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 Violation of SCRA by Express Inc. (WFNNB)
Posted Fri July 20, 2012 12:00 pm, by Juan R. written to Express, Inc.
Write a Letter to this Company
Sir/Ma'am
I have exhausted my resources to get this situation fixed in regards to a SCRA violation by Express Inc. (WFNNB). I had this Express Inc. credit card account since 2005 and everything was being paid in time, no late payments whatsoever. I decide to join the armed forces and notify Express by fax, and phone calls of my active duty status in 2009. Express Inc starts listing 30,60,... late beginning on October 2009. October 2009 got sent overseas to Japan for training and future deployment to Middle East on October 2010. During that time Express Inc.(WFNNB) send my account to collections which is violating SCRA regulations paragraph III.
The SCRA Protect Servicemember's Credit:
Whenever a servicemember exercises his/her rights under SCRA, the Act prohibits anyone from adversely affecting his/her credit by:
• a determination by a lender that the member is unable to pay;
• a denial or revocation of credit by a creditor;
• a change in the terms of an existing credit arrangement;
• a refusal by a creditor to grant credit to the member;
• an adverse credit report;
• a refusal by an insurer to insure the member or a change in the terms offered or
conditions required for the issuance of insurance.
All I am requesting if for this erroneous information to be removed, especially when account balance has been paid.
R/S
Should accept that their account management staff made a mistake by sending an active duty servicemembers account to collection while on active duty after they had been notified of enlistment. Then removing the negative information off the account which is not only affecting credit rating, but also secret clearance requirements.
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not knowing a great deal about SCRA, I can't speak confidently, but I
would think that it would keep them from being as quick to ding people
who are deployed, but if repeated attempts to collect the debt are not
addressed, what other recourse do they have?
They have a right to collect their debt and I don't see how being
active enlisted precludes the expectation of payment. If you paid and
they didn't report it - that's erroneous. If you "forgot" to pay and
they reported it as so, I don't understand how that is not allowed.
Nothing you mentioned here appears to support your claim that they
should not expect to be paid timely and I guess I read the "adverse
credit" a bit differently. Why should enlisted people be given a pass
from being held accountable for their previous debts because they are
enlisted? Is the expectation not still that those being deployed or
actively serving have to handle their affairs or appoint someone to
act on their behalf while they are gone? Or did I miss something?
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by biomajor Posted Fri July 20, 2012 @ 9:48 PM
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You do realize that you still had to pay the bill, right? Under the
SCRA, you also have to send a copy of your orders in order to get the
rate reduced to 6%, but you do still have to pay your bills or you
will be brought up on UCMJ charges. The 6% rate only applies to
previous purchases. If you made any new purchases, they would be at a
regular rate, but you did have to send your orders.
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Very true!
by biomajor Mon July 23, 2012 @ 10:44 PM
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SHARED LETTERS 
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