Consumer complaint received 2025-11-04 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: Bread Financial Holdings, Inc.
State: DE

Complaint narrative:
This is a response to your correspondence of CFPB reference # : XXXX in which Comenity Bank admitted that it sold the account to XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXX/XX/year>, and further stated that you are no longer the creditor on the account. Despite this admission, you continue to furnish information about the account to consumer reporting agencies and, thus, continue to treat the account as though you remain the creditor/owner. 
By doing so you are committing multiple violations of federal consumer-protection law and ignoring my clear right to enforce a cease-and-desist of your furnishing of credit information after the sale of the account. 
By virtue of my repeated communications ( including this letter ) directing you to cease reporting or furnishing this account information to the credit reporting agencies in light of your admission of sale, you are required to stop that furnishing. Continuing to report under these circumstances after sale of the account is a further unreasonable communication and furnishing of derogatory credit information, in direct conflict with your obligations under the FCRA and FDCPA. 
Once you sold the account and are no longer the creditor, your continuing to furnish the account data as though you are the creditor constitutes inaccurate or incomplete information. Under 623 ( a ) ( 1 ) ( A ), furnishers must not report information they know or should know is inaccurate.

Your dual action of ( a ) acknowledging sale of the account and ( b ) continuing to report it as if you own the debt ( or can collect it ) creates a false, misleading and deceptive representation of the legal status of the debt specifically that you have enforceable rights when in fact you admitted you no longer are creditor. That violates 807 ( 2 ) ( A ). 
According to Delaware law : Actions to recover debt on account or open credit-type accounts generally have a three-year statute of limitations under Del. C. Tit. 10 8106. Some sources suggest four years for open accounts like credit cards.

Please be advised that any alleged obligation you claim is time-barred under Delawares statute of limitations for open-ended credit accounts, which is three years pursuant to 10 Del. C. 8106.

The alleged account was charged off and sold in XXXX. More than three years have passed since any payment or activity occurred that could toll or reset the statute of limitations. Accordingly, the time period to initiate any legal action to collect this alleged debt has expired. 
Any attempt to collect or threaten collection of a time-barred debt including furnishing it to consumer reporting agencies without proper notice that it is beyond the statute of limitations constitutes a deceptive practice under the Fair Debt Collection Practices Act ( 15 U.S.C. 1692e ) and a false or misleading representation of the legal status of the debt.

You are hereby instructed to cease all collection or furnishing activity regarding this time-barred account and confirm in writing that you have complied.

I hereby demand that Comenity Bank provide : 1. A true and complete copy of the original credit-card agreement or contract signed ( or accepted ) by me when the account was opened, including any arbitration or class-action waiver clause.

2. A full accounting of any assignment, sale or transfer of the account ( including the date of sale, purchaser identity, chain of assignment, and how you measured the account ), and proof that you retained any rights to report or collect.

3. Confirmation of your basis for continuing to furnish the account to credit reporting agencies despite sale ( i.e., the legal basis on which you claim a continuing furnishing obligation ).

Pursuant to 15 U.S.C. 1692c ( c ), this serves as formal notice that I refuse to pay any alleged debt purportedly owed to Comenity Bank or XXXX XXXX XXXX XXXX XXXX You are hereby instructed to cease all communication and collection activity regarding this alleged account. 

You are hereby given a written notice of your violations and are required to : 1. Immediately cease furnishing any account information related to this sold account to any and all consumer reporting agencies, and send a formal written request to each agency to delete or fully remove all entries containing this account.

2. Provide to me written confirmation, within 15 calendar days of your receipt of this letter, that you have taken the steps listed above.

3. Provide me with the demanded original contract and assignment documentation described in Section 5, again within 15 days.

If you fail to comply, I will consider legal action for willful non-compliance, including seeking statutory and actual damages, as well as attorneys fees under both the FCRA and FDCPA.

Company response to consumer: Closed with explanation