Consumer complaint received 2017-09-08
Company: SELECT PORTFOLIO SERVICING, INC.
State: GA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account status incorrect

Complaint:
This is a complaint filed under 15 U.S.C. 1681 ( FCRA ) for illegal re-aging and the unlawful reporting of information to all three credit reporting agencies by XXXX XXXX XXXX and Select Portfolio Inc., its Principals XXXX XXXX XXXX operating as a subsidiary of XXXX XXXX ( USA ), all pertaining to account # XXXX and # XXXX. 
1 ) Whereas, we refinanced a mortgage loan with XXXX XXXX XXXX XXXX, on XX/XX/XXXX, which was then sold to XXXX XXXX XXXX, now XXXX XXXX XXXX by merger. 
2 ) Whereas, on or before XX/XX/XXXX XXXX XXXX XXXX declared account # XXXX to be in default, and thereafter reported the DATE-OF-FIRST DEFAULT as XX/XX/XXXX. See proof of " DPFD '' at EXHIBIT-1 and -2, ( XX/XX/XXXX, XX/XX/XXXX credit reports at highlighted text ). 
3 ) Whereas, on or before XX/XX/XXXX account # XXXX was charged-off and closed by XXXX XXXX XXXX. ( See proof of " ACCOUNT CLOSURE '' at EXHIBIT-1, at highlighted texts ) Also see EXHIBIT-3 which says, " UNPAID BALANCE CHARGED OFF '' and " Estimated month and year that this item will be removed : XX/XX/XXXX ''. 
4 ) Whereas, on or before XX/XX/XXXX XXXX XXXX XXXX sold the charged-off and closed account to Select Portfolio Servicing Inc., ( See EXHIBIT-4 XXXX partial Credit Report ).
5 ) Upon selling the charged-off and closed account on XX/XX/XXXX, XXXX XXXX XXXX unlawfully re-opened account # XXXX after having been closed for 3 years and then reported it to the reporting agencies as if it was an open account that was recently closed just prior to the sale. 
6 ) Whereas, Select Portfolio Inc. began, and still is reporting to all three credit reporting agencies under a new account # XXXX, completely disregarding the XX/XX/XXXX DATE-OF-FIRST DEFAULT. See proof at EXHIBIT-2 then see EXHIBIT-4 and -5 7 ) XXXX  charged-off and closed the account and re-opened it 3 years later and sold it to SPS Inc. 8 ) Both the original creditor or a debt collector can not re-age or re-open a negative account. No matter how many times a delinquent account is transferred or sold from one debt collector to another, the date of first delinquency should not change. The DOFD ( date of first delinquency ) determines how long a negative account can remain on a credit report. 
9 ) Be advised that XXXX XXXX XXXX and Select Portfolio Inc., its Principals XXXX XXXX XXXX operating as a subsidiary of XXXX XXXX ( USA ), in direct violation of Fair Credit Reporting Act 623 ( a ) ( 1 ), your company knowingly and willfully reported inaccurate information to a consumer reporting agency in order to extend the reporting period of the above referenced account beyond its mandatory cutoff date of XX/XX/XXXX. 
10 ) In response to my dispute of this FCRA violation, your company maliciously 'verified ' the fraudulent information to the consumer reporting agency as being correct in order to have it remain on my spouse and my credit report. I demand that this FCRA violation be corrected immediately on all three credit reports for myself and my spouse. 
11 ) BE ADVISED, that no payment has been made under account # XXXX or account # XXXX since XX/XX/XXXX. As absolute proof according to XXXX XXXX XXXX, please see EXHIBIT-6 at highlighted text, ( XXXX XXXX, Customer Advocate, Office of the CEO and President, Service Request # XXXX ; Inquiry received date : XX/XX/XXXX -- Mailing date, XX/XX/XXXX. 

12 ) In light of the proof submitted in exhibit-6 cited above ( letter from the office of the CEO and President ) of XXXX XXXXXXXX XXXX it is made clear that account # XXXX and the subsequent account # XXXX is time barred under Georgia law and since the supposed account is a '' Federally related account, this governmental agency should direct Select Portfolio Serving Inc. to COMPLY with Georgia Law and cease and desist any action underway or planned. 

13 ) In Georgia, written contracts have a statute of limitations period of 6 years from the time in which the debt becomes due and payable and the period runs from the date of last payment ( OCGA 9-3-24 ). On the contrary an open account, implied promise or undertaking has a statute of limitation of only 4 years ( OCGA 9-3-25 ). See EXHIBIT-6 ( CEO & President declaration DATE OF LAST PAYMENT highlighted text ).
14 ) HOWEVER, Payment, unaccompanied by a writing acknowledging the debt, does not toll the statute ; the statutory period runs from the date of default, not the date of last payment. 

15 ) WHERFORE, weather the alleged debt claimed by XXXX XXXX XXXX, Select Portfolio Servicing Inc., and its Principals where all claims pertaining to account # XXXX or account # XXXX IS TIME BARRED UNDER GEORGIA STATUTE.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation