Fidelity National Information Services, Inc. (FNIS)

2017-07-11

Tampa, FL

Opening an account

Checking or savings account: Checking account

Unable to open an account
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Timely Response

2017-07-11

Bloomington, MN

Problem with a credit reporting company's investigation into an existing problem

Credit reporting, credit repair services, or other personal consumer reports: Credit reporting

Their investigation did not fix an error on your report
Complaint: I closed a XXXX checking account I had open in 2014. I have had a XXXX XXXX Checking and savings account since I closed out the XXXX account. I closed the account because I had multiple problems with them and what I believe was fraud on their part. They would not deposit checks when they said they would. I was constantly having bounced check fees and could not figure out why. I have been told by XXXX XXXX that I have something on my account from 2014 from XXXX. When I closed my account in 2014 I worked with a manager to get all the fees removed from my account. I do not know why they reported XXXX dollars delinquent to XXXX XXXX. It is causing problems for me to open up an account with a credit union despite having no problems with my XXXX XXXX accounts. XXXX was well known to do things that were borderline illegal. I asked for a review and they did not change anything. What recourse to I have to get this off my report. I do not feel I owe this money.
Company Response: Closed with explanation

Timely Response

2017-07-11

Fresno, CA

Incorrect information on your report

Credit reporting, credit repair services, or other personal consumer reports: Other personal consumer report

Information belongs to someone else
Complaint: I show a " Reported Information '' issue from " XXXX XXXX XXXX Missouri '' on my " CHEXSYSTEMS CONSUMER REPORT ''. However, I have some MAJOR issues with this reported information from XXXX XXXX XXXX and also ChexSystems as # 1 It states I have a license number ( which I have NEVER been issued ) and # 2 shows a license state of " CO '', which is a state I have NEVER stepped foot within, throughout my entire life. So unsure if this is fraudulent possibly or someone attempting to use my info to do some ill mannered action, as there are also some fraud issues with " Inquiries Initiated By Consumer Actions '' ( which I will address in a separate dispute ) Lastly I did have an account at one time with XXXX XXXX XXXX several years ago, BUT CLOSED ACCOUNTS A WHILE BEFORE THEIR " Charge status date ''. Also, when I closed my account ( s ) it was 100 % done so with a {$0.00} amount in any and ALL accounts, and furthermore it had no pending transactions of any sort as well, so nothing could have brought up this issue and the unbeknownst to me oddly reported " {$430.00} '' charge off amount. There was an incident ( unrelated to the best of my knowledge ) which occurred a few months before I closed my account, in which the following factually took place : Myself and my Father XXXX XXXX ( XXXX ) XXXX ( phone ) XXXX XXXX XXXX XXXX XXXX, CA XXXX ( address ) went into the XXXX location located at : XXXXXXXX XXXX XXXX XXXX, CA XXXX to bring in a check which was mailed to me, and showed this as their home bank on the check itself. The check we wanted to make sure was legitimate, as it was from a potential buyer here locally interested in purchasing an item we had advertised online. Therefore we went into this branch location and made known that we wanted to absolutely ensure this check and the person writing it out to me, did so with their own valid account ; which was open, had the funds available, and also was all legitimate. The check itself was for approximately just over {$900.00} dollars. WE DID NOT DEPOSIT IT, NOR ATTEMPT TO CASH IT, ETC ... The bank teller went and got her bank manager per our request and they looked into it. Unfortunately the check mailed and given to me was in fact from an inaccurate and flagged account, and so they thanked us for bringing it in and allowing them to look into this probably fraudulent matter from the online individual which tried to give me the check as payment for my advertised item. The bank manager then asked for my contact info if needed and I gave it to her, she then wrote void on back of that check and then myself and father walked out of their bank. My father whom is retired and has decades of long time outstanding credit, with a credit score of over XXXX for over 20 years can and will attest under oath even to this entire account, which is the ONLY POSSIBLE even slightly remote and unusual banking transaction I have EVER interacted or engaged within, while at or including a XXXX XXXX XXXX. Even then nothing like this would have ended up producing this purported " charge off amount of {$430.00} ''. I would like and please demand that this unknown, and oblivious to me the consumer ( as it was NOT from my doing ) amount immediately be rectified, as again this transaction cites fraudulent and WRONG/INCORRECT DL # and STATE INFO, ( attached is my REAL license which has always been the same for the last at least 10 years ) CITES INACCURATE INFORMATION EVEN FURTHER WITH ALLEGATIONS OF A CHARGE OFF AMOUNT WHEN ACCOUNT WAS CLOSED IN GOOD STANDINGS WITH A XXXX BALANCE IN ALL ACCOUNTS, AND THIS HAS BEEN CAUSING ME MANY ISSUES OPENING OR INQUIRING ABOUT ANY NEW ACCOUNTS ANYWHERE!! Thanks
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Timely Response

