Consumer complaint received 2020-07-01
Company: CARRINGTON MORTGAGE SERVICES, LLC
State: FL
Product: Mortgage
Sub-product: FHA mortgage
Issue: Incorrect information on your report
Sub-issue: Account information incorrect

Complaint:
There are 2 different issues happening here. The first, is that Carrington Mortgage Services sent me Terms for a Trial Period Plan to agree to that stated that my credit score " MAY '' be adversely affected while in the 3 month program. Their wording is deceptive and alludes to the possibility that it won't affect my credit as long as I keep to the terms I agreed upon. However, they knew they would be reporting adversely because, according to their explanation, since I was still in the trial period, my actual payments never changed and therefore, since I didn't make my actual payment, it was still technically, not paid. It's a Catch 22. They tell you to not pay anything over what they say and then penalize you by reporting you to the credit bureaus, even though you're complying with what they asked! It's insane. 
Second issue is they are claiming I didn't make my payments for XXXX or XXXX of this year. Both completely untrue. Not only did I make my payment for XXXX, but when I called to make my payment for XXXX, the Carrington Rep told me I couldn't because my TPP didn't start until XX/XX/XXXX. I asked again when I called back in XXXX to make my first payment and was reassured by an agent named, XXXX, that according to the terms, had I made a payment in XXXX it could've affected my ability to participate in the TPP so no worries. 
I am pasting a copy of what I sent back to Carrington in response to their letter they sent me dated XX/XX/XXXX. This was in regards to my initial complaint I made on XX/XX/XXXX. 

XX/XX/XXXX To : Carrington Mortgage Services Customer Service Research Department Fax # XXXX Re : Negligent Credit Bureau Reporting To whom it may concern, I have previously written in regarding your reporting practices while I am participating in this loan modification program. Your response dated XX/XX/XXXX is not only inaccurate, its ignoring some incredibly important information. I highly question the capabilities of the person whom you entrusted to do this research because even the most basic of investigations would verify when I called in and when I paid, yet now you are requiring me to prove everything you already have. 

First point in contention : Your justification for reporting me to the credit bureau by referencing the initial agreement. The initial agreement states, Your credit score may be adversely affected by accepting the Trial Period Plan. It says your score MAY be affected. The word may alludes to the possibility that it may be affected but it also equally means that it may NOT be affected. It was never clearly stated that regardless of my on-time payments and abiding by your rules, you would still be reporting me. Your words, instead, lead one to believe there is a way to NOT have your account reported and there is a possibility it wont. That is a flat out lie and your terms should reflect that instead of giving false hope that credit wont be affected. 
Had I known that you were still going to report me late to the credit bureaus I would have never accepted this agreement. Why would I? I have been trying to repair my credit and was already nervous about my upcoming bills which is what prompted me to ask for assistance in the first place. I even stated as much on the phone to your rep who talked to me about what options I had back in XXXX. Your attempt to deflect culpability is not going to pass. 

Second point of contention : You stated in your response that no payments were recorded for XXXX or XXXX. I beg to differ. XX/XX/XXXX I spoke to a representative there at Carrington when I realized my mortgage was still showing as not paid. I discovered then, that my payment had gone up. I had already paid {$450.00} XX/XX/XXXX ( because my previous payment was {$440.00} and change ) so I was deficient by {$55.00} and change. I was told to make up the difference by XXXX XXXX to avoid late fees and reporting to the credit bureaus. I didnt have the money to do it at that moment but once my SSDI check hit my account at the end of the month ( XX/XX/XXXX ) I made a payment for {$560.00} which was posted to my bank account on XXXX XXXX, XXXX. That covered the amount I was deficient in XXXX, plus my XXXX payment. At the end of XXXX, I received the paperwork that I was accepted into the TPP and my payments would start XX/XX/XXXX. 
XX/XX/XXXX, I called into the call center to ask what my payment should be for XXXX since I had just sent back the documents for the program. I was instructed by your representative, that no payment was due. My program started XX/XX/XXXX, and that no payment could be taken because it could nullify my participation in the program if I made any additional payments ( that is also covered in your terms ). 
XX/XX/XXXX, I called in and spoke to XXXX, confirmation # XXXX. XXXX confirmed what I was told in XXXX about why I was not allowed to make my payment because my plan didnt start until XXXX. He said I needed to make my payments by phone while program. Thats TWO DIFFERENT CARRINGTON REPS TELLING ME TO NOT PAY XXXX PAYMENT. 


Please note, in my previous communication, I stated that I made my XXXX payment at the new payment amount plus extra to cover the difference on XX/XX/XXXX for {$560.00}. That was a typo and the date was actually XX/XX/XXXX. 

As I stated previously, this is a clear violation of terms that your company set out and its surely violating my rights as a consumer. I find it offensive that I am further required to provide documentation to prove my payments were made when you already have that information in your system and it was acknowledged by the Supervisor I spoke with today ( XX/XX/XXXX ). 

As of the date of this letter, I have already received the XXXX package with my final signatures and sent that back last week. I am requesting you amend my credit report immediately and REMOVE the late payments as I am not late. I have complied with your instructions. I have not retained an attorney yet, but I am taking steps to do so and will continue to proceed if you fail to comply with my request. Your company should be ashamed of taking advantage of your customers like this, especially in a time of need. 

I would like a full written response to my complaint so I know when this has been handled. Thank you. I am also sending this complaint the Consumer Financial Protection Bureau. 


Sincerely, XXXX XXXX XXXX XXXX # XXXX XXXX XXXX XXXX. 
XXXX, Fl XXXX XXXX

Company response to consumer: Closed with explanation