Consumer complaint received 2017-11-01
Company: Concord Servicing Corporation
State: SC
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Their investigation did not fix an error on your report

Complaint:
See XXXX XXXX Response At Bottom XX/XX/XXXX Dispute Concerning XXXX XXXX XXXX & Blackwell Recovery Reporting On My Credit Report There was a hostile management take-over at XXXX XXXX XXXX timeshare location in XXXX, TN. a couple of years ago. The new management company advised me and my family that the prior management company was not licensed to manage timeshare projects in the state of Tennessee. The new management company gave us the option to withdraw or opt out of our timeshare interval. We exercised our option and opted out. The prior management company later regained control of XXXX XXXX XXXX XXXX and a class action suit was filed. We joined the class action lawsuit. A negative report was placed on my husbands credit report, which was later removed when we advised the reporting agency about the circumstances and the class action lawsuit. Now, several years later, a negative report has been placed on my credit report. We have paid in full for each timeshare interval we used at XXXX XXXX XXXX. We do not owe any additional money. XXXX XXXX XXXX has continued to charge our closed account for each interval since we opted out of the timeshare. This negative report needs to be removed from my credit report. I have filed a complaint through XXXX. Blackwell Recovery falsely indicates the report is accurate and refuses to remove the incorrect information from my credit report. Company 's Response XX/XX/XXXX Good afternoon : Thank you for bringing this matter to our attention. Please know that Blackwell Recovery is a completely independent, third-party collection agency providing services for XXXX XXXX  XXXX. Blackwell Recovery provides these services to its clients within the guidelines of all state and federal laws and regulations. On receipt of XXXX XXXX complaint Blackwell requested verification from XXXX XXXX XXXX that the records in our system are factually correct based on the circumstances included in XXXX XXXX complaint. As part of the validation of the debt, XXXX XXXX XXXX provided Blackwell a copy of the warranty deed signed by XXXX and XXXX XXXX on XX/XX/XXXX. As part of their investigation, XXXX searched the XXXX county records in Tennessee and indicated the deed is still in the XXXX name. This verification is being provided to XXXX XXXX. The information Blackwell Recovery provided to the credit reporting agencies is based on the information in our system. This information has been validated by XXXX XXXX. While our agreements with the credit reporting agencies preclude us from removing factually correct information, we will notify the bureaus in our next file transmission that the information is disputed by XXXX XXXX. XXXX XXXX XXXX has no record of any opt out options offered by the Management company. Finally, Should the XXXX have documentation to the contrary, we respectfully request they forward this information to our attention and we will reopen our investigation. Sincerely, XXXX XXXX Compliance Manager XXXX XXXX Response XX/XX/XXXX This investigation is not closed. Blackwell Recovery Compliance Manager XXXX XXXX XXXX has completely avoided responding to the issues of my complaint. The only information XXXX XXXX has provided is the assertion that the deed to the timeshare interval previously owned by my husband and myself has not been transferred back to XXXX XXXX XXXX. XXXX XXXX information only confirms the allegations made during the XX/XX/XXXX to XX/XX/XXXX multitude of e-mails between the first management company and the second management company that was sent to timeshare interval owners, asserting that there was negligence, mishandling of information, fraud and improper licensing of the first management company. Now, 3 to 4 years later, XXXX XXXX asks for documentation of these events. Does XXXX XXXX keep e-mails for 3 to 4 years after an issue is assumed to be resolved? I think not. XXXX removed the negative report from my husbands credit report on XX/XX/XXXX. This is clear evidence that the issue occurred and was resolved. You can not remove negative information from my husbands credit file and then report the same negative information on my credit file years later. XXXX XXXX advises that XXXX XXXX XXXX is currently managed by XXXX XXXX XXXX. Apparently the management has changed for at least a third time since our experience. Obviously the first or second management companies did not complete our Opt Out request and XXXX XXXX has no information about an issue back from XX/XX/XXXX/XX/XX/XXXX. Please be advised that I will not be held XXXX between multiple hostile management companies and the negative information on my credit report is unacceptable. In addition to filing an additional complaint with the Consumer Protection Agency, I am contacting the Attornies General of South Carolina my home state, Tennessee the state XXXX XXXX XXXX is located and Arizona the state Blackwell Recovery is located. I am also filing a complaint with the Tennessee Real Estate Commission, asking them for a full investigation into this matter and the proper licensing allegations that were reported during XX/XX/XXXX/XX/XX/XXXX. I am also pursuing legal advice from my attorney, to discover all avenues of relief available to me in this matter. 