2017-07-10

Grosse Ile, MI

Incorrect information on your report

Credit reporting, credit repair services, or other personal consumer reports: Credit reporting

Information belongs to someone else
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Timely Response

2017-07-07

Austin, TX

Incorrect information on your report

Credit reporting, credit repair services, or other personal consumer reports: Credit reporting

Information belongs to someone else
Complaint: I currently have an open complaint against ChexSystems. It appears that ChexSystems attempts to circumvent the law and/or just shows complete disregard for what a consumer facing identity theft attempts to explain to them. Chexystems responded to one of the complaints about the fraudulent address on my ChexSystems file telling me that they will refuse to remove the address because I used the address to order a ChexSystem report. The is incorrect. If ChexSystems sent a report to that address than ChexSystems has contributed to the identity theft and helped someone commit a criminal act. I did not order my ChexSystem report rather I was told by a financial institution that I was disputing information with that I should contact ChexSystems because chances are fraudulent information was being reported by them. I am thankful this is all in writing and being recorded through a government agency because now ChexSystems has admitted being complicit in online fraud.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Timely Response

2017-07-07

Taft, OH

Incorrect information on your report

Credit reporting, credit repair services, or other personal consumer reports: Credit reporting

Account information incorrect
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Timely Response

2017-07-07

Coconut Creek, FL

Improper use of your report

Credit reporting, credit repair services, or other personal consumer reports: Credit reporting

