Consumer complaint received 2025-04-13 00:00:00
Product: Credit card — General-purpose credit card or charge card
Issue: Incorrect information on your report — Account status incorrect
Company: FIRST PORTFOLIO SERVICING INC
State: MI

Complaint narrative:
Subject : Improper Reporting Post-Settlement, Overbilling, and Legal Concerns 1st Access / XXXX  I am filing a formal complaint against XXXX AccessXXXX XXXX XXXX XXXX XXXX for reporting inaccuracies, charging improper late fees, and refusing to provide documentation confirming account resolution even after I overpaid the balance. 

Detailed Discrepancies Across All Bureaus : I paid {$400.00} in XX/XX/XXXX, when the account had already been restricted and rendered inaccessible by the creditor. 
Despite the restriction, the account was not formally closed. Instead, it remained open in credit reporting, and I continued to be charged late fees. 
A settlement agreement was reached, and I made additional payments : XX/XX/XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX exceeding the original high balance of {$460.00}. 
XXXX, XXXX, and XXXX continue to show : Scheduled payments well into XXXX Status of not more than XXXX payments past due in XXXX Derogatory remarks despite resolution and overpayment The reporting date ( XX/XX/XXXX ) is false the account was resolved by XX/XX/XXXX. 

Supplemental Section : Evidence of Reporting Discrepancies Based on my full review of the credit reports from XXXX, XXXX, and XXXX, there are significant discrepancies and inconsistencies that contradict federal credit reporting standards and further validate this complaint : Reported payments : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Account was closed as of XX/XX/XXXX, yet late fees and scheduled payments continued through XXXX Remarks : SETTLED LESS THAN FULL BLNC ; CLOSED Paid, Closed ; was XXXX days past due date No mention of charge-off in the remarks section Reports reflect not more than XXXX payments past due in XXXX, despite ongoing settlement payments Last reported as of XX/XX/XXXX, which is false account resolved by XX/XX/XXXX Clarification on Charge-Off Language : While charge-off is not explicitly listed in the remarks for 1st Access, the continued use of : Late payment codes post-settlement Open payment schedules after account closure Prolonged derogatory notations despite resolution still represents a false and punitive reflection of my creditworthiness and an unjustified derogatory designation. These practices mirror the same damaging effects of a charge-off, even if the terminology is omitted. 

Failure to Close and Abusive Fee Practices : 1st Access allowed the account to remain open, and continued assessing late fees and scheduled payments for months afterward even though I was in active communication, and a settlement agreement had been reached. 

The account was restricted and access was revoked by the creditor in XX/XX/XXXX, after I made a {$400.00} payment. At that point, I could no longer use the card, and the account should have been formally closed. 

This misrepresents the true status of the account and caused additional financial harm despite my good faith efforts to resolve it. Continued late reporting under these circumstances is abusive, deceptive, and damaging. 

This led to me paying the following settlement amounts : XX/XX/XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX well over the high balance of {$460.00}. 

This reporting behavior charging late fees on an account that was both restricted and resolved through settlement is deceptive, punitive, and contradicts fair credit reporting obligations. The account remained reported as not more than XXXX payments past due in XXXX, despite all payments made under settlement. It also continued to show scheduled payments after closure. 

The account should have been closed when access was restricted in XX/XX/XXXX, and no derogatory activity should have been reported beyond that point. 

Refusal to Provide Closure Documentation : Despite multiple requests, 1st Access refused to confirm in writing that the account was paid and closed or that credit reporting would be updated accordingly.

This occurred while still reporting derogatory status, and raises serious legal questions especially if the account was securitized or transferred, which could invalidate their legal standing to collect.

Request for Proof of Legal Right to Collect As part of this complaint, I am also formally requesting documentation verifying that 1st Access/ XXXX XXXX XXXX XXXX had legal authority to collect or settle this account at the time payments were accepted. 

Specifically, I am asking for : Written confirmation that the account was not securitized or transferred to a third-party trust at any point during the collection or settlement process. 
Documentation showing 1st Access retained legal ownership and servicing rights at the time the settlement was negotiated and payments were made. 

If this can not be confirmed, continuing to collect, report, and settle the account raises serious concerns under the Fair Debt Collection Practices Act ( FDCPA ) and Fair Credit Reporting Act ( FCRA ), and may constitute unauthorized collection activity and fraudulent misrepresentation. 

Adverse Impact and Compensation Request Because of these reporting failures : I have been denied credit, offered unfavorable financial terms, and misrepresented to lenders due to ongoing derogatory reporting that does not reflect the actual account status. 
My payments were made in good faith in some cases well beyond the stated balance and I was charged inappropriate fees after closure. 
These errors were not corrected until I disputed them, despite repeated outreach via phone to both First Access and Total Visa, who refused to update my account information. 

Under the Fair Credit Reporting Act ( FCRA ) 623 ( a ) ( XXXX ) ( A ), furnishers are required to report complete and accurate information. These failures amount to negligent and damaging reporting practices. 

Summary of Violations and Impact : These discrepancies reflect systemic and repeated failures to report accurate, fair, and timely information. 
The overapplication of late codes, extended derogatory reporting, and refusal to confirm account closure in writing point to deceptive and abusive practices, violating : FCRA 623 by reporting inaccurate, outdated, and incomplete information Suggests possible FDCPA and UDAAP violations due to late fee practices on a closed, restricted account Caused credit denials, financial stress, and an unfair reduction in my credit score I respectfully request the CFPB take immediate action to investigate, enforce compliance, and ensure these accounts are corrected to reflect accurate status and resolution without continued harm to my credit profile.

Violations by 1st Access / XXXX  FCRA 623 ( a ) ( 1 ) ( A ) : Reported false delinquencies and continued late codes after the settlement had been paid.

FCRA 611 : Failed to correct the account even after multiple disputes and confirmed payments.

FDCPA 809 : Would not provide documentation proving authority to collect or settle the debt. 
UDAAP 1036 : Continued to report the account as active and overdue even though it was restricted and ultimately settled.

Law Violated Description Supporting Detail Damages FCRA 623 ( a ) ( 1 ) ( A ) False delinquencies after settlement Settlement payments made but still listed as past due {$1000.00} FCRA 611 Failed to update after dispute No accurate status after full resolution {$1000.00} FDCPA 809 Refused to confirm account ownership or closure Repeated refusal to send resolution confirmation {$1000.00} UDAAP 1036 Misleading remarks and late fees after access blocked Continued harm through reporting and fee accrual {$1000.00} Total Statutory Damages : {$4000.00} Requested Action I am requesting that each credit bureau and creditor named in this complaint : XXXX. Correct and close all affected tradelines XXXX. Remove all derogatory remarks and false delinquencies XXXX. Provide written documentation verifying the creditors legal authority to collect and report ( including confirmation the account was not securitized or transferred ) XXXX. Issue a formal acknowledgment of error or resolution XXXX. Support compensatory and statutory damages to remedy the ongoing impact on my credit standing and financial well-being If this is not resolved promptly, I reserve the right to escalate this matter through legal counsel and pursue full recovery under the FCRA, FDCPA, and Dodd-Frank Act.

Company public response: Company disputes the facts presented in the complaint
Company response to consumer: Closed with explanation