See XXXX XXXX Response At Bottom XX/XX/XXXX Dispute Concerning XXXX XXXX XXXX & Blackwell Recovery Reporting On My Credit Report There was a XXXX management take-over at XXXX XXXX XXXX timeshare location in XXXX, TN. a couple of years ago. The new management company advised me and my family that the prior management company was not licensed to manage timeshare projects in the state of Tennessee. The new management company gave us the option to withdraw or opt out of our timeshare interval. We exercised our option and opted out. The prior management company later regained control of XXXX XXXX XXXX XXXX and a class action suit was filed. We joined the class action lawsuit. A negative report was placed on my husbands credit report, which was later removed when we advised the reporting agency about the circumstances and the class action lawsuit. Now, several years later, a negative report has been placed on my credit report. We have paid in full for each timeshare interval we used at XXXX XXXX XXXX. We do not owe any additional money. XXXX XXXX XXXX has continued to charge our closed account for each interval since we opted out of the timeshare. This negative report needs to be removed from my credit report. I have filed a complaint through XXXX. Blackwell Recovery falsely indicates the report is accurate and refuses to remove the incorrect information from my credit report. Company 's Response XX/XX/XXXX Good afternoon : Thank you for bringing this matter to our attention. Please know that Blackwell Recovery is a completely independent, third-party collection agency providing services for XXXX XXXX  XXXX. Blackwell Recovery provides these services to its clients within the guidelines of all state and federal laws and regulations. On receipt of XXXX XXXX complaint Blackwell requested verification from XXXX XXXX XXXX that the records in our system are factually correct based on the circumstances included in XXXX XXXX complaint. As part of the validation of the debt, XXXX XXXX XXXX provided Blackwell a copy of the warranty deed signed by XXXX and XXXX XXXX on XX/XX/XXXX. As part of their investigation, XXXX searched the XXXX county records in Tennessee and indicated the deed is still in the XXXX name. This verification is being provided to XXXX XXXX. The information Blackwell Recovery provided to the credit reporting agencies is based on the information in our system. This information has been validated by XXXX XXXX. While our agreements with the credit reporting agencies preclude us from removing factually correct information, we will notify the bureaus in our next file transmission that the information is disputed by XXXX XXXX. XXXX XXXX XXXX has no record of any opt out options offered by the Management company. Finally, Should the XXXX have documentation to the contrary, we respectfully request they forward this information to our attention and we will reopen our investigation. Sincerely, XXXX XXXX Compliance Manager XXXX XXXX Response XX/XX/XXXX This investigation is not closed. Blackwell Recovery Compliance Manager XXXX XXXX XXXX has completely avoided responding to the issues of my complaint. The only information XXXX XXXX has provided is the assertion that the deed to the timeshare interval previously owned by my husband and myself has not been transferred back to XXXX XXXX XXXX. XXXX XXXX information only confirms the allegations made during the XX/XX/XXXX to XX/XX/XXXX multitude of e-mails between the first management company and the second management company that was sent to timeshare interval owners, asserting that there was negligence, mishandling of information, fraud and improper licensing of the first management company. Now, 3 to 4 years later, XXXX XXXX asks for documentation of these events. Does XXXX XXXX keep e-mails for 3 to 4 years after an issue is assumed to be resolved? I think not. XXXX removed the negative report from my husbands credit report on XX/XX/XXXX. This is clear evidence that the issue occurred and was resolved. You can not remove negative information from my husbands credit file and then report the same negative information on my credit file years later. XXXX XXXX advises that XXXX XXXX XXXX is currently managed by XXXX XXXX XXXX. Apparently the management has changed for at least a third time since our experience. Obviously the first or second management companies did not complete our Opt Out request and XXXX XXXX has no information about an issue back from XX/XX/XXXX/XX/XX/XXXX. Please be advised that I will not be held XXXX between multiple hostile management companies and the negative information on my credit report is unacceptable. In addition to filing an additional complaint with the Consumer Protection Agency, I am contacting the Attornies General of South Carolina my home state, Tennessee the state XXXX XXXX XXXX is located and Arizona the state Blackwell Recovery is located. I am also filing a complaint with the Tennessee Real Estate Commission, asking them for a full investigation into this matter and the proper licensing allegations that were reported during XX/XX/XXXX/XX/XX/XXXX. I am also pursuing legal advice from my attorney, to discover all avenues of relief available to me in this matter. 
Company responded on XX/XX/XXXX Company 's Response As part of our renewed investigation, XXXX XXXX provided some additional details about XXXX XXXX concerns regarding the property management company responsible for her timeshare : XXXX XXXX, XXXX has been the Management Company for this owners timeshare property, hired by their Home Owners Association since XX/XX/XXXX. XXXX XXXX XXXX, XXXX is still the Management company for this owners timeshare property. XXXX XXXX is a DBA used by XXXX XXXX XXXX, XXXX. In XX/XX/XXXX, another Management Company, XXXX, illegally took over managing this owners timeshare property. There was a lawsuit by XXXX XXXX XXXX, XXXX to fight this issue. XXXX XXXX XXXX, XXXX won the lawsuit in XX/XX/XXXX and XXXX was forced to vacate. Any promises made by that Company were not valid. XXXX XXXX points out the many years that have transpired. We would like to agree that it has been several years and during that time, XXXX XXXX has diligently sent annual Statements, Reminders and made attempts to contact the XXXX regarding this debt. During that time, XXXX XXXX has no record of the XXXX contacting them to let XXXX XXXX know that they believed that they were no longer owners and provide any correspondence they may have had to substantiate that claim. The possible credit reporting removal in the past by XXXX regarding this debt is not an indication of the validity of the dispute but could easily have occurred because the dispute was not responded to in a timely manner by the data provider and it was automatically removed by XXXX. XXXX XXXX does not reflect that they received a credit reporting dispute from the 3rd Party Default Recovery Company hired at that time. In regards to XXXX XXXX complaint about the Blackwell Recovery tradeline appearing on her credit report, we believe that the information is correct and should remain unchanged. The debt was validated by XXXX XXXX and remains active in our system. XXXX XXXX has updated the settlement parameters regarding the XXXX account to include an option to release them from ownership. This option would release the XXXX from their past obligations owed and any future maintenance obligations for the property. We encourage the XXXX to contact us to review the parameters of the offer. 

XXXX XXXX XXXX XX/XX/XXXX The XX/XX/XXXX response from Blackwell Recovery is complete hogwash. Blackwell admits there was an illegal management company takeover which I have correctly maintained all along. Blackwell Recovery needs to review the legal aspects of a contract both verbal and written are enforceable by law. We had an agreement with the second management company this does not go away just because XXXX XXXX XXXX and Blackwell does not want to admit they are wrong or the second management company was forced out. As far as XXXX removing the negative information from my husbands credit report in XX/XX/XXXX, there was several communications and the negative information was removed because it was incorrect not because there was no response. Blackwells assertion that there was no response from XXXX is completely false. I have received no letters or communication from XXXX XXXX the assertion that annual billings were sent to me is completely false. I have lived at the same address for 28 years, and my address has not changed. If I had received communication from XXXX XXXX, I certainly would have contacted them immediately. I challenge Blackwell Recovery and XXXX XXXX to provide proof of any communications mailed to me. As far as receiving a settlement agreement from XXXX, that is also completely false. I have received no communication from XXXX XXXX XXXX. I challenge XXXX to prove any communications with me.

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