Date Received: 2024-01-12
Issue: Problem with a company's investigation into an existing problem
Subissue: Problem with personal statement of dispute
Consumer Complaint: I had an account through Dell Financial Services ( DFS ). I arranged payment of a personal computer and a subscription to XXXX XXXX, with annual renewal. That renewal was due XX/XX/2023. In that time I had a new debit card issued and the renewal payment was missed. The amount for information was {$76.00}. On or about XX/XX/2023 I received a call from an unlisted number. The caller claimed to be with DFS. The caller said i had an overdue debt, and I needed to pay. I asked what debt it was, and they wanted my entire Social Securtity Number to discuss. I declined. I thought this was a scam. I received a letter from Dell Financial Services with an itemized bill indicating the bill was missed. Dell Financial services had also added on {$65.00} of penalties. I called Dell Financial services and told them of the experience. They agreed to cancel the penalties due to the circumstances and I paid the amount owed. In XX/XX/2023, DFS transitioned their credit business to Comeinty Bank. In XXXX XX/XX/2023 i noticed that a negative credit remark had been made against me to all three credit bureaus. It lowered my credit score XXXX points. I called DFS and they stated since Comenity had their credit there was nothing they could do. I should call Comeinty or file a XXXX complaint. I did. Comenity sent a resolution letter attached. I sent the XXXX a response to this letter. Comenity states that they will not take any action. The penalties were refunded to me out of a courtesy. If I was in the wrong, then they should have never refunded the penalties. At the time I was granted this " courtesy '' refund nothing was mentioned about negative credit remarks. I consider this move a duplicitous action by DFS. At least Comenity did discuss it with me, DFS the account owner at the time refused to take action at all. The XXXX recommended I file a complaint through this agency in their response to me. I consider this a personal offense to my good name and credit rating and I will not have it. I am well aware the chances of DFS and or Comenity Bank retracting this remark are nearly XXXX. However, it is my right to complain and continue to seek a resolution or besmirch DFS and Comenity at every opportunity.
Company Response:
State: TN
Zip: 37167
Submitted Via: Web
Date Sent: 2024-01-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-14
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: On XX/XX/XXXX, I ordered two items from New York and Company with my New York and Company rewards credit card. The items ordered were a pair of shoes and a dress. This credit card that I used with New York and Company through XXXX Bank is a credit card that I had paid off in the year XXXX and the credit card had a XXXX balance before the purchase. New York and Company promised me that I would receive the purchased items by the! date of XXXX XXXX XXXX but New York and Company did not send me the items until XX/XX/XXXX. Due to New York and Company sending me the items late, I returned the items back to the company due to needing the items before XXXX XXXX XXXX When I emailed New York and Company requesting a return label to ship the items back, the company gave me such a hassle regarding sending me a return label and lied to me saying they emailed me one but never did. I then had to go to the New York and Companys website and search for and request a return label. I shipped the items back to New York and Company but the company never credited my account back for the returned items and continued to charge my account late fees for the balance that was charged to my account for the items that were returned. I filed a dispute with New York and Company and XXXXXXXX XXXX regarding this issue but the company is telling me that the dispute can take up to 90 days. In the meantime, the company keeps charging me late fees on my credit card statement for the returned items and has been falsely reporting that I owe a balance for the returned items and negatively and falsely reporting on all XXXX credit bureaus that havent paid this balance in 2 months! New York and Company also mailed me stating that they were going to increase my interest rate on my credit card because of this. I am requesting that this is corrected on my account as soon as possible, correct the false reporting, decrease my interest rate back to what it was or lower. This issue is crazy considering that I had a XXXX balance before all of this and that the credit card had been paid off since XXXX before all of this happened. Since I have paid off the card I rarely use the card!
Company Response:
State: AL
Zip: 35806
Submitted Via: Web
Date Sent: 2024-01-14
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-14
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: According to the Fair Credit Reporting Act 15 USC 1681 section 602 a states " There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' XXXX, XXXX and XXXX are consumer reporting agencies and I am the Consumer. I have the right to make sure my private information isn't shared which is backed by 15 USC 6801 which states '' It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. '' Furnisher of information to credit agencies is a financial institution by definition under that title. 15 USC 1681 section 604 a section 2 states that " In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' Furnisher of information to credit agencies the financial institution and the Consumer reporting agencies XXXX, XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, XXXX and XXXX that Furnisher of information to credit agencies whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' ( Furnisher of information to credit agencies ) Never informed me of my right to exercise my nondisclosure option. Not only that 15 USC 1681C ( a ) ( 5 ) states '' Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states " A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. XXXX and XXXX are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that " A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services.
Company Response:
State: LA
Zip: 70072
Submitted Via: Web
Date Sent: 2024-01-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-14
Issue: Fees or interest
Subissue: Problem with fees
Consumer Complaint: I have a credit card for Talbots which is managed by Comenity Bank. I pay my bills on time and recently began to pay them through my on line banking. Twice I received fees for late payments. The first time I thought it was my fault. The second time, I called. It had taken them over a week to post my payment after they received it from my bank, and therefore they considered me late. They would not eliminate the charge nor could they give me the policy on when payments are posted related to when they are received. Since I have done business with Talbots for XXXX 30 years I tried again and purchased something on XX/XX/XXXX and received a bill for {$84.00} on XX/XX/XXXX with a due date of XX/XX/XXXX. I thought that was plenty of time to be paid through my online banking so I paid the bill on XXXX through my online banking but it would not be paid out until XX/XX/XXXX which still seemed like plenty of time to be posted. It was paid by my bank on XX/XX/XXXX. Comenity Bank did not post the payment until XXXX which resulted in a {$37.00} late fee which I think is unacceptable. I will not use my Talbots card again, but meanwhile, this must be happening with other customers. This is too bad as I have been purchasing from Talbots for XXXX 30 years and never had an issue until Comenity bank took over. I find their practices " shady '' at the very least.
Company Response:
State: MA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2024-01-14
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-13
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: Account dose not belong to me
Company Response:
State: MD
Zip: 21207
Submitted Via: Web
Date Sent: 2024-01-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-13
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: I reviewed my Credit report and noticed that Comenitycapital/Ultamc account number XXXX reported to XXXX on numerous occasions as will show in the document below named " Revolving Accounts '' when they knowingly reported false data to XXXX and XXXX! This person violated FCRA deliberately and knowingly! ( see Revolving Accounts ) namely the months of 2023 Actual Payments vs XXXX months of 2023 Payments! Law has been well established in regards to this issue. Furthermore Comenitycapital/Ulta has Conspired with XXXX and XXXX to deprive me of my rights in regards to 15 U.S. Code Sec. 1681 ( d ) ( 1 ) In General Consumer Report also under 15 U.S. Code Sec. 1681 ( 2 ) Exclusions : Consumer Report shall not Include the following : ( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( ii ) communication of that information among persons related by common ownership or affiliated by corporate control ; or ( iii ) communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons ; This is in Clear violation of my Right to a Fair Credit Report. Congress has held that it is a GRAVE responsibility to report accurate information which has not been done here. I WAS NOT AFFORDED THE OPPORTUNITY TO OPT OUT OF THE SHARING OF MY INFORMATION TO ANY THIRD PARTIES NOR WAS I NOTIFIED OF THIS RIGHT PRIOR TO THE SHARING OF MY PERSONAL INFORMATION BY ANY PERSON IN REGARDS TO THIS MATTER.
Company Response:
State: TX
Zip: 75062
Submitted Via: Web
Date Sent: 2024-01-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-11
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: This morning I received an alert from my identity monitoring that I had an negative report on an account. XXXX reported that I was more than 30 days past due on a credit card from Commenity Bank. The card was called XXXX XXXX I do not have such a card. After I logged into the credit monitoring, I saw that it was also on my XXXX credit report. I contacted Commenity bank and after telling them my personal information, they verified that I do not have a XXXX XXXX account. I asked them to send me a email stating this as the dispute process asked for these kinds of letters. She refused to do this. She also said it was a credit bureau mistake. But why was this sent to all three credit bureaus if an individual credit bureau made a mistake? And right after the phone call XXXX notified me that Commenity bank was reporting me as being two payments late on a XXXX XXXX Credit Card. Commenity Bank IS reporting this to the bureaus regardless of what they are telling me. Please make them stop and make me whole. My credit score dropped XXXX points over this.
