initial lifting of the restriction on my account ) At that time the supervisor placed me on hold and then confirmed that a current valid Federal US Passport was not an acceptable form of Identification. It was shocking to me that a valid current US passport was not an acceptable back up form of acceptable Identification.\n\nThis customer service response represents perhaps the single most egregious example of what was becoming more and more apparent ; that Capital One has a confusing, contradictory and deeply flawed identity verification process that does not provide for an effective alternative method of identity verification ; In this case, a valid, current Federal US Passport.\n\nHow could 2 valid state IDs be rejected and a valid Federal US Passport not be acceptable? Baffling. Not one supervisor had an answer for me.\n\nOver the next two days, I spoke to several more supervisors who said that my account would remain locked and that no more attempts to upload documents would be accepted. There was nothing more they could do. At that time I was still able to access my account online. I asked the representative how I could access or redeem my XXXX plus accrued award points if my account was now permanently restricted? The supervisor said that I could not and would not be able to access them. Again, I could not believe what I was hearing. Infuriating. \n\nOn Friday XXXX XXXX, I received an email from Capital One informing me that a new document was available in my account to review. However, when I attempted to sign in to my account, I found my user name and password was not accepted. I was locked out. When I called Capital One to ask why I could not gain access, the representative said that because my account was permanently restricted I could no longer access it. I told him I needed access to my statements so that I could properly prepare expenditures for my 2023 tax returns. He said that was no longer possible ( but confirmed that my Autopay was still in place and that my bank account would still be debited, as always, for the full payment due ).\n\nI was stunned beyond words. Literally stunned. And furious. \n\nOn Friday, XXXX XXXX..over one week since this debacle began, I called and asked the representative where I could mail or email a formal written complaint. She wasnt sure. She said she would try to find out. A supervisor came on the line and informed me that there was no email, or mailing address available to file a formal complaint. Really? She suggested I sign in to my account and send a message. I almost burst out laughing. Obviously, as I could no longer access my account, that would be impossible. She had no response. It was as if I was speaking to a bot. \n\nOn XX/XX/XXXX, I called again, and told the representative that I had received an email from Capital One informing me that an outstanding balance would be withdrawn from my checking account via Autopay on XX/XX/2023. I told the representative that I needed to access to my statements to confirm that the charges were accurate. THIS time, the representative said, no problem. XXXX XXXX would email me my statements for review. I was extremely surprised, because the week before a representative told me that as my account was locked, I would not be able to access my statements.. \nWithin the hour, the statements were sent to me via email. \nAgain, confusing and contradictory customer service responses. \n\nWhen I called the next day to attempt to apply my XXXX plus awards points to my balance due, I was told that as my account was permanently locked, I would not be able to access my awards posts and that my balance due would be extracted from my bank account on XX/XX/XXXX. \n\nI made one more attempt to ask if I could upload my ID 's and supporting materials to see if perhaps this time they would be accepted. I told her that I would even use a brand new XXXX XXXX XXXX camera to upload to see if that might make the difference. She was kind enough to send me a link to do so. She sympathized with my situation however she said she could not guarantee that the department that reviews documents would permit another attempt to upload current, valid documents and ID 's. I told her I thought that was extremely unfair, and that I would be unfairly penalized, resulting in the forfeiture of my Award Points. Was there any recourse.? She could not answer. As of this date, I have not received a response. \n\nThis frustrating and truly degrading series of events is why I sent a formal letter of complaint to Capital One Corporate Headquarters, detailing what has been an exhausting, chaotic, unprofessional, incompetent and utterly unacceptable customer service experience. Again, this should have been an easily and quickly resolved issue on day one, call one.\n\nBy the way, I used another credit card to process the same {$1900.00} charge. It took 10 seconds to approve. \n\nThe issue that now remains unresolved is how I will be reimbursed .... or able to apply my XXXX Award Points against future purchases, if I no longer have access to my Credit Card account? \n\nI am requesting that the CFPB investigate this issue. \nI should be given every opportunity to re establish my account and claim my Awards, or receive financial compensation equalling the full value of my accrued awards. \n\nThank you.","date_sent_to_company":"2023-11-16T18:15:37.000Z","issue":"Other features, terms, or problems","sub_product":"General-purpose credit card or charge card","zip_code":"90068","tags":"Older American","has_narrative":true,"complaint_id":"7845596","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CAPITAL ONE FINANCIAL CORPORATION","date_received":"2023-11-13T19:59:46.000Z","state":"CA","company_public_response":null,"sub_issue":"Problem with rewards from credit card"},"highlight":{"complaint_what_happened":["If I had, this <em>matter</em> could have been resolved in seconds. ) At that time I proceeded to call Capital One to confirm that I did indeed authorize the {$1900.00} <em>charge</em>, and that there was no attempted fraud. After that call was made the representative lifted the fraud alert, allowing me to access me credit card."],"sub_product":["General-purpose credit card or <em>charge</em> card"]},"sort":[8.085151,"7845596"]},{"_index":"complaint-public-v1","_id":"8897285","_score":7.655286,"_source":{"product":"Credit card","complaint_what_happened":"I feel compelled to share my deeply disheartening experience as a long-standing cardholder with American Express, having applied for my first card in the early XXXX. I hope that by bringing this to light, it will shed some much-needed attention on the company's treatment of its customersespecially its XXXX, XXXX, and less-wealthy customersand the outright absurdity of my own situation, along with the inhumanity with which American Express handled me. \n\nMore than twelve years ago, I became an American Express cardholder, valuing the membership rewards points that came with it. I chose the XXXX XXXX, which had a promotion awarding XXXX bonus membership rewards points if I spent XXXX within the first 2 or 3 months. Throughout the years, I diligently saved these points, trying to hit every bonus I could, always using the Amex instead of other cards solely for that purposealthough It was my only charge card, and thus, not as easy to spend so much on. However, I did this for years, not spending a single reward point, hoping that someday, I would be able to use them for something meaningful. Throughout these last 12 or 13 years, I remained consistently committed to making timely payments and maintaining a good standing with American Express, which I did, invariably. \n\nHowever, when the COVID-19 pandemic hit, my life took multiple devastating and unexpected turns, as was the case with most of the world. However, it was particularly difficult for me, as I had just graduated XXXX XXXX in the heart of the pandemic, and, in addition to my planned career being turned upside down, I began to suffer from rapidly XXXX XXXX, which I had never experienced before. Suddenly, I found myself in and out of hospitals and doctors appointments; constantly in need of medical attention; struggling to make ends meet; and having no idea what was going on. Additionally, as a result of my consistent XXXX XXXX and career uncertainty, I was forced to move 3 separate times since XXXXall throughout the state of XXXX XXXX. \n\nTowards the beginning/middle of XXXX, my bills became too much to handle as a result of constant, unexpected medical bills; the coincidental costs relating to all those issues; and my required absence from work at multiple points as a result of the same. Despite my situation becoming unmanageable, I made certain to keep American Express informed of the state of my affairs, advising them at any point I believed I might have a payment issue (there were very few, and most did not come to fruition). However, I eventually advised the company at the end of XXXX (XXXX) that I had no choice but to enter into a hardship payment plan, as a result of the myriad of medical bills, stillXXXX XXXX, and time off of work that I was being forced to endure. I made each of my required payments on time, as promised, and remained in good standing for the entirety of my hardship period (1 year). \n\nHowever, XXXX brought even more difficult times somehow, again rife with constant, unexpected, and XXXX XXXX XXXX. Quickly, I was rendered wholly unable to perform my job as an XXXX as a direct result.  As such, I was forced to take a XXXX leave of absence (from my brand new career) from XXXX XXXX  to XXXX XXXX. Prior to the rise of my XXXX XXXX in XXXX, I had never taken so much as a weeks vacation from work in my life. However, nothing had ever quite affected me like XXXX. And just like that, my head slipped under the water. \n\nInitially, I was not paid when I stopped working for nearly 3 months while I waited for all the doctors and paperwork to come together. Once I started receiving XXXXy pay, it was far less than half of what I had been making at work. Meaning it was far less than the salary I had based my house payments on, car payments, loans, willingness to pay to see XXXXXXXX XXXX; and everything else you can imagine. Additionally, I had just been flooded from my home 2 months before (XXXX, and was required to pack my waterlogged life: find a new home; and move into it, within one weekend (3-4 days, actually). Of course, the majority of my personal belongings, as well as tens of thousands of dollars in items I had collected and treasured my entire life (in planning for the future), were destroyed without a warning. \n\nWith that being said, by XXXX XXXX XXXX, the cost of XXXX XXXX; XXXX bills; XXXX; moving expenses; replacement clothes (and life); bills that had already piled up; XXXX loans becoming repayable; and a myriad of other unexpected, yet required, expenses, found me in an extremely bad way for the remainder of XXXX, and, in fact, to this day. Of course, the state of my finances at that time meant that I was left without money to even see necessary doctors on severalreally, severaloccasions. \n\nUnsurprisingly under those circumstances, my XXXX XXXX XXXX XXXX XXXX. Since my life had become utterly impossible as a result of the storm I found myself in, I was, in turn, prevented from returning to work for an even longer period of time.  \n\nDespite keeping American Express informed about my situationand diligently adhering to the payment plan I had worked out with them, although my situation was steadily declining instead of improvingmy overall financial burden became beyond overwhelming. I was in a dire situation and didnt know where to turn. \n\nAlthough I faithfully made each payment to American Express for the entirety of my hardship program, when the program finally ended in XXXX XXXX XXXX, I was simply treated as broke and worthless by American Express, for lack of any other fitting description. \n\nIn XXXX, American Express sent an email advising me that the program had come to an end and that payments would continue as normal. Just one month later, in XXXX XXXX, I found myself unable to make the payment for that month due to my ongoing XXXX XXXX and financial struggles (at that time, specifically). I had hoped to bounce back from the missed payment quickly, seeing as I had managed to stay on track for a full year, despite barely working. I also assumed, foolishly, that American Express would simply treat my situation as one missed payment, rather than a malicious attack on the companys pockets. So, naively, I set my sights on XXXX, hoping things would get better for me soon and I would be all caught up. \n\nThat is not what happened. Instead, XXXX XXXX XXXX XXXX XXXX  and, in the first week of XXXX, I was forced to travel halfway across the country (14 hours away from my home in XXXX XXXX), to receive XXXX XXXX XXXX at a XXXX XXXX XXXX. I was required to remain there, under XXXX XXXX, until late XXXX. During that time, I was completely detached from any semblance of my normal life. I didnt really have many other options. \n\nHowever, once the XXXX XXXX due date passedand despite the circumstances I was facingAmerican Express began sending nonstop emails. Almost immediately thereafter (within a week or two), the emails turned to inconceivable threats to cancel my account; take all the rewards points I had amassed over 12 years (instead of using them to cover my one missed payment); report my account to collection agencies; and anything else that one could imagine. Keep in mind, my hardship program had just ended less than 4 weeks prior; I had stayed on track throughout the entirety of the program; I had kept American Express updated as to my serious situation; and I had paid on time for 12 years prior.\n\nOn XXXX XXXX XXXX, when I had been checked in to the XXXXXXXX XXXX for about a week, Amex sent an email stating my account was now past due 2 months, and my total past due balance was XXXX.  On XXXX XXXX, Amex sent another email (with multiple in-between), stating, If we do not receive the total amount due on your statement for two or more consecutive billing periods, your account will be reported as past due to the credit bureaus. The next day, XXXX XXXX Amex sent another email advising the past due balance was still XXXX. On XXXX XXXX, Amex emailed stating, It is urgent that you make a payment for the past due balance by XXXX to avoid:\nNegative credit bureau reporting & Additional late fees, and indicating the past due amount of XXXX, still. \n\nDuring the period Amex emailed mefrom the beginning of XXXX until mid-late XXXX XXXXI was XXXX XXXX XXXX XXXX XXXX XXXX, half of a country away from my home and family, and unfortunately did not have the means to communicate with any credit card companies. As such, I did not receive their multiple correspondences. \n\nOn XXXX XXXX XXXX, Amex sent an email advising: Heres what may happen if you dont respond in time: Your account(s) may be cancelled. You may lose any rewards you have pending with American Express, if applicable.\nIf your consumer account is reported to credit reporting agencies, your account will be reported as past due if we dont receive the total amount due for two or more consecutive billing periods. an what may happen if you dont respond in time: Your account(s) may be cancelled. You may lose any rewards you have pending with American Express, if applicable. If your consumer account is reported to credit reporting agencies, your account will be reported as past due if we dont receive the total amount due for two or more consecutive billing periods. At that time, the balance had increased just XXXX, amounting to a total of XXXX. I unfortunately did not see this correspondence. \n\nThe day after XXXX, Amex sent another email. This email did not mince words. Amex stated that I had 1 week to pay my balance (until XXXX XXXX XXXX), or it would result in: (1) cancellation of my 12-year old account; (2) rescission of every one of my 100,000 rewards points (saved over the course of 12-13 years)INSTEAD of applying ANY of my reward balance toward any past-due balance, although the past-due balance would have been far more than covered with my earned points; and (3) reporting my delinquency to all collection agencies without delay. All of this, over TWO missed payments for a total a past-due balance of less than XXXX. \n\nIt was, and still is, bewildering to try to comprehend how a company could be so quick to terminate a long-standing account and discard the loyalty and trust built over the course of 12 years of on-time payments. This is separate and apart from the utter lack of human decency in the companys rush to these inexplicable actions while they were awareor should have been aware! of my circumstances after more than a year of me discussing it with representatives a multitude of times. I believed keeping the company aware of my situation and making whatever payments or arrangements I could to stay on track for the whole program would benefit both parties in the long run. However, I was wrong. I would be shocked if American Express had one single piece of paper documenting anything about the unbelievable hardships that I foolishly discussed with them like someone there cared. To be fair, Im sure there is a record of me requesting to be enrolled into the hardship program! The company just does not care why; what happens to their customers before, during or after these periods of hardship; or how long their customers have been ideal debtors before they become ideal XXXX for falling into XXXX XXXX or financial troubles. \n\nAmerican Express wants on-time payments. Thats all. \n\nOn XXXX XXXX XXXX, my electronic statement indicated that all of my rewards points were present in my account. \n\nOn XXXX XXXX, Amex sent an email officially notifying me that they had indeed canceled my 12-year old account. The email also mentioned that I had a limited window of 90 days to redeem any earned membership rewards points, after which they would be forfeited. It was right before this final email that I returned to XXXX XXXX to try to begin addressing the catastrophic upheaval that had unfolded in my life.\n\nOn XXXX XXXX, Amex emailed advising there were, Three steps to get a new American Express Card, and providing the ways I could bring myself back into good standing with the company (or so I thought). The body of the email read:\n\nXXXX, take advantage of your current offer. Heres how the program works:\n\nCheck\t\nChoose from available payment plans or build your own.\n\nCheck\t\nBe sure to make your payments on time.\n\nCheck\t\nFinish the program successfully and you can apply for an American Express Optima Credit Card (exclusions apply, see below).\n\nWhen I got caught up on all of these emails, and was made aware my account was cancelled after two months of missed payments, I contacted American Express as soon as I could to explain the situation and establish another payment plan to cover the past-due amount (even though I still was not able to begin working). I arranged the payment plan before XXXX due date, and paid XXXX  on time. Not only did I make a payment plan, but upon receiving my first check from work, I made payments on my account above and beyond the agreed upon amount, clearing my past due balance almost immediately.  I discussed the new card with the rep, that I believed would re-start my membership with Amex once I was current (based on the XXXX XXXX) email, and fully believed that I would be in good standing very quickly \n\nWhat I never would have expected is that during that time, American Express had no intention of continuing a relationship; they were silentlyand knowinglynudging me along into entering payment plans, discussions of new cards soon, clearing my balance as quickly as possible, feigning concern for my well-being, etc., etc., all while deliberately a hutting the door on my opportunity to reclaim my membership points within 90 days of notification of cancellation. Their XXXX XXXX email stated consumers have 90 days from that notification to reclaim their points. I was on the phone with American Express before my XXXX XXXX due datenot even 30 days laterdiscussing my account, my hardship, making a plan to pay my balance quickly with money I did not have, and speaking about going forward with Amex from that point. \n\nNow, in XXXX XXXX, with a current account, I first discovered all of my points are gone. I contacted American Express today and spoke with 3 employees, and one supervisor. I spoke calmly and explained the situation, certain that once an employee with management responsibilities heard my situation normally, it would be handled without any issue at all. I mean, how much clearer could it be?\n\nEvery employee at American Express today advised me there is absolutely \"nothing\" they can do about the rewards points. Despite the fact that they know I was in touch with them 60 days before my deadline to claim the points. And despite the fact that the only reason we didnt discuss points in XXXX is because I was concerned with paying the company what I owednot my own points. I mean, American Express cant use them, so why would I worry they would try to steal them from me? The answer is: some companies simply do not care one single iota about the wellbeing of their consumers. And sometimes, its the same company that proves this over and over and over again. \n\nI have been actively making payments throughout this time; contacting Amex to discuss each time I cant; diligently working to clear my balance any time one has accrued; and expressing my desire to rectify the situation with the company as soon as I learned there was one. In return, I was met with a cold and inflexible response that showed me, once again, how quickly American Express will throw their consumers away when they have a single reason to believe the consumers social status has dropped.  \n\nThe realization that my hard-earned rewards points, accumulated over a decade and never touched, had been sneakily taken away from me 2 months after I contacted Amex to resolve this issue, is a blow that I wish was not so devastating. To witness my rewards accumulated over 12 years vanish, while I actively made payments and resolved my balance, is both heartbreaking and unjust. Especially when considered with the fact that the points could have resolved every single issue that now will plague me for years to come  late payment reporting, my oldest credit account closed; it just goes on.  The company has no time to waste thinking of trivial matters like this. \n\nThe treatment I have received from American Express has been nothing short of disgusting and inhumane. Despite my loyalty and efforts to rectify the situation, the company has shown a complete lack of empathy and understanding, which, unfortunately, is 100% par for the course. I have never seen American Express even endeavor to do the right thing when a customer has an issue. The first step to fixing the problem has to be to care.\n\nIt is my sincere hope that by sharing this story, other cardholders and the public will gain a deeper understanding of the rampant and pervasive, unethical treatment and lack of compassion exhibited by American Express in its daily workings. Unfortunately, I have to believe the Amex employees attitudes towards their customers who are facing hard times must be passed down from upper management. And that is a shame. \n\nHowever, if that is not the case, and the Executive/management team at American Express does not condone this flippant disregard for the well-being of its consumersespecially in the wake of the pandemicI really implore them to please, please contact me. I know that Im not getting anything back, Ive been down this road before. But I would like to hear that you at least care. You must understand that your actions, and your companys actions, have real, significant, and often times extremely negative impacts on the financial, physical, and mental well-being of innocent people all over this country. During these crazy times, its especially important to put yourself in someone elses shoes every now and then.  \n\nWhoever reads this, thank you for your time. I hope that raising awareness of this matter is all that will be required for American Express to maybe just take a look at its policies and treatment of customers, just to make sure those things comport with good business practices, and with being a good human, generally.","date_sent_to_company":"2024-04-30T18:28:30.000Z","issue":"Other features, terms, or problems","sub_product":"General-purpose credit card or charge card","zip_code":"077XX","tags":null,"has_narrative":true,"complaint_id":"8897285","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"AMERICAN EXPRESS COMPANY","date_received":"2024-04-30T18:22:07.000Z","state":"NJ","company_public_response":null,"sub_issue":"Problem with customer service"},"highlight":{"complaint_what_happened":["Check\t\nFinish the program <em>successfully</em> and you can <em>apply</em> for an American Express Optima Credit Card (exclusions <em>apply</em>, see below).\n\nWhen I got caught up on all of these emails, and was made aware my account was cancelled after two months of missed payments, I contacted American Express as soon as I could to explain the situation and establish another payment plan to cover the past-due amount (even though I still was not able to begin working)."],"sub_product":["General-purpose credit card or <em>charge</em> card"]},"sort":[7.655286,"8897285"]},{"_index":"complaint-public-v1","_id":"11088292","_score":7.1737595,"_source":{"product":"Money transfer, virtual currency, or money service","complaint_what_happened":"Thank you very much for taking the time to review this complaint on my behalf. My name is XXXX XXXX XXXX XXXX : XX/XX/XXXX and I have a checking account with Bank of America ( Account No : XXXX ). I will now explain what occurred which is what led to me making a complaint here. The claim number that Bank of America provided is : XXXX On Thursday, XX/XX/XXXX, I was in XXXX, XXXX XXXX visiting an area where I was having a meal at an establishment. It was on this day, that while in the premises my phone was stolen while I was having my meal. The device in question was an XXXX XXXX XXXX XXXX and it had contained access to my bank apps and other sensitive information. I also had other items stolen, but it was this item that ultimately led to the fraud incident happening. There is a police report that the bank has on file, of which I had submitted on XX/XX/XXXX, which details the nature of the incident extensively. The officer in his report specifically stated that Fraud and Theft had occurred. \n\nAfter my device was stolen, there were a multitude of changes that happened to my account, the fraudster had changed all of my contact information through the app, they had deleted payees, added payees, and then deleted my own contact information and then added their own fake contact information which were fraudulent phone numbers. It was after this, that the fraudster then had transferred all of my money out of my other account, into the above checking account as mentioned above. The fraudster through the app on the stolen phone, was able to move {$510000.00} into that checking account. Immediately after that, they had deleted other contact information and added their own information into \" Secure Transfer ''. The fraudster then setup a wire transfer online to a payee they added called \" XXXX XXXX, XXXX XXXXXXXX XXXX ''. All of this activity should have triggered some sort of fraud alert on my account but apparently did not. The fraudster was then able to setup this transfer in a matter of hours, with no verification other than the code that was sent to the phone numbers they had added, which according to an advisor named XXXXXXXX XXXX XXXX were what he described as \" Voiped Numbers ''. ( XXXXXXXX XXXX XXXXXXXX ). I then learned that this transfer was successfully sent out on XX/XX/XXXX, with no verification done from the bank, other than relying on what they said was a \" Text Message code to the phone numbers that the fraudster had added, IE the voice over IP number. At no point, did the bank ever try to contact the numbers, nor did they even attempt to stop the transfer despite all of the red flags that were everywhere with the transaction, especially with the transaction being nearly every dollar I had across all of my accounts with Bank of America. Plus, the fact that the transfer was for over half a XXXX dollars. Now the next part I will explain, as this involves substantive conversations with the employees from the fraud department who are handling my claim. \n\nOn XX/XX/XXXXXXXX XXXX XXXX XXXX XXXX I had tried calling the bank and begging them to assist me with filing a fraud report over the phone with what had occurred. I had tried calling before as well on a few occasions, each of these times they said they could not speak to me and that they required me to attend a branch location with two forms of ID. I had pleaded to them that I was in the XXXX XXXX, and that under the circumstances it would be very difficult for me to fly to a branch as it would be very expensive, and that given the fraud incident this would be hard for me to do as I was nearly out of money. The fraud incident nearly took everything I had, as the transfer was for {$510000.00}. So then, I had to use a credit card to facilitate my flight and hotel costs for me to travel to XXXX, Florida from the XXXX to attend a branch and report the incident. On XX/XX/XXXX, I had gone to a branch in XXXX, Florida with the assistance of banker XXXX XXXX who had assisted me call the wire department and file a fraud report under Regulation E. The associate was very helpful and could not understand how all of this was able to be done via the app and without any sort of formal checks. \n\nAfter this point, the fraud report was filed with the claim number XXXX. \nSince this time, I have been calling the fraud department every day, sometimes multiple times a day for updates and information. On XX/XX/XXXX I was informed that the Analyst who is charge of my case left a note on file about the phone numbers that the fraudster used, it was the agent who told me that the note essentially said that the numbers involved were highly consistent with fraud, and that the analysts had discovered that they were \" XXXX XXXX XXXX numbers ''. These were the numbers that the fraudster had used to conduct the transfer. I then spoke with XXXX XXXX XXXX on Friday XX/XX/XXXX, at around XXXXXXXX XXXX XXXX It was during this call that I learned so much more information, and where he had made several compelling admissions to me about the process involved etc. I will now explain this call in full detail. \n\nDuring my call with XXXXXXXX XXXX XXXX, he explained that the bank had put in a request to XXXX XXXXXXXX XXXX, which received the stolen money. He said there should be a response soon. We then discussed the nature of the entire incident ; he could not believe that this transfer was allowed to happen in the first place and stated that the amount should have triggered some sort of red flag. I then asked XXXX a series of questions as I know that the phone calls are monitored and recorded. I asked XXXX how this was allowed to happen in the first place, I asked him had he been the one to review that transfer, would he have stopped it. He said that he would absolutely have stopped this transfer, as he saw all of the changes that were made to my account, and had said himself that this transfer should not have gone through especially from online. He said that normally, the bank would at least try to make some outreach to the customer via phone call or something, other than just relying on the code, however in my case the fraudster had their own fake numbers to approve the transfer. I then asked XXXX of the person involved had followed the correct rules about the transfer, and I think they were negligent. He said that this would likely be a \" Terminable Offense '' as he explained that \" Basically, clearly that person didn't follow the appropriate rules, and if the fraudster had spent all the money, that this would be a loss directly out of bank of America 's pockets, and that person from the detection unit could have caused a loss for bank of America of XXXX XXXX XXXXXXXX dollars. He said that if that was the case, he is certain that leadership would deal with that person, and I asked him if it was possible for me to make a complaint against that employee for approving the transfer despite all of the red flags that were present throughout the process. He then told me that their leader will review their actions, and they would deal with the person directly, that is when he described \" Terminable Offenses ''. A lot of employees who I have spoken with have made admissions that this transfer should not have been approved, and I will if my claim is not resolved, bring legal action against the bank for negligence and use our phone calls as evidence as they were all recorded. My claim still has not been resolved, and they have refused to provide a temporary credit, which is a clear breach of the regulation that deals with these types of fraud incidents. Overall, the entire claim appears to be mismanaged all together for reasons I will explain next. \n\nAfter I spoke with XXXX on XX/XX/XXXX, I had spoken with someone else on the XXXXXXXX XXXX XXXXXXXX. They told me there was a note on the claim, and the note said that \" XXXX XXXXXXXX XXXX had rejected the recall request, but not because of fraud, but due to not receiving the correct paperwork from Bank of America ''. I was then informed that there was a new batch of paperwork sent to XXXX XXXX, but that they have not responded yet. At this point, I was becoming for frustrated and exhausted with the entire process. I asked for a series of escalations, and I had even requested a hardship review for a temporary credit. Of importance, this was way after the XXXX Business days and the bank had still not provided a credit, even to this day as I write this complaint. I was told that the hardship request would take up to XXXX hours, and that I would get a response. Well, that response never occurred. I never received an answer to my escalation, or to the hardship request. On XX/XX/XXXX, I spoke with XXXX from Delaware, who was very helpful and tried his absolute best to assist me, knowing my frustration and by this point he could see that I had spoken to over 30 different advisors by this point. He explained to me that all of Bank of