Consumer complaint received 2024-09-23
Product: Mortgage — Conventional home mortgage
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: Shellpoint Partners, LLC (FL)

Subject : Final Notice Before Legal Action - Request for Detailed Clarification Dear Shellpoint Mortgage Servicing, Thank you for your response dated XX/XX/XXXX. However, I must express my disappointment as your reply did not address all the issues I raised in my initial complaint. I would appreciate your prompt attention to the following unresolved matters : To reiterate, this issue is not solely about the reporting of late payments, which is the only issue you addressed in your response, but about the overall accuracy of the information Shellpoint is reporting on my credit report. I need Shellpoint to address all the issues in my complaint in detail. 

1 ) -Ignored Details in My Complaint : In my initial complaint, I provided a detailed credit report highlighting all the inaccuracies in your reporting. Unfortunately, your response did not address these specific issues. It is crucial that you review the provided credit report and address each inaccuracy in detail. 

2 ) -Core Issue : All these discrepancies were disputed with the credit bureaus, but Shellpoint admitted to the credit bureaus that the information being reported is accurate. This issue is not with the credit bureaus but with Shellpoints admission of accuracy when the information is clearly inaccurate. 

3 ) -Inaccuracies and Inconsistencies in Credit Reporting : This dispute is not about the reporting of late payments. It is about the overall inaccuracies and inconsistencies in the information Shellpoint is reporting to the credit bureaus. Each credit bureau is reporting different information, which is a clear violation of the Fair Credit Reporting Act ( FCRA ). Specifically, XXXX indicates a XXXX past-due status for XX/XX/XXXX, while XXXX reports no late XXXX for the same period. This discrepancy must be addressed in detail. 

4 ) -Additional Discrepancies : XXXX XXXX the payment status as 120 days past due, whereas XXXX states that the account was transferred to another lender. This conflicting information raises serious concerns about the accuracy of the data reported. Please clarify how these discrepancies comply with the FCRA. 

5 ) -Reporting of No Data for Active Account : There are periods where my account, which was active, is reported with no data. Specifically, no data is reported from XX/XX/XXXX to XX/XX/XXXX and from XX/XX/XXXX to XX/XX/XXXX. This is inaccurate reporting for an active account and was mentioned in my dispute. However, Shellpoint failed to address this issue in your response. Please investigate and correct this inaccurate reporting. 

6 ) -Request for Documentation : I request that you provide documentation supporting your determination that no servicing error occurred. This should include any records or communications that substantiate the accuracy of the information reported to the credit reporting agencies.

7 ) -Impact on Credit Score : The discrepancies in reporting have significantly impacted my credit score. I urge you to investigate and correct these inaccuracies promptly. Specifically, I request the removal of the tradeline associated with my account due to non-compliance with the FCRA, ( not as a goodwill deletion or favor. ) Relevant Laws Violated : Fair Credit Reporting Act ( FCRA ) : The FCRA requires that all information reported to credit reporting agencies be accurate and complete. The discrepancies and inaccuracies in your reporting violate this requirement. 
Fair Debt Collection Practices Act ( FDCPA ) : If Shellpoints reporting practices are misleading or deceptive, they may also be in violation of the FDCPA, which prohibits false or misleading representations. 
Class Action Lawsuits Against Shellpoint : To emphasize the seriousness of these issues, I would like to highlight several ongoing class action lawsuits Shellpoint is facing related to credit reporting inaccuracies : ( I am facing the same issue with Shellpoint. ) Inaccurate Reporting of Time-Barred Debt : Shellpoint, along with XXXX, is facing a class action lawsuit for allegedly reporting consumer debts that fell outside the legally reportable time period. This inaccurate reporting has negatively impacted the credit scores of affected consumers. 
Failure to Investigate Disputed Information : Shellpoint is accused of failing to conduct a reasonable investigation into disputes raised by consumers regarding inaccurate information on their credit reports. In one case, a consumer disputed a supposedly charged-off mortgage debt, but Shellpoint allegedly did not adequately investigate the dispute and continued to report the inaccurate information. 
Misleading Mortgage Statements : Shellpoint agreed to a {$500000.00} settlement in a class action lawsuit alleging it sent misleading mortgage statements to borrowers under the XXXX XXXX forbearance plan. These misleading statements led to inaccuracies in the credit reports of affected borrowers, violating the Fair Debt Collection Practices Act ( FDCPA ) and the XXXX  XXXX XXXX. 
XXXX XXXX XXXX to Credit Bureaus : Shellpoint is involved in a class action lawsuit for reporting inconsistent information to different credit bureaus. For example, one credit bureau reported a 120-day past-due status while another reported no late payment for the same period. This inconsistency violates the Fair Credit Reporting Act ( FCRA ) and has caused significant harm to consumers credit scores. 
Final Notice Before Legal Action : Please be advised that all responses and information provided by Shellpoint will be used against Shellpoint in a court of law. Any issues that Shellpoint fails to address in this request will be addressed in court. This is an ongoing issue with Shellpoint and must be resolved. Failure to respond and address each issue in detail in this dispute will result in immediate legal action. Shellpoint must respond to this letter no later than 30 days from the above date, on or before XX/XX/XXXX. 
SHELLPOINT MUST ADDRESS ALL ( INCOMPLETE, INACCURATE, AND INCONSISTENT ) -> ISSUES HIGHLIGHTED IN MY CREDIT REPORT ATTACHED.