Reporting company used your report improperly
Complaint: UNENFORABLE CONTRACTS : CHEXSYSTEMS FAILS TO PROVE CONTRACT,!!!!!!!!!!!!!!!!!!!!!!!!!!!! Lack of Capacity It 's expected that both ( or all ) parties to a contract have the ability to understand exactly what it is they are agreeing to. If it appears that one side did not have this reasoning capacity, the contract may be held unenforceable against that person. The issue of capacity to contract usually comes up when one side of the agreement is too young or does not have the mental wherewithal to completely understand the agreement and its implications. The general idea here is to prevent an unscrupulous person from taking advantage of someone who lacks the ability to make a reasoned decision. To learn more, check out XXXX 's articleWho Lacks the Capacity to Contract? Duress Duress, or coercion, will invalidate a contract when someone was threatened into making the agreement. In an often cited case involving duress, a shipper ( Company A ) agreed to transport a certain amount of Company B 's materials, which would be used in a major development project. After Company B 's project was underway and Company A 's ship was en route with the materials, Company A refused to complete the trip unless Company B agreed to pay a higher price. Company B was forced to pay the jacked-up rate because there was no other way to get the material, and not completing the job would lead to unsustainable losses. The court ultimately found that this agreement to raise the price was not enforceable, because it came about through duress. Another common example of duress is blackmail. Undue Influence If Person B forced Person A to enter into an agreement by taking advantage of a special or particularly persuasive relationship that Person B had with Person A, the resulting contract might be found unenforceable on grounds of undue influence. In general, to prove undue influence, Person A would have to show that Person B used excessive pressure against Person A during the bargaining process, and that for whatever reason Person A was overly susceptible to the pressure tactics -- or that Person B exploited a confidential relationship to exert pressure on Person A. Misrepresentation If fraud or misrepresentation occurred during the negotiation process, any resulting contract will probably be held unenforceable. The idea here is to encourage honest, good faith bargaining and transactions. Misrepresentations commonly occur when a party says something false ( telling a potential buyer that a house is termite-free when it is not ) or, in some other way, conceals or misrepresents a state of affairs ( concealing evidence of structural damage in a house 's foundation with paint or a particular placement of furniture ). Nondisclosure Nondisclosure is essentially misrepresentation through silence -- when someone neglects to disclose an important fact about the deal. Courts look at various issues to decide whether a party had a duty to disclose the information, but courts will also consider whether the other party could or should have easily been able to access the same information. It should be noted that parties have a duty to disclose only material facts. But if Party A specifically asks Party B about a fact ( material or non-material ), then Party B has a duty to disclose the truth. When contract disputes involve fraudulent dealings like misrepresentation or nondisclosure, and one side of the agreement has already suffered financial losses as a result, a lawsuit for breach of contract might be filed over the matter. Learn more in XXXX 's articleBreach of Contract : Material Breach. Unconscionability Unconscionability means that a term in the contract or something inherent in or about the agreement was so shockingly unfair that the contract simply can not be allowed to stand as is. The idea here again is to ensure fairness, so a court will consider : whether one side has grossly unequal bargaining power whether one side had difficulty understanding the terms of the agreement ( due to language or literacy issues, for example ), or whether the terms themselves were unfair ( like sky-high arbitration costs ; read more in XXXX 's articleArbitration Clauses in Contracts ). If a court does find a contract unconscionable, it has options other than just voiding the agreement altogether. It may instead choose to enforce the conscionable parts of the contract and rewrite the unconscionable term or clause, for example. <P/> Public Policy Contracts can be found unenforceable on grounds of public policy not only to protect one of the parties involved, but also because what the contract represents could pose harm to society as a whole. For example, a court will never enforce a contract promoting something already against state or federal law ( you can never enforce a contract for an illegal XXXX sale ) or an agreement that offends the " public sensibilities '' ( contracts involving some sort of sexual immorality, for example ). Other examples of contracts ( or contracts clauses ) that are against public policy and therefore unenforceable include : an employer forcing an employee to sign a contract that forbids workers from joining a union an employer forcing an employee to sign a contract forbidding medical leave a landlord forcing a tenant to sign a contract forbidding medically necessary companion animals such as seeing eye dogs, and contracts for child custody are invalid in California if their terms are not in line with the child 's best interest. Mistake Sometimes a contract is unenforceable not because of purposeful bad faith by one party, but due to a mistake on the part of one party ( called a " unilateral mistake '' ) or both parties ( called a " mutual mistake '' ). In either case, the mistake must have been about something important related to the contract, and it must have had a material ( significant ) effect on the exchange or bargaining process. Impossibility In some cases, a contract is deemed unenforceable because it would be impossible or impracticable to carry out its terms -- too difficult or too expensive, for example. To claim impossibility, you would need to show that : you ca n't complete performance under the contract because of some unexpected event that 's not your fault the contract did n't make the risk of the unexpected event something you needed to shoulder, and performing the contract will be much more difficult or expensive now. For example, if Company A contracts to sell 20 barrels of its flour to Company B and a natural disaster wipes out Company A 's entire stock of flour before the sale can be completed, Company A might be able to have the contract ruled unenforceable on grounds of impossibility. For more information on contracts, read XXXX 's new bookContracts : The Essential Business Desk Reference, by attorney XXXX XXXX ( XXXX )
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Timely Response

2017-07-07

Denver, CO

Incorrect information on your report

Credit reporting, credit repair services, or other personal consumer reports: Credit reporting

Public record information inaccurate
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Timely Response

2017-07-06

Fort Worth, TX

Opening an account

Checking or savings account: Checking account

Unable to open an account
Complaint: CHEX SYSTEMS IS STATING THAT XXXX XXXX XXXX SUBMITTED A NEGATIVE COMMENT ON MY CONSUMER REPORT ON XXXX/XXXX/XXXX. HOWEVER XXXX XXXX XXXX WAS NAMED AS A DEBT IN MY CHAPTER XXXX & CHAPTER XXXX FILING XXXX. THIS DEBT OCCURRED EARLY XXXX & XXXX AND THE NEGATIVE FILING WAS NOT FILED UNTIL XXXX AND SHOULD BE REMOVED BECAUSE I WAS PROTECTED UNDER THE BANKRUPTCY DURING THE TIME THE DEBT OCCURRED. JUST BECAUSE XXXX XXXX XXXX FILED THIS NEGATIVE INFORMATION AFTER THE DATE OF THE BANKRUPTY DOES NO HOLD ME AS THE CONSUMER LIABLE DUE TO THEIR DELAYS IN REPORTING TO CHEX SYSTEMS.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Timely Response

2017-07-05

Fort Worth, TX

Opening an account

Checking or savings account: Checking account

Unable to open an account
Complaint: My account balance with XXXX XXXX was discharged in a Chapter XXXX Case # XXXX filed XX/XX/XXXX an d converted to a Chapter XXXX XXXX filed XX/XX/XXXX . To date Chex Systems has continued to report my account negative. I was granted relief from this debt and I want the account removed from Chex Systems immediately.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Timely Response

2017-07-05

Fort Worth, TX

Closing an account

Checking or savings account: Checking account

Can't close your account
Complaint: My account balance with XXXX was discharged in a Chapter XXXX Case # XXXX filed XX/XX/XXXX and converted to a Chapter XXXX XXXX filed XX/XX/XXXX . To date Chex Systems has continued to report my account negative. I was granted relief from this debt and I want the account removed from Chex Systems immediately.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Timely Response

2017-07-05

Fort Worth, TX

Opening an account

Checking or savings account: Checking account

Unable to open an account
Complaint: My account balance with XXXX XXXX XXXX was discharged in a Chapter XXXX Case # XXXX filed XX/XX/XXXX and converted to a Chapter XXXX XXXX filed XX/XX/XXXX . To date Chex Systems has continued to report my account negative. I was granted relief from this debt and I want the account removed from Chex Systems immediately.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Timely Response

2017-07-05

Fort Worth, TX

Opening an account

Checking or savings account: Checking account

Unable to open an account
Complaint: My account balance with XXXX XXXX was discharged in a Chapter XXXX Case # XXXX filed XX/XX/XXXX a nd converted to a Chapter XXXX XXXX file d XX/XX/XXXX . T o date Chex Systems has continued to report my account negative. I was granted relief from this debt and I want the account removed from Chex Systems immediately.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Timely Response

2017-07-05

Fort Worth, TX

Opening an account

Checking or savings account: Checking account

Unable to open an account
Complaint: My account with XXXX XXXX balance wa s discharged in a Chapter XXXX Case # XXXX filed XX/XX/XXXX a nd converted to a Chapter XXXX XXXX filed XX/XX/XXXX . T o date XXXX Chex Systems has continued to report my account negative. I was granted relief from this debt and I want the account removed from Chex Systems immediately.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Timely Response

