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Innocent_Kiss

Is this a FBCA violation?

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Some background info

More Comenity Bank headache. I called in to make a payment arrangement back in April. BEFORE I had any late payments, After being laid off, I knew the impending financial situation and wanted to make arrangements prior to. Long story short, I asked rep to NOT withdraw payments automatically for pay schedule duration because I wasn't sure what my account balances would be. I go to make a purchase to find that it was indeed taken out. No big deal, at least it was paid. Following month, they didn't take it out automatically. I called in to see why and rep said no automatic withdrawal arrangements were made. Fine, I paid manually.

 

I wake up to a 30 days past due notation. Disputed with CRA's came back verified. Filed BBB complaint and basically got a "we're right, you're wrong response." Dealing with a ton in my personal life (health and financial) so I figure I'll tackle later.

 

Is this a FBCA violation?

Fast forward to TODAY I find late notations every month since then. This must surely be a mistake. I call Comenity Bank and supervisor tells me "well, although we put you on this payment plan, those payments did not satisfy your minimum payments due. And so technically you were 3o days late each month because of the remaining amounts due from previous month." Wait what? The payment amounts WERE GIVEN TO ME! They came up with due dates and amounts, I had no idea they weren't satisfying my minimum payment requirements. I feel tricked or like I'm being retaliated against. IDK but this does not feel right. Is this common knowledge? Was I suppose to assume this?

 

I'm going to go ahead and file a CFPB complaint. But gosh, after this I really don't want to do business with them anymore.

Edited by Innocent_Kiss

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Payment arrangements are designed to prevent your account from charging off, usually. They do not affect reporting of balances due or if an account is flagged as late (usually).

 

In your case, you made payment arrangements specifically to avoid that account being charged off, I assume. Since you didn't pay the minimum actual amount due per your contract with the creditor, they reported you as late.

 

You need to look up the original contract you agreed to and see what it stipulates. Likely it will include some verbiage about how and why they'll report you as late. Your payment arrangement likely did not replace the original contract terms.

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Payment arrangements are designed to prevent your account from charging off, usually. They do not affect reporting of balances due or if an account is flagged as late (usually).

 

In your case, you made payment arrangements specifically to avoid that account being charged off, I assume. Since you didn't pay the minimum actual amount due per your contract with the creditor, they reported you as late.

 

You need to look up the original contract you agreed to and see what it stipulates. Likely it will include some verbiage about how and why they'll report you as late. Your payment arrangement likely did not replace the original contract terms.

 

When I made arrangements, it was before I went delinquent, and so I called to enroll in their financial hardship program. I was not past due or trying to avoid a charge off.

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The FCBA requires you to notify them in writing of the specific error. This must be done within 60 days of the billing error.

Edited by tmcgill

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