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BIG Problems with Merrick

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prolificjinx23
Frequent Contributor

BIG Problems with Merrick

LONG story but here goes......

 

This is a letter I wrote to FDIC repoting Merrick Bank:

 

My credit card with Plains Commerce Bank was CLOSED & the portfolio was sold to Merrick Bank in September 2010 without notice. Since at that time I moved to my present residence, I wasn't getting most of my mail because some of my family members continued to live at the previous residence & since we all have the same last name there was always a problem with mail being delivered to the wrong address. Due to issues with family members at the previous residence that led to me moving out, my mail that was being routed to the old address was being spitefully thrown out.

 

I eventually received a call on my cell from a representative early January 2011 stating that the account was late on payments from 09/2010 - 12/2010 resulting in 30, 60, 90 & 120 day lates. I immediately made a payment to bring the account present & asked them to change the address explaining the situation the the representative.

 

On 02/09/2011 I made a call to try to get my account back on track & I was offered to participate in their Fixed Payment Program where I would be able to make minimum payments until it was piad off & after the 3rd on time payment they would re-age my account removing the negatives (including the lates) showing the account in good standing.

 

Mid February, I received a letter from Merrick Bank dated 02/14/2011 stating the following:

  

RE: Your account ending in XXXX

 

Dear [name removed],

 

This letter is sent in response to your accepting our offer to participate in our Fixed Payment Program. The following terms will apply to your account until the Program Expiration Date which is 2/9/2012.

 

* Your monthly minimum payment will be $16.00.

* Interest charges on your account will be determined by applying a fixed 6% ANNUAL PERCENTAGE RATE to your outstanding balance (based upon a daily periodic rate);

* Your account will be closed, therefore you will not be able to use your account to make any purchases or obtain any cash advances;

* We will notify the three national credit bureau agencies that your account has revised terms;

* If your account is now, or later becomes five payments past due, it will be charged off, and reported to the credit bureaus as such.

 

If you have not participated in a workout program in the last five years with Merrick, and you make three consecutive on-time fixed payments under this program, your account will qualify to be "re-aged" as current. When we re-age your account, we will report it as current to the three major bureaus and your monthly statement will reflect your fixed payment amount as the amount due. Until your account qualified to be re-aged, your monthly statement will reflect the entire past due amount. You may pay the entire past due amount at any time to bring your account current. If you do so, we will report it as such to the three major credit bureaus.

 

After the Program Expiration Date, or immediately upon your failure to make any minimum monthly payment on or before the applicable payment due date, the foregoing terms will cease to apply, and your account will be governed by the terms of the Cardholder Agreement. Please see below for the rates and terms that will apply to your account under those circumstances:

 

ANNUAL PERCENTAGE RATES (APRS")

Purchase ANNUAL PERCENTAGE RATE: 19.900%

Cash Advance ANNUAL PERCENTAGE RATE: 19.900 %

 

Other than the changed terms noted above, all other terms and conditions of the Cardholder Agreement shall remain in full force and effect during your participation in the program. The Bank reserves the right to terminate this program at any time by providing appropriate notice to you.

 

If you desire to have the foregoing terms apply beyond the Program Expiration Date, you will need to re-apply to our Fixed Payment Program no earlier than thirty (30) days prior to the Program Expiration Date.

 

If you have any questions, please contact us at 1-866-210-9502 toll-free from 8am to 9pm EST, Monday through Saturday.

 

Sincerely,

 

Merrick Bank

 

I have written to Merrick Bank & called them countless times regarding the "re-aging" of my account but they refuse to grant what they promised. The account is reflecting on all three credit reporting agencies (Equifax, Experian & Transunion) as follows:

 

Account Name:          MERRICK BANK

Account Number:      60XXXX

Acct Status:    Open

Monthly Payment:    $16.00

Date Open:     4/1/2007

DOFD:      9/1/2009

Balance:          $519.00

Terms:            Revolving

High Balance:$962.00

Limit:  $740.00

Past Due:        $0.00

Payment Status:        Current, was past due 120 days

Comments:     Account payments being managed by credit counsel service

 

With seven (7) lates reported as follows:

 