2017-07-03

Coconut Creek, FL

False statements or representation

Debt collection: I do not know

Attempted to collect wrong amount
Complaint: I am well aware of the court case as Chexsystems attorney attempted to re-present " XXXX XXXX '' as " XXXX XXXX '' > legal fiction XXXX entity to the court, i am not XXXX, i am alive, there has been a gross fraud and i can prove it, since there is no statute of limitations on fraud I will take further action for damages and it will be a non judicial administrative process known as a commercial lien, in this manner chexsystem 's attorney CAN NOT AND WILL NOT use my name as a XXXX entity known as XXXX and/or XXXX, chexsystems has not answered one question, I DONT GIVE A XXXX ABOUT WHO YOU ARE AND WHAT YOUR RULES ARE, IT DOESNT APPLY TO ME AND YOU HAVE NOT SHOWN A VALID CONTRACT WITH PROOF OF MY OBLIGATION TO PERFORM!!! TAKE YOUR RULES AND SHOVE IT UP YOUR XXXX XXXX!!!! I DIDNT SIGN IT, I WILL CATCH UP WITH YOU XXXX XXXX SOON ENOUGH WITH A COMMERCIAL LIEN AND YOUR LAWYER CAND DO A XXXX XXXX THING ABOUT IT,!!!! <P/><P/>Be advised this is not a refusal to pay, but a notice that your claim is disputed and validation is requested. Under the Fair Debt collection Practices Act ( FDCPA ), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the living party you are asking to pay this debt, and there is PROOF of contractual obligation proving my obligations to perform or comply, that is binding on me to pay this debt. This is NOT a request for verification or proof of my mailing address, but a request ( demand ) for VALIDATION made pursuant to 15 USC 1692g Sec. 809 ( b ) of the FDCPA. I respectfully request that your offices provide me with competent tangible evidence that I have any legal/lawful obligation to pay you > or company. At this time I will also inform you that if your offices have or continue to report invalidated information to any of the three major credit bureaus ( XXXX XXXX XXXX XXXX ), this action might constitute fraud under both federal and state laws. 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 and your client for the following : Violation of the Fair Debt Collection Practices Act and Defamation of Character, & information breach, using fictitious names, reporting false information, punative, and what ever codes and laws that are applicable!. 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. If your offices are able to provide the proper documentation as requested in the following declaration, I will require 30 days to investigate this information and during such time all collection activity must cease and desist. Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, ( which it already has ). I will consult with legal counsel for suit. This includes any listing of any information to a credit-reporting repository that could be inaccurate or invalidated. If your offices fail to respond with clarity to this validation request within 30 days from the date of your receipt, 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. This also includes not contracting with other credit reporting companies or debt collectors using means of extortion in attempt to collect something that was never due. There is also the matter of information breach which CHEXSYSTEMS puts me at risk currently, It would be advisable that you and your client assure that your records are in order before I am forced to take legal action. CREDITOR/DEBT COLLECTOR DECLARATION Please provide the following : Agreement with your client that grants you the authority to collect on this alleged debt. Agreement that bears the signature of the alleged debtor wherein he/she agreed to pay the creditor. Any insurance claims been made by any creditor regarding this account. Any Judgments obtained by any creditor regarding this account. Name and address of alleged creditor. Name on file of alleged debtor. Alleged account number. Address on file for alleged debtor. Amount of alleged debt. Date this alleged debt became payable. Date of original charge off or delinquency. Verification that this deb was assigned or sold to collector. Complete accounting of alleged debt. purchase price for information from alleged creditor*, Commission for debt collector if collection efforts are successful. Please provide the name and address of the bonding agent for COLLECTION AGENCY in case legal action becomes necessary. Your claim can not and WILL NOT be considered if any portion of the above is not completed and returned with copies of all requested documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Memorandum in support A misrepresentation is an assertion that is not in accord with the truth. When a person enters a contract because of his justifiable reliance on a misrepresentation about some important fact, the contract is voidable. Misrepresentations can be either : 1. innocent ( not intentionally deceptive ) or 2. fraudulent ( made with the knowledge of falsity and intent to deceive ). Contracts induced by misrepresentation or fraud are generally considered voidable. This means that the person whose consent was not real has the power to rescind ( cancel ) the contract. The elements of misrepresentation and fraud are as follows - notice the similarities. ( authors addition ) Innocent misrepresentation Fraud 1. Untrue assertion of fact ( or equivalent ) 2. Assertion relates to material fact 3. Actual reliance 4. Justifiable reliance 1. Untrue assertion of fact ( or equivalent ) 2. Assertion made with knowledge of falsity and intent to deceive 3. Actual reliance 4. Justifiable reliance 5. Economic loss ( in a tort action for damages PARTS OF A LAWFUL CONTRACT 1. Parties competent to contract The parties to a contract should be competent, being of the age of consent, of sound mind, not disqualified from contracting by any law to which s/he is subject. A flaw in capacity may be due to minority, lunacy, idiocy, drunkenness or kind. The parties should be of like kind, being either artificial Legal Entity and artificial Legal Entity, or living Man/Woman and living Man/Woman, allowing more than two parties but never a mixture of these kinds. 2. Free and genuine consent The consent of the parties to the agreement must be free and genuine. The consent of the parties should not be obtained by misrepresentation, fraud, undue influence, coercion or mistake. If the consent is obtained by any of these means, then the contract is not valid or lawfully enforceable. 3. Full disclosure When negotiating a contract, full disclosure is the act of providing all material information, or telling the whole truth, about any matter which may influence the decision-making of the other party or parties before they decide to enter into a contract. 4. Sufficient consideration The consideration is something of value possessed by the parties that is brought to the contract table. This something of value is bargained for and given in exchange for a promise or a performance. The parties must each receive a benefit and each suffer a detriment. To be enforceable, a contract must have sufficient consideration. A contract is unenforceable if it has insufficient or unequal consideration without agreement. 5. Certainty of terms The Terms and Conditions of the contract must be fully disclosed and agreed upon, and must be certain and fixed, i.e. not variable as with interest rates. 6. Meeting of the minds A meeting of the minds consensus ad idem, occurs between the parties when they recognise each other, understand their mutual obligations, and agree. This meeting of minds can only occur between like kinds, being Legal Entity with Legal Entity, or Man/Woman with Man/Woman. A corporation and another corporation may enter into contract by way of accommodation parties, and a sentient being and another sentient being may enter into a contract directly, but a corporation and a sentient being together can not enter into a contract as they are notof the same and equal kind. 7. Signatures or autographs Written contracts between Legal Entity actors must carry the wet ink signatures of the parties, each wet ink signature being anaccommodation from a Man/Woman. Written contracts between living Men/Women must carry the wet ink autographs of the parties, and/or living identification such as a thumbprint. Living standing is recognised by a thumbprint, or more often by an unambiguous declaration with the autograph, such as authorised agent written below. 8. Privity of contract A contract exists only between the parties. No third-party can obtain rights contained within a contract, or buy or sell a contract, without the express permission of the original parties. Best Regards XXXX XXXX. cc : Federal Trade Commission. THIS IS A LETTER COMMUNICATION FROM LEGAL COUNSEL ON BEHALF OF XXXX XXXX
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Timely Response

