topic Re: Getting screwed in Rebuilding Your Credit

Getting screwed

jarablue — Wed, 25 May 2022 22:59:28 GMT

I had a credit card, well two credit cards vervant and milestone. And I'm trying to get the 2016 and 2017 entries that are derogatory removed. After all the work that I have done they eventually contacted me this morning stating oh by the way we actually reported your status wrong to the credit reporting agencies and we're going to be updating that today. Currently it was shown is closed and they noticed that and they're going to now change it to charge off. And the debt collector they sent the debt to does not have the debt. So basically I did all of this work for them to call me and say oh we're sorry we incorrectly was reporting your debt to the credit reporting agencies and now since you contacted us in good faith to pay off your debt we're going to hurt you even more by correctly reporting your debt in a more negative manner. I am not sure what to do oh, I am trying my best to fix my credit and after all is said and done they are now changing the report status to something even more hurtful than before. Basically Genesis card systems is now changing it from closed zero balance to charge off with the current balance. But yet they don't own that debt and they told me that that belongs to Windy City Capital Management and the number that they give me goes directly to Plaza Associates who tells me I don't they do not own the debt. What can I do here? The original debtor is now updating the status to something more hurtful but yet they don't own the debt? And they're going to refresh this entry currently on my credit report so it stays for another seven years? ***Mod Cut - Not here*** Consumers in this country who are trying to repair their financial damage are getting screwed.

Re: Getting screwed

jarablue — Wed, 25 May 2022 23:01:00 GMT

Is this legal that they can do this? I should not even have attempted to try and fix my credit if they were going to refresh the score to the current date with a new status of charge off. ***Mod Cut - Not here*** Instead of the Charges dropping off from 2016 and 17, now the entry is going to be refreshed at 2022 with a new status of charge off instead of closed. Is this is how the credit industry and Corporate America help people that want to fix their Financial Health? All I'm trying to do is pay off the debt and what Genesis card systems people are doing is refreshing it with the new status starting at 2022. What can I do here? ***Mod Cut - Not here*** It's unbelievable. When all I'm trying to do is pay my debt in full. The funny thing is they're refreshing their status to what their original debt closed at but are giving me false information as to who owns the debt, how I could pay it off or where it even exists? The debt collectors that they gave me, does not own the debt. Which is Windy City Capital Management / Plaza Associates. So basically I started this whole journey to get these two entries removed and all that happened was they realized they need to update their entry to a even worse status than what was being reported currently and then they're telling me Oh we sold your debt to Windy City Capital Management / Plaza Associates when I reach out to them they have no clue about that debt. So am I in limbo here what am I supposed to do?

Re: Getting screwed

jarablue — Wed, 25 May 2022 17:01:53 GMT

Thanks for the help!

Re: Getting screwed

OmarGB9 — Wed, 25 May 2022 22:51:15 GMT

No it wouldn't restart the 7 year clock. It'll still fall off 7 year from original DOFD. And yes it's legal for them to update and report correctly. It's unfortunate that they had been reporting incorrectly all this time, and while it was benefitting you, it was still incorrect. It's also unfortunate that you inadvertently brought that fact to their attention by trying to pay off your debt. I applaud you for trying to do so, but unfortunately there isn't much to be done here other than pay and put it behind you. At least it won't keep updating after it's paid, and your score will eventually recover somewhat.

Re: Getting screwed

pizzadude — Wed, 25 May 2022 23:02:40 GMT

Hi @jarablue , I've edited your posts above for language. Going forward please keep it "G" rated here at MyFICO.

Re: Getting screwed

jarablue — Wed, 25 May 2022 23:08:42 GMT

Sorry for the language, thanks for the help. So basically I shot myself in the foot by trying to be a good person and pay them the money I owe them. Now the messed up part is I have no clue who owns the debt. Because the debt collector that they said they sent it to doesn't own the debt. I can totally see how trying to repair your credit can shoot you in the foot. I think this will be a lesson learned. I didn't know by trying to pay someone money I owe them it would turn a backfire on me. Oh well that's the financial burden We Carry in the world today.

Re: Getting screwed

jarablue — Wed, 25 May 2022 23:16:52 GMT

Well the thing is I would like to pay my debts for my emotional benefit knowing that I'm clean and a Brennan always pays his debts even though I never starred in the show Game of Thrones. Is there anyway I could find out who owns the debt? Because Genesis card systems is telling me Windy City Capital Management owns the debt but yet when I call them they tell me we don't own the debt.

Re: Getting screwed

Ceewin — Fri, 27 May 2022 10:31:34 GMT

@jarablue wrote:
Well the thing is I would like to pay my debts for my emotional benefit knowing that I'm clean and a Brennan always pays his debts even though I never starred in the show Game of Thrones. Is there anyway I could find out who owns the debt? Because Genesis card systems is telling me Windy City Capital Management owns the debt but yet when I call them they tell me we don't own the debt.

Hi! WOW your situation truly is unfortunate. Based on what I've read, all credit reports contain names and addresses of the CA who adds info to your report. I think it's time to callback and either (1) ask to speak to a Supervisor -OR- (2)send a letter ( via CMRR-Certified Mail Return Receipt) requesting that information to the CA's name and address listed. It might be good to include that you're in a position to pay. Be sure to include a copy of your credit report (just the section that applies to this situation-Not the entire report).

