ComplaintsforCardWorks Servicing LLC

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Initial Complaint
07/08/2024
Complaint Type:
Order Issues
Status:
Answered
The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
I am not liable for this debt with CardWorks Servicing. I do not have a contract with CardWorks Servicing, they did not provide me with the original contract as I requested.
Business response
07/18/2024
We are in receipt of your correspondence dated July 3, 2024,which was received on July 8, 2024, regarding the above reference account for our ********************** **********************************.
Our records indicate that the customers account was opened with ******* Bank with an electronic application. In accordance with the Electronic Signatures in Global and National Commerce (E-SIGN) Act, an electronically submitted signature, contract or other record relating to such transaction is valid and enforceable and may not be denied legal validity solely because an electronic signature or electronic record was used in its formation.

Subsequently, the account was used for purchases. Due to non-payment, the account charged off with an outstanding balance. At charge-off, CW Nexus Credit ************* Trust I became the owner of the account. As no further payments were received, the balance remains the same.Please note, we have no record of prior correspondence requesting a copy of the application.

We received the customer's Automated ********************** Dispute Verification (ACDVs) forms filed through the Consumer ****************** (CRAs)claiming identity theft and disputing the reporting of the account. In each instance, the account was reviewed. Based on the results of our investigation,the identity theft claims were denied as the account information matches their personal details. As such, responses were provided directly to the CRAs confirming that the account is reporting accurately.

The Fair Credit Reporting Act (FCRA) requires that, as a furnisher of information to consumer reporting agencies, we report accurate information regarding a consumers account history. We have reviewed the account and determined that the information reported was complete and accurate as of the date(s) we furnished it. As such, in the absence of additional facts,we will not change the reporting of the account to the ********************** reporting agencies.

A letter with additional details and validation documents was sent directly to **********************************. We hope to have been of assistance to you and appreciate the opportunity to respond.

Sincerely,

CW Nexus Credit ************* I, LLC, as administrator

Customer Service Department
Initial Complaint
06/20/2024
Complaint Type:
Billing Issues
Status:
Answered
The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
Requesting a Settelement letter of ******. Requring a Balance Statement Letter at $0. The 3rd party that maintained a Credit Card file belonging to CW Nexus / CC Holdings has made many attempts to receive a payoff letter / statement letter of $0 Balance and we have received no response or contact after numerous emails. All phone numbers associates with the business canot be accessed by the public.Please see payoff Receipt for That **** and ****** has accepted $600 from me.We are simply requesting on letterhead a:1. ) $0 Balance Report on CC Holdings Letter Head.2.) Account# **************** Please see all requirements to be placed on the documents below:1. ) Creditor Name / Logo / Letterhead: (CC Holdings)2. ) Partial / Full Account Number (Matching the ********************** Report): xxxxxxxx******** 3. ) Current Date (within 30 Days)4. ) Borrower Full Name: ************************************* 5. ) The New Current Balance at $0 : $0 3rd Party Comapny maintaining the file is:**** and ****** ****************************************************** Manager ************ **************
Business response
07/08/2024
We are in receipt of your correspondence dated June 20,2024, regarding the complaint filed with your office by ********************************.

CW Nexus Credit ************* Trust does not support open email communication with our customers. We have no record of recent inbound calls regarding this account.

Our records indicate that the customer's account was opened with ******* Bank with an electronic application. Subsequently, the account was used for purchases. Due to non-payment, the account charged off with an outstanding balance. At charge-off, CW Nexus Credit ************* Trust became the owner of the account. We have no record of an account in the customer's name ending in the last four numbers indicated in their complaint.

Subsequently, the customer accepted a settlement arrangement with our collection agency **** and Kirilin to pay a portion of the balance. We received their payments, which satisfied the settlement. As such, **** and Kirilin issued a settlement letter to the address on file and the account was accurately updated to Settled for less than the Full Balance, was a Charge Off.

A letter with additional details was sent directly to ********************************.

Thank you for the opportunity to respond.

CW Nexus Credit ************* I, LLC, as administrator

Customer ******************
Initial Complaint
05/28/2024
Complaint Type:
Service or Repair Issues
Status:
Answered
The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
On February 16, 2024 I sent a certified debt validation letter to CW NEXUS CREDIT CARD through the United ********************** Under the Fair Debt collection Practices Act (FDCPA), I have the right to request validation of the debt CW NEXUS CREDIT CARD says I owe. I requested proof that I am indeed the party they are asking to pay this debt, and there is some contractual obligation that is binding on me to pay this debt. According to the tracking number attached to the certified letter, CW NEXUS CREDIT CARD received the Debt Validation letter on February 20, 2024. I never received a response from CW NEXUS CREDIT CARD after they received my debt validation letter. On April 2, 2024 I sent another certified letter through **** because CW NEXUS CREDIT CARD failed to respond. I never received a response from CW NEXUS CREDIT CARD regarding the second letter.I request that CW NEXUS CREDIT CARD immediately remove the inaccurate account from my ********************** report, and provide me with documentation to support their reporting if they claim the account is accurate.
Business response
06/17/2024
We are in receipt of your correspondence dated May 26, 2024,which was received on May 28, 2024, regarding the above-referenced account for our ********************** ******************************.
Our records indicate that the customer's account was opened with ******* Bank with an electronic application. In accordance with the Electronic Signatures in Global and National Commerce (E-SIGN) Act, an electronically submitted signature, contract or other record relating to such transaction is valid and enforceable and may not be denied legal validity solely because an electronic signature or electronic record was used in its formation.

Subsequently, the account was used for purchases. Due to non-payment, the account charged off with an outstanding balance. At charge-off, CW Nexus Credit ************* Trust became the owner of the account. As no further payments were received, the balance remains the same.

We received Automated Consumer Dispute Verification (ACDVs)forms filed through the Consumer ****************** (CRAs) disputing the reporting of the account. In each instance, the account was reviewed and responses were provided directly to the CRAs confirming that the account is reporting accurately.

We additionally received the customer's previous correspondence disputing the reporting of the account. Responses validating the debt were twice issued to their address of record. We confirmed that the information and documentation we provided was accurate and sufficient to validate the debt owed.

The Fair Credit Reporting Act (FCRA) requires that, as a furnisher of information to consumer reporting agencies, we report accurate information regarding a consumers account history. We have reviewed the account and determined that the information reported was complete and accurate as of the date(s) we furnished it. As such, in the absence of additional facts,we will not change the reporting of the account to the ********************** reporting agencies.

A letter with additional details and validation documents was sent directly to ****************************. We hope we have been of assistance to you and appreciate the opportunity to respond.

Sincerely,

CW Nexus Credit ************* I, LLC, as administrator

Customer Service Department
Initial Complaint
05/14/2024
Complaint Type:
Order Issues
Status:
Answered
The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
Iam not reliable for the debt with CW Nexus. They have not provided me with the original copy as requested. In addition, as per The Fair Credit Reporting Act, Public law ******, Title VI, Section 611, Subsection A-D, 15 us code 1681e(b) Compliance Procedures Maximum Possible Accuracy ?. I demand tangible evidence that the information was verified, not a computer-generated confirmation. Please provide the following: 1. The names and business addresses of each individual you verified the information with, so that I can follow up. 2. The date you contacted the individual information furnishers. 3. The method of communication you used to verify the information. I also want to know if the furnishers provided you with my SSN, address, or DOB. Please send me an updated credit report once you have completed the investigation and made the necessary corrections. Your cooperation and prompt attention are legally required.??
Business response
05/24/2024
We are in receipt of your correspondence dated May 14, 2024,regarding the above-referenced account for our ********************** *****************************.

Our records indicate that the account was opened with ******* Bank with an electronic application. The application does not include a handwritten signature. In accordance with the Electronic Signatures in Global and National Commerce (ESIGN) Act, an electronically submitted signature,contract or other record relating to such transaction is valid and enforceable and may not be denied legal validity solely because an electronic signature or electronic record was used in its formation.