2017-07-03

Austin, TX

Incorrect information on your report

Credit reporting, credit repair services, or other personal consumer reports: Credit reporting

Information belongs to someone else
Complaint: I am a victim of identity theft. I became aware that several credit and checking accounts were opened in my name without my approval, consent or knowledge. From 2016 until present I have not applied for or opened any new checking or savings accounts whatsover with any bank. I bank with XXXX XXXX XXXX which I opened in person in New York. Every other bank account and inquiry on my ChexSystems and XXXX XXXX XXXX report is a result of fraud. I did not even live at the addresses that were given to ChexSystems or XXXX XXXX XXXX. I am attaching a copy of my photo ID, birth certificate and my current lease showing where I actually lived during this time of identity theft. The only account that is actually mine is with XXXX XXXX XXXX
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Timely Response

2017-06-30

Auburn, AL

Communication tactics

Debt collection: I do not know

Frequent or repeated calls
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Timely Response

2017-06-29

Gr, MI

Incorrect information on your report

Credit reporting, credit repair services, or other personal consumer reports: Credit reporting

Information belongs to someone else
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Timely Response

2017-06-28

Hinsdale, IL

Problem with a credit reporting company's investigation into an existing problem

Credit reporting, credit repair services, or other personal consumer reports: Credit reporting

Problem with personal statement of dispute
Complaint: XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, IL XXXX RE : Chex Systems Account # XXXX I Disputed the " WAY '' that Chex Systems Reported my " DESCRIPTION OF ACTIVITY '' Chex Systems Have Reported : XXXX XXXX : NSF ACTIVITY [ when I Never Ordered Checks ] This Should have Been Reported as " Overdraft/Bank Fees '' from XXXX XXXX Auto Debit Membership Dues, What is upsetting, when funds are NOT yet Avail, the Bank should ONLY Allow them to Attempt TWICE and NOT Multiple of times, [ stacking up their Bank Fees Against you ] when you have 'Other ' monthly responsibilities, it completely takes you OUT OF BUDGET. XXXX LET XXXX XXXX RETURN 4 TIMES, THAT 'S UNFAIR. Then they Stated " NSF '' When They where the ones that witness that funds was Not yet Avail. NSF was Inaccurate, Because this was Over draft Protection fees that was Late, and Gotten Other Bank Fees Stacked on TOP. They Are Making it LOOK Like I written Fraudulent Checks and I NEVER Ordered Checks from them I ONLY Use my Debit Card. [ this was the ONLY Negative Activity Ever Reported. <P/>XXXX XXXX XXXX : ABUSE [ when I Never Ordered Checks ] This Should have Been Reported as " Overdraft/Bank Fees '' Stating NSF was Inaccurate, Because this was through a Credit Card Payment that was Late with Over draft Protection that was Late, and Gotten Other Bank Fees Stacked on TOP. They Are Making it LOOK Like I written Fraudulent Checks and I NEVER Ordered Checks from them I ONLY Use my Debit Card. This was the ONLY Negative Activity Ever Reported by them. <P/>XXXX XXXX XXXX NSF ACTIVITY [ when I Never Ordered Checks ] This Should have Been Reported as " Overdraft/Bank Fees '' Stating NSF was Inaccurate, Because the was a Over draft Protection that was Late, and Gotten Other Bank Fees Stacked on TOP. They Are Making it LOOK Like I written Fraudulent Checks and I NEVER Ordered Checks from them I ONLY Use my Debit Card. <P/>XXXX XXXX NSF ACTIVITY [ when I Never Ordered Checks ] This Should have Been Reported as " Overdraft/Bank Fees '' From Unauthorized XXXX XXXX XXXX Auto Debits coming in Multiple of Times, When I DO NOT Have the Funds Avail, the Bank Should NOT Allow them to Return Over TWO Times trying to Collect the Funds, I Gotten Up Set and Pulled OUT the Bank, For Allowing them to Return Multiple of times when they can SEE there was NOT funds Avail Yet, but they CONTINUE to Raise their Bill Against You, and Call it NSF when YOU did NOT Authorize it. Chex System 's Reporting of " NSF '' was InAccurate, Because the was a Over draft Protection that was Late, and Gotten Other Bank Fees Stacked on TOP. They Are Making it LOOK Like I written Fraudulent Checks and I NEVER Ordered Checks from them I ONLY Use my Debit Card. This was the ONLY Negative Activity Ever Reported by them. <P/>XXXX XXXX THEY REPORTED OVERDRAFT FEES AND I PAID IT.- THAT IS TRUE. <P/>The Problem that I am Seeing Here with these Banks, is they are Making MONEY on you NOT as a Customer, But as a Future DEBTOR, Meaning, Even Though you are NOT Physically Writing Checks, they are Crediting a Negative interest to " DRAW FUNDS FROM THEIR 'FUTURE DEBTORS ' and Use the Extra Interest for their Accounts Receivables ... .or you will NEVER Open Another Account. '' So I Am Asking you to Please Make Changes here, if they Do NOT have a Physical Check that was Written with Copies FRONT and BACK than they Should Report it as Over Draft/Bank Fees, and NOT Destroy your Image as a Check Writing Schemer. <P/>I Simply would LEAVE these banks if I See this Type of Behavior, but I NEVER Thought that they would BE Deceptive, and Present it as NSF CHECK WRITING FRAUD. <P/>Please Assist.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Timely Response