Those are two options I would try. Hopefully, this will get you somewhere and not in circles again. If you choose to send a letter, don't be surprised if you get a return letter stating the same as what was told to you over the phone or no response at all...but it couldn't hurt to try....especially since you're only trying to find out whom to pay.

Re: Getting screwed

FireMedic1 — Fri, 27 May 2022 09:45:11 GMT

The old poke the bear thing. Its great you wanted to pay your debts. You werent s____. Victum of the oops update. This is why we say dont dispute accurate things. Comes back verified and ouch. Stay calm. You could dispute the CA. If they dont own it or no longer have collection authority. They have to delete it. Then you'll know that the OC still owns the debt and go from there.

Re: Getting screwed

jarablue — Sat, 04 Jun 2022 00:44:27 GMT

Can they be held accountable for reporting the incorrect status for 5 plus years? I heard I can sue them for not correctly reporting my status. It's unreal that I reached out to them, wanting to pay them and they basically said, no, but thanks and by the way you made us realized that we were incorrectly reporting your status, now we are going to hurt you more.

I checked my credit reports. And yes, now there is a collection/charge off entry starting from last month.

So your telling me they can legally incorrecty report something for years? And then, reset the clock and fix their mistake, starting fresh? **bleep**?????!!!

Well well well. I am actually protected from this under the fair credit reporting act. I am contacting my lawyer and resolving this. When honest people get screwed by dishonest people.....no.

Re: Getting screwed

tnhomestead — Sat, 04 Jun 2022 03:15:03 GMT

So how are they being dishonest? You have a debt that you owe, and they reported this incorrectly ( which was in your favor ) and now they corrected it. Will you sue for them reporting it incorrectly in your favor for years?

Not being a jerk, just pointing out the inconsistencies in your argument.

As far as the debt goes, is it possible that it has been sold again to another collector? I would pull my credit report and double check who supposedly has it. Good luck it sounds like a mess.

Re: Getting screwed

Cowboys4Life — Sat, 04 Jun 2022 03:29:13 GMT

@jarablue wrote:
Can they be held accountable for reporting the incorrect status for 5 plus years? I heard I can sue them for not correctly reporting my status. It's unreal that I reached out to them, wanting to pay them and they basically said, no, but thanks and by the way you made us realized that we were incorrectly reporting your status, now we are going to hurt you more.

I checked my credit reports. And yes, now there is a collection/charge off entry starting from last month.

So your telling me they can legally incorrecty report something for years? And then, reset the clock and fix their mistake, starting fresh? **bleep**?????!!!

Well well well. I am actually protected from this under the fair credit reporting act. I am contacting my lawyer and resolving this. When honest people get screwed by dishonest people.....no.

Not exactly. To sue under the FCRA you have to prove that you have suffered some harm as a result. The reality is that under the FCRA all they are required to do is fix inaccurate reporting and they did. Your choosing to live with it for 5 years or not even knowing about it doesn't rise to the level of dishonesty. You made a classic mistake in disputing a valid debt (even if reported incorrectly) and when corrected got snared. You grabbed a tiger by the tail and got bit. Suck it up, learn from it and move on like most of us had to do when we made the same mistake.

Re: Getting screwed

jarablue — Sat, 04 Jun 2022 04:06:28 GMT

They reported it incorrectly for 5 years. Then they updated it with a new status as a new account? I used the wrong words, dishonest is not what I really meant. I meant illegal. 5 years they reported it wrong and yes, that is illegal. Yes so I am taking harm. It was incorrectly reported for five years, which is illegal, and then they updated it with a new status as if it's a new account? So yeah I did take harm! my credit is taking harm and I'm taking Financial harm. It's pretty cut and dry. It's against the law what they did for 5 years, and then what they did was refreshing it as new account to the current month of this year. I've already talked to a law firm about this and I'm in the clear. Thank you for the help I appreciate it I know what to do. You're not allowed to age my account for 5 years incorrectly, and then after the fifth year you update as a collection account refreshing the seven-year cycle all over again? Sorry doesn't work like that. It was dishonest because the status was incorrect and not correct. So that's their mistake and that's illegal. Also if they had they reported it correctly I would have had a collection account on my credit reports for 5 years and all that would have been left with two years. Not five years incorrectly and then a new collection account starting a seven-year cycle. You can't ding someone twice for the sameaccount because you made a mistake in your crappy sloppy job of reporting it wrong. That's what my credit reports currently say and the law firm that I'm working with agrees with me. It's all good there's been really bad advice given on this forum before and I could probably literally come back with a judgement in my favor and people in this forum would still disagree with me. The one thing I've learned in my 47 years of life is that everyone except you on the internet is correct. Take care have a good life everybody is awesome!