Subsequently, the account was used for purchases. Due to non-payment, the account charged off with an outstanding balance. At charge-off, CW Nexus Credit ************* Trust I became the owner of the account.

We received the customer's Automated ********************** Dispute Verification (ACDVs) forms filed through the Consumer ****************** (CRAs)claiming identity theft and disputing the reporting of the account. In each instance, the account was reviewed. Based on the results of our investigation,the identity theft claims were denied as the account information matches their personal details, which includes their name, date of birth, social security number, address on file, address on the application, email address, and phone number. As such, responses were provided directly to the CRAs confirming that the account is reporting accurately. We have no record of previous direct correspondence disputing the reporting of the account or requesting debt validation.

Upon receipt of the customer's complaint, we conducted an additional investigation regarding their claim of identity theft. We subsequently sent a letter to the customer's address on file advising that their claim was again denied based on the above outlined investigation. An additional response was mailed to the customer to provide debt validation documents.

The Fair Credit Reporting Act (FCRA) requires that, as a furnisher of information to consumer reporting agencies, we report accurate information regarding a consumers account history. We have reviewed the account and determined that the information reported was complete and accurate as of the date(s) we furnished it. As such, in the absence of additional facts,we will not change the reporting of the account to the ********************** reporting agencies.

Thank you for the opportunity to respond.
** ***** ****** ************* ** **** ** ************* ******** ******************
Initial Complaint
05/01/2024
Complaint Type:
Product Issues
Status:
Answered
The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
I paid this collection agency in full on Saturday April 27, 2024. I asked for confirmation of payment Monday 04/29/24 and they said they will send to my email, they verified my email and said to keep eye on my junk folder and can take up to 72 hours. I called yesterday and they said the same thing as before. I called today and they said it was sent and I didnt receive it and that they requested it again and can take another 72 hours. But they will see if it can be expedited. Why are they so quick to take my money and profit from it but cannot send a simple email.
Business response
05/20/2024
We are in receipt of your correspondence regarding the complaint filed with your office by ***********************.

Our records indicate that this account charged off due to non-payment and was placed with Carson Smithfield, LLC, a third party collection agency for servicing. The customer subsequently submitted a payment which paid the balance in full.

The customer contacted us to request written confirmation that the account had been paid in full and to provide their email address. The representative added the email address to the account; however, they did not allow ample time for this update to be processed before requesting the paid in full letter. As a result, the letter was issued via mail instead of email, as requested. We sincerely apologize for the inconvenience that this caused the customer.

We have issued the paid in full letter to the customers email address, and a separate response was also provided to the customer with a copy of the mailed letter.

We hope we have been of assistance and appreciate the opportunity to respond.

Sincerely,
****** **********
Customer Service
Initial Complaint
04/02/2024
Complaint Type:
Order Issues
Status:
Answered
The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
I'm not liable for this debt with Carson Smithfield, llc ,I did not hove a contract with Carson Smithfield llc,they did not provide me with the original contract as i requested
Business response
04/11/2024
We are in receipt of the complaint (#********) filed with your office by ***************************.

Our records indicate that the customer's account was opened with ******************* with an electronic application. Subsequently, the account was used for purchases. Due to non-payment, the account charged off and Carson Smithfield, LLC, was contracted to collect on the outstanding balance. However,******************* remains the owner of the account. We have no record of previous correspondence, as indicated in the customer's complaint.

******************** is not a creditor and is not responsible for the reporting of the account to the ********************** ******************* We recommend that any credit reporting inquiries be directed to *******************.

Sincerely,

Carson Smithfield
Customer Service
Initial Complaint
03/26/2024
Complaint Type:
Customer Service Issues
Status:
Resolved
The complainant verified the issue was resolved to their satisfaction.
I am not liable for this debt with charter communications, I do not have a contract with Carson and Smithfield agency, they did not provide me with the original contract as i requested.
Customer response
03/26/2024
Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me and the matter has been resolved.