2017-06-28

Black Jack, MO

Improper use of your report

Credit reporting, credit repair services, or other personal consumer reports: Credit reporting

Credit inquiries on your report that you don't recognize
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Timely Response

2017-06-27

Calwa, CA

Incorrect information on your report

Credit reporting, credit repair services, or other personal consumer reports: Credit reporting

Information belongs to someone else
Company Response: Closed with explanation

Timely Response

2017-06-26

Joliet, IL

Incorrect information on your report

Credit reporting, credit repair services, or other personal consumer reports: Credit reporting

Account status incorrect
Complaint: Recently, I received a notice from Certegy that XXXX was reporting negative information to them on my behalf. XXXX is a creditor listed in my Chapter XXXX Bankruptcy which was filed on XXXX XXXX, 2017. The bankruptcy was discharged on XXXX XXXX, 2017.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Timely Response

2017-06-26

Coconut Creek, FL

Improper use of your report

Credit reporting, credit repair services, or other personal consumer reports: Credit reporting

Reporting company used your report improperly
Complaint: Be advised this is not a refusal to pay, but a notice that your claim is disputed and validation is requested. Under the Fair Debt collection Practices Act ( FDCPA ), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the living party you are asking to pay this debt, and there is PROOF of contractual obligation proving my obligations to perform or comply, that is binding on me to pay this debt. This is NOT a request for verification or proof of my mailing address, but a request ( demand ) for VALIDATION made pursuant to 15 USC 1692g Sec. 809 ( b ) of the FDCPA. I respectfully request that your offices provide me with competent tangible evidence that I have any legal/lawful obligation to pay you > or company. At this time I will also inform you that if your offices have or continue to report invalidated information to any of the XXXX major credit bureaus ( XXXX , XXXX , XXXX XXXX ), this action might constitute fraud under both federal and state laws. 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 and your client for the following : Violation of the Fair Debt Collection Practices Act and Defamation of Character, & information breach, using fictitious names, reporting false information, punative, and what ever codes and laws that are applicable!. 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. If your offices are able to provide the proper documentation as requested in the following declaration, I will require 30 days to investigate this information and during such time all collection activity must cease and desist. Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, ( which it already has ). I will consult with legal counsel for suit. This includes any listing of any information to a credit-reporting repository that could be inaccurate or invalidated. If your offices fail to respond with clarity to this validation request within 30 days from the date of your receipt, 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. This also includes not contracting with other credit reporting companies or debt collectors using means of extortion in attempt to collect something that was never due. There is also the matter of information breach which XXXX puts me at risk currently, It would be advisable that you and your client assure that your records are in order before I am forced to take legal action. CREDITOR/DEBT COLLECTOR DECLARATION Please provide the following : Agreement with your client that grants you the authority to collect on this alleged debt. Agreement that bears the signature of the alleged debtor wherein he/she agreed to pay the creditor. Any insurance claims been made by any creditor regarding this account. Any Judgments obtained by any creditor regarding this account. Name and address of alleged creditor. Name on file of alleged debtor. Alleged account number. Address on file for alleged debtor. Amount of alleged debt. Date this alleged debt became payable. Date of original charge off or delinquency. Verification that this deb was assigned or sold to collector. Complete accounting of alleged debt. purchase price for information from alleged creditor*, Commission for debt collector if collection efforts are successful. Please provide the name and address of the bonding agent for COLLECTION AGENCY in case legal action becomes necessary. Your claim can not and WILL NOT be considered if any portion of the above is not completed and returned with copies of all requested documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Memorandum in support A misrepresentation is an assertion that is not in accord with the truth. When a person enters a contract because of his justifiable reliance on a misrepresentation about some important fact, the contract is