Consumer complaint received 2022-06-21
Company: Bread Financial Holdings, Inc.
State: NY
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was paid

Complaint:
RE : Request to REMOVE : XXXX XXXX Commenity Bank Account # : XXXX To whom it may concern : This is to confirm that this account has been paid and closed. This account was included in a Stipulation Settlement Agreement which include the deletion of this account : XXXX XXXX Commenity Bank ending XXXX. In addition, this account has expired and passed per the statute of limitations which is three years for the NY State. In XX/XX/XXXX, New York Gov. XXXX XXXX signed legislation to cut the statute of limitations on most debt from six years to three years. As of XX/XX/XXXX, New York has a three-year statute of limitations on many kinds of consumer debts, including credit card debts ( NY Civil Practice Law and Rules section 214-i ). 

Please see a copy of CFPB complaint # XXXX and the response from XXXX XXXX and XXXX ( Representing XXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX ) repling clearly that they not only confirm I have paid this account in court and they have sent me the Stipulation of Discontinuance by Court, but also clearly state to contact Comenity Bank regarding the tradeline reporting to the credit bureau XXXX 

Plese see also copies of Settlement Agreement including Stipulation of Discontinuance by Court. 

But XXXX XXXX Comenity Bank response in a letter denying this and continuously stating to contact XXXX XXXX XXXX XXXX  for the removal of this account. They also clearly state that they are no longer the creditor, but keep reporting to all credit report the above reference account. 

Please see proof of one of the credit report reflecting XXXX XXXX account including their address! 

I have provided sufficient documents from the court that not only this account has been paid but also is clearly reflect to DELETE the account once is paid on the Stipulation Settlement agreement. I have also the Stipulation of Discontinuace as proof of deletion request of this account Please see the enclosed copies. 

Both : XXXX XXXX XXXX XXXX and XXXX XXXX XXXX are denying of being responsible for the removal of this account from all credit reports. This is not right! 
This account has been settled including the IN COURT deletion of the account. This account should be removed from all credit reports.

Since Comenity Bank is not the creditor as they state, then they have no rights or authority or power toward my credit reports reporting this account time to time, and no authority to keep reporting or updating the account. This account should be delete it by NOW! This ACT is unlawful because other debt collector will see this in my credit reports and keep suing me for an account that shouldnt be there. This account has passed the statute of limitations and has expired! 
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Please see company response from Second Round Sub and their lawyers XXXX XXXX and XXXX : Company Response complaint # XXXX : XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX ) commenced an action against XXXX XXXX for XXXX debt due on a Comenity Bank account XXXX in XXXX on or around XX/XX/XXXX. XXXX XXXX and XXXX reached a settlement agreement that was paid in full on our around XX/XX/XXXX. Our office prepared a Stipulation of Discontinuance and mailed it to XXXX XXXX which has been filed with the Court ( attached ). XXXX XXXX is advised to reach out to Comenity Bank regarding the tradeline reporting to the credit bureau. 

Company Response Complaint # XXXX : XXXX XXXX appreciates the opportunity to respond to XXXX XXXX 's concerns. The account she references in her notice was an XXXX XXXX XXXX originally issued by Comenity Bank. The account was opened on XX/XX/XXXX and was charged off by Comenity Bank on XX/XX/XXXX. The last payment made on this account prior to chargeoff was made to Comenity Bank on XX/XX/XXXX. XXXX XXXX purchased this account on XX/XX/XXXX. Please be aware that XXXX XXXX is not reporting to XXXX XXXX 's credit report. XXXX XXXX is not a credit reporting agency. Because of that fact I can not make any judgement as to what is showing on XXXX XXXX 's credit report. She may wish to contact the original creditor to determine if they have any reporting on the account. Comenity Bank can be reached at : XXXX. Attached to this response is a Release of Claim letter XXXX XXXX requested, indicating that the account is closed in our files and that XXXX XXXX has no further obligation to Second Round.

Company response to consumer: Closed with explanation