America accounts are insured up to {$990000.00} for fraud, and that because of the amount if they did not approve a full temporary credit, they would approve 10 % of the disputed amount based on his experience. He told me that once I get a police report, or a phone report from my XXXX, that would help things move swiftly to conclude my claim. I was also told that my analyst was out of the office from XX/XX/XXXX, - XX/XX/XXXX as she was scheduled to work but was not in the office most days. \n\nOn Monday XX/XX/XXXX, I finally received my police report from the incident. I immediately went to the branch and submitted this report via fax. The report was significant, as it has stated that Fraud and theft occurred, and was very detailed about what had occurred. I figured that this must help bring my case to a swift conclusion, but I was wrong. The Bank have still not been responsive to escalations, and that there's essentially been no update at all. By this point, I have probably spoken to at least over 50 advisors from the fraud wire unit. \n\nI then spoke with XXXX from Delaware on Friday XX/XX/XXXX, and he was very helpful and polite. He was able to \" Ping '' my analyst for the first time, this was the first time that we had been able to contact her, as before this it was impossible to get a hold of her or get any updates. She replied to him the following \" Rest Assured, the claim is now with the Legal Department ''. She also told him that any credits would be applied to the account where the fraud and stolen money came out of. I believe her name is XXXX or something similar. XXXX had also asked her if she had read the police report, to which she said she had done. This was business XXXX XXXX of my claim. He said in his experience this was the final stage, and that my claim should \" definitely be approved ''. He also emphasized the words to me \" Rest assured '' because that is what the analyst wrote to him. Rest assured is term to be positive about a particular outcome and not to worry. I felt better that he had told me this. However, today when I called it feels like we are back at square one. As a result of this entire fraud incident, I have incurred significant expenses, the bank has refused to apply a temporary credit even though the evidence is overwhelming that fraud has occurred, and that the police report confirms the same, as well the original notes from the analyst on XX/XX/XXXX, about the fraudster 's phone numbers. As mentioned above, I even have had advisors confess to me that mistakes have been made, especially with how the transfer was approved in the first place. Refer to XXXX from Arizona 's phone call with me on XX/XX/XXXX. He also told me that the bank had to send a \" Hold Harmless '' agreement to XXXX XXXXXXXX XXXX \n\nThe fact of the matter is, that the bank has been negligent in allowing the transfer to happen in the first place. It should not have happened, there were red flags everywhere, XXXX even said himself that he would not have approved that wire transfer to be sent had it come across his desk. He said that he would have tried to reach out to the customer, especially for amounts like this. The bank has failed to provide me with a temporary credit, despite already having the police report confirming fraud and theft, and they have been unhelpful all together. There is liability here present with the bank, and I have no doubt that if I begin a civil case, I will absolutely win. I will be relying on the recorded phone calls with bank 's associates as evidence that made admissions about the failures in my case. \n\nThe bank has not concluded my claim at the time of this writing, but if I do not get a conclusion within the next few days, I will begin legal action with the evidence I already have. I am hoping that this complaint will be reviewed by someone within their institution that will understand my concerns raised within my complaint. This fraud incident has caused me significant harm and stress, as well as numerous expenses associated with me having to cut my trip short in the XXXX to fly to a branch as they required me to do. I am very unhappy with the way I and my claim have been treated from the start. The bank already has the evidence they need to prove fraud, so I can not understand what the delay is. As said, I will take legal action if this is not resolved, and I will aggressively pursue such action. Every day that this has dragged on, I have had extended hotel and rental car expenses, because if I return to the XXXX, and if they need me to attend a branch, I will have to fly back. So, I have been staying here local to a branch until the claim is resolved.","date_sent_to_company":"2024-12-09T20:49:18.000Z","issue":"Fraud or scam","sub_product":"Domestic (US) money transfer","zip_code":"385XX","tags":null,"has_narrative":true,"complaint_id":"11088292","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"BANK OF AMERICA, NATIONAL ASSOCIATION","date_received":"2024-12-09T18:53:36.000Z","state":"TN","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":null},"highlight":{"complaint_what_happened":["I then learned that this transfer was <em>successfully</em> <em>sent</em> out on XX/XX/XXXX, with no verification done from the bank, other than relying on <em>what</em> they said was a \" Text Message code to the phone numbers that the fraudster had added, IE the voice over IP number."]},"sort":[7.1737595,"11088292"]},{"_index":"complaint-public-v1","_id":"5158148","_score":7.056217,"_source":{"product":"Mortgage","complaint_what_happened":"The options given for Step 1 and Step 2 don't exactly describe my issues but here 's a long explanation of everything that has been going on. \n\nThis is a dual complaint against Mr. Cooper - their Mortgage Division ( loan # XXXX ) and against XXXX ( Claim Tracking Number : XXXX ) which is one of their subsidiaries. XXXX handles all homeowners claims. Mr. Cooper has too many addresses per se and I didnt know which one to use. I havent dealt directly with them in years. The lawyer representing Mr. Cooper in my modification case is XXXX XXXX and here is his contact information : XXXX XXXX XXXX, XXXX. \nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX MA XXXX ( XXXX ) XXXX ( XXXX ) XXXX ( direct ) ( XXXX ) XXXX ( facsimile ) I will provide XXXX  XXXX info when I get to that part of the complaint. \n\nI want to clarify that I am not currently represented by an attorney but I would like to be. I was represented for the past five years by XXXX XXXX for the purposes of filing a bankruptcy and negotiating a settlement. Litigation at that point was off the table for financial reasons and because I didnt think XXXX XXXX was invested enough in the case to pull it off. I know it probably wouldve been less stressful ( or not? ) to extend XXXX XXXX representation but without getting into too many details, he made too many mistakes and other than filing the bankruptcy, he didnt do much else. Im still very grateful for his service and support though. \n\nThis is my pathetic story. My name is XXXX XXXX. In XXXX, I bought my first home located at XXXX XXXX XXXX in XXXX, MA ( XXXX ) and Ive lived there ever since ; this is my mailing address as well. WIthout any notice, the mortgage companies changed a few times through the years with the last one being NationStar dba Mr. Cooper and thats when my nightmare began. \n\nBack in XXXX, a modification was offered and approved. I successfully completed the trial period and for no reason and without an explanation, they then denied it. I refused to pay the new slightly higher mortgage payments until they honored the modification agreement. Trying to get anybody to speak to me to straighten out the modification issue was impossible. I gave up and when I tried to pay the mortgage payments I had missed, they refused to accept them. Shortly after, I got a foreclosure sale notice in the mail from Mr. Cooper. Mr. Coopers unjustified and unnecessary actions forced me to get legal representation and to file bankruptcy when I shouldnt have had to. Im a teacher and I live paycheck to paycheck and what I had to do to save my house ruined my credit and ruined me financially, which to this day I still havent recovered. The emotional pain and suffering that I have endured since is immeasurable. \n\nDue to the constant stress I was under, I couldnt focus, I was sick often and I was unjustly let go of my job of 17 years as a teacher in the XXXX. Even though the Unemployment Dept reversed my employers decision, the damage was done and it was about to get worse. The unemployment benefits were only a percentage of my salary and I couldnt keep up with Mr. Coopers payment demands. Against everyone 's advice, I withdrew my retirement benefits early to pay for what I owed. Not only did I lose every cent I had saved for my retirement but I lost about {$35000.00} during that transaction due to penalties related to the early withdrawal. I was honest with the Unemployment Division and when I told them that I had withdrawn my retirement benefits, the benefits ceased. I guess they considered my retirement benefits as income. I probably couldve contested their decision but I was too emotionally drained to fight it and in all honesty, they came through for me when I needed it the most so I just let it go. This was the lowest point of my life and Mr. Cooper continued to push but I managed to pay for every cent I owed up to that point and more afterwards ( I have copies of the checks ). \n\nMy payments altogether total about $ XXXX. To make matters worse, the $ XXXX went missing ; that money was never credited to my account which Ive come to find out seems to happen a lot with Mr. Cooper XXXX My lawyer even missed that and when I pushed him to question them, Mr. Coopers lawyer admitted to it. While Im very surprised that he admitted to their oversight, I dont buy it. To me, missing one payment may be considered an honest mistake. Missing crediting my account on six different occasions ( or more ) is no different than illegally withdrawing money from borrowers without their consent, one of the many charges Mr. Cooper has been found guilty of. I have no idea where that money is but thats one of the stipulations that need to be clarified in the settlement.\n\nI believe during or shortly after Mr. Coopers big indictment in XXXX, XXXX XXXX approached my lawyer to negotiate a settlement. A whole year went by and nothing happened. XXXX XXXX didnt contact my lawyer and my lawyer didnt follow up to him either until I insisted. My lawyer finally sent XXXX XXXX a short letter on XX/XX/XXXX and XXXX XXXX responded shortly after, on XX/XX/XXXX, saying that he would get back to him soon. And that was almost a month ago? He has already taken another month to reply and before that he took over a year! What can I possibly do at this point? I dont know if taking months, a year to respond is standard procedure in this type of case and/or amongst lawyers but as my level of anxiety keeps rising, I dont know how much longer I can wait. I dont trust Mr. Cooper - Im scared that they will take back what they said they would include in their settlement, and attempt to force me out of my house again. Their MO is so predictable! and they continue acting this way because they know they can get away with it when their accuser '' is somebody like me, a divorced teacher with no legal representation, and no direction.\n\nAnd thats where Im at with this part of the case. I may be wrong but I dont think their lawyer is going to get back to me any time soon, especially knowing now that Im no longer represented. XXXX XXXX from the DOB suggested I file a complaint through you and I truly hope you can assist me.\n\nLike I said, for years, we have tried to reach an agreement with Mr. Cooper so things can go back to normal but nothing has gotten done, for one reason or another. In order for me to agree to a settlement, Mr. Coopers lawyer would have to 1 ) agree to honor the modification they had agreed on almost five years ago and later withdrew 2 ) pay my former lawyer XXXX XXXX legal fees ( they kind of agreed to that but they don't know the amount ) and XXXX ) offer monetary compensation for my emotional distress. 4 ) He would also have to put in writing that they have waived the mortgage payments in arrears ( he also agreed to that as well but I obviously want him to agree to an amount and put it in writing along with the other conditions ) and 5 ) deposit my $ 33k ( approxly ) into an escrow account or apply it towards my mortgage balance ( as they were supposed to but never did ). \n\nUnfortunately, there is more to complain about. Back on XX/XX/XXXX, my kitchen caught on fire. The kitchen was destroyed and the smoke and soot went all over the house. Ive been living in a hotel since then and its been the opposite of Heaven. Here we are, 9 months later and my house is still not fixed because XXXX, a subsidiary of Mr. Cooper has simply decided to keep the money. Not only they havent released any of the funds but they havent given me an explanation as to why they are doing that either- is that even legal? \n\nThe check from the insurance company I received in XXXX to repair my home was made payable to me and Mr. Cooper. Based on their track history of losing money, I didnt want them to have the check. I tried asking them to endorse it so I could keep it but they refused. I tried to figure out other options with XXXX and that didnt work either. When I asked XXXX XXXX for information about where to send the check, he told me to just send it to him and that he would figure out where to send it. I refused and demanded to have in writing the name and contact info of whoever would be handling my case and a description of their claim procedures. I never got any detailed information from XXXX XXXX about their procedures ; all he gave me was the name XXXX and the address and that took months! Assurants addresses are : Regular Mail Overnight Mail Mr. Cooper Mr. Cooper Attn : Loss Drafts Attn : Loss Drafts XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX, OH XXXX XXXX, OH XXXX Ph # XXXX While waiting for some kind of response from XXXX XXXX, the original check from XXXX expired and I had to contact the insurance company to get another check issued. XXXX was not aware that the home repairs had not yet begun and needless to say, they were appalled. Thats when I was notified by XXXX that my ALE benefits that are currently paying for my hotel stay while my house was supposed to be getting repaired will be terminated at the end of XXXX. Since five months had already passed at this point and with the fear of becoming homeless soon, I felt I had no choice but to send the check to XXXX and hope for the best. \n\nOn XX/XX/XXXX, I reluctantly forwarded a check in the amount of {$26000.00} to XXXX. As I mentioned earlier, this check was issued by XXXX with the sole purpose of repairing the damages done to my property by the kitchen fire. Along with the aforementioned check, I included the insurance repair estimates, the contractor 's report and a Declaration of Intent to Repair form. As its their usual tactic to delay things, they asked me yet for another Intent to Repair form through their website. I immediately filled it out and submitted it and I still havent heard from them once ; not a letter, not a phone call - nothing. Ive also been checking their useless website for updates and there is nothing there either. Not only it doesnt have an updated status but the information is contradicting and deceitful. In one section, it says Were going to take you to Step 3 : Receive Partial Claim Funds. Then the next screen says : Claim Funds Sent to you but when I scroll down, in smaller print, it says funds not yet sent. Again, no explanations. ( I have pictures of the screens ). \n\nI decided to call their Customer Service Dept and that was another nightmare in itself. One of the many reps I spoke to informed me that none of the Customer Service reps could discuss the case with me because my case is coded LITIGATION. Nobody can discuss the case with you, she said. My own case! She then proceeded to give me a list of generic emails to file complaints about Mr. Cooper to Mr. Cooper ( the links on the website to file a complaint, www.mrcooper.com/legal/complaints, don't even work! I also have the pictures of the error messages. ) When I demanded the name of someone with authority that I could speak to about my case, she simply replied that she had no names to give me. This is all so unfair, so wrong. I have never encountered a situation like this where a company wont inform me of whats going on with my own claim and then tells me that theres nobody I could speak to about the situation! \n\nI tried to explain to the CS rep that there is no litigation '' going on, that Ive been involved in a serious situation with Mr. Coopers Mortgage Division for the past 4+ years about a shady modification offer and an unjustified attempt to foreclose on my home but that we are not battling it in court nor am I being represented by a lawyer. I explained further that negotiations for a settlement with Mr. Coopers legal counsel XXXX XXXX XXXX, XXXX on the mortgage case have begun and that I hoped to reach a final resolution soon, one way or another. My explanations didnt matter ; she just kept saying file a complaint with Mr. Cooper . I cant waste my time with Mr. Cooper aymore so here I am, I decided to file my complaints where they matter and where I may have a chance to get some kind of resolution. \n\nAs I mentioned above, my insurance company will no longer pay for my hotel stay after XXXX which means Mr. Cooper is pushing me into homelessness once again. To avoid this from happening, my house would have to be deemed safe and livable for me to move back in and the only way to accomplish that is if the contractor starts working on my house now and finish all major repairs within a very unrealistic short amount of time and with non-existent building materials or appliances as I havent been able to order any of them. And thats if he is available to work. He has been waiting to start this project since I got the first check back in XXXX. Being aware of the situation and Mr. Cooper 's reputation, my contractor will not do any work until I can confirm that the entire {$26000.00} is available to him and that there will be no more issues if and when additional funds are needed. And the same goes for any contractor in the area. \n\nWithout that money, my house wont get repaired - plain and simple. And their unjustified and intentional delays have not only affected everybody involved but the condition of my home continues to deteriorate as its still covered with smoke residue and soot. At this point, when so much time has passed and nothing has gotten done, a partial disbursement or half of the funds now and the second half later is not acceptable. The entire amount is needed now to complete all the major repairs at once and as fast as possible. ( 6 ) They also need to have the LITIGATION code removed from my claim case immediately. ( 7 ) This is something Im sure Mr. Coopers lawyer could request but Im even more sure that it wont happen unless somebody with more knowledge and power intervenes on my behalf. \n\nBecause of the pending settlement negotiations, I have taken a closer look at my case and I was really embarrassed because Mr. Coopers deceptions were very obvious from the beginning and a more aggressive approach shouldve been taken. I started doing my research and thats when I realized that what Ive experienced with Mr. Cooper, thousands of consumers have gone through it as well : the shady modification offers, unjustified foreclosures, repetitive requests for the same information, lost documents/payments, among other unfair and deceptive practices. To their long list, I can add failure to communicate ( a year+ on one case and 60 days on the other ) and misappropriation of funds, for wrongfully keeping the insurance funds that I need to repair my home. I hope you can help me put an end to this nightmare once and for all! I would be eternally grateful!","date_sent_to_company":"2022-01-28T08:23:27.000Z","issue":"Struggling to pay mortgage","sub_product":"Conventional home mortgage","zip_code":"016XX","tags":null,"has_narrative":true,"complaint_id":"5158148","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Mr. Cooper Group Inc.","date_received":"2022-01-28T03:07:48.000Z","state":"MA","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["My lawyer finally <em>sent</em> XXXX XXXX a short letter on XX/XX/XXXX and XXXX XXXX responded shortly after, on XX/XX/XXXX, saying that he would get back to him soon. And that was almost a month ago? He has already taken another month to reply and before that he took over a year! <em>What</em> can I possibly do at this point?"]},"sort":[7.056217,"5158148"]},{"_index":"complaint-public-v1","_id":"6420422","_score":6.966119,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"TransUnion XXXX, XXXX XXXX, a consumer citizen of XXXX sent a letter on XXXX XXXX, via certified mail with request of validation of debts. The letter was received by XXXX XXXX on XX/XX/XXXX. As it pertains to my consumer report, upon information and belief the company is attempting to collect an alleged debt pursuant to 15 USC 1692a ( 5 ). With respect to Account # XXXX, there is no debt owed. This is not a refusal with regard to payment of an alleged debt, but a request that the above claim is disputed and validation is requested ( FDCPA 15 USC 1692g Sec 809b ) in the following order : Full validation such as, confirmation of legal timeline to report on credit and/or collection procedures, validation of licensing requirements, posted bonding requirements, oversight on monthly payment histories, proper subscriber agreement compliance with credit reporting agencies and overall compliance with all FCRA and FDCPA by laws as instructed by federal law. It is upsetting to know such companies do not follow rules and laws. More importantly, companies such as the pursuant above should be held accountable for their actions. According to the FCRA a corporation is required to respond and complete and investigate within 30 days. As of XXXX, I still have not received anything pertaining to a complete investigation. Based upon evidence available to me, there is no debt owed. These laws are to make sure that there is a level of fairness to protect American consumers from nefarious, abusive reporting procedures on credit consumer reports, as well as illegal and deceptive collection practices. Also, I am Federally Protected Consumer and I have strong reason to believe I have been discriminated against by XXXX XXXX XXXX XXXX Account # XXXX in XXXX, they NEVER SENT ME in all those years a Pre Adverse Notices, or NEVER SENT ME a Adverse Action Notices. I have strong reason to believe they have discriminated against me under the Equal Credit Opportunity Act ( ECOA ). XXXX XXXX XXXX XXXX never informed me of my rights. XXXX XXXX XXXX XXXX has the obligation to correct action. ECOA protections extend through the life of loan. This comes about after a consumer sued XXXX XXXX XXXX XXXX for closing his credit card account without providing an explanation ( as required under the ECOA ). The CFPB had filed a friend of the court brief in that case, stating that the ECOAs crucial protections against credit discrimination do not disappear the moment that credit is extended. Rather, ECOA shields existing borrowers from discrimination in all aspects of a credit arrangement. The CFPB released XXXX to reiterate creditors ' adverse action notice requirements under ECOA. I have made multiple attempts over 5 years in writing including certified mail starting in late XXXX to let XXXX XXXX XXXX XXXX know about the many violations and discrimination and under TILA & BILLING ERRORS 15 USC 1666 falsely furnishing negative damaging information \" late payments and charge off \" on these accounts. I have tried to explain multiple times over the years to XXXX XXXX XXXX XXXX what the FEDERAL LAWS says in FCRA 15 USC the term credit card means any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit. And ALL credit transactions ORIGINATE FROM ME THE CONSUMER my signature, my social security number MY INSTRUMENT \" I EXTEND CREDIT '' and it is my right to operate in commerce. Does XXXX XXXX XXXX XXXX know OR care what happens when penalties for not complying with the ECOA happen? Well it states Lenders that violate the provisions of the ECOA face civil liability for actual and punitive damages, the latter of which is limited to non-governmental entities and can amount to up to { {$10000.00} } for an individual claim or the lesser of { {$500000.00} } or 1 % of the lender 's net worth in a class action. \n\nNot only is XXXX XXXX XXXX XXXX appear to be discriminating against me and denying me extending credit they have been damaging my credit worthiness for 5 years now, there tarnishing my name by furnishing negative information \" late payments and chargeoffs '' on my consumer reports as a way of coercion to pay these alleged debts which is \" false misleading representation 15 USC 1692E A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation. It is UNJUST ENRICHMENT and Under 15 USC 1666B Grace period- If an open end consumer credit plan provides a time period within which an obligor may repay any portion of the credit extended without incurring an additional finance charge, such additional finance charge may not be imposed with respect to such portion of the credit extended for the billing cycle of which such period is a part, unless a statement which includes the amount upon which the finance charge for the period is based was mailed or delivered to the consumer not later than 21 days before the date specified in the statement by which payment must be made in order to avoid imposition of that finance charge. Which XXXX XXXX XXXX XXXXXXXX XXXX XXXX this 21 days in advance so why are they furnishing negative damaging information \" late payments & charge offs '' on my consumer reports? I don't know maybe coercion, extortion, and wanting me to be quiet while I'm being violated and discriminated against these past 5 years but I'm not going to be silent anymore or be in fear of them. \n\nAlso there violating my privacy rights under the GRAMM-LEACH -BLILEY ACT by furnishing, spreading, around for profit my NONPUBLIC PERSONAL INFORMATION to non affiliated third parties. I never gave them my lawful or legal consent to share my information. And how can XXXX XXXX XXXX XXXX say '' I owe '' this alleged debt and by them assuming this role to falsely believe they have the Power & Authority to close my accounts when FEDERAL LAW clearly states 18 USC 8 The term obligation '' or other security of the United States includes all bonds, certificates of indebtedness, XXXX XXXX  XXXX XXXX Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever denomination, issued under any Act of Congress, and canceled United States stamps. THE DEBT HAS ALREADY BEEN PAID BY THE UNITED STATES that's what that Federal Law is clearly stating so XXXX XXXX XXXX XXXX can not use the excuse \" because the consumers lack of untimely payments '' as reason to of closed my accounts. I'm just trying to make it crystal clear that I have strong reason that under ECOA there is some Violations and Discrimination occurring. And there is no Law that states a '' a drop in a consumer 's XXXX XXXX '' is a valid reason to deny or cancel a consumer 's extension of credit. So XXXX XXXX XXXX XXXX legally, or lawfully CAN NOT state that either. I'm asking the CFPB to draw on its authority to police unfair, deceptive and abusive practices to rein in lending discrimination against XXXX XXXX XXXX XXXX against me. \n\nSo again XXXX XXXX has yet to address a dispute for a billing error that was raised in XXXX. They were sent payable instruments for the balance at the time of both accounts. Multiple instruments for each account. To date, the payments have never been applied to my credit card accounts. They have yet to acknowledge that they have received it and refuse to send it back in the case that it was not accepted. A negotiable instrument is an acceptable form of payment as there is no money since the bankruptcy of this country. XXXX XXXX continues to state that I owe them money for so-called outstanding bills and repayment of the money they \" gave '' or loaned me. However, banks are not allowed to make loans according to 12 USC 83. The disclosures for these transactions have security interest clauses within it. A security interest can not be given to a person if the obligor has not already fulfilled their obligation. I am requesting the original wet-ink signed contract that compels me to perform in regards to this contract. A contract requires 2 signatures in order for it to be deemed valid. I have asked repeatedly for this information and this company keeps sending me a bunch of statements. In the case that XXXX XXXX can not provide me with the signed contract that I am requesting, they need to stop asking for repayment. \n\nI am requesting the return of my ANY AND ALL MONIES, down payments, as a cash down payment is a violation of TILA pursuant to 15 USC 1605 ( a ) and 15 USC 1662 ( 2 ) Please see attachment for affidavit and notice of rescission due in 20 days. Because pertinent information was withheld and neither clear nor conspicuous I blindly entered a consumer credit transaction with XXXX XXXX XXXX XXXX and as a result they used my credit card ( as described in 15 USC 1602 ) and was extended credit in a consumer credit sale. they are now claiming that they originated the credit I extended to them, which is false Pursuant to federal law. They have committed fraud and several violations of the FDCPA and TILA. They are now threatening me for an alleged debt that XXXX XXXX XXXX XXXX claims I owe. XXXX XXXX XXXX XXXX has taken an unfair advantage of me as a consumer and they should be held accountable for deceiving me. \nTo add.. \n\nXXXX XXXX XXXX XXXX Has committed several violations under the FDCPA, TILA, FCRA, and many more which they've violated my rights as a consumer. This is not an attempt to collect a debt. 15 U.S. Code 1692f. Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : 15 U.S. Code 1692d - Harassment or abuse 15 U.S. Code 1692b. Acquisition of location information 15 U.S. Code 1692g - Validation of debts 15 U.S. Code 1692f. Unfair practices 15 U.S. Code 1692b. Acquisition of location information ( 4 ) not communicate by post card ( 5 ) no language or symbols on any envelope. \n\nXXXX XXXX XXXX XXXX XXXX was reporting a completely false debt which was causing a denial of the loan. I am a single mother of XXXX and I have been struggling for the past XXXX almost XXXX  years to improve life for our family and give my children a stable home just. I knew the account was not mine so I wrote my first dispute to XXXX XXXX XXXX XXXX XXXX As early as 6 years ago up to as recent as 15 days ago stating that XXXX an identity theft victim and as a result I wanted to see legal verification that this debt was approved or accepted by me. My first request was completely ignored years ago, I wrote another request and I even attempted to send the FTC REPORT. AND FOR THE POLICE REPORT Turns out you can not get a report if the incident occurred more than 12 months ago. But the FTC Website says either or.. Upon my most recent attempt 10 days later I received a letter from them stating that they found the account to be accurate. How is this possible, they had not provided legal proof or proof of identity? I re-stated several laws violated and to date they had still not provided proof per FCRA & FDCPA requirements in the event of identity theft, again stating that they were reporting accurate information and that they do not need to supply the requested information only that they have my name and address correct. How is this possible that someone can just say they have your name and address correct and you owe them a debt without no contract or legal proof whatsoever. How do they even know they have the right person??? \n\n\nIts very XXXX  to know that even thougXXXX XXXX XXXX XXXX XXXX  We still have entities that solicit and have employees working for them that continually break the law.. this places the livelihood and well being of many at risk .. physically, mentally and emotionally. \nMy children are being XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX I cant XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX HAS IMPOSED UP MY CONSUMER REPORT WITHOUT MY WRITTEN CONSENT OR PERMISSION.. we are being looked upon as lower class every day simply because XXXXXXXX XXXX XXXXXXXX AGAINST ME. ABSOLUTELY NOTHING ABOUT THEIR CONTACT WAS CLEAR MOR CONSPICUOUS.. I WAS NOT GIVEN THE OPTION TO OPT OUT AT ANY TIME I have a credit score of XXXX YET IM UNABLE TO OBTAIN OR USE MY CREDIT CARD ANYWHERE .. Im unable to GROW AT MY JOB AND GAIN A BETTER POSITION.. ONE I AM OVERQUALIFIED FOR MAY I ADD.. Simply because of XXXX XXXX horrendous practices to defame my character. \n\nThe following account does not belong to me and is a result of fraud that I did not authorize : XXXX XXXX- not my account, never done business with this company. Please block and remove all information resulting from Identity Theft pursuant to FCRA 605B ( 15 U.S.C. & 1681 c-2 ) which states that this account must be removed within 4 Business Days of receipt. \n\nXXXX XXXX XXXX Again TransUnion LLC Consumer Dispute Center XXXX XXXX XXXXXXXX XXXX XXXX PA XXXX XX/XX/XXXX TRANSUNION 15 USC 1681 ( a ) ( 1 ) ( 2 ) ( 3 ) ( 4 ) ( b ), 15 USC 1681b ( a ) ( c ) ( 2 ), 15 USC 1681q, 15 USC 1681n ( a ) ( 1 ) ( A ), XXXX USC 6821 ( a ) ( 1 10/17/2022 To Whom It May Concern : My name is XXXX XXXX and this complaint is not made in error neither is it being made by a third party.I declare under penalty of perjury ( under the laws of the United States , if executed outside of the United States ) that the foregoing is true and correct to the best of my knowledge. Further, I certify that I am permitted by FEDERAL and STATE LAW to file this dispute. I also understand that knowing and willful misstatements or omissions of material facts constitutes a FEDERAL CRIMINAL VIOLATION punishable under 18 U.S.C. 1001. Additionally, these misstatements are punishable as perjury under 18 U.S.C. 1621. The items found within my credit report that I listed on the following pages are not related to any transaction that I made. I am alleging that a person or company- without my authorization- used my personal identifying information to apply for goods, services, or money ; and, was successful in creating some accounts. All is being investigated by the FTC. Be advised this is an identification theft notice I am requesting fraudulent accounts on my consumer report removed under Federal law and I have sent this notification to all of the creditors and consumer reporting agencies and have sent multiple documents supporting my claims Under the Fair Debt collection Practices Act ( FDCPA ), I have the right to request validation This is NOT a request for \" verification '' or proof of my mailing address, but a request for VALIDATION made pursuant to 15 USC 1692g Sec. 809 ( b ) of the FDCPA. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to the fore said items that you are reporting to my consumer reports At this time I will also inform vou that if your offices have or continue to report invalidated information this includes XXXX, TRANSUNION AND XXXX this action might constitute fraud under both federal and state laws. 15 U.S. Code 1681c-2 - Block of information resulting from identity theft Due to this fact, if any negative mark is found or continues to report on any of my credit reports by your company or the company you represent, I will not hesitate in bringing legal action against you for the following : Violation of the Fair Debt Collection Practices Act and Defamation of Character. 15 U.S. Code 1681n - Civil liability for willful noncompliance I am sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies.\n\nIf your offices can provide the proper documentation as requested in the following declaration, I will require 30 days to investigate this information and during such time all reporting activity must cease and desist. 15 U.S.C 1692c Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent authority, Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with legal counsel for suit. This is violation 15 USC S 1681b Permissible purpose of consumer reports ( a ) IN GENERAL, Subject to subsection ( c ) any consumer reporting agency may furish a consumer report under the following circumstances and no other. ( 2 ) In accordance with the written instructions of the consumer to whom it relates. As a consumer, I am demanding a deletion of the following account 's This includes any listing of any information to a credit-reporting repository that could be inaccurate or invalidated. If your agency fails to respond to this validation request within 30 days from the date of your receipt, ( Which has long past.. most recent was 2 wks ago ) all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. It would be advisable that your records are in order before I am forced to take legal action. Please be advised XXXX, TRANSUNION AND XXXX. You need to remove all fraudulent inquiries from my consumer report. I've given the dates and the times of every inquiry that is on my consumer report. You shall remove the inquiries that are fraudulent on my consumer reports your credit reporting agency, and you shall do due diligence in the investigation of such fraudulent activities. The violations here I require compensation, for this has caused me grave harm purchased with that identifying number is an obligation of the United States in accordance with XXXX XXXX XXXX and being that you XXXX, TRANSUNION AND XXXX is attempting to collect a debt from I, the consumer makes you guilty and in violation of the False Claims Act ( FCA ) 31 U.S.C 3729-3733. XXXX, TRANSUNION AND XXXX is also in violation of 18 U.S.C 894 for using my consumer report with extortionate means as a way to coerce and swindle me into making payments on alleged debt not owed. I DID NOT AND DO NOT CONSENT to you XXXX, TRANSUNION AND XXXX furnishing this information to my consumer report. I did not give you authorization or permission to have my personal identifying information, which you have obtained by aggravated identity theft in accordance with 18 U.S.C 1028A. This is a notice to CEASE and DESIST of all illegal activities, including reporting which constitutes collection activities. This is also a NOTICE exercising my rights to prevent the processing of my personal data Failure to remove account in 4 days from my consumer report as requested will result in legal matters being taken and me turning you. I would also like to request, in writing, that no telephone contact be made by your company to my home or my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS. It would be advisable that you assure your records are in order before I am forced to take legal action against your company and your client. This is an attempt to correct your records, any information obtained shall be used for that purpose. During this time collection activity must cease and desist. No reporting any information regarding said debts as related to the XXXX. \n\nIf any adverse action that is taken during this validation period that negatively impacts my Credit Report, including any potentially inaccurate information, I will instruct my legal consul to take relevant action against the guilty parties. You must immediately remove the collections you fraudulently placed on my credit reports until the such a time as the debt is proven valid. If I personally dont receive any response from you for VALIDATION of this account within 4 days, all references and claims to this account must be deleted from your files. \n\n\nTRANSUNION, I did not give you authorization or permission to have my personal identifying information, which you have obtained by aggravated identity theft in accordance with 18 U.S.C 1028A. This is a notice to CEASE and DESIST of all illegal activities, including reporting which constitutes collection activities. This is also a NOTICE exercising my rights to prevent the processing of my personal data Failure to remove account in 4 days from my consumer report as requested will result in legal matters being taken and me turning you. I would also like to request, in writing, that no telephone contact be made by your company to my home or my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS. It would be advisable that you assure your records are in order before I am forced to take legal action against your company and your client. This is an attempt to correct your records, any information obtained shall be used for that purpose. During this time collection activity must cease and desist. If any adverse action that is taken during this validation period that negatively impacts my Credit Report, including any potentially inaccurate information, I will instruct my legal consul to take relevant action against the guilty parties. You must immediately remove the collections you fraudulently placed on my credit reports until the such a time as the debt is proven valid. If I personally dont receive any response from you for VALIDATION of this account within 4 days, all references and claims to this account must be deleted from your files. To Whom It May Concern : In accordance with the fair credit act Experian- has violated my rights. \nThe late payment reporting XXXX XXXX. Account # XXXX XXXX XXXX - Charge Off Closed ( Along with the other aground listed below ) is inaccurate. I never made late payments. During covid a lot of peoples info was mixed up XXXX needs to be deleted.also has violated my rights. During XXXX the data breach has my info exposed. I filed FTC XXXX report. \n\nThese inquiries need to be deleted. Law 15 U.S.C. 1681 602 A states I have a right to privacy.15 USC 1681 604 A SECTION 2 : also states a consumer reporting agency can not furnish a account without my written instructions 15 U.S.C 1681 1666B :","date_sent_to_company":"2023-01-11T03:37:03.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"30016","tags":null,"has_narrative":true,"complaint_id":"6420422","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2023-01-11T03:14:25.000Z","state":"GA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["I am alleging that a person or company- without my authorization- used my personal identifying information to <em>apply</em> for goods, services, or money ; and, was <em>successful</em> in creating some accounts. All is being investigated by the FTC."]},"sort":[6.966119,"6420422"]},{"_index":"complaint-public-v1","_id":"6420097","_score":6.966119,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"XXXX XXXX, XXXX XXXX, a consumer citizen of XXXX sent a letter on XXXX XXXX, via certified mail with request of validation of debts. The letter was received by NAVY FCU on XX/XX/XXXX. As it pertains to my consumer report, upon information and belief the company is attempting to collect an alleged debt pursuant to 15 USC 1692a ( 5 ). With respect to Account # XXXX, there is no debt owed. This is not a refusal with regard to payment of an alleged debt, but a request that the above claim is disputed and validation is requested ( FDCPA 15 USC 1692g Sec 809b ) in the following order : Full validation such as, confirmation of legal timeline to report on credit and/or collection procedures, validation of licensing requirements, posted bonding requirements, oversight on monthly payment histories, proper subscriber agreement compliance with credit reporting agencies and overall compliance with all FCRA and FDCPA by laws as instructed by federal law. It is upsetting to know such companies do not follow rules and laws. More importantly, companies such as the pursuant above should be held accountable for their actions. According to the FCRA a corporation is required to respond and complete and investigate within 30 days. As of XXXX, I still have not received anything pertaining to a complete investigation. Based upon evidence available to me, there is no debt owed. These laws are to make sure that there is a level of fairness to protect American consumers from nefarious, abusive reporting procedures on credit consumer reports, as well as illegal and deceptive collection practices. Also, I am Federally Protected Consumer and I have strong reason to believe I have been discriminated against by NAVY FEDERAL CREDIT UNION Account # XXXX in XXXX, they NEVER SENT ME in all those years a Pre Adverse Notices, or NEVER SENT ME a Adverse Action Notices. I have strong reason to believe they have discriminated against me under the Equal Credit Opportunity Act ( ECOA ). NAVY FEDERAL CREDIT UNION never informed me of my rights. NAVY FEDERAL CREDIT UNION has the obligation to correct action. ECOA protections extend through the life of loan. This comes about after a consumer sued NAVY FEDERAL CREDIT UNION for closing his credit card account without providing an explanation ( as required under the ECOA ). The CFPB had filed a friend of the court brief in that case, stating that the ECOAs crucial protections against credit discrimination do not disappear the moment that credit is extended. Rather, ECOA shields existing borrowers from discrimination in all aspects of a credit arrangement. The CFPB released Circular to reiterate creditors ' adverse action notice requirements under ECOA. I have made multiple attempts over 5 years in writing including certified mail starting in late 2018 to let NAVY FEDERAL CREDIT UNION know about the many violations and discrimination and under TILA & BILLING ERRORS 15 USC 1666 falsely furnishing negative damaging information \" late payments and charge off \" on these accounts. I have tried to explain multiple times over the years to NAVY FEDERAL CREDIT UNION what the FEDERAL LAWS says in FCRA 15 USC the term credit card means any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit. And ALL credit transactions ORIGINATE FROM ME THE CONSUMER my signature, my social security number MY INSTRUMENT \" I EXTEND CREDIT '' and it is my right to operate in commerce. Does NAVY FEDERAL CREDIT UNION know OR care what happens when penalties for not complying with the ECOA happen? Well it states Lenders that violate the provisions of the ECOA face civil liability for actual and punitive damages, the latter of which is limited to non-governmental entities and can amount to up to { {$10000.00} } for an individual claim or the lesser of { {$500000.00} } or 1 % of the lender 's net worth in a class action.\n\nNot only is NAVY FEDERAL CREDIT UNION appear to be discriminating against me and denying me extending credit they have been damaging my credit worthiness for 5 years now, there tarnishing my name by furnishing negative information \" late payments and chargeoffs '' on my consumer reports as a way of coercion to pay these alleged debts which is \" false misleading representation 15 USC 1692E A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation. It is UNJUST ENRICHMENT and Under 15 USC 1666B Grace period- If an open end consumer credit plan provides a time period within which an obligor may repay any portion of the credit extended without incurring an additional finance charge, such additional finance charge may not be imposed with respect to such portion of the credit extended for the billing cycle of which such period is a part, unless a statement which includes the amount upon which the finance charge for the period is based was mailed or delivered to the consumer not later than 21 days before the date specified in the statement by which payment must be made in order to avoid imposition of that finance charge. Which NAVY FEDERAL CREDIT UNION NEVER PERFORMED this 21 days in advance so why are they furnishing negative damaging information \" late payments & charge offs '' on my consumer reports? I don't know maybe coercion, extortion, and wanting me to be quiet while I'm being violated and discriminated against these past 5 years but I'm not going to be silent anymore or be in fear of them.\n\nAlso there violating my privacy rights under the GRAMM-LEACH -BLILEY ACT by furnishing, spreading, around for profit my NONPUBLIC PERSONAL INFORMATION to non affiliated third parties. I never gave them my lawful or legal consent to share my information. And how can NAVY FEDERAL CREDIT UNION say '' I owe '' this alleged debt and by them assuming this role to falsely believe they have the Power & Authority to close my accounts when FEDERAL LAW clearly states 18 USC 8 The term obligation '' or other security of the United States includes all bonds, certificates of indebtedness, national bank currency , Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever denomination, issued under any Act of Congress, and canceled United States stamps. THE DEBT HAS ALREADY BEEN PAID BY THE UNITED STATES that's what that Federal Law is clearly stating so NAVY FEDERAL CREDIT UNION can not use the excuse \" because the consumers lack of untimely payments '' as reason to of closed my accounts. I'm just trying to make it crystal clear that I have strong reason that under ECOA there is some Violations and Discrimination occurring. And there is no Law that states a '' a drop in a consumer 's credit score '' is a valid reason to deny or cancel a consumer 's extension of credit. So NAVY FEDERAL CREDIT UNION legally, or lawfully CAN NOT state that either. I'm asking the CFPB to draw on its authority to police unfair, deceptive and abusive practices to rein in lending discrimination against NAVY FEDERRAL CREDIT UNION against me.\n\nSo again Navy Federal has yet to address a dispute for a billing error that was raised in XXXX. They were sent payable instruments for the balance at the time of both accounts. Multiple instruments for each account. To date, the payments have never been applied to my credit card accounts. They have yet to acknowledge that they have received it and refuse to send it back in the case that it was not accepted. A negotiable instrument is an acceptable form of payment as there is no money since the bankruptcy of this country. Navy Federal continues to state that I owe them money for so-called outstanding bills and repayment of the money they \" gave '' or loaned me. However, banks are not allowed to make loans according to 12 USC 83. The disclosures for these transactions have security interest clauses within it. A security interest can not be given to a person if the obligor has not already fulfilled their obligation. I am requesting the original wet-ink signed contract that compels me to perform in regards to this contract. A contract requires 2 signatures in order for it to be deemed valid. I have asked repeatedly for this information and this company keeps sending me a bunch of statements. In the case that Navy Federal can not provide me with the signed contract that I am requesting, they need to stop asking for repayment. \n\nI am requesting the return of my ANY AND ALL MONIES, down payments, as a cash down payment is a violation of TILA pursuant to 15 USC 1605 ( a ) and 15 USC 1662 ( 2 ) Please see attachment for affidavit and notice of rescission due in 20 days. Because pertinent information was withheld and neither clear nor conspicuous I blindly entered a consumer credit transaction with NAVY FEDERAL CREDIT UNION and as a result they used my credit card ( as described in 15 USC 1602 ) and was extended credit in a consumer credit sale. they are now claiming that they originated the credit I extended to them, which is false Pursuant to federal law. They have committed fraud and several violations of the FDCPA and TILA. They are now threatening me for an alleged debt that NAVY FEDERAL CREDIT UNION claims I owe. NAVY FEDERAL CREDIT UNION has taken an unfair advantage of me as a consumer and they should be held accountable for deceiving me.\n\nTo add..\n\nNAVY FEDERAL CREDIT UNION Has committed several violations under the FDCPA, TILA, FCRA, and many more which they've violated my rights as a consumer. This is not an attempt to collect a debt. 15 U.S. Code 1692f. Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : 15 U.S. Code 1692d - Harassment or abuse 15 U.S. Code 1692b. Acquisition of location information 15 U.S. Code 1692g - Validation of debts 15 U.S. Code 1692f. Unfair practices 15 U.S. Code 1692b. Acquisition of location information ( 4 ) not communicate by post card ( 5 ) no language or symbols on any envelope.\n\nNAVY FEDERAL CREDIT UNION LLC was reporting a completely false debt which was causing a denial of the loan. I am a single mother of 7 and I have been struggling for the past 6 almost 7 years to improve life for our family and give my children a stable home just. I knew the account was not mine so I wrote my first dispute to NAVY FEDERAL CREDIT UNION LLC As early as 6 years ago up to as recent as 15 days ago stating that Im an identity theft victim and as a result I wanted to see legal verification that this debt was approved or accepted by me. My first request was completely ignored years ago, I wrote another request and I even attempted to send the FTC REPORT. AND FOR THE POLICE REPORT Turns out you can not get a report if the incident occurred more than 12 months ago. But the FTC Website says either or.. Upon my most recent attempt 10 days later I received a letter from them stating that they found the account to be accurate. How is this possible, they had not provided legal proof or proof of identity? I re-stated several laws violated and to date they had still not provided proof per FCRA & FDCPA requirements in the event of identity theft, again stating that they were reporting accurate information and that they do not need to supply the requested information only that they have my name and address correct. How is this possible that someone can just say they have your name and address correct and you owe them a debt without no contract or legal proof whatsoever. How do they even know they have the right person???\n\nIts very disheartening to know that even though IN XXXX WE TRUST!! We still have entities that solicit and have employees working for them that continually break the law.. this places the livelihood and well being of many at risk .. physically, mentally and emotionally. \nMy children are being bullied in school because I cant afford to clothe them properly, I cant afford to cloth them properly because of the derogatory info NAVY FEDERAL HAS IMPOSED UP MY CONSUMER REPORT WITHOUT MY WRITTEN CONSENT OR PERMISSION.. we are being looked upon as lower class every day simply because NAVY FEDERAL DISCRIMINATION AGAINST ME. ABSOLUTELY NOTHING ABOUT THEIR CONTACT WAS CLEAR MOR CONSPICUOUS.. I WAS NOT GIVEN THE OPTION TO OPT OUT AT ANY TIME I have a credit score of XXXX YET IM UNABLE TO OBTAIN OR USE MY CREDIT CARD ANYWHERE .. Im unable to GROW AT MY JOB AND GAIN A BETTER POSITION.. ONE I AM OVERQUALIFIED FOR MAY I ADD.. Simply because of NAVY FCUs horrendous practices to defame my character.\n\nThe following account does not belong to me and is a result of fraud that I did not authorize : NAVY FCU- not my account, never done business with this company. Please block and remove all information resulting from Identity Theft pursuant to FCRA 605B ( 15 U.S.C. & 1681 c-2 ) which states that this account must be removed within 4 Business Days of receipt. \n\nXXXX XXXX XXXX Again XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX PA XXXX XX/XX/XXXX XXXX 15 USC 1681 ( a ) ( 1 ) ( 2 ) ( 3 ) ( 4 ) ( b ), 15 USC 1681b ( a ) ( c ) ( 2 ), 15 USC 1681q, 15 USC 1681n ( a ) ( 1 ) ( A ), XXXX USC 6821 ( a ) ( XXXX XX/XX/XXXX To Whom It May Concern : My name is XXXX XXXX and this complaint is not made in error neither is it being made by a third party.I declare under penalty of perjury ( under the laws of the United States , if executed outside of the United States ) that the foregoing is true and correct to the best of my knowledge. Further, I certify that I am permitted by FEDERAL and STATE LAW to file this dispute. I also understand that knowing and willful misstatements or omissions of material facts constitutes a FEDERAL CRIMINAL VIOLATION punishable under 18 U.S.C. 1001. Additionally, these misstatements are punishable as perjury under 18 U.S.C. 1621. The items found within my credit report that I listed on the following pages are not related to any transaction that I made. I am alleging that a person or company- without my authorization- used my personal identifying information to apply for goods, services, or money ; and, was successful in creating some accounts. All is being investigated by the FTC. Be advised this is an identification theft notice I am requesting fraudulent accounts on my consumer report removed under Federal law and I have sent this notification to all of the creditors and consumer reporting agencies and have sent multiple documents supporting my claims Under the Fair Debt collection Practices Act ( FDCPA ), I have the right to request validation This is NOT a request for \" verification '' or proof of my mailing address, but a request for VALIDATION made pursuant to 15 USC 1692g Sec. 809 ( b ) of the FDCPA. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to the fore said items that you are reporting to my consumer reports At this time I will also inform vou that if your offices have or continue to report invalidated information this includes XXXX, XXXX AND XXXX this action might constitute fraud under both federal and state laws. 15 U.S. Code 1681c-2 - Block of information resulting from identity theft Due to this fact, if any negative mark is found or continues to report on any of my credit reports by your company or the company you represent, I will not hesitate in bringing legal action against you for the following : Violation of the Fair Debt Collection Practices Act and Defamation of Character. 15 U.S. Code 1681n - Civil liability for willful noncompliance I am sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies. \n\n\n\nIf your offices can provide the proper documentation as requested in the following declaration, I will require 30 days to investigate this information and during such time all reporting activity must cease and desist. 15 U.S.C 1692c Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent authority, Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with legal counsel for suit. This is violation 15 USC S 1681b Permissible purpose of consumer reports ( a ) IN GENERAL, Subject to subsection ( c ) any consumer reporting agency may furish a consumer report under the following circumstances and no other. ( 2 ) In accordance with the written instructions of the consumer to whom it relates. As a consumer, I am demanding a deletion of the following account 's This includes any listing of any information to a credit-reporting repository that could be inaccurate or invalidated. If your agency fails to respond to this validation request within 30 days from the date of your receipt, ( Which has long past.. most recent was 2 wks ago ) all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. It would be advisable that your records are in order before I am forced to take legal action. Please be advised XXXX, XXXX AND XXXX. You need to remove all fraudulent inquiries from my consumer report. I've given the dates and the times of every inquiry that is on my consumer report. You shall remove the inquiries that are fraudulent on my consumer reports your credit reporting agency, and you shall do due diligence in the investigation of such fraudulent activities. The violations here I require compensation, for this has caused me grave harm purchased with that identifying number is an obligation of the United States in accordance with 18 U.S.C 8 and being that you XXXX, XXXX AND XXXX is attempting to collect a debt from I, the consumer makes you guilty and in violation of the False Claims Act ( FCA ) 31 U.S.C 3729-3733. XXXX, XXXX AND XXXX is also in violation of 18 U.S.C 894 for using my consumer report with extortionate means as a way to coerce and swindle me into making payments on alleged debt not owed. I DID NOT AND DO NOT CONSENT to you XXXX, XXXX AND XXXX furnishing this information to my consumer report. I did not give you authorization or permission to have my personal identifying information, which you have obtained by aggravated identity theft in accordance with 18 U.S.C 1028A. This is a notice to CEASE and DESIST of all illegal activities, including reporting which constitutes collection activities. This is also a NOTICE exercising my rights to prevent the processing of my personal data Failure to remove account in 4 days from my consumer report as requested will result in legal matters being taken and me turning you. I would also like to request, in writing, that no telephone contact be made by your company to my home or my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS. It would be advisable that you assure your records are in order before I am forced to take legal action against your company and your client. This is an attempt to correct your records, any information obtained shall be used for that purpose. During this time collection activity must cease and desist. No reporting any information regarding said debts as related to the CRAS. \n\nIf any adverse action that is taken during this validation period that negatively impacts my Credit Report, including any potentially inaccurate information, I will instruct my legal consul to take relevant action against the guilty parties. You must immediately remove the collections you fraudulently placed on my credit reports until the such a time as the debt is proven valid. If I personally dont receive any response from you for VALIDATION of this account within 4 days, all references and claims to this account must be deleted from your files. \n\n\nXXXX, I did not give you authorization or permission to have my personal identifying information, which you have obtained by aggravated identity theft in accordance with 18 U.S.C 1028A. This is a notice to CEASE and DESIST of all illegal activities, including reporting which constitutes collection activities. This is also a NOTICE exercising my rights to prevent the processing of my personal data Failure to remove account in 4 days from my consumer report as requested will result in legal matters being taken and me turning you. I would also like to request, in writing, that no telephone contact be made by your company to my home or my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by XXXX. It would be advisable that you assure your records are in order before I am forced to take legal action against your company and your client. This is an attempt to correct your records, any information obtained shall be used for that purpose. During this time collection activity must cease and desist. If any adverse action that is taken during this validation period that negatively impacts my Credit Report, including any potentially inaccurate information, I will instruct my legal consul to take relevant action against the guilty parties. You must immediately remove the collections you fraudulently placed on my credit reports until the such a time as the debt is proven valid. If I personally dont receive any response from you for VALIDATION of this account within 4 days, all references and claims to this account must be deleted from your files. To Whom It May Concern : In accordance with the fair credit act XXXX has violated my rights. \nThe late payment reporting NAVY FCU. Account # XXXX XXXX XXXX - Charge Off Closed ( Along with the other aground listed below ) is inaccurate. I never made late payments. During covid a lot of peoples info was mixed up .It needs to be deleted.also has violated my rights. During XXXX the data breach has my info exposed. I filed FTC XXXX report. \n\nThese inquiries need to be deleted. Law 15 U.S.C. 1681 602 A states I have a right to privacy.15 USC 1681 604 A SECTION 2 : also states a consumer reporting agency can not furnish a account without my written instructions 15 U.S.C 1681 1666B :","date_sent_to_company":"2023-01-11T03:37:19.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"30016","tags":null,"has_narrative":true,"complaint_id":"6420097","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"NAVY FEDERAL CREDIT UNION","date_received":"2023-01-11T03:37:11.000Z","state":"GA","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["I am alleging that a person or company- without my authorization- used my personal identifying information to <em>apply</em> for goods, services, or money ; and, was <em>successful</em> in creating some accounts. All is being investigated by the FTC."]