voidable. Misrepresentations can be either : 1. innocent ( not intentionally deceptive ) or 2. fraudulent ( made with the knowledge of falsity and intent to deceive ). Contracts induced by misrepresentation or fraud are generally considered voidable. This means that the person whose consent was not real has the power to rescind ( cancel ) the contract. The elements of misrepresentation and fraud are as follows - notice the similarities. ( authors addition ) Innocent misrepresentation Fraud 1. Untrue assertion of fact ( or equivalent ) 2. Assertion relates to material fact 3. Actual reliance 4. Justifiable reliance 1. Untrue assertion of fact ( or equivalent ) 2. Assertion made with knowledge of falsity and intent to deceive 3. Actual reliance 4. Justifiable reliance 5. Economic loss ( in a tort action for damages PARTS OF A LAWFUL CONTRACT 1. Parties competent to contract The parties to a contract should be competent, being of the age of consent, of sound mind, not disqualified from contracting by any law to which s/he is subject. A flaw in capacity may be due to minority, lunacy, idiocy, drunkenness or kind. The parties should be of like kind, being either artificial Legal Entity and artificial Legal Entity, or living Man/Woman and living Man/Woman, allowing more than two parties but never a mixture of these kinds. 2. Free and genuine consent The consent of the parties to the agreement must be free and genuine. The consent of the parties should not be obtained by misrepresentation, fraud, undue influence, coercion or mistake. If the consent is obtained by any of these means, then the contract is not valid or lawfully enforceable. 3. Full disclosure When negotiating a contract, full disclosure is the act of providing all material information, or telling the whole truth, about any matter which may influence the decision-making of the other party or parties before they decide to enter into a contract. 4. Sufficient consideration The consideration is something of value possessed by the parties that is brought to the contract table. This something of value is bargained for and given in exchange for a promise or a performance. The parties must each receive a benefit and each suffer a detriment. To be enforceable, a contract must have sufficient consideration. A contract is unenforceable if it has insufficient or unequal consideration without agreement. 5. Certainty of terms The Terms and Conditions of the contract must be fully disclosed and agreed upon, and must be certain and fixed, i.e. not variable as with interest rates. 6. Meeting of the minds A meeting of the minds consensus ad idem, occurs between the parties when they recognise each other, understand their mutual obligations, and agree. This meeting of minds can only occur between like kinds, being Legal Entity with Legal Entity, or Man/Woman with Man/Woman. A corporation and another corporation may enter into contract by way of accommodation parties, and a sentient being and another sentient being may enter into a contract directly, but a corporation and a sentient being together can not enter into a contract as they are notof the same and equal kind. 7. Signatures or autographs Written contracts between Legal Entity actors must carry the wet ink signatures of the parties, each wet ink signature being anaccommodation from a Man/Woman. Written contracts between living Men/Women must carry the wet ink autographs of the parties, and/or living identification such as a thumbprint. Living standing is recognised by a thumbprint, or more often by an unambiguous declaration with the autograph, such as authorised agent written below. 8. Privity of contract A contract exists only between the parties. No third-party can obtain rights contained within a contract, or buy or sell a contract, without the express permission of the original parties. Best Regards XXXX XXXX . cc : Federal Trade Commission. THIS IS A LETTER COMMUNICATION FROM LEGAL COUNSEL ON BEHALF OF XXXX XXXX
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Timely Response

2017-06-26

Loretto, MN

Incorrect information on your report

Credit reporting, credit repair services, or other personal consumer reports: Credit reporting

Information belongs to someone else
Complaint: I am a victim of identity theft. Someone stole my personal information and opened a fraudulent and unauthorized checking account wi th XXXX XXXX XXXX , XXXX XXXX XXXX and XXXX XXXX . The checking accounts are listed on Chex Systems consumer report and are fraudulent, unauthorized, and do n't belong to me.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Timely Response

2017-06-23

Bloomington, MN

False statements or representation

Debt collection: Other debt

Indicated you were committing crime by not paying debt
Complaint: 2007 chex systems unknown amount saying that they were police officers coming to arrest me if I did n't pay for insufficient funds check
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Timely Response