Posted on 07/01/2019 5:19:13 PM PDT by TermLimits4All
I had a friend who photocopied a check to show she paid and the bank ran the photocopy again thereby causing her account to be overdrawn. Make it right?? Bank of America. Enough said.
That’s the only creditor that is issued a paper check. I agree though, I have the cancelled checks and there isn’t any account information on any of them. Account info for the GM account, they do however require an account number to set up the payment.
No account information is sloppy beyond imagination. The only reason I can see for any institution continuing this way is that it is to their benefit... certainly not yours. The GM account number would be for you to receive a statement; but not to have a separate number linking your financial transfer is crazy to me. Like I said.... look in your checkbook and you will see checking/routing numbers right at the bottom. I once had a money market checking account that had the same numbers at the bottom of each check.
There are no checks with electronic payments.
At this poi t I’m interested in vengeance. I’ve been dealing with this for a couple months now and keep getting the run around. I’m pissed that my 802 score is now down in the 600’s due to their inept accounting. My flipping address is on the check along with my last name. My wife doesn’t have a GM account so it’s more than obvious.
I’ve spent a total of 10-1/4 hours on this over the last few weeks and it’s not only impacting me with my lender but sleep as well. I’d know it will be resolved because I’ve made my payments but the lack of inaction from them reminds me of our government, I know ironic isn’t it. I have noticed a short fuse on my end and surprised I haven’t been hung up on by them yet.
Sue them. You don’t need a lawyer, plenty of info on the net.
https://en.wikipedia.org/wiki/Fair_Debt_Collection_Practices_Act
Your claim would be under sections 616 and 617 of the Fair Credit Reporting Act, which provides for damages and recovery of attorney’s fees for negligent or willful violations of the FCRA. “Furnishers” like the creditor have a continuing duty to update and correct information they learn to be false, so if you have provided the cancelled checks with GM Finance’s endorsement and they haven’t corrected the credit report, I think that would be at least some evidence of willfulness.
Also, unless you can show malice or willfulness, state-law defamation claims are pre-empted by the FCRA. However, you might have difficulty proving special damages necessary to maintain a defamation claim at this stage.
There are some consumer lawyers who are not bankruptcy lawyers who handle this sort of thing, but they are difficult to Google because, as you’ve noticed, debtor-side bankruptcy lawyers also call themselves “consumer” or “credit” lawyers and are much more numerous. Unfortunately, even though many consumer protection statutes like the FCRA have fee-shifting provisions, this isn’t a very lucrative practice area outside the class action context and there aren’t a lot of high-quality consumer lawyers out there.
Never heard of anyone not putting the Acct. # on their own check before sending it, to ensure they are credited with a payment...
I’d hire an attorney, as advised above.
I’m really surprised your CU uses a paper check to forward your payment to GMAC. I’ll rephrase that. That is BS. I take you at your word that you were told that, but I would suspect that is some goofball story told you by a bank clerk. This is not 1993.
You need to get above the “clerk” level at your CU and get to a manager, get them to write a letter on letterhead that those payments were made and were made timely. Certainly, you have a ckg acct statement showing those exact amounts. I assume they are unique amounts with cents in the payment, eg; not $330.00 but $331.28 that are immediately identifiable and unique; and that prior payments of that precise amount were made on time and that you ckg acct never sank below a minimum balance where those amounts could not be paid without an NSF. Most banks show a “minimum daily balance” on their stmts.
If the false credit report actually dings your report and makes you ineligible for a refi THAT YOU WERE IN PROGRESS FOR when the ding dinged you, that is quite potentially actionable. You will need a letter from the lender stating you can’t get “that” loan any more.
I doubt you’ll be able to find an attorney to take this without a substantial retainer, but a 1% difference on a $150K refi is over $23K in interest over 30 years. That ain’t chopped liver.
Worse still he got a government motors loan lol.
Great line. Mind if I reuse it now and again?
First piece of advice: Don't take legal advice from anonymous people on the internet... ; )
That being said, with an issue of this type, the problem is often less legal, than practical. The consumer is on the phone with a poorly paid customer rep who, even if they completely understand the problem, is only empowered to select one of a limited number of options on the computer screen on front of them.
"Admit we screwed up, reduce that admission to writing, and send it off to credit reporting agencies" is probably not one of the options, so the customer rep is never going to be able to make it right.
A call, or certified letter, from an attorney will often get the problem "kicked upstairs" to someone who is authorized to do something that is not an option on the customer rep's screen.
It is a smaller credit union in my area. They did confirm the check was a cut check that is mailed to GM Finance. I will certainly be stopping by the branch tomorrow for said letter. My interest rate is such that it wouldn’t be worth it to refinance because I wouldn’t be able to take advantage of the lower rates available.
I was patient to a point with GM but now all bets are off.
If you can show when they received your payment and/or cashed your check, then they had your money on that date. The account number issue is irrelevant.
I tend to agree. My last name and address are clearly on the upper left hand portion of the check.
Thank you for the insight. I am completely miffed in this whole situation. I know they’ll eventually get it squared away but the fact that I was looking at saving money on my mortgage and with the closing so close right now I’m either out the appraisal fee and potentially others while this gets rectified.
Interesting though that my mortgage guy, with a larger bank, hasn’t helped with the credit bureaus, I’ve supplied him all the documentation but apparently these lenders are more interested in FICO scores. Another poster mentioned having direct numbers for credit bureaus to speak to a human yet my mortgage guy doesn’t have that info. Maybe I want to revisit my mortgage banker.
Not an attorney, an accountant. Four names to contact if they have researched the provided documentation you have and still deny payment: Chamber of Commerce, state Attorney General, your congressman/woman, and the Federal Trade Commission, in that order. They should, with the same documentation your provided to the debtor, make a simple phone call and fix the problem.
But require the debtor to produce for you a written letter signed by a representative of their company on their letterhead of their error and restoration of your credit rating and information. And you want it within 1 calendar month or you will start action toward recovery for their defame of your reputation and public image. Then if they don’t conform, pick a number high enough to make it worthwhile for a substantial lawyer and let them know you are going to get a full page article when completed. Do not tell them what you are going to put on that page. That’s none of their business as it doesn’t pertain to the case.
rwood
Why men don’t write advice columns...
Dear Walter,
I hope you can help me here. The other day, I set off for work leaving my husband in the house watching the TV as usual. I hadn’t driven more than a mile down the road when the engine conked out and the car shuddered to a halt. I walked back home to get my husband’s help.
When I got home I couldn’t believe my eyes. He was in our bedroom with the neighbours daughter. I am 32, my husband is 34, and the neighbours daughter is 22. We have been married for ten years. When I confronted him, he broke down and admitted that they had been having an affair for the past six months.
I told him to stop or I would leave him. He was sacked from his job six months ago and he says he has been feeling increasingly depressed and worthless. I love him very much, but ever since I gave him the ultimatum he has become increasingly distant. He won’t go to counselling and I’m afraid I can’t get through to him anymore.
Can you please help?
Sincerely, Sheila
Dear Sheila:
A car stalling after being driven a short distance can be caused by a variety of faults with the engine. Start by checking that there is no dirt in the fuel line. If it is clear, check the vacuum pipes and hoses on the intake manifold and also check all grounding wires. If none of these approaches solves the problem, it could be that the fuel pump itself is faulty, causing low delivery pressure to the injectors.
I hope this helps.
Walter.
Thanks everyone for the great advice. I’ve never had any instance of this trouble as I pride myself in being diligent with my finances. I really feel like they’re insulting or degrading me on the phone and I was at a loss for what to do. I think I have multiple avenues to hopefully get this remedied quickly and chalk it up to a learning experience.
I did change the online banking draft/check to reflect my account number in the memo area to hopefully resolve the problem moving forward. I’ll let y’all know how the outcome was just as quickly as its resolved.
Time for some rest, have a blessed night.
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