},"sort":[6.966119,"6420097"]},{"_index":"complaint-public-v1","_id":"17302902","_score":6.8355603,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"To whom it XXXX concern : We have been trying to pay off our RV loan account at M & T Bank since XX/XX/year>, via a wire transfer for {$22000.00}. An M & T Bank customer service representative provided us with the wrong account number. As of XX/XX/year>, M & T Bank has not processed the transaction and credited our account. We have called them daily to resolve the situation and have been told numerous stories about how long it would take. The details of each days conversations are detailed below for your examination. \n\nOn late afternoon XXXX XX/XX/year>, I sent a wire transfer request from my bank, XXXX XXXX XXXX XXXX XXXX FL XXXX M & T Bank located at XXXX XXXX XXXX in XXXX, New York. ( See attached wire receipt ) The wire transfer was sent at XXXX on XXXX XXXXXX/XX/year>. As of XX/XX/year>, at XXXX, the wire transfer has still not been credited to my loan account at M & T Bank XXXX \n\nOn XX/XX/year>, I spoke with an XXXX at M & T Bank customer service and asked her for wire instructions which she provided over the phone. Later that afternoon I went into my bank branch office and was in the office with the Branch XXXX and we decided to call M & T Bank back and confirm the wire instructions were correct before we sent a wire for {$22000.00} to pay off our RV loan in full as we had a buyer lined up and needed the title ASAP. I spoke with a female named XXXX  ( Ref # XXXX ) who advised me upon me reading the M & T beneficiary bank account number to her that that number should be my loan account number, and she did not know why they had provided that other account number to me earlier as that was an account for short sales. So, we sent the wire with my loan account number XXXX as the beneficiary account number. \n\nI received a call from my bank on XXXX XXXX XX/XX/year>, stating there was a problem with the wire. I immediately contacted M & T Bank who informed me that my loan account number was not the correct account number and they proceeded to inform me that the correct number was the one that XXXX had provided to me earlier on the day of XX/XX/XXXX. They stated they could see that the funds had arrived, but that they could not process the transaction. They informed me that their procedure would be to have my bank request the funds back and then I would have to re-wire the funds with the correct account number. I inquired as to whether they could just credit the funds to my loan account since they already had them on hand. It seemed silly and a waste of time as well as costing another {$25.00} in wire fees for a situation they caused through their mistake. The rep inquired about this with the wire room and stated that they could process the transaction, but it would take up to 3 days to complete. So, we agreed that it would work for us. \n\nOn XX/XX/XXXX, we looked online a found that M & T bank had debited our account for {$3500.00} based on a request to return those funds 10 days earlier as were had erroneously made a double payment of that amount Thus we then knew that our loan payoff was going to be short by {$3500.00} so we immediately sent a wire to the correct account number on XX/XX/XXXX for {$3500.00} to cover any extra loan interest charged. ( See attached Wire Receipt ) We called M & T Bank that day to discuss both the {$3500.00} wire and they informed us they could not recover the {$3500.00}. Thus, we sent a new wire out, incurring another {$20.00} outgoing wire fee and a {$5.00} wire fee for the incoming funds. \nOn XX/XX/year>, we contacted M & T Bank customer service to get updates on both the {$22000.00} wire and the {$3500.00} wire. \nOn XX/XX/year>, our account was credited for the {$3500.00} wire. ( See attached account screen print ) We called to inquire why the {$22000.00} wire had still not been processed when the other wire was sent subsequently and was already credited to our account, we were informed that it would be credited to our account anytime now. \nWe called back on the afternoon of XX/XX/year>, and eventually were transferred to supervisor named XXXX ( REF # XXXX ). We informed XXXX that we were recording the conversation. XXXX XXXX stated that it could take 3 to 5 days to process the transaction. I informed him that it was already the end of the fifth day since M & T received the wire transfer. After calling the wire team, XXXX admitted that M & T provided us with the wrong wire information. Additionally, XXXX stated he received an email from the back office ( XXXX Department ) that stated they could not see the $ XXXX because of the incorrect information. However, he later admitted that they could see the $ XXXX wire, but that they are not recognizing it or applying it. He stated the wire team doesnt know where it needs to be applied so they didnt send it and wont send it to the back office ( XXXX Department ). We informed him that the wire instructions contained my account information multiple times. He also stated that problem resolution ticket requests from the XXXX XXXX depart to the back office ( XXXX XXXX ) regarding the XXXX wire got closed because they said they only saw the {$3500.00} wire and that it had been successfully processed. This XXXX imply the wire department, who can still see the XXXX had not yet sent the transaction to be processed by the loan department who apparently can not see the XXXX until they receive it from wire team. He further stated they would not process the transaction and that he recommended it would be best if we just had my bank request the $ XXXX wire be returned. I informed him that this was exactly the opposite of what everyone at M & T Bank had informed me of since XXXX, XX/XX/year>, and his first statement to us today. He further stated that when M & T receives the funds again, they can request to have it backdated to the original date sent, XX/XX/XXXX, but he could not guarantee the request would be honored. We asked for phone numbers for anyone outside of the customer service department and he stated he could not provide any phone numbers or email addresses. \n\nXX/XX/year>, went to my bank to have them send a wire request to M & T Bank to return the $ XXXX in funds. This was completed by my bank. \n\nXX/XX/XXXX, XXXX was a XXXX XXXX and thus the bank was not open. \n\nXX/XX/year>, I went to my bank and made a call to M & T customer service on speakerphone with my wife and the branch XXXX and spoke with a customer service rep named XXXX inquiring why the $ XXXX in funds had not been sent back within the XXXX period as required by law. She could not help in resolving the situation with the $ XXXX wire so we asked to speak with a supervisor and were transferred to XXXX, who later admitted she was not a supervisor. At that time, I was transferred to XXXX, an actual supervisor ( REF # XXXX ). XXXX contacted the wire room and or the back office and was informed that they were ready to process the $ XXXX wire and credit it to my account but couldnt do so because there was a wire request to return the funds from my bank in place. XXXX advised that if we were to have my bank rescind the request to return the funds then they could process the transaction in the next couple of days. XXXX agreed that since it was M & T Banks fault the wire was sent to the wrong account that she would send a request that the receipt of the XXXX wire be back dated to the date it was originally received so that the loan payoff would not be short due to all the interest charges incurred since that date. Additionally, she agreed to also request interest credits for the {$3500.00} that we received on XX/XX/XXXX that M & T back dated 10 days as if they sent it to us 10 days earlier thus causing us to incur and additional 10 days of interest charges in which the moneys were in M & T Banks possession, not ours. XXXX stated she would contact us no later than XXXX XX/XX/XXXX to give us an update on where we stood with getting interest credits applied to the account so that there were sufficient funds to pay off the loan. I provided my cell phone number to XXXX. \n\nXX/XX/year>, we called M & T Bank and spoke with a supervisor who did not know anything about the matter, and she offered to transfer us to XXXX who we spoke with yesterday. We were informed that XXXX was not available, but that she would leave her an email stating it was urgent that she get back with us to give an update on the matter. She took my phone number to provide to XXXX. We did not receive a return phone call from XXXX. We did not receive credit to our account for the $ XXXX and thus, M & T Bank is in violation of the XXXX processing laws AGAIN. \n\nFirst thing XXXX XXXX  XX/XX/year>, we checked online to see if our account had been credited for the $ XXXX wire and it had not. However, we discovered that for some unknown reason M & T had reversed our wire transfer of {$3500.00} we sent to them on XX/XX/XXXX, XXXX and had also reversed our XXXX payment made online on XX/XX/XXXX. ( See attached loan account screen print ) M & T backdated both transactions to look like they had been made immediately upon receiving the funds. Thus, the balance owed to paying off the loan increased by {$3600.00}. We had no idea why they would have reversed either of these transactions as we had not made a request to resend the wire transfer or the ACH payment made on their website. We checked with our banks wire room to determine if either {$3500.00} or the {$100.00} had been returned to our account and they said they did not receive them and that there were no wires pending from the Federal Reserve in those amounts. Thus, we had our bank branch XXXX, XXXX XXXX, XXXX M & T Bank who spoke with a customer service representative who could not help with anything, so he asked to speak with a supervisor, preferably XXXX, whom we spoke with on XX/XX/year>. M & T put him on hold for XXXX minutes then hung up on him after returning to the phone line twice during that period. Immediately after, at XXXX, I called M & T Bank and asked for a supervisor. I was transferred to XXXX, a supervisor. After informing her we were recording the phone call and explaining the situation, she called the wire room and she provided the following explanation. She stated she was informed by the wire room that both the reversals for {$3500.00} and {$100.00} had both been made on XX/XX/year>, even though they were reflected on the online statement as occurring on XX/XX/XXXX and XX/XX/XXXX, respectively. the dates both payments had been made to them. Screenshots we took of the account on XX/XX/XXXX do not reflect either of theses reversals, so they must have occurred after the screenshot was taken. After speaking with a wire room supervisor, XXXX reported that the $ XXXX wire they received from us on XX/XX/XXXX was sent back to our bank on XXXX XXXXXX/XX/XXXX. Our bank rechecked with their wire office and did not receive any returned wire for $ XXXX or the {$3500.00} or the {$100.00} XXXX being re-deposited to our account. XXXX stated it could take up to 10 days for the wired funds to be returned. XXXX speculated the {$3500.00} wire was sent back because something was apparently wrong with the wire. The wire room could not see the {$3500.00} wire or trace it as it was done by the XXXX Department, also frequently referred to as the back office. She explained that neither her office or the wire transfer office was able to see anything of the back office transactions as of today and thus they had no idea why the {$3500.00} or the {$100.00} ACH payment was reversed. She explained that since these reversals just occurred yesterday that by XXXX XXXX XXXX of next week, they should be able to see the transactions in their systems. We asked whether it seems correct that M & T Bank would reverse a transaction 7 days after crediting our account for the wire transaction or why they would reverse a {$100.00} XXXX payment executed from their web site. She admitted she had no reasonable explanation for why M & T Bank took these actions. XXXX provided the following address to send any complaints to M & T Bank XXXX M & T Bank ; Attn : XXXX XXXX ; XXXX XXXXXXXX XXXX ; XXXX, NY XXXX She also provided us with the correct wire instructions for any money we need to re-wire : M & T Bank ; Attn : Retail Servicing ; Routing # : XXXX ; Beneficiary Account : XXXX ; XXXX XXXX XXXX ; Phone Number ( XXXX ) XXXX ; RE : My Name/Loan Account Number/Description of funds sent ( i.e. payment or Payoff ) XX/XX/year> the M & T Bank online loan account at XXXX was completely missing and no longer available to see on the website. ( See attached loan account screen print )","date_sent_to_company":"2025-11-17T18:44:02.000Z","issue":"Problems at the end of the loan or lease","sub_product":"Loan","zip_code":"32233","tags":null,"has_narrative":true,"complaint_id":"17302902","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"M&T BANK CORPORATION","date_received":"2025-11-17T18:29:09.000Z","state":"FL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Problem with paying off the loan"},"highlight":{"complaint_what_happened":["XXXX agreed that since it was M & T Banks fault the wire was <em>sent</em> to the wrong account that she would send a request that the receipt of the XXXX wire be back dated to the date it was originally received so that the loan payoff would not be short due to all the interest <em>charges</em> incurred since that date."]},"sort":[6.8355603,"17302902"]},{"_index":"complaint-public-v1","_id":"2852098","_score":6.819021,"_source":{"product":"Student loan","complaint_what_happened":"Thank you for considering my complaint. This is a complaint that while XXXX XXXX has accepted 61 timely payments from me on a IBR or REPAYE plan, it has refused to acknowledge that I have made 61 payments towards the Public Service Loan Forgiveness Program ( PSLF ). Honestly, dealing with these student loans stresses me out more than almost anything else in my life. Whats particularly frustrating is that Ive done nothing wrong and yet it seems it requires too much work just to stay on top of this. My hope is that this letter gives you a summary of my student loan saga. My goal is to have my actual payments towards PSLF match the servicers records. I have over {$230000.00} in total debt, so I am very invested in making sure that everything works out. \n\nAfter graduating XXXX XXXX XXXX in XXXX, I attended XXXX XXXXXXXX XXXX, graduating in XXXX with a double major in XXXX and XXXX XXXX. My parents and grandparents paid for my XXXX education, so I have no student loan debt from that time. \n\nI enrolled in XXXX XXXXXXXX XXXX in either XX/XX/XXXX or XX/XX/XXXX. I remember taking XXXX loans and XXXX XXXX loans. I think I went through the same financial aid process that everyone does. However, since I was in XXXX for XXXX, I was considered out of state for the first two years of XXXX XXXX. I finally got a waiver from the XXXX president and paid in-state tuition for my last year. I graduated in XX/XX/XXXX. \n\nAfter completing XXXX XXXX and initially declining to take the XXXX XXXX, I enrolled in the XXXX XXXX XXXX XXXX XXXX ( now called XXXX XXXX XXXX XXXX XXXX ) [ XXXX ] to get a XXXX in XXXX XXXX. I do remember calling someone to verify that I could pay for my education with student aid, and that person stated that I did come in under some kind of maximum threshold. In addition to the standard fall and spring semesters for two years, I took summer language programs in XXXX and XXXX, also paid with financial aid. The XXXX summer program was through XXXX, and the XXXX summer program was through XXXX XXXX XXXX ( while XXXX and XXXX were not yet fully merged as I was attending, it was clear that they already had a very strong partnership going. It seemed like the loans all came from the same source ). \n\nThere was a lot of financial aid drama during my time at XXXX. I have forgotten most of it, but it was very unpleasant. The most frustrating experience occurred when one semester, for reasons that have never been explained to me, somebody somewhere was denying me financial aid. The student aid counselor said that I was not being approved for the regular process ( maybe Stafford loans ). To pay for one of my semesters, I took out a joint XXXX loan and then something called a XXXX XXXX loan, which appears to be an internal loan program that is run inside the school. \n\nAt some point during my attendance at XXXX, I became aware of the Public Service Loan Forgiveness Program. I also decided that I was going to take the XXXX XXXX after all, knowing that I needed to get a job. Around this time the XXXX oil boom was taking off. Lawyers were charging huge billable hours to handle divorce cases and the like. I had started making phone calls and developing plans to go to that area so that I could make money to pay off my loans. But I also started applying for the XXXX XXXX XXXX because I knew that PSLF could forgive my loans after ten years of service. PSLF was a major driver into my ultimate acceptance of a XXXX XXXX job once I was offered one. \n\nI was also aware that PSLF applied to loans starting XX/XX/XXXX. I, of course, had started my first semester of XXXX XXXX just a few months before that. Thats why I became interested in the Temporary Special Direct Consolidation Loan Program. This was a temporary, very limited program, and you might not have heard of it. Here is a link to an article that mentions it : XXXX XXXX XXXX XXXX XXXXXXXX It was my understanding that by using this program, those first semester early XXXX XXXX loans would be converted into PSLF loans so that everything would be forgiven after ten years of payments. Thats the reason I applied for it. The program had a hard deadline of XX/XX/XXXX and I applied well in advance of that deadline while I was either still in school or right around the time I graduated. I believe that the entire process went through successfully as well. \n\nI graduated in XX/XX/XXXX and I began working as a XXXX XXXX on XX/XX/XXXX. I have worked as a XXXX XXXX with the XXXX XXXX XXXX ever since. On every anniversary date I have submitted documentation verifying my employment, but one year my human resource officer made an egregious typo that suggested I had only been working for a few days. I have repeatedly tried to get this cleared up over the years and have submitted multiple documents with my correct start date. With the assistance of an attorney, I believe that this matter has been corrected, although I am not completely sure. \n\nAfter the six-month grace period, loan payments started to arrive. At the very beginning my income was so low I had payments for {$0.00}. I was told that this actually counted for PSLF, but I distrusted them so much that I sent in very small payments just to make it clear that I was making payments and that I expected eventual forgiveness. Soon enough my income leaped up and I began making much higher payments under IBR.\n\nI pay the exact amount they are asking for every month and I pay every month. I have never declared bankruptcy. \n\nAt first, my payments were being serviced by the XXXX XXXX XXXX. This company was based in Montana. They are no longer in business. At some point, XXXX XXXX XXXX assigned all of my loans to XXXX XXXX. They are my servicer today. I cant remember all of the nonstop drama, but it has never been clear if XXXX XXXX knows about all of the payments I made to XXXX XXXX XXXX. An attorney informed me that XXXX appears to be aware of these payments. I am not entirely sure if the change in servicers happened before or after my first payments started. \n\nThe vast majority of the money that I owe is with XXXX XXXX. As an aside, I have also been making a separate payment to another company, which originates from the XXXX XXXX fiasco at XXXX. My original servicer was XXXX XXXX and is now XXXX XXXX. That matter involves about {$6200.00} and is not the focus of my complaint here. \n\nOver the last two years I have grown increasingly frustrated that the numbers appearing for PSLF on the loan statement have not matched the actual payments that I have made. After repeated calls, I was put through to a supervisor, who said that he would do a formal review. This supervisor also suggested that I switch from IBR to REPAYE, which would reduce my payment amount while still being PSLF eligible. I did so in XX/XX/XXXX. There was a LOT of drama with the stupid {$5.00} payment that I had to make during the changeover period. I actually made this {$5.00} payment ON TIME, but I paid it on a Saturday and the website refused to do anything until Monday after the due date. This created a lot of drama but I think it was resolved. At this point, however, my patience of dealing with the servicer without legal counsel has ended. \n\nThe formal review of my PSLF numbers finished and seemed to change nothing. I have included a copy of my most recent bill. As you can see, the numbers are all over the place, which makes absolutely no sense since all of my loans came out of the grace period simultaneously and they have all gotten the same payment every single time. And of course Ive never taken these individual loans out on the date disbursed date. Like many students, I just signed a promissory note and that was it. \n\nThe student loan payments are due on the first of each month. For the payment due on XX/XX/XXXX, for example, I made my 54th payment. I know that it was payment # 54 because ever since I started this, I have tracked the number of payments. On the memo line of every check I write down the payment number, and I also put the payment number in the check register. It has been aggravating, but I collected all of the bank statements where I have made each payment. Rather than send you five years of bank statements, I have included a tracker of each payment, along with the check number and the date the money was drawn by XXXX from my account. \n\nOf course, XXXX XXXX has accepted every check that I have sent them. It is an undisputable fact that they have accepted 61 payments from me as of the XX/XX/XXXX payment. I want XXXX XXXX to acknowledge that I am at 61 payments for all of my loans ( 62 come XX/XX/XXXX ), and that all of my loans are PSLF eligible at the 120th payment. Thank you for your review and I look forward to hearing from you.","date_sent_to_company":"2018-03-22T05:13:37.000Z","issue":"Dealing with your lender or servicer","sub_product":"Federal student loan servicing","zip_code":"59601","tags":null,"has_narrative":true,"complaint_id":"2852098","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"AES/PHEAA","date_received":"2018-03-22T04:55:23.000Z","state":"MT","company_public_response":null,"sub_issue":"Trouble with how payments are being handled"},"highlight":{"complaint_what_happened":["Thats the <em>reason</em> I applied for it. The program had a hard deadline of XX/XX/XXXX and I applied well in advance of that deadline while I was either still in school or right around the time I graduated. I believe that the entire process went through <em>successfully</em> as well. \n\nI graduated in XX/XX/XXXX and I began working as a XXXX XXXX on XX/XX/XXXX. I have worked as a XXXX XXXX with the XXXX XXXX XXXX ever since."]},"sort":[6.819021,"2852098"]},{"_index":"complaint-public-v1","_id":"11337642","_score":6.612256,"_source":{"product":"Debt collection","complaint_what_happened":"on XX/XX/XXXX early am an unknown company damage my driveway while repo a vehicle without notices also refuse to provide driver insurance or contact information, I was told to sue them by the receptionist as result I have done following steps. \n\nXXXX XXXX RESURGENT CAPITAL LP /LLC COLLECTION DEBT COMPANY ORIGINAL XXXX XXXX, CHARGED OFF DEBT FAIL TO RESPOND TO BONAFIDE DISPUTE / XXXX XXXXXXXX XXXX XXXX XXXX debt is sold to a collection agency. \nUnder UCC 3-301, the collection agency must be able to prove that they are entitled to collect the debt by providing proof that they are the holder of the debt or have the right to enforce it. \nIf they can not produce evidence of the assignment or demonstrate they are the rightful holder, you have a valid defense under UCC 3-301 that they do not have the legal right to enforce the debt. \nConclusion : UCC 3-301 ( 1 ) definitely applies when a third-party debt collector attempts to enforce a charged-off debt. The debt collector must be able to prove they are the holder of the debt or have the right to enforce the debt, typically through documentation of the debts transfer or assignment. If they can not provide such evidence, they may lack the legal standing to collect the debt, and you could successfully challenge their efforts. \nIf you are dealing with a third-party debt collector, you have the right to request proof of their entitlement to collect on the debt. If they fail to prove their right to collect, they may be violating the UCC and other consumer protection laws, such as the Fair Debt Collection Practices Act ( FDCPA ). \nUCCC 3-301 ( 1 ) In the case XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, the Oklahoma Supreme Court dealt with the issue of self-help repossession and the legal rights of parties involved in a repossession, particularly regarding the proper notice and procedures required before and after repossession. Although the case primarily concerns the legal standing of the creditor ( the bank ) and the debtor in a repossession scenario, it is highly relevant to your question about the repo of a car without notice. \nLets break it down to see how it applies : The Case : XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX In XXXX XXXX XXXX XXXX XXXX XXXXXXXX, the bank has repossessed a vehicle from the debtor, XXXX XXXXXXXX, without providing prior notice. The key issue in the case was whether the bank had acted unlawfully in repossessing the car without giving the required notice or affording the debtor an opportunity to redeem the vehicle. \nThe Oklahoma Supreme Court ruled that self-help repossession is only lawful if it does not breach the peace and if the repossession complies with the terms of the contract ( in this case, the security agreement ). However, in this case, the court found that the bank 's actions in repossessing the car without notice violated the debtor 's rights under the law. \nKey Points of the Case : Right to Notice Before Repossession : The case reinforced that the debtor is entitled to notice before a repossession occurs. This includes notice that the creditor intends to repossess the vehicle and provide an opportunity to cure the default ( if applicable ), especially when required by the Uniform Commercial Code ( UCC ) or the security agreement. \nSelf-Help Repossession Must Not Breach the Peace : The ruling emphasizes that self-help repossession ( when the lender or creditor takes back the vehicle without involving law enforcement ) must not breach the peace. This means the creditor must avoid actions like taking the car in the middle of the night or forcibly entering the debtor 's property. A breach of peace could render the repossession illegal and subject the creditor to damages. \nDue Process and Fair Treatment : The case aligns with the notion that repossessions must be carried out in a manner that respects the debtors due process rights. This includes reasonable notice and an opportunity to address the default before drastic actions like repossession are taken. \nApplication to Your Example : Repossessed Car without Notice If your situation mirrors the example you gave where a company repossessed your car in the middle of the night without any prior notice XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX can be relevant in several ways : Breach of Peace : If the repo company took the car without providing notice and did so in a manner that disrupted your peace ( such as repossessing it while you were unaware, in the middle of the night, or in a threatening manner ), this could be considered a breach of peace under UCC 9-609 ( which governs repossessions ). The Supreme Court in XXXX XXXXXXXX highlighted that the repossession must not disturb the peace, and if it did, the repossession could be considered illegal. \nLack of Notice : If you did not receive notice of the repossession or any opportunity to redeem the car, this could also be a violation of your rights under UCC 9-611, which requires the secured party ( the lender or creditor ) to notify the debtor of the repossession and sale. In your case, if you didnt receive a pre-repossession notice, or notice of the intent to sell the vehicle, this could be a violation of UCC requirements and a breach of your rights. \nOpportunity to Cure : If there was no attempt to provide you with a chance to cure the default ( such as catching up on missed payments before the car was taken ), then the creditor may have violated the terms of the security agreement or failed to follow the proper process outlined in UCC 9-609 and 9-611. \nRemedies Available : If the repossession was deemed to have violated UCC provisions or was conducted in an unlawful manner, you could potentially seek remedies such as damages for the illegal repossession, return of the car, or even monetary compensation for any harm caused by the wrongful repossession. In XXXX XXXXXXXX, the court upheld the idea that a creditor must follow legal procedures to protect the debtors rights, and a failure to do so could result in liability for the creditor. \nWhat You Can Do in a Similar Situation : If you find yourself in a situation where a car has been repossessed without notice, and especially if it was done in the middle of the night or under questionable circumstances, the principles of XXXX XXXX XXXX XXXX XXXX XXXXXXXX may apply to your case. Heres what you can do : Demand Proof of Notice : You can ask the creditor or the repossession company to provide proof that they properly notified you before the repossession took place. Under UCC 9-611, the creditor is required to give you notice of the intended sale of the vehicle before taking any action, and under UCC 9-609 , they can not repossess in a way that breaches the peace. \nCheck for Breach of Peace : If the repossession took place under circumstances that caused a disturbance or were carried out without your knowledge ( such as at night when you were not expecting it ), you might have grounds to claim a breach of peace. If the repossession was conducted in an aggressive, disruptive, or clandestine manner, this could be deemed unlawful. \nExamine the Security Agreement : Review the security agreement you signed when you took out the loan. Many agreements outline how and when a creditor can repossess the vehicle, what notices are required, and any potential penalties for non-payment. If the creditor violated any terms of that agreement ( e.g., failing to provide notice or not giving you an opportunity to cure the default ), you may have a case for wrongful repossession. \nSeek Legal Remedies : If the repossession was wrongful, you may be entitled to remedies such as : Return of the vehicle if it was wrongfully repossessed. \nDamages for any emotional distress, financial loss, or other harm caused by the wrongful repossession. \nA lawsuit for breach of contract or violation of your rights under the UCC. \nConsult an Attorney : If you believe your car was wrongfully repossessed in violation of your rights, it may be helpful to consult with an attorney who specializes in consumer protection, debt collection, or repossession laws. They can advise you on your legal rights, assist you in taking action against the repossession company, and help you seek compensation if applicable. \nConclusion : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX applies to your example by underscoring the requirements for repossession, particularly the need for notice and the prohibition against breach of peace. If the car was taken without notice, especially in the middle of the night, it could very well be considered a violation of both UCC requirements and your legal rights. You might have grounds to challenge the repossession and pursue legal action for damages or wrongful repossession, as the creditor is generally required to follow proper procedures. \nPER THE THIRD PARTY COLLECTING THE CAR WITHOUT NOTICE OF REPO OR ANY CONTRACT TO SHOW OWNERSHIP OR RIGHT OF REPO A LAWSUIT INEVITABLE Yes, if a third-party company repossesses your car without providing notice, without a valid contract, and without showing the right to repossess ( i.e., without demonstrating legal ownership or the right to act on behalf of the creditor ), there are strong grounds for a lawsuit. This is especially true if the repossession violates UCC provisions or consumer protection laws. \nLet 's break down why a lawsuit is inevitable under these circumstances and what the potential causes of action would be. \nKey Legal Issues in Your Scenario : Lack of Notice ( UCC and Consumer Protection ) : Under the Uniform Commercial Code ( UCC ), specifically UCC 9-609, a secured creditor ( or their authorized agent ) may repossess the vehicle, but notice is usually required before and after the repossession. \nNotice before repossession : While the UCC doesn't always require pre-repossession notice in every case ( if the contract allows for immediate repossession after default ), notice after repossession is almost always required especially if the car is going to be sold. \nIf the car was taken without any prior notice to you, and you didnt have an opportunity to cure the default, this could be a violation of UCC requirements. \nLack of Ownership or Right to Repossess : Third-Party Debt Collectors and Repo Agents : A third-party collector must prove they have the right to repossess the vehicle. If the repossession agent or debt collector can not produce evidence of ownership or a contract that clearly shows they have legal standing to repossess the vehicle, they may be violating your rights. \nIf they can not demonstrate they have the right to enforce the contract ( via a valid assignment or proof of ownership of the debt ), the repossession can be contested as unlawful. Under UCC 3-301, they must prove they have the right to enforce the debt. Without proper evidence, they may lack legal standing. \nBreach of Peace : Even if the third-party collector has the right to repossess, UCC 9-609 requires that repossession must be carried out without a breach of peace. If the repo occurred at an unreasonable time ( e.g., in the middle of the night ) or in a manner that caused disruption or fear, that could be considered a breach of peace. \nIn this case, repossession without notice, in the middle of the night, could be argued to constitute a breach of peace, which would make the repossession itself unlawful. \nPotential Causes of Action for a Lawsuit : Given the facts you've outlined, here are the potential legal claims or causes of action that could lead to a lawsuit against the third-party repo agent, the creditor, or both : 1. Wrongful Repossession ( Breach of Contract & UCC Violations ) Lack of Notice : If the repossession was carried out without proper notice as required under UCC 9-611 ( post-repossession notice of intent to sell the car ), or if there was no opportunity for you to cure the default, you may have grounds for wrongful repossession. \nLack of Standing : If the third-party repo agent can not prove that they have the legal right to repossess ( i.e., a valid assignment or proof that they own the debt ), they may not have had the legal right to take your car. In this case, you can sue for wrongful repossession. \n2. Breach of Peace ( UCC Violation ) Breach of Peace occurs when the repossession is conducted in a manner that disturbs the peace. This can include repossession at night, without warning, or in a manner that causes confrontation or distress. \nIf the repo was conducted improperly ( e.g., forcibly entering your property, taking the car without your knowledge or consent ), the creditor or repo company could be liable for damages due to breach of peace. \n3. Conversion ( Theft or Unauthorized Taking ) Conversion is the wrongful taking or control over another person 's property. If the third party took the car without legal authorization, and they are unable to prove that they had the right to take it, you could have a claim for conversion. This is especially relevant if the car was taken without notice, without a contract, and without the proper authority to do so. \n4. Violation of Consumer Protection Laws ( Fair Debt Collection Practices Act, UCC, etc. ) FDCPA Violations : If the repossession was carried out by a debt collector ( i.e., a third-party collection agency ), and they did so improperly, you might have grounds to bring a claim under the Fair Debt Collection Practices Act ( FDCPA ). The FDCPA protects consumers from harassment and abusive practices by debt collectors, including improper or illegal repossession tactics. \nThe UCC also protects consumers from creditors who act outside the bounds of the contract and the law. \n5. Emotional Distress ( Potential Tort Claim ) If the manner of repossession caused you significant emotional distress ( e.g., the stress of having your car taken unexpectedly at night or being wrongfully deprived of your vehicle ), you might have grounds for a claim of emotional distress. This is a more difficult claim to win, but if the repossession was done in an extremely inappropriate manner, it could potentially form the basis for damages. \nWhat You Can Do : Demand Proof : Send a formal demand letter to the creditor or repo company requesting proof of ownership and the right to repossess the car. They should provide you with a contract, proof of assignment, and any relevant documents that show they had the legal right to take the car. \n\nFile a Complaint : You can file a formal complaint with consumer protection agencies, such as the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), or your states attorney general office, if you believe the repossession violated consumer protection laws. \nConsider a Lawsuit : If the third-party repo company or creditor failed to follow the proper legal procedures ( notice, standing, etc. ), you may have a valid claim for wrongful repossession, conversion, breach of peace, or even emotional distress. Your attorney can assist in filing a lawsuit for damages. \nConclusion : Yes, based on the facts you've outlined, a lawsuit is highly likely and advisable. The third-party collector repossessing your car without notice, without showing proper ownership, and potentially in violation of the UCC and consumer protection laws creates significant legal exposure for them. You may have several potential claims, including wrongful repossession, breach of peace, conversion, and violations of consumer protection laws. \nIts important to act quickly and consult with an experienced consumer