Re: Getting screwed

jarablue — Sat, 04 Jun 2022 04:11:38 GMT

Not dishonest, illegal. What they did for five years was incorrect reporting and that oh, quite simply is illegal. Also I am suffering harm, harm to my credit impacting my future home purchases and my Financial Health. Also I have contacted them about who now owns the debt and also the debt collectors are in my credit reports. When I contacted both debt collectors they have no idea about the debt because they don't have it. So oh, I'm just going to let the law firm and lawyer that I contacted handle it. I'd rather pay a little bit of money and come out ahead when it's concerns my credit health. If they reported it incorrectly in my favor, I would never know to challenge it. And why would I?

Re: Getting screwed

Miikawaadizi — Sat, 04 Jun 2022 07:27:45 GMT

@jarablue wrote:
They reported it incorrectly for 5 years. Then they updated it with a new status as a new account? I used the wrong words, dishonest is not what I really meant. I meant illegal. 5 years they reported it wrong and yes, that is illegal. If, once found by you, that they were reporting to the CB incorrectly AND they then didn't update it to reflect the correct account info(after contacting them to let them know), then that would be covered under FCRA. It's not covered under FCRA if they fix their mistake that hasn't caused you harm. The only thing that caused harm was when the collection started reporting correctly and that was caused by you, not the actual collection agencies maliciously reporting false info(the collection was not false info). Yes so I am taking harm. It was incorrectly reported for five years, which is illegal, and then they updated it with a new status as if it's a new account? Just because it a new account is reporting 5yrs into the 7yr reporting period for negative accounts doesn't mean it will stay on there for a full 7(7.5yrs) years. The "new" collection account can only stay on your report 7-7.5 years from the date of first delinquency (DOFD). For example: I have a credit card account that went into default after not paying it one month and it was then was charged off at 180days late. 2 months later it was picked up by the collection agency. Let's say DOFD was March 2015, 180 day charge off was September 2015 and November it was picked up by the collection agency and the original creditor disappeared off my account when the collection agency started reporting November 2015. This doesn't mean the collection will stay on my reports for 7.5 more years starting November 2015. No, what happens is it falls off my report at 7.5yrs from the DOFD which was March of 2015. So it will fall off approximately September 2022 and not May of 2023 which is 7.5yrs after it started being reported as a "new" account by the collection agency. So yeah I did take harm! my credit is taking harm and I'm taking Financial harm. It's pretty cut and dry. It's against the law what they did for 5 years, and then what they did was refreshing it as new account to the current month of this year. I've already talked to a law firm about this and I'm in the clear. Thank you for the help I appreciate it I know what to do. You're not allowed to age my account for 5 years incorrectly, and then after the fifth year you update as a collection account refreshing the seven-year cycle all over again? Sorry doesn't work like that. It was dishonest because the status was incorrect and not correct. So that's their mistake and that's illegal. Also if they had they reported it correctly I would have had a collection account on my credit reports for 5 years and all that would have been left with two years. Not five years incorrectly and then a new collection account starting a seven-year cycle. You can't ding someone twice for the sameaccount because you made a mistake in your crappy sloppy job of reporting it wrong. That's what my credit reports currently say and the law firm that I'm working with agrees with me. It's all good there's been really bad advice given on this forum before and I could probably literally come back with a judgement in my favor and people in this forum would still disagree with me. The one thing I've learned in my 47 years of life is that everyone except you on the internet is correct. Take care have a good life everybody is awesome!

I truly hope this cleared up those two issues you had. I hope others can help explain where they can.

~Alicia

Re: Getting screwed

OmarGB9 — Sat, 04 Jun 2022 14:29:21 GMT

@jarablue wrote:
They reported it incorrectly for 5 years. Then they updated it with a new status as a new account? I used the wrong words, dishonest is not what I really meant. I meant illegal. 5 years they reported it wrong and yes, that is illegal. Yes so I am taking harm. It was incorrectly reported for five years, which is illegal, and then they updated it with a new status as if it's a new account? So yeah I did take harm! my credit is taking harm and I'm taking Financial harm. It's pretty cut and dry. It's against the law what they did for 5 years, and then what they did was refreshing it as new account to the current month of this year. I've already talked to a law firm about this and I'm in the clear. Thank you for the help I appreciate it I know what to do. You're not allowed to age my account for 5 years incorrectly, and then after the fifth year you update as a collection account refreshing the seven-year cycle all over again? Sorry doesn't work like that. It was dishonest because the status was incorrect and not correct. So that's their mistake and that's illegal. Also if they had they reported it correctly I would have had a collection account on my credit reports for 5 years and all that would have been left with two years. Not five years incorrectly and then a new collection account starting a seven-year cycle. You can't ding someone twice for the sameaccount because you made a mistake in your crappy sloppy job of reporting it wrong. That's what my credit reports currently say and the law firm that I'm working with agrees with me. It's all good there's been really bad advice given on this forum before and I could probably literally come back with a judgement in my favor and people in this forum would still disagree with me. The one thing I've learned in my 47 years of life is that everyone except you on the internet is correct. Take care have a good life everybody is awesome!

But it wouldn't be reporting for another 7 years...the clock didn't restart, it would still fall off 7 years from DOFD...And you were actually benefitting from their error this whole time...

In any case, good luck with your litigation. Once you start talking about suing, we (the MF community) have to bow out.