Posted on 07/01/2019 5:19:13 PM PDT by TermLimits4All
I have a dilemma I need some advice on from the Legal Eagles on our forum. I have an auto loan account with GM Financial for a vehicle. I pay this electronically through my banking institution monthly. GM financial sent me to collections and dinged my credit reports saying I was 30 days late, now 60 days late. I have provided all necessary documentation showing I've sent those payments on time, bank statements and cancelled checks. Seems to me the problem was my banking institution didnt put the account number on the checks anywhere. This caused them to cash the checks but not credit my account as they should have. I wonder how many people with my last name and address have accounts with them. They should have just looked at the name on the checks to see where they should credit the funds.
The problem I'm facing is they told me they couldn't provide a letter stating I haven't been late nor inform the credit reporting company of their error. I threatened legal action since I have documented proof of the payments made and cashed. What options do I have with regard to recourse on this institution? This has severely impacted my credit score, Its also affected a rate on a refinance of my home. If they are not willing to fix this error I would expect they're liable for damages to my reputation and character along with the impact on my refinance.
Help me out here as I looked at credit attorneys but seems they are all bankruptcy attorneys. I dont know what to do.
I have disputed these errors with the credit bureaus already.
Tell us. Which car would YOU recommend?
Borrow or lend away, as required/desired...
GM card used to offer huge discounts on new GM cars.
If the “banking institution” or CU’s “electronic” bill pay service doesn’t have a direct electronic link with the payee then they cut a check and mail it...that is why I don’t use my CU’s bill pay service...I go directly to the biller and use their “auto-pay” service...either out of checking or via CC. Am down to one bill that I have to deliver a check to (city utilities)....their “e-pay” service charges a fee to pay online.
I have a good friend who is a consumer reporter for the local Fox affiliate. People contact him with these types of problems and he goes to the source with a camera and microphone. The problem gets handled shortly after. Does your town have a consumer reporter who helps with these issues?
The transfer of funds should show on all records and your account should be tied to the loan/lease...along with your name...your name might not appear on the electronic transfer for security reasons but I’d imagine it might still appear.
Start low and request talks with managers, their managers, their managers, etc., as you scale the ladder...
I certainly think your credit union has some responsibility to you as a customer, if not necessarily legally. If you are enrolled in their “bill pay” service, then I should think they have some obligation to pay the bills in accordance with your instructions. They ought to be doing at least something to make this right.
In some cases it is actionable when companies negligently damage your credit rating. This might be one. Others on this forum might chime in.
What’s worse is that borrowing dulls the edge of husbandry!
You dont need an attorney for this.
Get a call recording app for your phone. If you live in a one party state, you dont need to tell them you are recording. If the eroding you get tells you the call is or may be recorded, that constitutes their agreement for you to re odd them. Trust me; this helps later on.
Inform both the bank and GM finance, in writing, that if they fail to fix their problem, you will sue them both for financial fraud. It is a simple process you can do on your own. In your phone call, you can remind them that you know they are going to have to spend a couple of thousand dollars just to get an attorney to show up.
As one person suggested, when you make your next phone calls to the bank and GM Finance, just keep asking to speak to that persons supervisor. Two or three levels up, that person will not want to be bothered with your situation and tell you that it will be fixed. At that time, 2-3 days and it will be resolved.
Cant tell you how many times Ive used this strategy for similar situations. Ive had times some company wanted me to pay a bill I didnt owe. Send them a letter telling them youd be going to court and they could plan on spending many thousands of dollars on attorneys because I would turn the situation into a hobby.
It works even better if a major company tries to refuse to honor a warranty. Takes a few calls and explanation of the realities of life, but I always got full refund with a few days.
So an update to the GM Financial fiasco as of this morning. Of course they are not willing to admit fault on their error. They have acknowledged receipt of my payments and said that those payments were credited to my previous (Closed) account. They are working on correcting this issue but said the credit reporting may take up to 60 days to correct.
I questioned them on why they would apply a payment to what is supposed to be a closed account and they said because the checks didn’t have an account number on them. I again stated that the previous account is closed so why would they credit a closed account, no answer to that question. I explained that I have never had two open accounts at any given time with exception of maybe a month overlap while the dealer submitted payoff to the previous account. Again I said why would you credit a closed account, no answer to that.
I told them I am in the process of refinancing a home and need this corrected asap. Was told to expect a phone call back shortly. I have never received a phone call from this company regarding any late payments and never received a phone call back when I was told I would within a 48 hour window.
The person I spoke with today, still waiting on a return call, was going to transfer me to a supervisor but he all of a sudden had to go to a meeting. So this person said she would call me back.
SO up to 60 days to wait before I refinance to the lower interest rate, a lot can happen in 30-60 days in the mortgage industry.
I will be requesting a letter on letterhead detailing that they credited a closed account inadvertently and are in the process of reapplying my on time payments to the correct account number and reporting the correct status to the credit bureaus accordingly. I will also be requesting that they eliminate the late payment fees added to the account due to their error. Anything else y’all can think of that I should request?
credit card companies due this all the time when they change your account number for your protection.
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