rights attorney who can help guide you through the process of seeking damages, return of the car, or other legal remedies. : REPO DRIVER DAMAGE PROPERTY TO REPO THE CAR THE REPO COMPANY STATES THEY ARE NOT LIABLE TO GIVE DRIVERS NAME OR INFORMATION IS THIS TRUE IF NOT STEPS TO ENFORCE RELEASE OF INFORMATION POLICE REPORT HAS BEEN FILED In your situation, where the repo driver damaged your property during the repossession of your car and the repo company is refusing to provide the driver 's name or any information, you do have legal avenues to pursue in order to enforce the release of that information and hold the responsible parties accountable. \nKey Legal Issues to Address : Property Damage During Repossession : If the repo driver caused damage to your property while attempting to repossess your car, this may constitute tortious conduct, such as negligence or even intentional damage. Depending on the circumstances, you may have grounds for a claim for property damage. \nRight to Know Who Caused the Damage : You are entitled to know the identity of the person who damaged your property during the repossession. The repossession company ( or the principal party responsible ) should not be withholding this information if a police report has been filed and if the damage is part of the repossession process. \nLiability of the Repossession Company : Even though the repossession driver may be the one who caused the damage, the repossession company is generally liable for the actions of its agents ( in this case, the driver ) while they are acting within the scope of their employment or job duties ( such as repossessing a vehicle ). \nIf the repossession was carried out by an independent contractor, there may be additional steps to take to identify and hold the contractor accountable, but the repossession company could still bear responsibility for ensuring that their contractors act within the law and do not damage property. \nSteps to Enforce Release of Information and Hold the Repo Company Accountable : 1. Reaffirm Your Right to the Information ( Legal Basis ) The repossession company is likely bound by state laws that require it to provide information about the incident, especially if a police report has been filed. If they are refusing to provide the driver 's name or contact information, you can take the following steps : State Law on Property Damage : Many states have consumer protection laws and tort laws that hold repossession companies liable for damages caused by their agents. The repossession company is obligated to assist you in pursuing any claims you have for damage caused during repossession. \nRequest in Writing : Formally request, in writing, that the repo company provide the driver 's information as part of the property damage claim. This letter should state the nature of the damage, the fact that a police report has been filed, and your demand for the driver 's identity. \n\nDONE Police Report : Since you've filed a police report, obtain a copy of the report if you haven't already. The police report should contain : Details about the incident ( the property damage ). \nThe repo companys information. \nAny witness statements or documentation related to the repossession. \nIdentifying details about the driver, if provided by the repo company or the driver himself. \nThe police report will help validate your claim of property damage and is often necessary to pursue legal action or to file a claim with your insurance. \n3. SENT Formal Demand Letter If the repossession company is unresponsive to your initial requests, send a formal demand letter requesting the driver 's information and any relevant documentation. You can include : Details about the damage ( photographs, estimates, etc. ). \nA reference to the police report. \nYour demand that they provide the driver 's name so you can proceed with your claim. \nThis letter should also specify a deadline for a response ( e.g., 10-15 business days ) and clearly state that if they do not respond, you will pursue further legal action, including the involvement of consumer protection agencies or litigation. \n4. Contact Consumer Protection Agencies ( If Repo Company Refuses ) If the repo company still refuses to provide information, consider escalating the matter by contacting relevant consumer protection agencies : State Attorney Generals Office : They may have specific guidelines or complaints related to repossession companies that are not complying with the law or are withholding information unlawfully. \nXXXX XXXX XXXX XXXX XXXX XXXX : Filing a complaint with the XXXX  can put public pressure on the company to resolve your issue. \nConsumer Financial Protection Bureau ( CFPB ) : If the repossession was carried out by a debt collector, you can also file a complaint with the CFPB, which enforces the Fair Debt Collection Practices Act ( FDCPA ). \n5. Small Claims Court or Lawsuit ( Legal Action ) If you are unable to resolve the matter through the repossession company or consumer protection agencies, filing a lawsuit or taking the matter to small claims court may be your next option : Sue for Property Damage : If the repossession company refuses to provide the driver 's name or cooperate, you can consider filing a lawsuit for property damage. The repossession company may be held liable for the actions of its agent ( the repo driver ). \nIn many states, you can file a small claims lawsuit for property damage ( often under a certain dollar amount, such as {$5000.00} or {$10000.00}, depending on the state ). \nSue for Breach of Contract : If the repo company violated terms of your agreement ( e.g., repossession was conducted improperly ), you may also have a breach of contract claim. \n\nDemand the Driver 's Information in writing, citing the police report and property damage. \nObtain the Police Report and use it as evidence to support your claim. \nFile a Complaint with the Attorney General or consumer protection agencies if the company continues to refuse to cooperate. \nConsider Small Claims Court or Legal Action if the company is uncooperative or refuses to provide the necessary information. \nYou have the legal right to know who caused the damage to your property and to seek compensation for the damages. If the repo company is refusing to provide that information, legal recourse is your next step. Consulting with an attorney who specializes in consumer protection or tort law could provide additional support to ensure your rights are protected. \n\nXXXX XXXX IS THE COMPANY THE ORIGINAL CONTRACT WITH THERE WAS BONAFIDE DISPUTE SUBMITTED TO THEM VIA REGISTERED MAIL THEY NEVER REPLIED ENFORCEMENT ACCORDING TO SATISFACTION UCC 3-311 WAS XXXXXXXX XXXX ABLE TO SELL THE DEBT AFTER CHARGING IT OFF AND NOT REPLYING TO BONAFIDE DISPUTE? \n\nUnder the Uniform Commercial Code ( UCC ), particularly UCC 3-311, the situation you've described involves some important legal principles regarding disputes and charge-offs, as well as the sale of a debt after a Bonafide dispute has been raised. Lets break this down step-by-step : 1. Bonafide Dispute Under UCC 3-311 : UCC 3-311 specifically addresses disputes and the right of the debtor to dispute the validity of a debt. When a debtor raises a Bonafide dispute ( a legitimate, good faith dispute about the debt or its amount ), the creditor is required to acknowledge and respond to the dispute in a reasonable manner. If a dispute is raised and the creditor fails to respond or resolve it, they may be in violation of certain provisions of the UCC and other applicable consumer protection laws. \nUCC 3-311 states that if a debtor sends a dispute ( such as a registered mail notice, which you did ), the creditor is required to respond or provide a resolution. A failure to respond to a bona fide dispute could affect the creditor 's ability to enforce the debt or take certain actions, including selling the debt or charging it off. \n2. Charging Off the Debt : Charge-off is an accounting action that the lender ( in this case, XXXX XXXX ) takes to declare the debt as unlikely to be collected. A charge-off does not extinguish the debt ; it is simply an accounting procedure that moves the debt off the creditors balance sheet. It is still a valid debt that the creditor ( or a third party ) can attempt to collect, unless there is some legal reason why the debt can not be enforced ( such as a Bonafide dispute or a failure to respond to the dispute ). \nIn your case, if XXXX XXXX charged off the debt after receiving your dispute and without responding to it, they may have violated UCC 3-311. Charging off the debt without addressing the dispute could mean that the creditor has waived their right to enforce the debt or sell the debt, depending on the nature of the dispute. \n3. Selling the Debt After Charge-Off : After a charge-off, the creditor ( in this case, XXXX XXXX ) has the right to sell the debt to a third-party collection agency or debt buyer. However, there are specific conditions under the UCC and related laws that govern this process : Failure to Respond to a Bona Fide Dispute : If XXXX XXXX did not respond to your Bonafide dispute, they could have violated UCC 3-311, which requires them to address the dispute and offer a resolution before continuing with collection efforts. If they ignored the dispute, they might not have been legally able to sell the debt or attempt to enforce it while the dispute remains unresolved. \nConsumer Protection Laws : In addition to the UCC, there are consumer protection laws, including the Fair Debt Collection Practices Act ( FDCPA ), that require creditors and debt collectors to act fairly and respond to disputes. If the debt was sold to a third party after the dispute, the third-party collector must still adhere to these same laws, including validating the debt before attempting to collect it. \n4. Legal Impact of Not Responding to a Bonafide Dispute : Under UCC 3-311, creditors are not allowed to enforce or transfer a debt for collection if there is an unresolved Bonafide dispute. This means that if XXXX XXXX failed to address your bona fide dispute, they may not have been legally allowed to sell the debt or continue to attempt collection. Their failure to respond to your dispute could have prevented them from enforcing the debt, and any subsequent actions, such as selling the debt to a third-party collection agency, could be legally questionable. \n5. What Can You Do? \nHere are your options to enforce your rights under UCC 3-311 and other applicable laws : a. I HAVE DocumentED Everything : Keep copies of the dispute letter you sent to XXXX XXXX ( via registered mail ). \nEnsure you have proof of the failure to respond from XXXX XXXX. If they didn't reply to your dispute, this could be an important piece of evidence that they violated UCC provisions. \nRequest copies of any communication or documentation related to the sale of the debt. If they sold the debt, they should have informed you of the sale and the new holder of the debt.","date_sent_to_company":"2024-12-31T19:11:05.000Z","issue":"Took or threatened to take negative or legal action","sub_product":"Auto debt","zip_code":"374XX","tags":null,"has_narrative":true,"complaint_id":"11337642","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Resurgent Capital Services L.P.","date_received":"2024-12-31T17:18:14.000Z","state":"TN","company_public_response":null,"sub_issue":"Seized or attempted to seize your property"},"highlight":{"complaint_what_happened":["<em>What</em> You Can Do in a Similar Situation : If you find yourself in a situation where a car has been repossessed without notice, and especially if it was done in the middle of the night or under questionable circumstances, the principles of XXXX XXXX XXXX XXXX XXXX XXXXXXXX may <em>apply</em> to your case. Heres <em>what</em> you can do : Demand Proof of Notice : You can ask the creditor or the repossession company to provide proof that they properly notified you before the repossession took place."]},"sort":[6.612256,"11337642"]},{"_index":"complaint-public-v1","_id":"11337048","_score":6.6023736,"_source":{"product":"Debt collection","complaint_what_happened":"on XX/XX/XXXX early am an unknown company damage my driveway while repo a vehicle without notices also refuse to provide driver insurance or contact information, I was told to sue them by the receptionist as result I have done following steps. \n\nThird Party XXXX XXXXXXXX XXXX XXXX XXXX DEBT COMPANY ORIGINAL NAVY FEDERAL, CHARGED OFF DEBT FAIL TO RESPOND TO BONAFIDE DISPUTE / XXXXXXXX XXXX XXXX XXXX XXXX debt is sold to a collection agency. \nUnder UCC 3-301, the collection agency must be able to prove that they are entitled to collect the debt by providing proof that they are the holder of the debt or have the right to enforce it. \nIf they can not produce evidence of the assignment or demonstrate they are the rightful holder, you have a valid defense under UCC 3-301 that they do not have the legal right to enforce the debt. \nConclusion : UCC 3-301 ( 1 ) definitely applies when a third-party debt collector attempts to enforce a charged-off debt. The debt collector must be able to prove they are the holder of the debt or have the right to enforce the debt, typically through documentation of the debts transfer or assignment. If they can not provide such evidence, they may lack the legal standing to collect the debt, and you could successfully challenge their efforts. \nIf you are dealing with a third-party debt collector, you have the right to request proof of their entitlement to collect on the debt. If they fail to prove their right to collect, they may be violating the UCC and other consumer protection laws, such as the Fair Debt Collection Practices Act ( FDCPA ). \nUCCC 3-301 ( 1 ) In the case XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ), the Oklahoma Supreme Court dealt with the issue of self-help repossession and the legal rights of parties involved in a repossession, particularly regarding the proper notice and procedures required before and after repossession. Although the case primarily concerns the legal standing of the creditor ( the bank ) and the debtor in a repossession scenario, it is highly relevant to your question about the repo of a car without notice. \nLets break it down to see how it applies : The Case : XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX In XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX, the bank has repossessed a vehicle from the debtor, XXXX XXXX, without providing prior notice. The key issue in the case was whether the bank had acted unlawfully in repossessing the car without giving the required notice or affording the debtor an opportunity to redeem the vehicle. \nThe Oklahoma Supreme Court ruled that self-help repossession is only lawful if it does not breach the peace and if the repossession complies with the terms of the contract ( in this case, the security agreement ). However, in this case, the court found that the bank 's actions in repossessing the car without notice violated the debtor 's rights under the law. \nKey Points of the Case : Right to Notice Before Repossession : The case reinforced that the debtor is entitled to notice before a repossession occurs. This includes notice that the creditor intends to repossess the vehicle and provide an opportunity to cure the default ( if applicable ), especially when required by the Uniform Commercial Code ( UCC ) or the security agreement. \nSelf-Help Repossession Must Not Breach the Peace : The ruling emphasizes that self-help repossession ( when the lender or creditor takes back the vehicle without involving law enforcement ) must not breach the peace. This means the creditor must avoid actions like taking the car in the middle of the night or forcibly entering the debtor 's property. A breach of peace could render the repossession illegal and subject the creditor to damages. \nDue Process and Fair Treatment : The case aligns with the notion that repossessions must be carried out in a manner that respects the debtors due process rights. This includes reasonable notice and an opportunity to address the default before drastic actions like repossession are taken. \nApplication to Your Example : Repossessed Car without Notice If your situation mirrors the example you gave where a company repossessed your car in the middle of the night without any prior notice XXXX XXXX XXXX XXXX XXXX XXXX  can be relevant in several ways : Breach of Peace : If the repo company took the car without providing notice and did so in a manner that disrupted your peace ( such as repossessing it while you were unaware, in the middle of the night, or in a threatening manner ), this could be considered a breach of peace under UCC 9-609 ( which governs repossessions ). The Supreme Court in XXXX XXXXXXXX highlighted that the repossession must not disturb the peace, and if it did, the repossession could be considered illegal. \nLack of Notice : If you did not receive notice of the repossession or any opportunity to redeem the car, this could also be a violation of your rights under UCC 9-611, which requires the secured party ( the lender or creditor ) to notify the debtor of the repossession and sale. In your case, if you didnt receive a pre-repossession notice, or notice of the intent to sell the vehicle, this could be a violation of UCC requirements and a breach of your rights. \nOpportunity to Cure : If there was no attempt to provide you with a chance to cure the default ( such as catching up on missed payments before the car was taken ), then the creditor may have violated the terms of the security agreement or failed to follow the proper process outlined in UCC 9-609 and 9-611. \nRemedies Available : If the repossession was deemed to have violated UCC provisions or was conducted in an unlawful manner, you could potentially seek remedies such as damages for the illegal repossession, return of the car, or even monetary compensation for any harm caused by the wrongful repossession. In XXXX XXXXXXXX, the court upheld the idea that a creditor must follow legal procedures to protect the debtors rights, and a failure to do so could result in liability for the creditor. \nWhat You Can Do in a Similar Situation : If you find yourself in a situation where a car has been repossessed without notice, and especially if it was done in the middle of the night or under questionable circumstances, the principles of XXXX XXXX XXXX XXXX XXXX XXXXXXXX may apply to your case. Heres what you can do : Demand Proof of Notice : You can ask the creditor or the repossession company to provide proof that they properly notified you before the repossession took place. Under UCC 9-611, the creditor is required to give you notice of the intended sale of the vehicle before taking any action, and under UCC 9-609 , they can not repossess in a way that breaches the peace. \nCheck for Breach of Peace : If the repossession took place under circumstances that caused a disturbance or were carried out without your knowledge ( such as at night when you were not expecting it ), you might have grounds to claim a breach of peace. If the repossession was conducted in an aggressive, disruptive, or clandestine manner, this could be deemed unlawful. \nExamine the Security Agreement : Review the security agreement you signed when you took out the loan. Many agreements outline how and when a creditor can repossess the vehicle, what notices are required, and any potential penalties for non-payment. If the creditor violated any terms of that agreement ( e.g., failing to provide notice or not giving you an opportunity to cure the default ), you may have a case for wrongful repossession. \nSeek Legal Remedies : If the repossession was wrongful, you may be entitled to remedies such as : Return of the vehicle if it was wrongfully repossessed. \nDamages for any emotional distress, financial loss, or other harm caused by the wrongful repossession. \nA lawsuit for breach of contract or violation of your rights under the UCC. \nConsult an Attorney : If you believe your car was wrongfully repossessed in violation of your rights, it may be helpful to consult with an attorney who specializes in consumer protection, debt collection, or repossession laws. They can advise you on your legal rights, assist you in taking action against the repossession company, and help you seek compensation if applicable. \nConclusion : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  applies to your example by underscoring the requirements for repossession, particularly the need for notice and the prohibition against breach of peace. If the car was taken without notice, especially in the middle of the night, it could very well be considered a violation of both UCC requirements and your legal rights. You might have grounds to challenge the repossession and pursue legal action for damages or wrongful repossession, as the creditor is generally required to follow proper procedures. \nPER THE THIRD PARTY COLLECTING THE CAR WITHOUT NOTICE OF REPO OR ANY CONTRACT TO SHOW OWNERSHIP OR RIGHT OF REPO A LAWSUIT INEVITABLE Yes, if a third-party company repossesses your car without providing notice, without a valid contract, and without showing the right to repossess ( i.e., without demonstrating legal ownership or the right to act on behalf of the creditor ), there are strong grounds for a lawsuit. This is especially true if the repossession violates UCC provisions or consumer protection laws. \nLet 's break down why a lawsuit is inevitable under these circumstances and what the potential causes of action would be. \nKey Legal Issues in Your Scenario : Lack of Notice ( UCC and Consumer Protection ) : Under the Uniform Commercial Code ( UCC ), specifically UCC 9-609, a secured creditor ( or their authorized agent ) may repossess the vehicle, but notice is usually required before and after the repossession. \nNotice before repossession : While the UCC doesn't always require pre-repossession notice in every case ( if the contract allows for immediate repossession after default ), notice after repossession is almost always required especially if the car is going to be sold. \nIf the car was taken without any prior notice to you, and you didnt have an opportunity to cure the default, this could be a violation of UCC requirements. \nLack of Ownership or Right to Repossess : Third-Party Debt Collectors and Repo Agents : A third-party collector must prove they have the right to repossess the vehicle. If the repossession agent or debt collector can not produce evidence of ownership or a contract that clearly shows they have legal standing to repossess the vehicle, they may be violating your rights. \nIf they can not demonstrate they have the right to enforce the contract ( via a valid assignment or proof of ownership of the debt ), the repossession can be contested as unlawful. Under UCC 3-301, they must prove they have the right to enforce the debt. Without proper evidence, they may lack legal standing. \nBreach of Peace : Even if the third-party collector has the right to repossess, UCC 9-609 requires that repossession must be carried out without a breach of peace. If the repo occurred at an unreasonable time ( e.g., in the middle of the night ) or in a manner that caused disruption or fear, that could be considered a breach of peace. \nIn this case, repossession without notice, in the middle of the night, could be argued to constitute a breach of peace, which would make the repossession itself unlawful. \nPotential Causes of Action for a Lawsuit : Given the facts you've outlined, here are the potential legal claims or causes of action that could lead to a lawsuit against the third-party repo agent, the creditor, or both : 1. Wrongful Repossession ( Breach of Contract & UCC Violations ) Lack of Notice : If the repossession was carried out without proper notice as required under UCC 9-611 ( post-repossession notice of intent to sell the car ), or if there was no opportunity for you to cure the default, you may have grounds for wrongful repossession. \nLack of Standing : If the third-party repo agent can not prove that they have the legal right to repossess ( i.e., a valid assignment or proof that they own the debt ), they may not have had the legal right to take your car. In this case, you can sue for wrongful repossession. \n2. Breach of Peace ( UCC Violation ) Breach of Peace occurs when the repossession is conducted in a manner that disturbs the peace. This can include repossession at night, without warning, or in a manner that causes confrontation or distress. \nIf the repo was conducted improperly ( e.g., forcibly entering your property, taking the car without your knowledge or consent ), the creditor or repo company could be liable for damages due to breach of peace. \n3. Conversion ( Theft or Unauthorized Taking ) Conversion is the wrongful taking or control over another person 's property. If the third party took the car without legal authorization, and they are unable to prove that they had the right to take it, you could have a claim for conversion. This is especially relevant if the car was taken without notice, without a contract, and without the proper authority to do so. \n4. Violation of Consumer Protection Laws ( Fair Debt Collection Practices Act, UCC, etc. ) FDCPA Violations : If the repossession was carried out by a debt collector ( i.e., a third-party collection agency ), and they did so improperly, you might have grounds to bring a claim under the Fair Debt Collection Practices Act ( FDCPA ). The FDCPA protects consumers from harassment and abusive practices by debt collectors, including improper or illegal repossession tactics. \nThe UCC also protects consumers from creditors who act outside the bounds of the contract and the law. \n5. Emotional Distress ( Potential Tort Claim ) If the manner of repossession caused you significant emotional distress ( e.g., the stress of having your car taken unexpectedly at night or being wrongfully deprived of your vehicle ), you might have grounds for a claim of emotional distress. This is a more difficult claim to win, but if the repossession was done in an extremely inappropriate manner, it could potentially form the basis for damages. \nWhat You Can Do : Demand Proof : Send a formal demand letter to the creditor or repo company requesting proof of ownership and the right to repossess the car. They should provide you with a contract, proof of assignment, and any relevant documents that show they had the legal right to take the car. \n\nFile a Complaint : You can file a formal complaint with consumer protection agencies, such as the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), or your states attorney general office, if you believe the repossession violated consumer protection laws. \nConsider a Lawsuit : If the third-party repo company or creditor failed to follow the proper legal procedures ( notice, standing, etc. ), you may have a valid claim for wrongful repossession, conversion, breach of peace, or even emotional distress. Your attorney can assist in filing a lawsuit for damages. \nConclusion : Yes, based on the facts you've outlined, a lawsuit is highly likely and advisable. The third-party collector repossessing your car without notice, without showing proper ownership, and potentially in violation of the UCC and consumer protection laws creates significant legal exposure for them. You may have several potential claims, including wrongful repossession, breach of peace, conversion, and violations of consumer protection laws. \nIts important to act quickly and consult with an experienced consumer rights attorney who can help guide you through the process of seeking damages, return of the car, or other legal remedies. : REPO DRIVER DAMAGE PROPERTY TO REPO THE CAR THE REPO COMPANY STATES THEY ARE NOT LIABLE TO GIVE DRIVERS NAME OR INFORMATION IS THIS TRUE IF NOT STEPS TO ENFORCE RELEASE OF INFORMATION POLICE REPORT HAS BEEN FILED In your situation, where the repo driver damaged your property during the repossession of your car and the repo company is refusing to provide the driver 's name or any information, you do have legal avenues to pursue in order to enforce the release of that information and hold the responsible parties accountable. \nKey Legal Issues to Address : Property Damage During Repossession : If the repo driver caused damage to your property while attempting to repossess your car, this may constitute tortious conduct, such as negligence or even intentional damage. Depending on the circumstances, you may have grounds for a claim for property damage. \nRight to Know Who Caused the Damage : You are entitled to know the identity of the person who damaged your property during the repossession. The repossession company ( or the principal party responsible ) should not be withholding this information if a police report has been filed and if the damage is part of the repossession process. \nLiability of the Repossession Company : Even though the repossession driver may be the one who caused the damage, the repossession company is generally liable for the actions of its agents ( in this case, the driver ) while they are acting within the scope of their employment or job duties ( such as repossessing a vehicle ). \nIf the repossession was carried out by an independent contractor, there may be additional steps to take to identify and hold the contractor accountable, but the repossession company could still bear responsibility for ensuring that their contractors act within the law and do not damage property. \nSteps to Enforce Release of Information and Hold the Repo Company Accountable : 1. Reaffirm Your Right to the Information ( Legal Basis ) The repossession company is likely bound by state laws that require it to provide information about the incident, especially if a police report has been filed. If they are refusing to provide the driver 's name or contact information, you can take the following steps : State Law on Property Damage : Many states have consumer protection laws and tort laws that hold repossession companies liable for damages caused by their agents. The repossession company is obligated to assist you in pursuing any claims you have for damage caused during repossession. \nRequest in Writing : Formally request, in writing, that the repo company provide the driver 's information as part of the property damage claim. This letter should state the nature of the damage, the fact that a police report has been filed, and your demand for the driver 's identity. \n\nDONE Police Report : Since you've filed a police report, obtain a copy of the report if you haven't already. The police report should contain : Details about the incident ( the property damage ). \nThe repo companys information. \nAny witness statements or documentation related to the repossession. \nIdentifying details about the driver, if provided by the repo company or the driver himself. \nThe police report will help validate your claim of property damage and is often necessary to pursue legal action or to file a claim with your insurance. \n3. SENT Formal Demand Letter If the repossession company is unresponsive to your initial requests, send a formal demand letter requesting the driver 's information and any relevant documentation. You can include : Details about the damage ( photographs, estimates, etc. ). \nA reference to the police report. \nYour demand that they provide the driver 's name so you can proceed with your claim. \nThis letter should also specify a deadline for a response ( e.g., 10-15 business days ) and clearly state that if they do not respond, you will pursue further legal action, including the involvement of consumer protection agencies or litigation. \n4. Contact Consumer Protection Agencies ( If Repo Company Refuses ) If the repo company still refuses to provide information, consider escalating the matter by contacting relevant consumer protection agencies : State Attorney Generals Office : They may have specific guidelines or complaints related to repossession companies that are not complying with the law or are withholding information unlawfully. \nXXXX XXXX XXXX XXXX XXXX XXXX  : Filing a complaint with the XXXX  can put public pressure on the company to resolve your issue. \nConsumer Financial Protection Bureau ( CFPB ) : If the repossession was carried out by a debt collector, you can also file a complaint with the CFPB, which enforces the Fair Debt Collection Practices Act ( FDCPA ). \n5. Small Claims Court or Lawsuit ( Legal Action ) If you are unable to resolve the matter through the repossession company or consumer protection agencies, filing a lawsuit or taking the matter to small claims court may be your next option : Sue for Property Damage : If the repossession company refuses to provide the driver 's name or cooperate, you can consider filing a lawsuit for property damage. The repossession company may be held liable for the actions of its agent ( the repo driver ). \nIn many states, you can file a small claims lawsuit for property damage ( often under a certain dollar amount, such as {$5000.00} or {$10000.00}, depending on the state ). \nSue for Breach of Contract : If the repo company violated terms of your agreement ( e.g., repossession was conducted improperly ), you may also have a breach of contract claim. \n\nDemand the Driver 's Information in writing, citing the police report and property damage. \nObtain the Police Report and use it as evidence to support your claim. \nFile a Complaint with the Attorney General or consumer protection agencies if the company continues to refuse to cooperate. \nConsider Small Claims Court or Legal Action if the company is uncooperative or refuses to provide the necessary information. \nYou have the legal right to know who caused the damage to your property and to seek compensation for the damages. If the repo company is refusing to provide that information, legal recourse is your next step. Consulting with an attorney who specializes in consumer protection or tort law could provide additional support to ensure your rights are protected. \n\nNAVY FEDERAL IS THE COMPANY THE ORIGINAL CONTRACT WITH THERE WAS BONAFIDE DISPUTE SUBMITTED TO THEM VIA REGISTERED MAIL THEY NEVER REPLIED ENFORCEMENT ACCORDING TO SATISFACTION UCC 3-311 WAS NAVY FEDERAL ABLE TO SELL THE DEBT AFTER CHARGING IT OFF AND NOT REPLYING TO BONAFIDE DISPUTE? \n\nUnder the Uniform Commercial Code ( UCC ), particularly UCC 3-311, the situation you've described involves some important legal principles regarding disputes and charge-offs, as well as the sale of a debt after a Bonafide dispute has been raised. Lets break this down step-by-step : 1. Bonafide Dispute Under UCC 3-311 : UCC 3-311 specifically addresses disputes and the right of the debtor to dispute the validity of a debt. When a debtor raises a Bonafide dispute ( a legitimate, good faith dispute about the debt or its amount ), the creditor is required to acknowledge and respond to the dispute in a reasonable manner. If a dispute is raised and the creditor fails to respond or resolve it, they may be in violation of certain provisions of the UCC and other applicable consumer protection laws. \nUCC 3-311 states that if a debtor sends a dispute ( such as a registered mail notice, which you did ), the creditor is required to respond or provide a resolution. A failure to respond to a bona fide dispute could affect the creditor 's ability to enforce the debt or take certain actions, including selling the debt or charging it off. \n2. Charging Off the Debt : Charge-off is an accounting action that the lender ( in this case, XXXX XXXX XXXX takes to declare the debt as unlikely to be collected. A charge-off does not extinguish the debt ; it is simply an accounting procedure that moves the debt off the creditors balance sheet. It is still a valid debt that the creditor ( or a third party ) can attempt to collect, unless there is some legal reason why the debt can not be enforced ( such as a Bonafide dispute or a failure to respond to the dispute ). \nIn your case, if Navy Federal charged off the debt after receiving your dispute and without responding to it, they may have violated UCC 3-311. Charging off the debt without addressing the dispute could mean that the creditor has waived their right to enforce the debt or sell the debt, depending on the nature of the dispute. \n3. Selling the Debt After Charge-Off : After a charge-off, the creditor ( in this case, Navy Federal ) has the right to sell the debt to a third-party collection agency or debt buyer. However, there are specific conditions under the UCC and related laws that govern this process : Failure to Respond to a Bona Fide Dispute : If Navy Federal did not respond to your Bonafide dispute, they could have violated UCC 3-311, which requires them to address the dispute and offer a resolution before continuing with collection efforts. If they ignored the dispute, they might not have been legally able to sell the debt or attempt to enforce it while the dispute remains unresolved. \nConsumer Protection Laws : In addition to the UCC, there are consumer protection laws, including the Fair Debt Collection Practices Act ( FDCPA ), that require creditors and debt collectors to act fairly and respond to disputes. If the debt was sold to a third party after the dispute, the third-party collector must still adhere to these same laws, including validating the debt before attempting to collect it. \n4. Legal Impact of Not Responding to a Bonafide Dispute : Under UCC 3-311, creditors are not allowed to enforce or transfer a debt for collection if there is an unresolved Bonafide dispute. This means that if Navy Federal failed to address your bona fide dispute, they may not have been legally allowed to sell the debt or continue to attempt collection. Their failure to respond to your dispute could have prevented them from enforcing the debt, and any subsequent actions, such as selling the debt to a third-party collection agency, could be legally questionable. \n5. What Can You Do? \nHere are your options to enforce your rights under UCC 3-311 and other applicable laws : a. I HAVE DocumentED Everything : Keep copies of the dispute letter you sent to Navy Federal ( via registered mail ). \nEnsure you have proof of the failure to respond from Navy Federal. If they didn't reply to your dispute, this could be an important piece of evidence that they violated UCC provisions. \nRequest copies of any communication or documentation related to the sale of the debt. If they sold the debt, they should have informed you of the sale and the new holder of the debt.","date_sent_to_company":"2024-12-31T19:11:17.000Z","issue":"Took or threatened to take negative or legal action","sub_product":"Auto debt","zip_code":"374XX","tags":null,"has_narrative":true,"complaint_id":"11337048","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"NAVY FEDERAL CREDIT UNION","date_received":"2024-12-31T19:11:15.000Z","state":"TN","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":"Seized or attempted to seize your property"},"highlight":{"complaint_what_happened":["<em>What</em> You Can Do in a Similar Situation : If you find yourself in a situation where a car has been repossessed without notice, and especially if it was done in the middle of the night or under questionable circumstances, the principles of XXXX XXXX XXXX XXXX XXXX XXXXXXXX may <em>apply</em> to your case. Heres <em>what</em> you can do : Demand Proof of Notice : You can ask the creditor or the repossession company to provide proof that they properly notified you before the repossession took place."]