Consumer complaint received 2021-09-05
Company: BMO HARRIS BANK NATIONAL ASSOCIATION
State: AZ
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Old information reappears or never goes away

Complaint:
BMO Harris Bank continues to report charge off on original HELOC loan {$52000.00} dated XX/XX/XXXX. They are false reporting this charge off under account XXXX which was charged off on XX/XX/XXXX under the old account number of XXXX. 

The New subserver named XXXX XXXX XXXX XXXX XXXX XXXX, took over all loans by BMO Harris bank and has changed the original account number of XXXX to XXXX. 

This original loan first went in default on XX/XX/XXXX. BMO Harris Bank executed XXXX XXXX XXXX XXXX attorneys to accelerate the defaulted note. The charge off was reported and has been reported on Credit Bureau reports over 10 years using various account numbers, dates, and amounts. 

It has been almost a year now, and We have asked multiple times through our Arizona Attorney General for BMO Harris Bank N.A . and/or their sub server of XXXX/BMO Harris Bank N.A. to remove it and they still have not. They claim they have sent paperwork however none has ever been received by XXXX. With this day and age of online uploading from bank recovery department to credit reporting bureaus is possible. I believe they have the ability to remove this muddled charge off as fast as a flip of a switch. They can also send electronic emails to have this done but nothing has been received by XXXX. I have constantly reached out weekly to the recovery department via email and they still do not remove it. In fact they usually verify to XXXX  that this new charge off is accurate reporting on the credit reports. I don't see how you can report a charge off on an old charge off creating a new account number and different numbers and dates of past due, etc. 

We were told by their recovery personnel on XX/XX/XXXX, XXXX XXXX that he has the ability to remove and add information to credit bureaus to show lates and/or charge offs. 

They have claimed they have sent paperwork to XXXX  on XX/XX/XXXX per the Default litigation department letter dated XX/XX/XXXX, however I have verified with Dhin of XXXX, XX/XX/XXXX, via phone reference number XXXX. XXXX  claims to this date that they have not received any paperwork from BMO Harris Bank, N.A., and or there Sub server of XXXX to remove this re-aged muddled charge off of over 10 years. 

We ( XXXX and XXXX XXXX XXXX have been victims of this malicious act that by their recovery personnel. For example, XXXX of BMO Harris Bank recovery department stated over the phone that they will continue to report us to credit bureaus as long as the charge off was not paid in full. XXXX of BMO Harris Bank said this on XXXX  XXXX, XXXX. This was already past the seven years of them reporting us illegally. 

We have tried over 10 years to negotiate however they continue to refuse to take any of our fair settlement offers. 

After the charge off we made additional payments monthly on-time in the local bank branch via bank statements they sent to us, not knowing that the loan was every charged off. Our monthly payments have totaled since the XX/XX/XXXX charge off of {$17000.00}. We have never received any information about this loan as a charge off since it was charged off. The bank statements never reflected this was a charge off or to collect a debt. 

They are requesting a payoff of {$52000.00} more than the original balance even though we stopped making payments in XX/XX/XXXX. This Deed of Trust is attached to our home and they have not applied any of our payments correctly. They are charging an absorbent amount of interest, fees, etc, after the charge off which is not in compliant with Arizona laws. 

Because of their malicious acts of unfair practices by not complying to the Fair Debt Collection Practices Act and they have made it extremely difficult for us to recover our financial status which in-turn would help to settle this debt quickly. 

This has been an ongoing fight with them for almost a year and 10 years reporting on the Credit Bureau reports. We feel that they should indeed be penalized for their conscience acts to hurt us. We also feel if there is any way we can have some financial restitution we would appreciate it.

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