Sincerely,

*********************
Initial Complaint
02/09/2024
Complaint Type:
Billing Issues
Status:
Answered
The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
Date of transaction 11-7-2023 Amount paid $65.14 When calling this collection agency they just argues with me. They've reported to the credit bureaus after the account was paid in full. I sent copies of my deposited checks front and back to them and they still are trying to make me pay the balance again. Acct# ****************
Business response
02/28/2024
We are in receipt of your letter regarding the complaint (#********) filed with your office by ***********************.

This OpenSky credit card account, which is a product of ************* was opened and used for purchases, and charged off with an outstanding balance. Following charge off, several payments were received,which were applied to the account. However, the balance has not been paid in full. The customer previously provided images via mail of cashed payments. The account was reviewed, and it was confirmed that all payments documented in their letter had already been applied to the balance.

The customer contacted us by phone on several occasions and was accurately advised that the balance is correct and has not been paid in full. While we regret any dissatisfaction that the customer experienced, we have no record of unprofessional conduct by our representatives.

If the customer believes that they have made additional payments towards the balance that were not credited, we request that they please submit proof of those payments, e.g., a legible copy of the front and back of the canceled check(s)/money order, so that the matter can be investigated.

Please be advised that Carson Smithfield, LLC, is a third-party collection agency contracted by the creditor to collect on the balance. Carson Smithfield, LLC, is not a creditor and is not responsible for the reporting of the account to the ********************** ******************* We recommend that any credit reporting inquiries be directed to **************************************************************************
Initial Complaint
01/28/2024
Complaint Type:
Order Issues
Status:
Answered
The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
December 4th, 2023, I sent a certified letter to the company requesting:1.Validation of the debtthat is, the actual accounting 2.Verification of a signed invoice 3.A copy of the Contract binding both parties, in a letter by certified mail so that there is an independent witness to it having been delivered.they did not provide these things and they continue to report this on my credit report
Business response
02/08/2024
We are in receipt of your correspondence dated January 29,2024, regarding the above-referenced account for our ********************** *************************************
Our records indicate that the account was opened with ******************* using an electronic application. Due to non-payment, the account charged off with an outstanding balance. At charge-off, ownership of the account was transferred to CW Nexus Credit ************* Trust I.

We received the customers Automated Consumer Dispute Verification forms (ACDVs) filed through the credit bureaus disputing the reporting of the account and claiming identity theft. In each instance, the account was reviewed, and responses were provided directly to the consumer reporting agencies confirming that the account is reporting accurately. The identity theft claim was denied based on the results of our investigation and the account information that matches the customers personal details.

The Fair Credit Reporting Act (FCRA) requires that, as a furnisher of information to consumer reporting agencies, we report accurate information regarding a consumers account history. We have reviewed the account and determined that the information reported was complete and accurate as of the date(s) we furnished it. As such, in the absence of additional facts,we will not change the reporting of the account to the ********************** reporting agencies.

While we regret the customers dissatisfaction, we have no record of a prior debt validation request associated with this account. We request that any letters please contain the customers full account number and be mailed to the correspondence address as provided on this letter.

A letter with additional details and debt validation documents was sent directly to the customer.

Thank you for the opportunity to respond.

Sincerely,
CW Nexus Credit ************* I, LLC, as administrator

Customer Service Department
Initial Complaint
12/28/2023
Complaint Type:
Billing Issues
Status:
Answered
The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
CardWorks ***** affiliate ******************* has an Account number ********************************** that is reporting to my account "**********************************" . After contacting *************************, I was informed that this "company "refused" to remove the "fraudulent account" associated with my account. As I stated in my previous claims, Cardworks *** and it's trademark name ******************* (C T *********** Systems, **********************************, and The *********** Company), and it's third-party debt collecting affiliates are in violation of:15 USC 6802:Companies, corporations, CRA's, etc need written instruction to make a consumer report by the consumer. Without written instruction this "company" has committed fraud by using my identifying information without any lawful authority to furnish this information on my consumer report. Per this law, Cardworks *** *** has committed identity theft and it is a violation of 15 U.S. Code 1681b(a)(2, based on this violation all accounts listed must be DELETED.15 U.S. Code 1681b(a)(2):All Companies, corporations, CRA's must work together and be joined. I am aware,This information for accounts listed above on my consumer report does not match other consumer reporting agencies shown in the three Credit reports that is stapled to this letter which means your company has failed to maintain reasonable procedures to keep a joint notification system and is in violation of 15 U.S.Code 1681b(e)(6). all accounts listed in this NOTICE must be DELETED.
Business response
01/11/2024
Our records indicate that the customers account charged off due to non-payment, with an outstanding balance. Following charge off, the account was placed with third party collection agencies for servicing; however,please be advised that ******************* remains the owner of the account.