},"sort":[6.6023736,"11337048"]},{"_index":"complaint-public-v1","_id":"6402097","_score":6.4956675,"_source":{"product":"Debt collection","complaint_what_happened":"I will include XXXX XXXX as part of this complaint so that they will receive copies of your correspondence and response. I am also e-mailing a copy of this complaint to XXXX XXXX XXXX and XXXX XXXX XXXX, XXXX. for their review. This matter is not going to go away because you respond citing some company policy or your own personal ideology and refuse to remove this account from my credit report. On or about XX/XX/XXXX, I received a dunning/collection letter from XXXX XXXX regarding the Macys XXXX XXXX credit card account On XX/XX/XXXX, Defendant mailed a debt validation request to XXXX XXXX via certified mail tracking number XXXX. On XX/XX/XXXX, XXXX XXXX received my debt validation request. I never received a response to my validation request which may be a violation of the FDCPA and 12 C.F.R. 106.34 ( a ) ( 1 ) and instead XXXX XXXX filed suit instead of responding. On XX/XX/XXXX, XXXX XXXX filed this civil suit/action against me on behalf of Department Stores National Bank in the State Court of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX On XX/XX/XXXX, I filed an answer to the lawsuit/complaint along with discovery motions/request Interrogatories, Request for the Production of Documents and Notice to Produce, and Request for Admissions. A copy of the Answer along with the discovery request was sent to you via certified mail tracking number XXXX. A copy of the Interrogatories, Request for the Production of Documents and Notice to Produce, and Request for Admissions. According to the post office, the package picked up at a postal facility by your agent, representative, or employee at XXXX XXXX  on XX/XX/XXXX. The thirty days to respond to the discovery request started on XX/XX/XXXX, and ended on XX/XX/XXXX. I never received a response to the discovery request. Pursuant to Georgia law O.C.G.A 9-11-33 ( a ) ( 2 ), 9-11-34 ( b ) ( 2 ), and 9-11-36 ( a ) ( 2 ), the party upon whom the discovery has been served shall serve a copy of the answers, and objections if any, within thirty ( 30 ) days after the service of the discovery request, except that a defendant may serve answers or objections within 45 days after service of the summons and complaint upon that defendant. The court may allow a shorter or longer time at the courts discretion. The party submitting the interrogatories may move for an order under subsection ( a ) of Code Section 9-11-37 with respect to any objection to or other failure to answer any discovery motion/request. Pursuant to O.C.G.A. 9-11-36 ( a ) ( 2 ) The matter is admitted unless, within 30 days after service of the request or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by his attorney. Any matter admitted under this Code section is conclusively established unless the court, on motion, permits withdrawal or amendment of the admission O.C.G.A. 9-11-36 ( b ). On XX/XX/XXXX, and XX/XX/XXXX. XXXX, I reached out to XXXX XXXX  office by e-mail pursuant to rule 6.4 ( b ) and prior to filing a motion to compel pursuant to XXXX. XXXX. On XX/XX/XXXX, I mailed a certified letter ( tracking number XXXX ) to XXXX XXXX office and the letter was delivered and received by your office on XXXX, XXXX. On XX/XX/XXXX, XXXX XXXX filed for voluntary dismissal without prejudice in the XXXX XXXX XXXX XXXX XXXX Georgia XXXX XXXX XXXX No XXXX. Now on XX/XX/XXXX, I received a XXXX letter from XXXX XXXX  listing Citibank N.A. instead of Department Stores National Bank or ( DSNB ) as the creditor. This is the same claim or action just listing a different creditor. On XX/XX/XXXX, I mailed a second request for validation to XXXX XXXX via certified mail tracking number XXXX. According to the post office the item was delivered on XX/XX/XXXX. On XX/XX/XXXX, I received an e-mail from XXXX of XXXX XXXX attorneys confirming receipt of the validation request. Good afternoon, Our office is in receipt of your request and is gathering the requested documents for your review. XXXX XXXX XXXX, XXXX. Lead Litigation GA Attorney XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, GA XXXX Phone : XXXX Ex. XXXX Fax : XXXX XXXX THIS COMMUNICATION IS FROM A DEBT COLLECTOR. PRIVILEGE AND CONFIDENTIALITY NOTICE : This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute, or copy this message and or any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by XXXX XXXX XXXX XXXX for damage arising in any way from its use. XXXX XXXX is a debt collector as defined by the Fair Debt Collection Practices Act ( FDCPA ) 15 U.S.C. 1692a ( 6 ) and is required to comply with the FDCPA. If the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, or that the consumer request the name and address of the original creditor, the debt collector must cease collection of the debt, or any portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector 15 U.S.C. 1692g ( b ). The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer 15 U.S.C. 1692g ( c ). As of the date of this letter, no response or validation/verification has been received by me. Any failure by XXXX XXXX to comply with or any violation of the FDCPA by XXXX XXXX may result in XXXX XXXX being subject to civil liability as outlined in 15 U.S.C. XXXX. XXXX XXXX was notified and is aware that this is a second attempt to collect this alleged debt for the same account with Department Stores National Bank ( DSNB ) which is a subsidiary of Citibank N.A and that as of XX/XX/XXXX, XXXX has merged with Citibank. Any refiling or renewing of a case would be subject to XXXX. XXXX and O.C.G.A. XXXX. XXXX XXXX has received two requests for validation and has failed to respond to both of them. XXXX XXXX has had approximately ten months to respond to my request for validation. Dont you think if XXXX XXXX intended to collect this alleged debt that they would have responded to the validation request a required by law by now? As of the date of this letter, there has been no refiling of any lawsuit against me to collect this alleged debt. XXXX XXXX would have to consider all the things discussed in this letter when deciding whether or not it wants to refile the case in any court. XXXX XXXX would have to consider that if the Request for Admissions in the previous and now dismissed lawsuit is deemed admitted pursuant to Pursuant to XXXX. XXXX ( a ) ( XXXX ) and O.C.G.A. XXXX ( b ) then it will be difficult for you or XXXX XXXX to pursue a new claim because if certain admissions are deemed admitted then you will probably lose your case. XXXX XXXX is aware of this fact. XXXX XXXX had the option to motion the court to allow withdrawal of the admission and or work with me to resolve any issues with discovery instead XXXX XXXX chose to dismiss the lawsuit. In the event of any renewal or refiling of any lawsuit, XXXX XXXX would essentially be refiling the same claim involving the same parties. If you or your attorney admitted the previous case away for failing to respond, then it will be difficult to refile the case and win or be successful. It seems as if you dont think about this or take this into consideration when deciding not to delete this account from my credit report. Because you disagree with the decisions made by XXXX XXXX, the laws of the XXXX of Georgia, and the information that you have been provided is not reason or grounds for you to dismiss and ignore the information that you have been provided and make decision based on your personal ideology or beliefs under the guise of some unnamed/specified law, government regulation, or company policy where you do state the specific law and section of the law, the specific government regulation, or provide a copy of the company policy you are citing and relying upon. You only provide a selective cursory response on items that you want to respond to and its like your response is scripted. Additionally, it seems that you copy and paste previous responses. You position is As a credit provider, we are obligated to report the account accurately to the credit reporting agencies. This statement is designed to end any discussion regarding credit reporting and to justify not removing an item from a credit report and is misleading, while you are required by law to report accurate information to the credit reporting agencies, you are not required to report account to the credit reporting agencies. It seems as if this statement is crafted to make any credit reporting dispute go away. This statement also suggests that you have some kind of moral or ethical obligation and not a legal obligation to report this account to a credit bureau and suggest your decision not to delete this account from the credit report is a moral decision and not a legal one. DSNBs own customer agreement for the credit card states \" We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. We may report account information in your name and the names of authorized users. We may also obtain follow-up credit reports on you. If you think we reported incorrect information to a credit bureau, write us at the Customer Service address on the billing statement. We will investigate the matter. We will then tell you if we agree or disagree with you. If we agree with you, we will contact each credit bureau to which we reported and request a correction. If we disagree with you, we will tell you that. '' The card agreement states that DSNB can report information about a consumer and the account to a credit bureau if Citi chooses to do so however, the card agreement does not prohibit DSNB from updating or removing information about a consumer from a consumers credit file. Additionally, if DSNB were to assign or sell this account to a debt buyer or collection agency and that debt buyer or collection agency reported this account to the credit bureau, DSNB would be obligated or required by the FCRA to remove the account from my credit report because the FCRA prohibits duplicate accounts, or the same information or account being reported multiple times on a consumers credit report. DSNB also fails or neglects to mention that some debt collectors will offer to delete the account from a consumers credit report in exchange for payment especially if it is written in any settlement agreement or consent order. DSNB does not want to admit that credit reporting is nothing more than a debt collection tactic or practice which it sometimes uses to extort money ( in some cases more money than Plaintiff is entitled to ) out of consumers ( i.e. either pay us what we claim you owe us or well ruin your credit for seven years ). It seems DSNB as is not prohibited by contract, government regulations, or the law from removing Defendants account from his credit report with the three major credit bureaus out of revenge and spite because Citi did not get the outcome Citibank wanted in the Best Buy case and DSNB ( which is a subsidiary of Citibank ) most likely will not achieve the outcome DSNB desires in the Macys American Express credit card account case and some kind of righteous duty with the intent to annoy, harass, intimidate, embarrass, and humiliate me and is nothing more than an effort to make it difficult for me to apply for and/or obtain credit or to have to pay a higher interest rate if offered a line of credit is preventing DSNB from removing this account from Defendants credit report with the three major credit bureaus. If it is DSNB/Citibanks position that you are prohibited by law or government regulation from removing this account from my credit report, then you should have to identify any specific section of the FCRA or any other law or government regulation that would prohibit you from removing this account from my credit report and to provide any other information that you are relying upon. Based upon my information 15 U.S.C. 1681i and 15 U.S.C. 1681s-2 ( b ) there is no law or government regulation that would prohibit DSNB/Citibank from removing this account from my credit report. I have requested this information previously and DSNB/Citibank has refused to respond and only wants to respond to what it determines or decides it wants to respond to or address. This was also requested by me in the now dismissed collection lawsuit. It also seems that your decision is not based on the law but an alleged company policy. I would ask that you provide a full and complete copy of the policy you are referencing in your previous communications. Please dont carelessly or mindlessly state that the information requested is confidential and proprietary business information and can not be disclosed. In the event of any refiling of any lawsuit regarding this account and alleged debt I will include the request for this information in a Request for the Production of Documents pursuant to XXXX. XXXX. Any failure to respond appropriately to any discovery request is subject to a motion to compel pursuant to XXXX. XXXX. DSNB/Citibank has not been truthful in their previous responses to the CFPB and the XXXX  and there will be potential problems for you in the event of any refiling or renewing of this case. In your previous correspondence you claim that DSNB regularly reviews credit report data to determine if cardholders continue to qualify for their accounts. You also claim, \" Macys credit card account are reviewed on a regular basis to determine if an adjustment to the accounts credit limit is needed and to ensure the customer still meets the established eligibility requirements to maintain the card. You refuse to provide the eligibility requirements and credit criteria claiming, Our credit criteria is proprietary business information and can not be disclosed. I do not believe that you review accounts on a regular basis as you claim in your correspondence. On two occasions my credit limit was lowered as a result of your so-called review of my account which you claim that my credit limit was reduced due to the number of revolving accounts with high usage. This is not the whole and complete truth. DSNB has omitted an important fact that in XXXX of XXXX a late fee was assessed on the same day as the payment due date XX/XX/XXXX, and the late fee was eventually credited back to the account even though payment was made and did not post until the next day XX/XX/XXXX. The following month the credit limit was reduced by {$100.00}. The other time the credit limit was reduced was in was in XXXX of XXXX. On XX/XX/XXXX ( the same day as the payment due date ) a late fee was assessed to the account even though a payment was made but did not post to the account until the next day XX/XX/XXXX. Then I received a letter from DSNB dated XX/XX/XXXX, stating that my credit limit would be reduced by another {$100.00}. Based on my research it seems the only time my account was reviewed was after a late fee was assessed and that the credit limit reduction is in retaliation and response to a late fee being assessed to the account. In the now dismissed collection lawsuit DSNB was asked in a discovery filing interrogatory to identify each and every time my account was allegedly reviewed. DSNB and their attorney XXXX XXXX failed to respond to the discovery request. The failure to respond to the discovery request is probably one of the factors that lead to the decision by XXXX XXXX to dismiss the lawsuit. When DSNB conducted the review in XXXX of XXXX the Best Buy Visa credit card account was listed on my credit report as a negative item. DSNB was aware of this account being listed as a negative item on my credit report and did not use it as a reason or basis to not lower the credit limit {$100.00} instead, you used the reason number of account with high usage however, when you allegedly reviewed the account for renewal the Best Buy being listed as a negative item on my credit report was used as a basis and reason for not renewing my account. When you conducted the review of my account in XXXX of XXXX, you were made aware of the Best Buy account being a negative item on my credit report and instead of exercising your right to terminate use of the account without giving notice in advance ; unless we are required to give you notice by law. You also failed to explain why the decision was made to only lower the credit limit and how you determined the amount to lower the credit limit. This was addressed in the Interrogatories that were filed in the now dismissed lawsuit against me. In other words you failed to mitigate you damages. You will have to explain this in court. You allegedly reviewed the account again XXXX of XXXX, and then sent a letter dated XX/XX/XXXX, that my account would not be renewed beyond the expiration of the card. This time the Best Buy Visa credit card account being a negative item on my credit report was used as a reason to not renew my account beyond the expiration date of the card. You will have to explain this in the event of any refilling or relitigating of this case. XXXX XXXX is aware of this because it was included in the answer to the now dismissed collection lawsuit. This alleged review was conducted approximately nine months prior to the cards expiration and notice was not sent to me until approximately eight months prior to the cards expiration. According to the XX/XX/XXXX, XXXX XXXX letter that talks about XXXX conducting reviews of accounts the letter also states Under federal law, we must determine the applicants ability to repay credit. My account was left open and not closed until XX/XX/XXXX. After DSNB determined that I no longer qualified for the account and or no longer had the ability to repay credit my account was left open and DSNB allowed me to use the account until the expiration date. This will be a problem for DSNB/Citibank in the event of any litigation because you as a plaintiff have a duty and responsibility to mitigate your damages. As your agents, employees, and representatives love to cite the customer agreement that we have the right to limit or terminate use of your account without giving you notice in advance ; unless we are required to give you notice by law. You will be required to explain this in the event of any refiling or relitigating of this case. You will have to explain why you made the decision approximately nine months prior to the cards expiration and why you left the account open and allowed continued use of the card after determining that I no longer had the ability to repay credit until the card expired. This was included in the answer to the now dismissed collection lawsuit and XXXX XXXX is aware of this. Additionally, you charged {$41.00} late fees and interest for six months and then charged the account off after six months of receiving no payments because you were required to do so by law. If you determine that someone no longer has the ability to repay credit how is charging that person {$41.00} in late fees for six months or {$240.00} in late fees and interest going to incentivize or get someone to pay when they no longer have the ability to repay credit? The aforementioned issued are also addressed in the discovery request that were filed in the now dismissed collection lawsuit and you nor your attorney XXXX XXXX responded to the discovery request. You have repeatedly rejected any request by me to settle this case for less than the full balance, which in no way should be construed as an admission of liability or indebtedness by me. In the event of any refiling or renewal of this case, you may have to have to explain why you reject the request and then made a settlement offer in XXXX of XXXX giving me until XX/XX/XXXX, to respond. The letter also indicates if I choose not to accept the offer there may be other opportunities to settle may be available at a later date. And once again in a XXXX of XXXX correspondence by XXXX XXXX reject any offer to settle this account for less than the full balance, which in no way should be construed as an admission of liability or indebtedness by me. You also failed to make any reasonable efforts to collect this alleged debt and artificially inflated the balance with unnecessary interest, fees, and penalties. Then you made a settlement offer at the end of XXXX and approximately one month prior to you being required by law to charge off the account and when the late fees and interest stop. You issued a Macys store credit card that can only be used at Macys. When the account was opened the credit limit was {$800.00}. The credit limit has now been reduced to {$100.00}. The card has no expiration date and is still active. In the event of any renewal or refiling of the Macys XXXX  case you may have to explain this. Specifically, if I dont qualify and or dont have the ability to repay credit on the Macys XXXX  account how do you expect me to repay credit on this account and why you have not closed this account. This is a valid issue and defense. This information was included in the answer to the previous lawsuit that has since been dismissed. XXXX XXXX is and should be aware of this. You have lied about and denied and continue to deny and ignore the fact that the decision not renew the account is in retaliation to a dispute I had with Citibank ( which you were a subsidiary of ) regarding a Best Buy Visa credit card account even though the available evidence supports my claim of retaliation. First, we have the fact that my credit limit was reduced on two occasions as a result of and in retaliation to late fees being assessed to my account. Second, we have the fact that the Best Buy account being listed on my credit report as a negative item ( i.e., the serious delinquency item listed on my credit report reason ) on my credit report and was used as a reason for not renewing my account and included in the letter dated XX/XX/XXXX, informing me that my account would not account would not be renewed. Finally, we have the fact the Citibank ( which DSNB is or was a subsidiary of and has now merged with Citibank ) closed and refused to renew my XXXX XXXX XXXX credit card account and flat out admitted it was due to a to a charge-off of the Best Buy account. I am not asking you to address issues or concerns regarding other accounts but just merely stating the facts and using this information to prove my point or position. You have also omitted other important information from your correspondences with me, the CFPB, and the XXXX. In your XX/XX/XXXX, letter by XXXX XXXX, you state Our review of your account found the statement with the closing date of XX/XX/XXXX, your account had a balance of {$1400.00} with a minimum payment of {$44.00} due by XX/XX/XXXX. No payment was received for this balance and in accordance with the terms of the credit card agreement, each month the required minimum payment due was not received, the account was charged a late fee and interest charge. This continued until the account balance reach {$1900.00} and charged off on XX/XX/XXXX. This is somewhat misleading because you omit the fact that you are required by law to charge-off an account after you have not received any payments and the account is past due for over 180 days or six months. You also omit and fail to admit or mention that the account was closed and could not be used by me but not charged off so that you can continue to act as if the account is still open and assess late fees, penalties, and interest until the balance is paid in full because once the account is charged off ( after 180 days or six months ) the late fees and interest must stop. You wanted the ability to still assess late fees, penalties, and interest to the account. This was discussed and addressed by the answer to the now dismissed lawsuit and you will have to have to explain this in the event of any new litigation. You seem to have forgotten that I can demand a jury trial. Do you think that going in front of a jury and demanding that they give you late fees and interest for six months just because you can charge those fees when you made little to no effort to collect this alleged debt and after you determined that I no longer had the ability to repay credit. What are you are you accomplishing by charging by charging interest and late fees for six months just because you can and until you are required to charge off the account? In the event of any renewal or refiling of your claim the answer will be amended to include the fact this is your second attempt at filing the same claim against me and that you are subject to XXXX. XXXX. The discovery request will also be refiled. You should also be aware that some judges have issued standing orders and instructions regarding how cases are handled by that particular judge. One example is State Court of XXXX XXXX XXXX XXXX XXXX XXXX. Section seven of the order addresses extension of time and section seven addresses discovery. Extensions of time for discovery will be granted only upon consent motion or in exceptional cases in which the parties promptly commence and diligently pursue discovery yet are unable to complete discovery in the timeframe set forth above due to circumstances not reasonably anticipated at the time that the parties prepare and submit the Scheduling Order. Any motion for an extension of time for discovery must be filed with the Court prior to the expiration of the existing discovery period. A copy of the standing order is attached for your review. This case was NOT assigned to XXXX XXXX and this order did not apply. You are required to respond to the discovery request truthfully and accurately within the timeframe provided by law. Failure to respond or to respond truthfully and accurately could result in you having to pay expenses incurred by me to prove that you did not respond truthfully and accurately and any failure to respond at all could result in a motion to compel. XXXX XXXX is aware of this fact. This case has already been filed and then dismissed. If the case is refiled and then dismissed voluntarily again that will serve as an adjudication upon the merits ( and is the same as a dismissal with prejudice ) O.C.G.A. 9-11-41 ( a ) ( 3 ). In other words, you will be prohibited by law from filing any additional lawsuits, claims, or actions, regarding this account and alleged debt and then would have no means to collect this alleged debt and no remedies available to you. It would be a violation of the FDCPA for any debt collector to threaten to take any action that can not legally be taken or that is not intended to be taken 15 U.S.C. 1692e ( 5 ) or the use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer 15 U.S.C. 1692e ( 10 ). As previously stated, XXXX XXXX was sent a validation request on XX/XX/XXXX and it was received by them on XX/XX/XXXX. As of the date of this letter, no response other than the attorney acknowledging receipt of the request and stating that they are gathering the requested information and documents. XXXX XXXX is also aware of the previous lawsuit and will have to decide whether or not they will renew or refile this claim. Factors that could affect their decision include the failure to respond to the discovery request in the previous case and the defenses I have raised and outlined in this letter. You are not taking this fact into consideration when denying my request to delete this account from my credit report. You should be aware that XXXX XXXX and the XXXX XXXX XXXX XXXX XXXX XXXX of Georgia have copies of all of your correspondence and communications with me, the CFPB, and the XXXX  except any that were received after the case was dismissed. The documents were provided to the court by me because they were attached to the answer as exhibits. In the event of any new litigation all communications received after the answer was filed will be attached as exhibits to an amended answer. You should also be aware that any documents filed with the court are public records and can be made available to anyone who request them provided they pay any fees imposed by the court or court clerks office for researching and printing of the request documents. The XXXX XXXX XXXX XXXX XXXX XXXX of Georgia also uses an online system https : //www.peachcourt.com to file cases and to obtain documents filed in cases if available. Anyone can register and create a peachcourt account and obtain copies documents filed in cases if available for a per item fee. Attorneys are required to file all cases online using the peachcourt website. Attorneys will have unlimited access to all of the documents available on and through the peachcourt website. You also may use XXXX XXXX XXXX to look up information regarding cases. This is a free service for anyone to use and you dont have to register. This site will not provide you with access to documents filed in the case and will only provide you with a list of any actions, events, or filings in the case. If you were to hire a new attorney, you must make them aware of the fact that you previously filed a lawsuit and then dismissed it approximately three months later and the fact they you and your attorney failed to respond to the discovery request then that attorney will make a decision whether or not to represent you or not. If you fail to inform the attorney and provide the attorney with all information regarding the case and account and withhold or omit information the attorney could withdraw from your case and or dismiss any pending court action/litigation. In this case it would be a second notice of dismissal and would serve or operate as an adjudication upon the merits and would be the same as a dismissal with prejudice O.C.G.A. 9-11-41 ( a ) ( 3 ).","date_sent_to_company":"2023-01-05T17:36:15.000Z","issue":"Written notification about debt","sub_product":"Credit card debt","zip_code":"30066","tags":null,"has_narrative":true,"complaint_id":"6402097","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CITIBANK, N.A.","date_received":"2023-01-05T17:33:18.000Z","state":"GA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Didn't receive enough information to verify debt"},"highlight":{"complaint_what_happened":["Do you think that going in front of a jury and demanding that they give you late fees and interest for six months just because you can <em>charge</em> those fees when you made little to no effort to collect this alleged debt and after you determined that I no longer had the ability to repay credit. <em>What</em> are you are you accomplishing by <em>charging</em> by <em>charging</em> interest and late fees for six months just because you can and until you are required to <em>charge</em> off the account?"]