Consumer complaint received 2023-10-20
Company: Bridgecrest Acceptance Corporation
State: TX
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account status incorrect

Complaint:
Bridgecrest reporting inaccurate information to credit reporting agencies with remark added on XX/XX/XXXX as Charged off as bad debt Profit and loss write-off when this account was and should stand as " Paid in Full '' and closed. Bridgecrest is in violation of several laws including but not limited to : Bridgecrest may have violated 15 U.S.C. 1692c, which prohibits debt collectors from communicating with consumers at inconvenient times or places, or contacting consumers who are represented by an attorney.

Bridgecrest may have violated 15 U.S.C. 1692d, which prohibits debt collectors from engaging in any conduct that harasses, oppresses, or abuses any person in connection with the collection of a debt1. This includes using obscene or profane language, causing a telephone to ring repeatedly or continuously, or threatening to use violence or other criminal means.

Bridgecrest may have violated 15 U.S.C. 1692e, which prohibits debt collectors from using any false, deceptive, or misleading representation or means in connection with the collection of any debt1. This includes falsely representing the character, amount, or legal status of any debt, falsely implying that the debt collector is affiliated with the government or a credit bureau, or falsely threatening to take any action that can not be legally taken or is not intended to be taken.

Bridgecrest may have violated 15 U.S.C. 1692f, which prohibits debt collectors from using unfair or unconscionable means to collect or attempt to collect any debt1. This includes collecting any amount that is not authorized by the agreement creating the debt or permitted by law, taking or threatening to take nonjudicial action to effect dispossession or disablement of property, or communicating with a consumer by postcard.

Bridgecrest may have violated 15 U.S.C. 1692h, which prohibits debt collectors from applying a payment to a debt that is disputed by the consumer, unless the consumer agrees in writing1. It also requires debt collectors to notify the consumer of the allocation of payments to multiple debts and not apply payments to debts that are disputed by the consumer.

Bridgecrest may have violated 15 U.S.C. 1692j, which prohibits debt collectors from creating, distributing, or using any written communication that simulates or is falsely represented to be a document authorized, issued, or approved by a court, official, or agency of the United States or any state1. It also prohibits debt collectors from creating a false impression as to its source, authorization, or approval.

Bridgecrest may have violated the Telephone Consumer Protection Act ( TCPA ), which regulates how telemarketers and debt collectors can use automated dialing systems, prerecorded messages, text messages, and faxes to contact consumers. For example, Bridgecrest may have violated TCPA by calling or texting consumers without their prior express consent, by calling or texting consumers after they requested to stop.

The following is a letter sent to Bridgecrest in response to Bridgecrest representative allegations that are false and misleading or non-responsive request that Bridgecrest never provided : Dear Bridgecrest, I am writing to dispute the debt that you claim I owe on my alleged account. I believe that you have engaged in false, deceptive, unfair, and abusive practices in violation of several federal and state laws. I demand that you cease all collection efforts on this account and correct any negative information that you have reported to the credit bureaus. 

According to your response to my complaint filed with the Consumer Financial Protection Bureau ( CFPB ), you claim that I entered into a retail installment contract with XXXX on XX/XX/XXXX, to purchase a XXXX XXXX XXXX, and that the account was subsequently assigned to you. You also claim that I agreed to finance a total of {$18000.00} with an 18.596 % annual percentage rate ( APR ) and remit a down payment of {$1100.00}, for a total sales price of {$31000.00}. 

However, I dispute the validity and accuracy of this debt for the following reasons : You failed to provide me with a written notice of my debt within five days of your initial contact with me, as required by 15 U.S.C. 1692g ( a ) of the Fair Debt Collection Practices Act ( FDCPA ). You also failed to verify my debt upon my written request, as required by 15 U.S.C. 1692g ( b ) of the FDCPA.

You falsely claimed that I personally accessed the self-service portal and registered a new bank account and routing number, and that I used this unfamiliar payment method on XX/XX/XXXX, to remit the accounts payoff balance of {$14000.00}. This is a false and misleading representation in violation of 15 U.S.C. 1692e of the FDCPA. Where is the proof that I input this information in that manner? 

You misled me by confirming that my account was fully paid off and closed on XX/XX/XXXX, when I made two payments of {$100.00} and {$130.00} using my usual payment method. You also confirmed this information via phone and text messages, and told me when to expect the release of the title. However, you later reopened my account without my permission or knowledge on XX/XX/XXXX, based on some unidentified payment issue. This is an unfair and unconscionable practice in violation of 15 U.S.C. 1692f of the FDCPA. It is also a deceptive act or practice in violation of the Federal Trade Commission Act ( FTC Act ) or my states consumer protection laws.

You furnished inaccurate or incomplete information about my account to the credit reporting agencies, such as reporting that my account was delinquent or charged off when it was actually paid in full and closed. This is a violation of 15 U.S.C. 1681s-2 ( a ) of the Fair Credit Reporting Act ( FCRA ). You also failed to conduct a reasonable investigation of my dispute, as required by 15 U.S.C. 1681s-2 ( b ) of the FCRA. 

You harassed or abused me by calling me stupid on XX/XX/XXXX, when I inquired about the electronic transfer of the vehicles title. This is a violation of 15 U.S.C. 1692d of the FDCPA. It is also an abusive act or practice in violation of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( Dodd-Frank Act ).

These are just some of the violations that you have committed in relation to this debt. I have evidence to support my claims, such as transaction statements, phone records, text messages, and CFPB complaint documents.

Therefore, I demand that you cease all collection efforts on this account and correct any negative information that you have reported to the credit bureaus. I also request that you provide me with a written confirmation that you have complied with these demands immediately.

If you fail to do so, I will pursue legal action against you for violating my rights under federal and state laws. I will also report your violations to the CFPB, the FTC, and my states attorney general. 

Sincerely, XXXX XXXX Response to claim XXXX did not show any valid proof or address actions taken by Bridgecrest. This company illegally altered documentation and made false allegations which led to even more violations commited by Bridgecrest. This company has commited Loan Fraud and issues have been reported to the FTC and the Texas Attorney General.

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