Consumer complaint received 2020-06-26
Company: Shellpoint Partners, LLC
State: FL
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: Investigation took more than 30 days

Complaint:
Evening, I recently purchased my home in XX/XX/XXXX. Our initial mortgage was transferred to New Rez in XX/XX/XXXX. Shellpoint Mortgage Servicing is the company actually servicing the loan - taking payments and keeping records. ( Prior to this, I have spent the past five years rebuilding my credit to an excellent rating and have never missed any payments or made any late payments on any accounts during this 5 year period ). 

My first payment to Shellpoint was for XX/XX/XXXX. This being my first payment, I wanted to ensure the payment went through on time. So I Set up automatic recurring payment, thinking that it will start XX/XX/XXXX. And I also made a manual payment. The amount of each payment is {$2300.00}. When I checked my account a few days later, I realized that the automatic payment which I thought would start XX/XX/XXXX, had also been processed for XXXX. I called Shellpoint and requested a refund for the additional payment ( {$2300.00} ). I made the request, but never received a notification or confirmation that the request was being processed. So I called a few days later to follow up on the refund to ensure it was being processed. Really, when I requested the one refund, I was expecting Shellpoint to just electronically credit my account the one payment. I called a few days later again and was advised that a refund check was being mailed out. 

In a week or so I received a refund check in the mail. However, a week after that, I received another refund check. I was confused why they had sent two checks. So I called Shellpoint and asked why did I receive a second check and what should I do with it. Shellpoint advised me that they had made a mistake and to just void the check, which I did. In XXXX, my automatic payment went through and same for XXXX and XXXX. However in XXXX I called Shellpoint with a general questions on my account. During that call I was advised that my account was 30 days late. I was shocked. Why? They informed my that the account showed no payment for XXXX. When I checked my credit report for XXXX, I found that Shellpoint had reported a 30 day late payment for XXXX to the Credit Bureaus and my credit score had dropped almost 100 points. They reported that both payments made in XXXX were returned - not made, however the second check was never processed, it was voided - so they had the funds in their account for XXXX. Needless to say I was upset and called Shellpoint to find out how to correct this. I spoke to several customer reps who informed me that they would send an email to loan servicing. I reported the matter on their web site and also filed a dispute with XXXX. I continued to call to try and speak to someone in loan servicing. Eventually I was transferred to a supervisor in customer service. She reviewed my account after I explained the situation to her and she acknowledged the mistake and apologized. She advised me that even though the second check was never cashed. Because Shellpoint issued the check, they need to show in their system that the funds went out.. ( which also meant she confirmed that the second check was never processed and the funds were still there - crediting those monies to my account at that time had nothing to do with me or my payment history, but more so to fix a glitch in their system ) .So she said Shellpoint would credit my account the one payment and I would have to give that same refund back to Shellpoint to bring my account current. I did not fully understand that logic, but was finally happy to have someone who appeared to be able to assist me. On XX/XX/XXXX I received the credit to my account and I immediately went on their website and made the payment to my account. 

Weeks later nothing had changed. I continued sending request for assistance. Finally a few weeks later I received a call from a XXXX XXXX, who advised she was handling my account. I expressed how happy I was to finally have someone from loan servicing to talk to directly. I explained everything to her. She reviewed the account and again acknowledged the mistake and noted they should have never issued the second check. She said the credit dept. would need to report the error to the credit bureaus and she would send an email. I inquired about the turn- around time and she said at the most 48 hours. About 4 days went by and I had not heard an update. Then I received an email from XXXX noting that the dispute I filed had been closed. I expected to log in to see my credit score restored, however that was not the case. Nothing had changed. I called XXXX back and she said that Shellpoint had not reported my account late, but in fact it was late for XXXX ... .What???? She just told me she saw the mistake, acknowledged it 5 days ago and now shes saying something that's completely incorrect. I could not accept that - I have worked tirelessly to restore and rebuild my credit. I asked for her email and I sent her an explanation again with copies of my banking statements which show all my on time payments from XX/XX/XXXX when the account was transferred to the current month. XXXX at the time. It also showed the electronic refund that was received and issued back to them. Also a copy of the voided second check that I was advised to just void. 

At no time was a payment not made, or made late on my account. I have followed up and still waiting to hear if the correction has been made to my Shellpoint account as well as the Credit agencies. 

While this was going on in XXXX, I was in the process of doing other financial transactions outside of my mortgage and this mistake and incorrect report to the Credit bureau has completely jeopardize my ability to successfully apply. My credit rating reflects a late payment that never happened, reported by Shellpoint that had my funds ( XXXX payment ) and reported that they did not. FALSE Report. I have spoken to TRansunion and they advised that once they receive the update and corrected report from Shellpoint, that my credit will be restored if that was the only thing, which it is. All my accounts have an exemplary payment history, as should this account also.

They should have reached out to me or confirmed within their systems that a refund check was already released before releasing a second one. Also, they should be able to confirm in their system if a check is processed. I voided the second check, why did they reflect it as being processed and update my account as being 30 days behind, when in fact they still had my XXXX payment? I have done nothing wrong, and my banking statements represent that.

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