},"sort":[6.4956675,"6402097"]},{"_index":"complaint-public-v1","_id":"6354302","_score":6.3295126,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"On or about XX/XX/XXXX, I received a dunning/collection letter from XXXX XXXX regarding the XXXX  XXXX XXXX credit card account On XX/XX/XXXX, Defendant mailed a debt validation request to XXXX XXXX via certified mail tracking number XXXX. \nOn XX/XX/XXXX, XXXX XXXX received my debt validation request. \nI never received a response to my validation request which may be a violation of the FDCPA and 12 C.F.R. 106.34 ( a ) ( 1 ) and instead XXXX XXXX filed suit instead of responding. \nOn XX/XX/XXXX, XXXX XXXX filed this civil suit/action against me on behalf of Department XXXX XXXX XXXX  in the State Court of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX On XX/XX/XXXX, I filed an answer to the lawsuit/complaint along with discovery motions/request Interrogatories, Request for the Production of Documents and Notice to Produce, and Request for Admissions. A copy of the Answer along with the discovery request was sent to you via certified mail tracking number XXXX. A copy of the Interrogatories, Request for the Production of Documents and Notice to Produce, and Request for Admissions. \nAccording to the post office, the package picked up at a postal facility by your agent, representative, or employee at XXXX XXXX  on XX/XX/XXXX. \n\nThe thirty days to respond to the discovery request started on XX/XX/XXXX, and ended on XX/XX/XXXX. \n\nI never received a response to the discovery request. \n\nPursuant to Georgia law O.C.G.A 9-11-33 ( a ) ( 2 ), 9-11-34 ( b ) ( 2 ), and 9-11-36 ( a ) ( 2 ), the party upon whom the discovery has been served shall serve a copy of the answers, and objections if any, within thirty ( 30 ) days after the service of the discovery request, except that a defendant may serve answers or objections within 45 days after service of the summons and complaint upon that defendant. The court may allow a shorter or longer time at the courts discretion. The party submitting the interrogatories may move for an order under subsection ( a ) of Code Section 9-11-37 with respect to any objection to or other failure to answer any discovery motion/request.\n\nPursuant to O.C.G.A. 9-11-36 ( a ) ( 2 ) The matter is admitted unless, within 30 days after service of the request or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by his attorney. Any matter admitted under this Code section is conclusively established unless the court, on motion, permits withdrawal or amendment of the admission O.C.G.A. 9-11-36 ( b ). \n\nOn XX/XX/XXXX, and XX/XX/XXXX. XXXX, I reached out to XXXX  XXXX  office by e-mail pursuant to rule 6.4 ( b ) and prior to filing a motion to compel pursuant to O.C.G.A. 9-11-37. \n\nOn XX/XX/XXXX, I mailed a certified letter ( tracking number XXXX ) to XXXX XXXX office and the letter was delivered and received by your office on XXXX, XXXX. \n\nOn XX/XX/XXXX, XXXX XXXX filed for voluntary dismissal without prejudice in the XXXX XXXX XXXX XXXX XXXX Georgia XXXX XXXX XXXX No XXXX. \n\nNow on XX/XX/XXXX, I received a dunning letter from XXXX XXXX listing XXXX XXXX. instead of XXXX  XXXX XXXX Bank or ( XXXX ) as the creditor. This is the same claim or action just listing a different creditor. \n\nOn XX/XX/XXXX, I mailed a second request for validation to XXXX XXXX via certified mail tracking number XXXX. According to the post office the item was delivered on XX/XX/XXXX. \n\nOn XX/XX/XXXX, I received an e-mail from one of XXXX XXXX attorneys confirming receipt of the validation request. \n\nGood afternoon, Our office is in receipt of your request and is gathering the requested documents for your review. \n\nXXXX XXXX XXXX, XXXX. \nLead Litigation GA Attorney XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, GA XXXX Phone : XXXX Ex. XXXX Fax : XXXX XXXX THIS COMMUNICATION IS FROM A DEBT COLLECTOR. \nPRIVILEGE AND CONFIDENTIALITY NOTICE : This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute, or copy this message and or any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by XXXX XXXX XXXX XXXX for damage arising in any way from its use. \nXXXX XXXX is a debt collector as defined by the Fair Debt Collection Practices Act ( FDCPA ) 15 U.S.C. 1692a ( 6 ) and is required to comply with the FDCPA. \nIf the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, or that the consumer request the name and address of the original creditor, the debt collector must cease collection of the debt, or any portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector 15 U.S.C. 1692g ( b ). \n\nThe failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer 15 U.S.C. 1692g ( c ).\n\nAs of the date of this letter, no response or validation/verification has been received by me. \n\nAny failure by XXXX XXXX to comply with or any violation of the FDCPA by XXXX XXXX may result in XXXX XXXX being subject to civil liability as outlined in 15 U.S.C. 1692k. \n\nXXXX XXXX was notified and is aware that this is a second attempt to collect this alleged debt for the same account with XXXX  XXXX XXXX XXXX  ( XXXX  ) which is a subsidiary of XXXX XXXX and that as of XX/XX/XXXX, XXXX has merged with XXXX. \n\nAny refiling or renewing of a case would be subject to XXXX. XXXX and XXXX  XXXX. \n\nXXXX XXXX has received two requests for validation and has failed to respond to both of them. XXXX XXXX has had approximately ten months to respond to my request for validation. Dont you think if XXXX XXXX XXXX to collect this alleged debt that they would have responded to the validation request a required by law by now? \n\nAs of the date of this letter, there has been no refiling of any lawsuit against me to collect this alleged debt. XXXX XXXX would have to consider all the things discussed in this letter when deciding whether or not it wants to refile the case in any court. XXXX XXXX would have to consider that if the Request for Admissions in the previous and now dismissed lawsuit is deemed admitted pursuant to XXXX to XXXX. XXXX ( a ) ( XXXX ) and XXXX XXXXXXXX ( b ) then it will be difficult for you or XXXX XXXX to pursue a new claim because if certain admissions are deemed admitted then you will probably lose your case. XXXX XXXX is aware of this fact. XXXX XXXX had the option to motion the court to allow withdrawal of the admission and or work with me to resolve any issues with discovery instead XXXX XXXX chose to dismiss the lawsuit. In the event of any renewal or refiling of any lawsuit, XXXX XXXX would essentially be refiling the same claim involving the same parties. If you or your attorney admitted the previous case away for failing to respond, then it will be difficult to refile the case and win or be successful. It seems as if you dont think about this or take this into consideration when deciding not to delete this account from my credit report. \n\nBecause you disagree with the decisions made by XXXX XXXX, the laws of the State of Georgia, and the information that you have been provided is not reason or grounds for you to dismiss and ignore the information that you have been provided and make decision based on your personal ideology or beliefs under the guise of some unnamed/specified law, government regulation, or company policy where you do state the specific law and section of the law, the specific government regulation, or provide a copy of the company policy you are citing and relying upon. You only provide a selective cursory response on items that you want to respond to and its like your response is scripted. Additionally, it seems that you copy and paste previous responses. \n\nYou position is As a credit provider, we are obligated to report the account accurately to the credit reporting agencies. This statement is designed to end any discussion regarding credit reporting and to justify not removing an item from a credit report and is misleading, while you are required by law to report accurate information to the credit reporting agencies, you are not required to report account to the credit reporting agencies. It seems as if this statement is crafted to make any credit reporting dispute go away. This statement also suggests that you have some kind of moral or ethical obligation and not a legal obligation to report this account to a credit bureau and suggest your decision not to delete this account from the credit report is a moral decision and not a legal one. \nXXXX  own customer agreement for the credit card states \" We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. We may report account information in your name and the names of authorized users. We may also obtain follow-up credit reports on you. If you think we reported incorrect information to a credit bureau, write us at the Customer Service address on the billing statement. We will investigate the matter. We will then tell you if we agree or disagree with you. If we agree with you, we will contact each credit bureau to which we reported and request a correction. If we disagree with you, we will tell you that. '' The card agreement states that XXXX can report information about a consumer and the account to a credit bureau if XXXX chooses to do so however, the card agreement does not prohibit XXXX from updating or removing information about a consumer from a consumers credit file. Additionally, if XXXX were to assign or sell this account to a debt buyer or collection agency and that debt buyer or collection agency reported this account to the credit bureau, XXXX would be obligated or required by the FCRA to remove the account from my credit report because the FCRA prohibits duplicate accounts, or the same information or account being reported multiple times on a consumers credit report. XXXX also fails or neglects to mention that some debt collectors will offer to delete the account from a consumers credit report in exchange for payment especially if it is written in any settlement agreement or consent order. XXXX does not want to admit that credit reporting is nothing more than a debt collection tactic or practice which it sometimes uses to extort money ( in some cases more money than Plaintiff is entitled to ) out of consumers ( i.e. either pay us what we claim you owe us or well ruin your credit for seven years ). It seems XXXX  as is not prohibited by contract, government regulations, or the law from removing Defendants account from his credit report with the three major credit bureaus out of revenge and spite because XXXX did not get the outcome XXXX wanted in the XXXX XXXX case and XXXX  ( which is a subsidiary of XXXX ) most likely will not achieve the outcome XXXX desires in the XXXX XXXX XXXX credit card account case and some kind of righteous duty with the intent to annoy, harass, intimidate, embarrass, and humiliate me and is nothing more than an effort to make it difficult for me to apply for and/or obtain credit or to have to pay a higher interest rate if offered a line of credit is preventing XXXX  from removing this account from Defendants credit report with the three major credit bureaus. \nIf it is XXXX position that you are prohibited by law or government regulation from removing this account from my credit report, then you should have to identify any specific section of the FCRA or any other law or government regulation that would prohibit you from removing this account from my credit report and to provide any other information that you are relying upon. Based upon my information 15 U.S.C. 1681i and 15 U.S.C. 1681s-2 ( b ) there is no law or government regulation that would prohibit XXXX from removing this account from my credit report. I have requested this information previously and XXXX has refused to respond and only wants to respond to what it determines or decides it wants to respond to or address. This was also requested by me in the now dismissed collection lawsuit. \nIt also seems that your decision is not based on the law but an alleged company policy. I would ask that you provide a full and complete copy of the policy you are referencing in your previous communications. Please dont carelessly or mindlessly state that the information requested is confidential and proprietary business information and can not be disclosed. In the event of any refiling of any lawsuit regarding this account and alleged debt I will include the request for this information in a Request for the Production of Documents pursuant to XXXX. XXXX. Any failure to respond appropriately to any discovery request is subject to a motion to compel pursuant to XXXX. XXXX. \n\nXXXX has not been truthful in their previous responses to the CFPB and the XXXX  and there will be potential problems for you in the event of any refiling or renewing of this case. \n\nIn your previous correspondence you claim that XXXX regularly reviews credit report data to determine if cardholders continue to qualify for their accounts. You also claim, \" XXXX credit card account are reviewed on a regular basis to determine if an adjustment to the accounts credit limit is needed and to ensure the customer still meets the established eligibility requirements to maintain the card. You refuse to provide the eligibility requirements and credit criteria claiming, Our credit criteria is proprietary business information and can not be disclosed. I do not believe that you review accounts on a regular basis as you claim in your correspondence. \n\nOn two occasions my credit limit was lowered as a result of your so-called review of my account which you claim that my credit limit was reduced due to the number of revolving accounts with high usage. This is not the whole and complete truth. XXXX has omitted an important fact that in XXXX of XXXX a late fee was assessed on the same day as the payment due date XX/XX/XXXX, and the late fee was eventually credited back to the account even though payment was made and did not post until the next day XX/XX/XXXX. The following month the credit limit was reduced by {$100.00}. The other time the credit limit was reduced was in was in XXXX of XXXX. On XX/XX/XXXX ( the same day as the payment due date ) a late fee was assessed to the account even though a payment was made but did not post to the account until the next day XX/XX/XXXX. Then I received a letter from XXXX dated XX/XX/XXXX, stating that my credit limit would be reduced by another {$100.00}. Based on my research it seems the only time my account was reviewed was after a late fee was assessed and that the credit limit reduction is in retaliation and response to a late fee being assessed to the account. In the now dismissed collection lawsuit XXXX was asked in a discovery filing interrogatory to identify each and every time my account was allegedly reviewed. XXXX and their attorney XXXX XXXX failed to respond to the discovery request. The failure to respond to the discovery request is probably one of the factors that lead to the decision by XXXX XXXX to dismiss the lawsuit. \n\nWhen XXXX conducted the review in XXXX of XXXX the XXXX XXXX XXXX credit card account was listed on my credit report as a negative item. XXXX was aware of this account being listed as a negative item on my credit report and did not use it as a reason or basis to not lower the credit limit {$100.00} instead, you used the reason number of account with high usage however, when you allegedly reviewed the account for renewal the XXXX XXXX being listed as a negative item on my credit report was used as a basis and reason for not renewing my account. When you conducted the review of my account in XXXX of XXXX, you were made aware of the XXXX XXXX account being a negative item on my credit report and instead of exercising your right to terminate use of the account without giving notice in advance ; unless we are required to give you notice by law. You also failed to explain why the decision was made to only lower the credit limit and how you determined the amount to lower the credit limit. This was addressed in the Interrogatories that were filed in the now dismissed lawsuit against me. In other words you failed to mitigate you damages. You will have to explain this in court. \n\nYou allegedly reviewed the account again XXXX of XXXX, and then sent a letter dated XX/XX/XXXX, that my account would not be renewed beyond the expiration of the card. This time the XXXX XXXX XXXX credit card account being a negative item on my credit report was used as a reason to not renew my account beyond the expiration date of the card. You will have to explain this in the event of any refilling or relitigating of this case. XXXX XXXX is aware of this because it was included in the answer to the now dismissed collection lawsuit. \n\nThis alleged review was conducted approximately nine months prior to the cards expiration and notice was not sent to me until approximately eight months prior to the cards expiration. \n\nAccording to the XX/XX/XXXX, XXXX XXXX letter that talks about XXXX conducting reviews of accounts the letter also states Under federal law, we must determine the applicants ability to repay credit. My account was left open and not closed until XX/XX/XXXX. After XXXX determined that I no longer qualified for the account and or no longer had the ability to repay credit my account was left open and XXXX allowed me to use the account until the expiration date. This will be a problem for XXXX in the event of any litigation because you as a plaintiff have a duty and responsibility to mitigate your damages. As your agents, employees, and representatives love to cite the customer agreement that we have the right to limit or terminate use of your account without giving you notice in advance ; unless we are required to give you notice by law. You will be required to explain this in the event of any refiling or relitigating of this case. You will have to explain why you made the decision approximately nine months prior to the cards expiration and why you left the account open and allowed continued use of the card after determining that I no longer had the ability to repay credit until the card expired. This was included in the answer to the now dismissed collection lawsuit and XXXX XXXX is aware of this. Additionally, you charged {$41.00} late fees and interest for six months and then charged the account off after six months of receiving no payments because you were required to do so by law. If you determine that someone no longer has the ability to repay credit how is charging that person {$41.00} in late fees for six months or {$240.00} in late fees and interest going to incentivize or get someone to pay when they no longer have the ability to repay credit? \n\nThe aforementioned issued are also addressed in the discovery request that were filed in the now dismissed collection lawsuit and you nor your attorney XXXX XXXX responded to the discovery request. \n\nYou have repeatedly rejected any request by me to settle this case for less than the full balance, which in no way should be construed as an admission of liability or indebtedness by me. In the event of any refiling or renewal of this case, you may have to have to explain why you reject the request and then made a settlement offer in XXXX of XXXX giving me until XX/XX/XXXX, to respond. The letter also indicates if I choose not to accept the offer there may be other opportunities to settle may be available at a later date. And once again in a XXXX of XXXX correspondence by XXXX XXXX reject any offer to settle this account for less than the full balance, which in no way should be construed as an admission of liability or indebtedness by me. \n\nYou also failed to make any reasonable efforts to collect this alleged debt and artificially inflated the balance with unnecessary interest, fees, and penalties. Then you made a settlement offer at the end of XXXX and approximately one month prior to you being required by law to charge off the account and when the late fees and interest stop. \n\nYou issued a XXXX store credit card that can only be used at XXXX. When the account was opened the credit limit was {$800.00}. The credit limit has now been reduced to {$100.00}. The card has no expiration date and is still active. In the event of any renewal or refiling of the XXXX XXXX case you may have to explain this. Specifically, if I dont qualify and or dont have the ability to repay credit on the XXXX XXXX account how do you expect me to repay credit on this account and why you have not closed this account. This is a valid issue and defense. This information was included in the answer to the previous lawsuit that has since been dismissed. XXXX XXXX is and should be aware of this. \n\nYou have lied about and denied and continue to deny and ignore the fact that the decision not renew the account is in retaliation to a dispute I had with XXXX ( which you were a subsidiary of ) regarding a XXXX XXXX XXXX credit card account even though the available evidence supports my claim of retaliation. First, we have the fact that my credit limit was reduced on two occasions as a result of and in retaliation to late fees being assessed to my account. Second, we have the fact that the XXXX XXXX account being listed on my credit report as a negative item ( i.e., the serious delinquency item listed on my credit report reason ) on my credit report and was used as a reason for not renewing my account and included in the letter dated XX/XX/XXXX, informing me that my account would not account would not be renewed. Finally, we have the fact the XXXX ( which XXXX is or was a subsidiary of and has now merged with XXXX ) closed and refused to renew my XXXX XXXX XXXX credit card account and flat out admitted it was due to a to a charge-off of the XXXX XXXX account. I am not asking you to address issues or concerns regarding other accounts but just merely stating the facts and using this information to prove my point or position. \n\nYou have also omitted other important information from your correspondences with me, the CFPB, and the XXXX. \n\nIn your XX/XX/XXXX, letter by XXXX XXXX, you state Our review of your account found the statement with the closing date of XX/XX/XXXX, your account had a balance of {$1400.00} with a minimum payment of {$44.00} due by XX/XX/XXXX. No payment was received for this balance and in accordance with the terms of the credit card agreement, each month the required minimum payment due was not received, the account was charged a late fee and interest charge. This continued until the account balance reach {$1900.00} and charged off on XX/XX/XXXX. This is somewhat misleading because you omit the fact that you are required by law to charge-off an account after you have not received any payments and the account is past due for over 180 days or six months. \n\nYou also omit and fail to admit or mention that the account was closed and could not be used by me but not charged off so that you can continue to act as if the account is still open and assess late fees, penalties, and interest until the balance is paid in full because once the account is charged off ( after 180 days or six months ) the late fees and interest must stop. You wanted the ability to still assess late fees, penalties, and interest to the account. This was discussed and addressed by the answer to the now dismissed lawsuit and you will have to have to explain this in the event of any new litigation. You seem to have forgotten that I can demand a jury trial. Do you think that going in front of a jury and demanding that they give you late fees and interest for six months just because you can charge those fees when you made little to no effort to collect this alleged debt and after you determined that I no longer had the ability to repay credit. What are you are you accomplishing by charging by charging interest and late fees for six months just because you can and until you are required to charge off the account? \n\nIn the event of any renewal or refiling of your claim the answer will be amended to include the fact this is your second attempt at filing the same claim against me and that you are subject to XXXX. XXXX. The discovery request will also be refiled. You should also be aware that some judges have issued standing orders and instructions regarding how cases are handled by that particular judge. One example is State Court of XXXX XXXX XXXX XXXX XXXX XXXX. Section seven of the order addresses extension of time and section seven addresses discovery. Extensions of time for discovery will be granted only upon consent motion or in exceptional cases in which the parties promptly commence and diligently pursue discovery yet are unable to complete discovery in the timeframe set forth above due to circumstances not reasonably anticipated at the time that the parties prepare and submit the XXXX XXXX. Any motion for an extension of time for discovery must be filed with the Court prior to the expiration of the existing discovery period. A copy of the standing order is attached for your review. This case was NOT assigned to XXXX XXXX and this order did not apply. You are required to respond to the discovery request truthfully and accurately within the timeframe provided by law. Failure to respond or to respond truthfully and accurately could result in you having to pay expenses incurred by me to prove that you did not respond truthfully and accurately and any failure to respond at all could result in a motion to compel. XXXX XXXX is aware of this fact. This case has already been filed and then dismissed. If the case is refiled and then dismissed voluntarily again that will serve as an adjudication upon the merits ( and is the same as a dismissal with prejudice ) O.C.G.A. 9-11-41 ( a ) ( 3 ). In other words, you will be prohibited by law from filing any additional lawsuits, claims, or actions, regarding this account and alleged debt and then would have no means to collect this alleged debt and no remedies available to you. It would be a violation of the FDCPA for any debt collector to threaten to take any action that can not legally be taken or that is not intended to be taken 15 U.S.C. 1692e ( 5 ) or the use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer 15 U.S.C. 1692e ( 10 ). \n\nAs previously stated, XXXX XXXX was sent a validation request on XX/XX/XXXX and it was received by them on XX/XX/XXXX. As of the date of this letter, no response other than the attorney acknowledging receipt of the request and stating that they are gathering the requested information and documents. \n\nXXXX XXXX is also aware of the previous lawsuit and will have to decide whether or not they will renew or refile this claim. Factors that could affect their decision include the failure to respond to the discovery request in the previous case and the defenses I have raised and outlined in this letter. You are not taking this fact into consideration when denying my request to delete this account from my credit report. \n\nYou should be aware that XXXX XXXX and the XXXX XXXX XXXX XXXX XXXX XXXX of Georgia have copies of all of your correspondence and communications with me, the CFPB, and the XXXX  except any that were received after the case was dismissed. The documents were provided to the court by me because they were attached to the answer as exhibits. In the event of any new litigation all communications received after the answer was filed will be attached as exhibits to an amended answer. You should also be aware that any documents filed with the court are public records and can be made available to anyone who request them provided they pay any fees imposed by the court or court clerks office for researching and printing of the request documents. The XXXX XXXX XXXX XXXX XXXX XXXX of Georgia also uses an online system https : //www.peachcourt.com to file cases and to obtain documents filed in cases if available. Anyone can register and create a peachcourt account and obtain copies documents filed in cases if available for a per item fee. Attorneys are required to file all cases online using the peachcourt website. Attorneys will have unlimited access to all of the documents available on and through the peachcourt website. You also may use XXXX XXXX XXXXXXXX to look up information regarding cases. This is a free service for anyone to use and you dont have to register. This site will not provide you with access to documents filed in the case and will only provide you with a list of any actions, events, or filings in the case. If you were to hire a new attorney, you must make them aware of the fact that you previously filed a lawsuit and then dismissed it approximately three months later and the fact they you and your attorney failed to respond to the discovery request then that attorney will make a decision whether or not to represent you or not. If you fail to inform the attorney and provide the attorney with all information regarding the case and account and withhold or omit information the attorney could withdraw from your case and or dismiss any pending court action/litigation. In this case it would be a second notice of dismissal and would serve or operate as an adjudication upon the merits and would be the same as a dismissal with prejudice O.C.G.A. 9-11-41 ( a ) ( 3 ).","date_sent_to_company":"2022-12-22T18:26:08.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"30066","tags":null,"has_narrative":true,"complaint_id":"6354302","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2022-12-22T18:25:54.000Z","state":"GA","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["Do you think that going in front of a jury and demanding that they give you late fees and interest for six months just because you can <em>charge</em> those fees when you made little to no effort to collect this alleged debt and after you determined that I no longer had the ability to repay credit. <em>What</em> are you are you accomplishing by <em>charging</em> by <em>charging</em> interest and late fees for six months just because you can and until you are required to <em>charge</em> off the account?"]