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Experian REFUSING to correct rehabbed student loan and incomplete and false Afni collection reporting

Here we go again, another student loan Experian reporting problem and insane investigation results along with SYSTEMIC false and incomplete Afni collection reporting and strange Experian legal advice.  My email to attorney Chang (Jones Day, counsel for Experian in my case against it) is posted below.

1) Experian’s refusal to report the rehabbed student loan as “paid as agreed” and refusal to update the 2/07 balance.

This student loan was rehabbed and it is correctly reported as paid as agreed by Trans Union.

My client disputed with Experian:

3) The Dept. of Education loan was rehabbed and must be reported as paid as agreed with the current balance.

The 8/24/09 Experian investigation results:

8-24-09-us-debt-investigation-results

I sure do NOT see any updated information:

dept-of-ed-8-24-09-experian-results

The account is reported as derogatory:

Status: Claim filed with government/Never late.  

Account history: Claim filed with government as of Feb 2007.

Creditor’s statement: “Student loan permanently assigned to government.

Don’t assume that it is a positive account because it’s reported as “never late.”   This is how they TRICK people into NOT disputing extremely derogatory data. 

In fact, this student loan is as derogatory as any charge-off.

HINT:  The Experian direct report lists derogatory accounts in the  beginning and derogs are only reported for 7 years.  

This account is scheduled to continue on record until November 2013.

Apparently the account became permanently delinquent in 2006.  If it was a positive account, it would be reported for 10 years from payment in full.

Please note that the account was LAST REPORTED to Experian in 2/2007 with the $15,500 balance.  My client has been PAYING the account and it is CORRECTLY reported  by Trans Union, although the reporting also has not been updated since 1/2008.

From the TU myFICO report in 7/09:

7-21-09-dept-ed-tu-correct-reporting

Note the LOWER BALANCE and that there are NO derogatory remarks. 

However, the government should obviously update the balance every month.  So many people start paying their defaulted student loans because they are promised that the loans will be reported as POSITIVE accounts after 12 timely payments.   As so often, the government breaks its promises.

2) Experian’s odd investigation results, refusal to delete collections that were NOT validated and SYSTEMIC false and incomplete reporting of collections.


My client also disputed the Afni collection.            

2) Please delete these disputed collections: AFNI, Kenneth Eisen & Assoc and National Credit Adjuster. AFNI and National Credit failed to provide any documentation for the accounts after my disputes.

The 8/24/09 Experian results state that the account was “reviewed” and the Afni reporting states: “This item was verified and updated on Aug. 2009.

afni-reviewed-8-24-09-experian-results

8-24-09-afni-reporting-experian-results

Most important: Experian does NOT report the DATE of the DEFAULT to creditors.

It also reports MANY collections incorrectly as installment loans such as this Afni collection, reports OBVIOUSLY FALSE status dates and it  allows collectors like AFNI to report FALSE information about DISPUTED and usually undocumented collections. 

Afni has been sued by the MN AG and even featured in a TV news report as a collector notorious for collecting bogus  accounts.

Since the credit bureau profits INCREASE as they report false and misleading derogatory information, they condone the Afni reporting.

The Experian employees commit perjury with impunity and claim that Experian implemented procedures to ensure that credit reports are as accurate as possible.  The Experian INVESTIGATION RESULTS prove that Experian in fact takes many measures to deliberately DESTROY consumers’ credit rating, to confuse and deceive consumers with strange statements and it even gives the bizarre legal advice claiming that the INCORRECT reporting complies with the FCRA!

NOBODY should have to pay me to TRY to explain the absurd credit bureau investigation results.

Please see my published FTC / state AG complaints at http://credit-reporting-collection-ftc-complaints.info/  Unless Experian changes its SYSTEMIC bizarre credit reporting practices, the Experian collection reporting will become another published regulatory complaint. 

My email with many questions to attorney Chang:

9/8/09

Dear Mr. Chang,

Once again Experian blatantly refused to correct a client’s student loan reporting.  [Client’s] power of attorney is attached and the report # on the investigation results is [redacted].

A) My client disputed the Dept. of Education incorrect reporting:

3) The Dept. of Education loan was rehabbed and must be reported as paid as agreed with the current balance.

We are  puzzled by the Experian investigation results:

“Please refer to your credit report for update.”

Experian STILL reports the derogatory data and the balance as of 2/07.

What exactly was updated?

This student loan is correctly reported as paid as agreed by Trans Union and we just can’t understand why Experian does not update the balance and remove all derogatory information.

We’ll greatly appreciate an explanation and the name and contact information for the person who verified this OBVIOUSLY incorrectly reported student loan.

B)  Afni collection reporting

My client also disputed the Afni collection:

2) Please delete these disputed collections: AFNI, Kenneth Eisen & Assoc and National Credit Adjuster. AFNI and National Credit failed to provide any documentation for the accounts after my disputes.

1) The 8/24/09 Experian results state that the account was “reviewed” and the Afni reporting states: ” This item was verified and updated on Aug. 2009.”

How does “reviewed” relate to “verified and updated?”   Did Experian actually contact Afni? Who reviewed what?

2) The Experian reporting states: “Account information disputed by consumer. “Meets requirement of the Fair Credit Reporting Act.”

Is this statement the Experian LEGAL ADVICE to consumers? 

Consumers cannot sue for violations of the FCRA because the reporting complies with the FCRA?

Can creditors and collectors report FALSE information with impunity?

This dispute comment is NOT reported to creditors and the account is rated for FICO scores as if there was no dispute — seriously lowering the FICO scores and causing many credit declines and lost opportunities.

3) Why is the Afni account reported as an INSTALLMENT loan?

4) Why is the STATUS DATE 9/08?

5) How does a CREDITOR determine how old the Afni collection is?  

The account is reported as opened in 7/08 and I see no dates indicating a default prior to 7/08.

In fact, the STATUS DATE of 9/08 indicates that the account turned into a collection in 9/08. However, that’s entirely false as the scheduled deletion date (NOT reported to creditors!) of Jan. 2010 indicates that the account became a collection almost seven years ago.

Obviously, a consumer who defaulted a year ago is a much greater credit risk than someone with a  6 year-old collection.

Why does Experian NOT report the date of the default to creditors?

The Experian credit reporting causes foreclosures and homelessness as GOOD people are declined mortgages and housing because their Experian credit report indicates RECENT defaults while the (often bogus) collections are in fact many years old.

Mr. Chang, I posted the relevant screenshots and my opinions about the Experian reporting at [this URL].

Please let me know whether my assessment of the Experian credit reporting and investigation procedures is incorrect as I will submit my published complaint about the systemic problems with Experian credit reporting to the FTC.

Sincerely,

Christine Baker

I will update with the response — if any.

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