We received the customers Automated Consumer Dispute Verification forms (ACDVs) filed through the credit bureaus disputing the reporting of the account and claiming identity theft. In each instance, the account was reviewed, and responses were provided directly to the consumer reporting agencies confirming that the account is reporting accurately. The fraud claims were denied based on the results of our investigation. We also received a prior letter from the customer, and their fraud claim was again investigated and denied.

As disclosed in section 15 of the Cardholder Agreement, You also authorize us to furnish information concerning your Account and your performance under this Agreement to consumer reporting agencies (credit bureaus) or to others, but you acknowledge that we are under no duty to do soWe may report information about your account to ********************** bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report and may negatively impact your credit score. This information was also included in the privacy policy.

The Fair Credit Reporting Act (FCRA) requires that, as a furnisher of information to consumer reporting agencies, we report accurate information regarding a consumers account history. We have reviewed the account and determined that the information reported was complete and accurate as of the dates we furnished it. In the absence of additional facts, we will not change the reporting of the account to the ********************** reporting agencies.While we report accurate information, the way in which this information is displayed is at the discretion of each consumer reporting agency. We recommend that the customer contact them directly for further information regarding the way this account appears on their credit report.

A letter was sent to the customer with further information.
Customer response
01/12/2024
Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID# ********, and have determined that my complaint has NOT been resolved because the company "CardWorks Servicing LLC" does not acknowledge that the account was opened as a result of identity theft. Every contract or agreement thereof is void on the account of "**********************************" and my be rescinded to the indentured servant based on the Right of Rescission (12 Fair Credit Reporting Act ******* Right of rescission). In addition, the company "CardWorks Servicing LLC" aka "*******************" has not provided me with HAND WRITTEN CONSENT from the ********************************** to open this account and to share my identity (personal information) with a third-party debt collector or servicing company which violates 15 USC **** and Section 624 of the FCRA.

The company "CardWorks Servicing LLC", "*******************", and it's third-party affiliates are continuing to violate my RIGHT to PRIVACY (15 U.S. Code ****). In relation to the fraudulent account and inaccurate information of "Charge off" posting to the account of "**********************************", CardWorks Servicing LLC aka "*******************" has admitted the fraud and in accurate posting of information above by stating:
"Our records indicate that the customers account charged off due to
non-payment, with an outstanding balance. Following charge off, the
account was placed with third party collection agencies for servicing;
however, please be advised that ******************* remains the owner of the
account"

This statement shows the company has violated 15 U.S.Code ****s-2(7)(E) by "charging off" the account to the *** as debt, but still retaining ownership. I haven't received notice of these negative remarks nor a ****-C Form for the debt written off which violates 15 USC **** e(b). Based on the actions stated by the company(s), their business practices are in coercion with 18 U.S Code **** (Fraud and *******). As stated in my initial dispute and filings with the **** I have no knowledge of this account which was established as a result of identity theft.
15 U.S. Code ****b(a)(2) CRAs and ************************* need written instruction to make a consumer report by the
consumer. Without written instruction this consumer reporting agency has committed fraud by
using my identifying information without any lawful authority to furnish this information on my
consumer report. Per this law CardWorks Servicing LLC aka ******************* has committed identity theft and it is a violation of 15
U.S. Code ****b(a)(2, based on this violation all accounts listed above must be DELETED.
*************************

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