},"sort":[6.3295126,"6354302"]},{"_index":"complaint-public-v1","_id":"6354301","_score":6.3228726,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"On or about XX/XX/XXXX, I received a dunning/collection letter from XXXX XXXX regarding the XXXX  XXXX XXXX credit card account On XX/XX/XXXX, Defendant mailed a debt validation request to XXXX XXXX  via certified mail tracking number XXXX. \nOn XX/XX/XXXX, XXXX XXXX received my debt validation request. \nI never received a response to my validation request which may be a violation of the FDCPA and 12 C.F.R. 106.34 ( a ) ( 1 ) and instead XXXX XXXX filed suit instead of responding. \nOn XX/XX/XXXX, XXXX XXXX filed this civil suit/action against me on behalf of XXXX  XXXX XXXX XXXX  in the State Court of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX On XX/XX/XXXX, I filed an answer to the lawsuit/complaint along with discovery motions/request Interrogatories, Request for the Production of Documents and Notice to Produce, and Request for Admissions. A copy of the Answer along with the discovery request was sent to you via certified mail tracking number XXXX. A copy of the Interrogatories, Request for the Production of Documents and Notice to Produce, and Request for Admissions. \nAccording to the post office, the package picked up at a postal facility by your agent, representative, or employee at XXXX XXXX  on XX/XX/XXXX. \n\nThe thirty days to respond to the discovery request started on XX/XX/XXXX, and ended on XX/XX/XXXX. \n\nI never received a response to the discovery request. \n\nPursuant to Georgia law O.C.G.A 9-11-33 ( a ) ( 2 ), 9-11-34 ( b ) ( 2 ), and 9-11-36 ( a ) ( 2 ), the party upon whom the discovery has been served shall serve a copy of the answers, and objections if any, within thirty ( 30 ) days after the service of the discovery request, except that a defendant may serve answers or objections within 45 days after service of the summons and complaint upon that defendant. The court may allow a shorter or longer time at the courts discretion. The party submitting the interrogatories may move for an order under subsection ( a ) of Code Section 9-11-37 with respect to any objection to or other failure to answer any discovery motion/request. \n\nPursuant to O.C.G.A. 9-11-36 ( a ) ( 2 ) The matter is admitted unless, within 30 days after service of the request or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by his attorney. Any matter admitted under this Code section is conclusively established unless the court, on motion, permits withdrawal or amendment of the admission O.C.G.A. 9-11-36 ( b ). \n\nOn XX/XX/XXXX, and XX/XX/XXXX. XXXX, I reached out to XXXX XXXX office by e-mail pursuant to rule 6.4 ( b ) and prior to filing a motion to compel pursuant to O.C.G.A. 9-11-37. \n\nOn XX/XX/XXXX, I mailed a certified letter ( tracking number XXXX ) to XXXX XXXX office and the letter was delivered and received by your office on XXXX, XXXX. \n\nOn XX/XX/XXXX, XXXX XXXX filed for voluntary dismissal without prejudice in the XXXX XXXX XXXX XXXX XXXX Georgia XXXX XXXX XXXX No XXXX. \n\nNow on XX/XX/XXXX, I received a dunning letter from XXXX XXXX listing XXXX XXXX. instead of XXXX  XXXX XXXX XXXX  or ( XXXX ) as the creditor. This is the same claim or action just listing a different creditor. \n\nOn XX/XX/XXXX, I mailed a second request for validation to XXXX XXXX via certified mail tracking number XXXX. According to the post office the item was delivered on XX/XX/XXXX. \n\nOn XX/XX/XXXX, I received an e-mail from one of XXXX XXXX attorneys confirming receipt of the validation request. \n\nGood afternoon, Our office is in receipt of your request and is gathering the requested documents for your review. \n\nXXXX XXXX XXXX, XXXX. \nLead Litigation GA Attorney XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, GA XXXX Phone : XXXX Ex. XXXX Fax : XXXX XXXX THIS COMMUNICATION IS FROM A DEBT COLLECTOR. \nPRIVILEGE AND CONFIDENTIALITY NOTICE : This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute, or copy this message and or any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by XXXX XXXX XXXX XXXX for damage arising in any way from its use. \nXXXX XXXX is a debt collector as defined by the Fair Debt Collection Practices Act ( FDCPA ) 15 U.S.C. 1692a ( 6 ) and is required to comply with the FDCPA. \nIf the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, or that the consumer request the name and address of the original creditor, the debt collector must cease collection of the debt, or any portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector 15 U.S.C. 1692g ( b ). \n\nThe failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer 15 U.S.C. 1692g ( c ). \n\nAs of the date of this letter, no response or validation/verification has been received by me. \n\nAny failure by XXXX XXXX to comply with or any violation of the FDCPA by XXXX XXXX XXXX result in XXXX XXXX being subject to civil liability as outlined in 15 U.S.C. 1692k. \n\nXXXX XXXX was notified and is aware that this is a second attempt to collect this alleged debt for the same account with XXXX XXXX XXXX XXXX XXXX XXXX ) which is a subsidiary of XXXX XXXX and that as of XX/XX/XXXX, XXXX has merged with XXXX. \n\nAny refiling or renewing of a case would be subject to O.C.G.A. 9-2-61 and O.C.G.A. 9-11-41. \n\nXXXX XXXX has received two requests for validation and has failed to respond to both of them. XXXX XXXX has had approximately ten months to respond to my request for validation. Dont you think if XXXX XXXX intended to collect this alleged debt that they would have responded to the validation request a required by law by now? \n\nAs of the date of this letter, there has been no refiling of any lawsuit against me to collect this alleged debt. XXXX XXXX would have to consider all the things discussed in this letter when deciding whether or not it wants to refile the case in any court. XXXX XXXX would have to consider that if the Request for Admissions in the previous and now dismissed lawsuit is deemed admitted pursuant to Pursuant to O.C.G.A. 9-11-36 ( a ) ( 2 ) and O.C.G.A. 9-11-36 ( b ) then it will be difficult for you or XXXX XXXX to pursue a new claim because if certain admissions are deemed admitted then you will probably lose your case. XXXX XXXX is aware of this fact. XXXX XXXX had the option to motion the court to allow withdrawal of the admission and or work with me to resolve any issues with discovery instead XXXX XXXX chose to dismiss the lawsuit. In the event of any renewal or refiling of any lawsuit, XXXX XXXX would essentially be refiling the same claim involving the same parties. If you or your attorney admitted the previous case away for failing to respond, then it will be difficult to refile the case and win or be successful. It seems as if you dont think about this or take this into consideration when deciding not to delete this account from my credit report. \n\nBecause you disagree with the decisions made by XXXX XXXX, the laws of the State of Georgia, and the information that you have been provided is not reason or grounds for you to dismiss and ignore the information that you have been provided and make decision based on your personal ideology or beliefs under the guise of some unnamed/specified law, government regulation, or company policy where you do state the specific law and section of the law, the specific government regulation, or provide a copy of the company policy you are citing and relying upon. You only provide a selective cursory response on items that you want to respond to and its like your response is scripted. Additionally, it seems that you copy and paste previous responses. \n\nYou position is As a credit provider, we are obligated to report the account accurately to the credit reporting agencies. This statement is designed to end any discussion regarding credit reporting and to justify not removing an item from a credit report and is misleading, while you are required by law to report accurate information to the credit reporting agencies, you are not required to report account to the credit reporting agencies. It seems as if this statement is crafted to make any credit reporting dispute go away. This statement also suggests that you have some kind of moral or ethical obligation and not a legal obligation to report this account to a credit bureau and suggest your decision not to delete this account from the credit report is a moral decision and not a legal one. \nXXXX  own customer agreement for the credit card states \" We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. We may report account information in your name and the names of authorized users. We may also obtain follow-up credit reports on you. If you think we reported incorrect information to a credit bureau, write us at the Customer Service address on the billing statement. We will investigate the matter. We will then tell you if we agree or disagree with you. If we agree with you, we will contact each credit bureau to which we reported and request a correction. If we disagree with you, we will tell you that. '' The card agreement states that XXXX can report information about a consumer and the account to a credit bureau if XXXX chooses to do so however, the card agreement does not prohibit XXXX from updating or removing information about a consumer from a consumers credit file. Additionally, if XXXX were to assign or sell this account to a debt buyer or collection agency and that debt buyer or collection agency reported this account to the credit bureau, XXXX would be obligated or required by the FCRA to remove the account from my credit report because the FCRA prohibits duplicate accounts, or the same information or account being reported multiple times on a consumers credit report. XXXX also fails or neglects to mention that some debt collectors will offer to delete the account from a consumers credit report in exchange for payment especially if it is written in any settlement agreement or consent order. XXXX does not want to admit that credit reporting is nothing more than a debt collection tactic or practice which it sometimes uses to extort money ( in some cases more money than Plaintiff is entitled to ) out of consumers ( i.e. either pay us what we claim you owe us or well ruin your credit for seven years ). It seems XXXX  as is not prohibited by contract, government regulations, or the law from removing Defendants account from his credit report with the three major credit bureaus out of revenge and spite because XXXX did not get the outcome XXXX wanted in the XXXX XXXX case and XXXX  ( which is a subsidiary of XXXX ) most likely will not achieve the outcome XXXX desires in the XXXX XXXX XXXX credit card account case and some kind of righteous duty with the intent to annoy, harass, intimidate, embarrass, and humiliate me and is nothing more than an effort to make it difficult for me to apply for and/or obtain credit or to have to pay a higher interest rate if offered a line of credit is preventing XXXX  from removing this account from Defendants credit report with the three major credit bureaus. \nIf it is XXXX  position that you are prohibited by law or government regulation from removing this account from my credit report, then you should have to identify any specific section of the FCRA or any other law or government regulation that would prohibit you from removing this account from my credit report and to provide any other information that you are relying upon. Based upon my information 15 U.S.C. 1681i and 15 U.S.C. 1681s-2 ( b ) there is no law or government regulation that would prohibit XXXX from removing this account from my credit report. I have requested this information previously and XXXX has refused to respond and only wants to respond to what it determines or decides it wants to respond to or address. This was also requested by me in the now dismissed collection lawsuit. \nIt also seems that your decision is not based on the law but an alleged company policy. I would ask that you provide a full and complete copy of the policy you are referencing in your previous communications. Please dont carelessly or mindlessly state that the information requested is confidential and proprietary business information and can not be disclosed. In the event of any refiling of any lawsuit regarding this account and alleged debt I will include the request for this information in a Request for the Production of Documents pursuant to O.C.G.A. 9-11-33. Any failure to respond appropriately to any discovery request is subject to a motion to compel pursuant to O.C.G.A. 9-11-37. \n\nXXXX has not been truthful in their previous responses to the CFPB and the XXXX  and there will be potential problems for you in the event of any refiling or renewing of this case. \n\nIn your previous correspondence you claim that XXXX regularly reviews credit report data to determine if cardholders continue to qualify for their accounts. You also claim, \" XXXX credit card account are reviewed on a regular basis to determine if an adjustment to the accounts credit limit is needed and to ensure the customer still meets the established eligibility requirements to maintain the card. You refuse to provide the eligibility requirements and credit criteria claiming, Our credit criteria is proprietary business information and can not be disclosed. I do not believe that you review accounts on a regular basis as you claim in your correspondence. \n\nOn two occasions my credit limit was lowered as a result of your so-called review of my account which you claim that my credit limit was reduced due to the number of revolving accounts with high usage. This is not the whole and complete truth. XXXX has omitted an important fact that in XXXX of XXXX a late fee was assessed on the same day as the payment due date XX/XX/XXXX, and the late fee was eventually credited back to the account even though payment was made and did not post until the next day XX/XX/XXXX. The following month the credit limit was reduced by {$100.00}. The other time the credit limit was reduced was in was in XXXX of XXXX. On XX/XX/XXXX ( the same day as the payment due date ) a late fee was assessed to the account even though a payment was made but did not post to the account until the next day XX/XX/XXXX. Then I received a letter from XXXX dated XX/XX/XXXX, stating that my credit limit would be reduced by another {$100.00}. Based on my research it seems the only time my account was reviewed was after a late fee was assessed and that the credit limit reduction is in retaliation and response to a late fee being assessed to the account. In the now dismissed collection lawsuit XXXX was asked in a discovery filing interrogatory to identify each and every time my account was allegedly reviewed. XXXX and their attorney XXXX XXXX failed to respond to the discovery request. The failure to respond to the discovery request is probably one of the factors that lead to the decision by XXXX XXXX to dismiss the lawsuit. \n\nWhen XXXX conducted the review in XXXX of XXXX the XXXX XXXX XXXX credit card account was listed on my credit report as a negative item. XXXX was aware of this account being listed as a negative item on my credit report and did not use it as a reason or basis to not lower the credit limit {$100.00} instead, you used the reason number of account with high usage however, when you allegedly reviewed the account for renewal the XXXX XXXX being listed as a negative item on my credit report was used as a basis and reason for not renewing my account. When you conducted the review of my account in XXXX of XXXX, you were made aware of the XXXX XXXX account being a negative item on my credit report and instead of exercising your right to terminate use of the account without giving notice in advance ; unless we are required to give you notice by law. You also failed to explain why the decision was made to only lower the credit limit and how you determined the amount to lower the credit limit. This was addressed in the Interrogatories that were filed in the now dismissed lawsuit against me. In other words you failed to mitigate you damages. You will have to explain this in court. \n\nYou allegedly reviewed the account again XXXX of XXXX, and then sent a letter dated XX/XX/XXXX, that my account would not be renewed beyond the expiration of the card. This time the XXXX XXXX XXXX credit card account being a negative item on my credit report was used as a reason to not renew my account beyond the expiration date of the card. You will have to explain this in the event of any refilling or relitigating of this case. XXXX XXXX is aware of this because it was included in the answer to the now dismissed collection lawsuit. \n\nThis alleged review was conducted approximately nine months prior to the cards expiration and notice was not sent to me until approximately eight months prior to the cards expiration. \n\nAccording to the XX/XX/XXXX, XXXX XXXX letter that talks about XXXX conducting reviews of accounts the letter also states Under federal law, we must determine the applicants ability to repay credit. My account was left open and not closed until XX/XX/XXXX. After XXXX determined that I no longer qualified for the account and or no longer had the ability to repay credit my account was left open and XXXX allowed me to use the account until the expiration date. This will be a problem for XXXX in the event of any litigation because you as a plaintiff have a duty and responsibility to mitigate your damages. As your agents, employees, and representatives love to cite the customer agreement that we have the right to limit or terminate use of your account without giving you notice in advance ; unless we are required to give you notice by law. You will be required to explain this in the event of any refiling or relitigating of this case. You will have to explain why you made the decision approximately nine months prior to the cards expiration and why you left the account open and allowed continued use of the card after determining that I no longer had the ability to repay credit until the card expired. This was included in the answer to the now dismissed collection lawsuit and XXXX XXXX is aware of this. Additionally, you charged {$41.00} late fees and interest for six months and then charged the account off after six months of receiving no payments because you were required to do so by law. If you determine that someone no longer has the ability to repay credit how is charging that person {$41.00} in late fees for six months or {$240.00} in late fees and interest going to incentivize or get someone to pay when they no longer have the ability to repay credit? \n\nThe aforementioned issued are also addressed in the discovery request that were filed in the now dismissed collection lawsuit and you nor your attorney XXXX XXXX responded to the discovery request. \n\nYou have repeatedly rejected any request by me to settle this case for less than the full balance, which in no way should be construed as an admission of liability or indebtedness by me. In the event of any refiling or renewal of this case, you may have to have to explain why you reject the request and then made a settlement offer in XXXX of XXXX giving me until XX/XX/XXXX, to respond. The letter also indicates if I choose not to accept the offer there may be other opportunities to settle may be available at a later date. And once again in a XXXX of XXXX correspondence by XXXX XXXX reject any offer to settle this account for less than the full balance, which in no way should be construed as an admission of liability or indebtedness by me. \n\nYou also failed to make any reasonable efforts to collect this alleged debt and artificially inflated the balance with unnecessary interest, fees, and penalties. Then you made a settlement offer at the end of XXXX and approximately one month prior to you being required by law to charge off the account and when the late fees and interest stop. \n\nYou issued a XXXX store credit card that can only be used at XXXX. When the account was opened the credit limit was {$800.00}. The credit limit has now been reduced to {$100.00}. The card has no expiration date and is still active. In the event of any renewal or refiling of the XXXX XXXX case you may have to explain this. Specifically, if I dont qualify and or dont have the ability to repay credit on the XXXX XXXX account how do you expect me to repay credit on this account and why you have not closed this account. This is a valid issue and defense. This information was included in the answer to the previous lawsuit that has since been dismissed. XXXX XXXX is and should be aware of this. \n\nYou have lied about and denied and continue to deny and ignore the fact that the decision not renew the account is in retaliation to a dispute I had with XXXX ( which you were a subsidiary of ) regarding a XXXX XXXX XXXX credit card account even though the available evidence supports my claim of retaliation. First, we have the fact that my credit limit was reduced on two occasions as a result of and in retaliation to late fees being assessed to my account. Second, we have the fact that the XXXX XXXX account being listed on my credit report as a negative item ( i.e., the serious delinquency item listed on my credit report reason ) on my credit report and was used as a reason for not renewing my account and included in the letter dated XX/XX/XXXX, informing me that my account would not account would not be renewed. Finally, we have the fact the XXXX ( which XXXX is or was a subsidiary of and has now merged with XXXX ) closed and refused to renew my XXXX XXXX XXXX credit card account and flat out admitted it was due to a to a charge-off of the XXXX XXXX account. I am not asking you to address issues or concerns regarding other accounts but just merely stating the facts and using this information to prove my point or position. \n\nYou have also omitted other important information from your correspondences with me, the CFPB, and the XXXX. \n\nIn your XX/XX/XXXX, letter by XXXX XXXX, you state Our review of your account found the statement with the closing date of XX/XX/XXXX, your account had a balance of {$1400.00} with a minimum payment of {$44.00} due by XX/XX/XXXX. No payment was received for this balance and in accordance with the terms of the credit card agreement, each month the required minimum payment due was not received, the account was charged a late fee and interest charge. This continued until the account balance reach {$1900.00} and charged off on XX/XX/XXXX. This is somewhat misleading because you omit the fact that you are required by law to charge-off an account after you have not received any payments and the account is past due for over 180 days or six months. \n\nYou also omit and fail to admit or mention that the account was closed and could not be used by me but not charged off so that you can continue to act as if the account is still open and assess late fees, penalties, and interest until the balance is paid in full because once the account is charged off ( after 180 days or six months ) the late fees and interest must stop. You wanted the ability to still assess late fees, penalties, and interest to the account. This was discussed and addressed by the answer to the now dismissed lawsuit and you will have to have to explain this in the event of any new litigation. You seem to have forgotten that I can demand a jury trial. Do you think that going in front of a jury and demanding that they give you late fees and interest for six months just because you can charge those fees when you made little to no effort to collect this alleged debt and after you determined that I no longer had the ability to repay credit. What are you are you accomplishing by charging by charging interest and late fees for six months just because you can and until you are required to charge off the account? \n\nIn the event of any renewal or refiling of your claim the answer will be amended to include the fact this is your second attempt at filing the same claim against me and that you are subject to O.C.G.A. 9-11-41. The discovery request will also be refiled. You should also be aware that some judges have issued standing orders and instructions regarding how cases are handled by that particular judge. One example is State Court of XXXX XXXX XXXX XXXX XXXX XXXX. Section seven of the order addresses extension of time and section seven addresses discovery. Extensions of time for discovery will be granted only upon consent motion or in exceptional cases in which the parties promptly commence and diligently pursue discovery yet are unable to complete discovery in the timeframe set forth above due to circumstances not reasonably anticipated at the time that the parties prepare and submit the Scheduling Order. Any motion for an extension of time for discovery must be filed with the Court prior to the expiration of the existing discovery period. A copy of the standing order is attached for your review. This case was NOT assigned to XXXX XXXX and this order did not apply. You are required to respond to the discovery request truthfully and accurately within the timeframe provided by law. Failure to respond or to respond truthfully and accurately could result in you having to pay expenses incurred by me to prove that you did not respond truthfully and accurately and any failure to respond at all could result in a motion to compel. XXXX XXXX is aware of this fact. This case has already been filed and then dismissed. If the case is refiled and then dismissed voluntarily again that will serve as an adjudication upon the merits ( and is the same as a dismissal with prejudice ) O.C.G.A. 9-11-41 ( a ) ( 3 ). In other words, you will be prohibited by law from filing any additional lawsuits, claims, or actions, regarding this account and alleged debt and then would have no means to collect this alleged debt and no remedies available to you. It would be a violation of the FDCPA for any debt collector to threaten to take any action that can not legally be taken or that is not intended to be taken 15 U.S.C. 1692e ( 5 ) or the use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer 15 U.S.C. 1692e ( 10 ). \n\nAs previously stated, XXXX XXXX was sent a validation request on XX/XX/XXXX and it was received by them on XX/XX/XXXX. As of the date of this letter, no response other than the attorney acknowledging receipt of the request and stating that they are gathering the requested information and documents. \n\nXXXX XXXX is also aware of the previous lawsuit and will have to decide whether or not they will renew or refile this claim. Factors that could affect their decision include the failure to respond to the discovery request in the previous case and the defenses I have raised and outlined in this letter. You are not taking this fact into consideration when denying my request to delete this account from my credit report. \n\nYou should be aware that XXXX XXXX and the State Court of Cobb County State of Georgia have copies of all of your correspondence and communications with me, the CFPB, and the XXXX  except any that were received after the case was dismissed. The documents were provided to the court by me because they were attached to the answer as exhibits. In the event of any new litigation all communications received after the answer was filed will be attached as exhibits to an amended answer. You should also be aware that any documents filed with the court are public records and can be made available to anyone who request them provided they pay any fees imposed by the court or court clerks office for researching and printing of the request documents. The XXXX XXXX XXXX XXXX XXXX XXXX of Georgia also uses an online system XXXX XXXX XXXX to file cases and to obtain documents filed in cases if available. Anyone can register and create a peachcourt account and obtain copies documents filed in cases if available for a per item fee. Attorneys are required to file all cases online using the peachcourt website. Attorneys will have unlimited access to all of the documents available on and through the peachcourt website. You also may use XXXX XXXX XXXX to look up information regarding cases. This is a free service for anyone to use and you dont have to register. This site will not provide you with access to documents filed in the case and will only provide you with a list of any actions, events, or filings in the case. If you were to hire a new attorney, you must make them aware of the fact that you previously filed a lawsuit and then dismissed it approximately three months later and the fact they you and your attorney failed to respond to the discovery request then that attorney will make a decision whether or not to represent you or not. If you fail to inform the attorney and provide the attorney with all information regarding the case and account and withhold or omit information the attorney could withdraw from your case and or dismiss any pending court action/litigation. In this case it would be a second notice of dismissal and would serve or operate as an adjudication upon the merits and would be the same as a dismissal with prejudice O.C.G.A. 9-11-41 ( a ) ( 3 ).","date_sent_to_company":"2022-12-22T18:26:08.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"30066","tags":null,"has_narrative":true,"complaint_id":"6354301","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2022-12-22T18:25:54.000Z","state":"GA","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["Do you think that going in front of a jury and demanding that they give you late fees and interest for six months just because you can <em>charge</em> those fees when you made little to no effort to collect this alleged debt and after you determined that I no longer had the ability to repay credit. <em>What</em> are you are you accomplishing by <em>charging</em> by <em>charging</em> interest and late fees for six months just because you can and until you are required to <em>charge</em> off the account?"]},"sort":[6.3228726,"6354301"]}]},"aggregations":{"has_narrative":{"meta":{},"doc_count":39,"has_narrative":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":1,"key_as_string":"true","doc_count":39}]}},"product":{"doc_count":39,"product":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit reporting or other personal consumer reports","doc_count":9,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit reporting","doc_count":9}]}},{"key":"Credit reporting, credit repair services, or other personal consumer reports","doc_count":8,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit reporting","doc_count":8}]}},{"key":"Credit card","doc_count":5,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"General-purpose credit card or charge card","doc_count":4},{"key":"Store credit card","doc_count":1}]}},{"key":"Debt collection","doc_count":5,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Auto debt","doc_count":2},{"key":"Credit card debt","doc_count":2},{"key":"Medical debt","doc_count":1}]}},{"key":"Checking or savings account","doc_count":3,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Checking account","doc_count":3}]}},{"key":"Mortgage","doc_count":3,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Conventional home mortgage","doc_count":3}]}},{"key":"Vehicle loan or lease","doc_count":2,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Lease","doc_count":1},{"key":"Loan","doc_count":1}]}},{"key":"Credit card or prepaid card","doc_count":1,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"General-purpose credit card or charge card","doc_count":1}]}},{"key":"Money transfer, virtual currency, or money service","doc_count":1,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Domestic (US) money transfer","doc_count":1}]}},{"key":"Payday loan, title loan, or personal loan","doc_count":1,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Installment loan","doc_count":1}]}},{"key":"Student loan","doc_count":1,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Federal student loan servicing","doc_count":1}]}}]}},"issue":{"doc_count":39,"issue":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Improper use of your report","doc_count":7,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Reporting company used your report improperly","doc_count":7}]}},{"key":"Problem with a credit reporting company's investigation into an existing problem","doc_count":6,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Their investigation did not fix an error on your report","doc_count":6}]}},{"key":"Incorrect information on your report","doc_count":3,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Account status incorrect","doc_count":3}]}},{"key":"Managing an account","doc_count":2,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Banking errors","doc_count":1},{"key":"Problem using a debit or ATM card","doc_count":1}]}},{"key":"Other features, terms, or problems","doc_count":2,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Problem with customer service","doc_count":1},{"key":"Problem with rewards from credit card","doc_count":1}]}},{"key":"Problem when making payments","doc_count":2,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Problem during payment process","doc_count":2}]}},{"key":"Struggling to pay mortgage","doc_count":2,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Foreclosure","doc_count":1}]}},{"key":"Took or threatened to take negative or legal action","doc_count":2,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Seized or attempted to seize your property","doc_count":2}]}},{"key":"Written notification about debt","doc_count":2,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Didn't receive enough information to verify debt","doc_count":2}]}},{"key":"Attempts to collect debt not owed","doc_count":1,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Debt was paid","doc_count":1}]}},{"key":"Closing on a mortgage","doc_count":1,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[]}},{"key":"Closing your account","doc_count":1,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Can't close your account","doc_count":1}]}},{"key":"Dealing with your lender or servicer","doc_count":1,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Trouble with how payments are being handled","doc_count":1}]}},{"key":"Fraud or scam","doc_count":1,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[]}},{"key":"Getting the loan","doc_count":1,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[]}},{"key":"Problem with a company's investigation into an existing problem","doc_count":1,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Problem with personal statement of dispute","doc_count":1}]}},{"key":"Problem with a lender or other company charging your account","doc_count":1,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Transaction was not authorized","doc_count":1}]}},{"key":"Problem with a purchase shown on your statement","doc_count":1,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit card company isn't resolving a dispute about a purchase on your statement","doc_count":1}]}},{"key":"Problems at the end of the loan or lease","doc_count":1,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Problem with paying off the loan","doc_count":1}]}},{"key":"Struggling to pay your loan","doc_count":1,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Lender trying to repossess or disable the vehicle","doc_count":1}]}}]}},"timely":{"doc_count":39,"timely":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Yes","doc_count":39}]}},"company_response":{"doc_count":39,"company_response":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Closed with explanation","doc_count":29},{"key":"Closed with non-monetary relief","doc_count":9},{"key":"Closed with monetary relief","doc_count":1}]}},"submitted_via":{"doc_count":39,"submitted_via":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Web","doc_count":39}]}},"company":{"doc_count":39,"company":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","doc_count":7},{"key":"EQUIFAX, INC.","doc_count":5},{"key":"CITIBANK, N.A.","doc_count":3},{"key":"BANK OF AMERICA, NATIONAL ASSOCIATION","doc_count":2},{"key":"Experian Information Solutions Inc.","doc_count":2},{"key":"NAVY FEDERAL CREDIT UNION","doc_count":2},{"key":"Specialized Loan Servicing Holdings LLC","doc_count":2},{"key":"WELLS FARGO & COMPANY","doc_count":2},{"key":"AES/PHEAA","doc_count":1},{"key":"AMERICAN EXPRESS COMPANY","doc_count":1},{"key":"Amsher Collection Services, Inc.","doc_count":1},{"key":"BANCO POPULAR DE PUERTO RICO","doc_count":1},{"key":"Byrider Franchising, LLC","doc_count":1},{"key":"CAPITAL ONE FINANCIAL CORPORATION","doc_count":1},{"key":"CMRE Financial Services, Inc.","doc_count":1},{"key":"CULLEN/FROST BANKERS, INC.","doc_count":1},{"key":"Chime Financial Inc","doc_count":1},{"key":"M&T BANK CORPORATION","doc_count":1},{"key":"Mr. Cooper Group Inc.","doc_count":1},{"key":"Navient Solutions, LLC.","doc_count":1},{"key":"Resurgent Capital Services L.P.","doc_count":1},{"key":"SYNCHRONY FINANCIAL","doc_count":1}]}},"state":{"doc_count":39,"state":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"GA","doc_count":10},{"key":"CA","doc_count":4},{"key":"TX","doc_count":4},{"key":"NE","doc_count":3},{"key":"TN","doc_count":3},{"key":"CO","doc_count":2},{"key":"MI","doc_count":2},{"key":"WA","doc_count":2},{"key":"FL","doc_count":1},{"key":"IL","doc_count":1},{"key":"MA","doc_count":1},{"key":"MO","doc_count":1},{"key":"MT","doc_count":1},{"key":"NC","doc_count":1},{"key":"NJ","doc_count":1},{"key":"NV","doc_count":1},{"key":"PR","doc_count":1}]}},"company_public_response":{"doc_count":39,"company_public_response":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","doc_count":20},{"key":"Company believes it acted appropriately as authorized by contract or law","doc_count":4}]}},"tags":{"doc_count":39,"tags":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Older American","doc_count":3},{"key":"Servicemember","doc_count":3}]}}},"_meta":{"license":"CC0","last_updated":"2026-07-14T12:00:00-05:00","last_indexed":"2026-07-14T12:00:00-05:00","total_record_count":16441818,"is_data_stale":false,"has_data_issue":false,"break_points":{"2":[6.32199,"6354301"]}}}