Company Response:
State: PA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2024-01-11
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-11
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: in accordance with the Fair Credit Reporting Act this creditor has violated my rights under 15 USC 1681 section 6 o 2 states I have the right to privacy ( 15 USC 1681 ( section 6 0 4 a section 2 ( it also states a consumer reporting agency can not furnish an account without my written instructions under 15 USCS 1666b a creditor may not treat a payment on a credit card account under an open end consumer credit card plan as late for any purpose
Company Response:
State: FL
Zip: 33573
Submitted Via: Web
Date Sent: 2024-01-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-11
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: Name : XXXX XXXX Date : XXXX XXXX XXXX XXXX XXXX, IL XXXX D.O.B XXXX XXXX COMENITYBANK/XXXX XXXX XXXX XXXX XXXX, OH XXXX This letter is to provide you with knowledge of intent to sue. The lawsuit will filed due to the utter lack of response from your company. When someone is the victim of identity theft, it is simply a nightmare trying to get false information removed from a credit file. I have contacted all of the false creditors listed on my credit file. I have challenged all of the false listings on my credit file. Nothing ever happens to fix the situation. Over 90 days ago I wrote each the creditors in question and demanded proof that I am their customer. I asked for proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature. So far none of them has been able to provide such proof to me. I have sent follow-up letters to each of them and there is still no proof. I have attempted phone contact, but I simply get transferred around and nothing ever gets accomplished. I have fully investigated my rights in this matter. Under the doctrine of estoppel by silence, Engelhardt v Gravens ( Mo ) 281 SW 715, 719, I may presume that no proof of the alleged debt, nor therefore any such debt, in fact exists. I have copies of the certified letters and dates prepared to bring to court. Also, under the Fair Credit Reporting Act, these disputed items may not appear on my credit report if they can not be supported by any evidence. Under the Fair Credit Reporting Act, if they can not verify the debt within 30 days, then it must be removed. Your letters to me claim to have " verified '' the debt, but this is in fact not true under law. Simply contacting the alleged creditor and asking them to match up numbers in their database is no sufficient verification for identity theft. Of course the information matches up. Someone clearly used my information without my authorization. Now I am suing XXXX for being such a pain in the posterior to me. I have provided more than sufficient evidence to get these false accounts removed. You may contact me before XXXX via letter at my address listed at the top of this letter. This matter can be settled simply by your agreement to remove the false information from my credit file. I require a response, on point, in writing, hand signed, and in a timely manner. If I get another pointless letter from you saying that it has already been " verified '' then there will be no more opportunity for negotiation. This will proceed in court until I have successfully proven to a judge that this false information must be removed from my credit file. I will also be aggressively pursuing the full judgment that I can get against XXXX for violation of the Fair Credit Reporting Act and Defamation. The items to be removed from my credit report are list one an attach page. I look forward to your response. Attachment included Name : XXXX XXXX Date XXXX XXXX XXXX XXXX XXXX XXXXXXXX, IL XXXX D.O.B XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX, Ga XXXX This letter is to provide you with knowledge of intent to sue. The lawsuit will filed due to the utter lack of response from your company. When someone is the victim of identity theft, it is simply a nightmare trying to get false information removed from a credit file. I have contacted all of the false creditors listed on my credit file. I have challenged all of the false listings on my credit file. Nothing ever happens to fix the situation. Over 90 days ago I wrote each the creditors in question and demanded proof that I am their customer. I asked for proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature. So far none of them has been able to provide such proof to me. I have sent follow-up letters to each of them and there is still no proof. I have attempted phone contact, but I simply get transferred around and nothing ever gets accomplished. I have fully investigated my rights in this matter. Under the doctrine of estoppel by silence, Engelhardt v Gravens ( Mo ) 281 SW 715, 719, I may presume that no proof of the alleged debt, nor therefore any such debt, in fact exists. I have copies of the certified letters and dates prepared to bring to court. Also, under the Fair Credit Reporting Act, these disputed items may not appear on my credit report if they can not be supported by any evidence. Under the Fair Credit Reporting Act, if they can not verify the debt within 30 days, then it must be removed. Your letters to me claim to have " verified '' the debt, but this is in fact not true under law. Simply contacting the alleged creditor and asking them to match up numbers in their database is no sufficient verification for identity theft. Of course the information matches up. Someone clearly used my information without my authorization. Now I am suing XXXX for being such a pain in the posterior to me. I have provided more than sufficient evidence to get these false accounts removed. You may contact me before XXXX via letter at my address listed at the top of this letter. This matter can be settled simply by your agreement to remove the false information from my credit file. I require a response, on point, in writing, hand signed, and in a timely manner. If I get another pointless letter from you saying that it has already been " verified '' then there will be no more opportunity for negotiation. This will proceed in court until I have successfully proven to a judge that this false information must be removed from my credit file. I will also be aggressively pursuing the full judgment that I can get against XXXX for violation of the Fair Credit Reporting Act and Defamation Accounts that I didnt authorize and had no knowledge of or reporting accurately, police report and FTC report is on file, Please DELETE THEM Account Name______COMENITYBANK XXXX___________________ Date XXXX Account Number____________________________________ Reason for dispute_IDENTITY THEFT___ Account XXXX
Company Response:
State: IL
Zip: 60649
Submitted Via: Web
Date Sent: 2024-01-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-11
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: I recently reviewed my Consumer Report where I discovered that ( CB/VIC SCT ) date opened ( XXXX ) a loan installment account was notated as a ( CHARGE OFF/ COLLECTIONS ) on my profile. It was never disclosed to me upon our initial agreement that I had the right to opt out or opt into sharing my privacy with a third party. In pursuant to title 15 U.S.C. 1681b ( 2 ) any information communicated or notated on my consumer report should be based on my written instructions. In pursuant to title 15 U.S.C. 1681c ( 4 ) No CHARGE OFF/COLLECTIONS should be notated on a consumer report without written consent and an adequate notice antedating 7 years.
Company Response:
State: LA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2024-01-11
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A