30 day late: 09/2009

60 day late: 10/2009

30 day late: 02/2010

30 day late: 09/2010

60 day late: 10/2010

90 day late: 11/2010

120 day late: 12/2010

 

According to my conversation with the representative & according to the letter they sent confirming the agreement, my account should not be reporting the high balance, it should not be reporting the seven (7) lates & it should not be reporting "was past due 120 days" under the Payment Status. I would greatly appreciate it if someone would help me getting this corrected since under the FDIC Law, Regulations, Related Acts - Rule 5000 - Statements of Policy - Uniform Retail Credit Classification and Account Management Policy, they are basically breaking the law by not adhering to their own terms & conditions in the letter.

 

 

 

OK...........

 

NOW that you guys have read my story..... I was reading through my older credit reports to keep my spirits high (kinda helps!) & I noticed that my EX Report dated 02/20/2011 shows Plains Commerce DOFD (30 days) 11/2007 which should make the Deletion Date 10/2014.......... AM I right??? 

 

 

WHAT DO I DO NEXT??? 

Starting Scores: EQ 447 (01/02/2017), TU 476 (01/02/2017), EX 456 (01/02/2017)
Current Scores: FICO 08's as of 12/12/2019: EQ 584, TU 702, EX 631
Goal Scores: ABOVE 800 ALL 3
Current Cards: CapOne QS1 $500, Walmart SC $500, Discover It $750, Amazon Prime SC $900, CareCredit $2,000, NFCU CashRewards $10,000 and NOT APPING until 04/2020....


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Message 1 of 4
3 REPLIES 3
RobertEG
Legendary Contributor

Re: BIG Problems with Merrick

"Current" is an account status that reflects whether or not you are currently meeting the terms of the creditor.  Current account status refers only to the current month, and has no historical account status information attached to it.  When a new current status is reported, it overwrites the old account status, and thus is only a "deletion" by nature of its update. 

 

Your CR has several other reporting fields that store historical information, but current status is not one of those.  You have a "Payment Rating" field that independently stores the account status prior to the update to current, which still probably reads "120-days late," and of course you have your "Payment History Profile," which records the date and severity of each individual prior delinquency.

 

I see nothing in the terms of their agreement that states that  their prior reporting of delinqencies in other fields of your CR  will be deleted, but only that the current status will, after a certain time, be updated to report as meeting current terms of the account.

 

Maybe their language was misleading to you, but I dont see any deletion agreement.

Message 2 of 4
prolificjinx23
Frequent Contributor

Re: BIG Problems with Merrick

Unfortunately I've been dupped because the conversation with the representative was definitely misleading in the FACT that she said to me the lates would be deleted!!

 

Now I'm paying for a debt that'll just update as a paid collection when the payment plan is complete....... I can't stand Merrick Bank!!! DECEITFUL!!! Smiley Sad

Starting Scores: EQ 447 (01/02/2017), TU 476 (01/02/2017), EX 456 (01/02/2017)
Current Scores: FICO 08's as of 12/12/2019: EQ 584, TU 702, EX 631
Goal Scores: ABOVE 800 ALL 3
Current Cards: CapOne QS1 $500, Walmart SC $500, Discover It $750, Amazon Prime SC $900, CareCredit $2,000, NFCU CashRewards $10,000 and NOT APPING until 04/2020....


Take the myFICO Fitness Challenge
Message 3 of 4
prolificjinx23
Frequent Contributor

Re: BIG Problems with Merrick

BTW Robert.... THANKS!!! Smiley Happy

 

One more question..... About the date of deletion.... should it be what CA Merrick is reporting 09/2016 or what was being reported by the OC Plains Commerce which is 10/2014?

Starting Scores: EQ 447 (01/02/2017), TU 476 (01/02/2017), EX 456 (01/02/2017)
Current Scores: FICO 08's as of 12/12/2019: EQ 584, TU 702, EX 631
Goal Scores: ABOVE 800 ALL 3
Current Cards: CapOne QS1 $500, Walmart SC $500, Discover It $750, Amazon Prime SC $900, CareCredit $2,000, NFCU CashRewards $10,000 and NOT APPING until 04/2020....


Take the myFICO Fitness Challenge
Message 4 of 4
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