You bought a government motors car?
Not a lawyer but your bank statements will shoe the amount paid and by whom it was cashed.
Should be enough proof for the big reporting companies.
I’m sure there are people who straighten things like this out for a fee.
Have you now been credited for those payments?
I am not a lawyer, but perhaps there is one more thing you can try, which might resolve the problem, which is the ultimate goal anyway.
I would try to go up the chain at GM Financial, talk to a manager and his manager, they may understand and correct the problem. They can send a note to the credit agencies too, to cancel the negative report on you.
I usually do this and it works most of the time. At least try it, before starting with an attorney.
Good luck.
I’m NOT an attorney NOR do I play one on TV but most any “general practice attorney” should be able handle this relatively simple issue & W/O much $$$$$$ or hassle.
My own lawyer, from my little NE Texas town, once fixed a similar problem at GMAC with a phone call & followed it with a letter (for which he charged me 50.oo), that DEMANDED that the company admit their error & “clean-up” my credit report. - He then billed the finance company for his fee & so I ended up owing him ZERO.
After that is done (and NOT before) consult a SLANDER/LIBEL practitioner & follow his/her advice on the need for a civil action at law.
Yours, TMN78247
Neither a borrower nor a lender be ...
If you are paying electronically why are checks involved anyhow. I have a vehicle loan that involves a monthly direct pay via my checking account; but to do that you automatically need the routing number and the checking account number just to pay it. How can the bank release money without the necessary information and how can a finance company receive same funds without that information?
Try going to https://ficoforums.myfico.com/.
Fantastic and knowledgeable people there who can at least point you in the right direction.
Lay your case out in the forums. You’ll be rewarded with helpful responses.
Good luck.
I am a mortgage banker and have seen thousand of credit reports over the decades. With the supporting documentation that you have, you should be able to get the credit companies to get it straight. By the way I have the double secret phone numbers for Experian, Equifax and Trans Union that will connect you with a live customer service rep. Send me a Freepmail and I will get the numbers for you tomorrow when I get to the office.
DEMAND AN INDEPENDENT AUDIT OF YOUR ACCOUNT:
According to the Association of CPA’s, an audit is a systematic and independent examination of books, accounts, statutory records, documents and vouchers of an organization (non-profit or publicly-held) to ascertain authenticity of financial statements as well as non-financial disclosures and to cod ify that the account presents a true and fair view of the issues at hand.
An audit also attempts to ensure that the account is properly maintained as required by federal and state law. The auditor perceives and recognises the issues, and conducts a examination, obtains evidence, evaluates the same, and formulates an opinion on the basis of informed judgement which is communicated through an audit report.
Issues such as soliciting depositors, collecting fees for service, billing procedures, and the detailed reporting of these issues. This includes the federal government, state government, the SEC, Banking oversight agencies, ERISA, insurance and other liability companies.
Areas commonly audited include: compliance audits, internal controls, quality management, project management, and collection and disposition of public monies. As a result of an audit, principles and stake-holders may effectively evaluate and improve the effectiveness of risk management, control, for the edification of the relevant federal and state governance agencies and taxpayers with a financial stake in the subject matter.
Financial audits are commonly performed to ascertain the validity and reliability of information, as well as to provide an assessment of a system’s internal control. As a result of this, each party can have an accounting given on financial statements based on on the audit evidence obtained.
Due to constraints and limitations that might be placed on the auditor, an audit seeks to provide reasonable assurance that the statements are free from material error. In the case of financial audits, a set of financial statements are said to be true and fair when they are free of material misstatements – a concept influenced by both quantitative (numerical) and qualitative factors.
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Specify that copies of audits are to be provided to federal and state governments, the SEC, the FCC, investors, including banking, legal oversight agencies, liability companies and other oversight agencies, and officials of the state and federal government deemed stakeholders in the resultant financial accounting.
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Mention that the Bank has profited from the use of the “float” in your account; monies you regularly deposit in large amounts until bills submitted are cleared.
Banks also profit from Fractional-reserve banking practices-----accepting deposits, and making loans or investments, while holding reserves at least equal to a fraction of the bank's deposit liabilities.Reserves are held as currency in the bank, or as balances in the bank's accounts at the central bank. Fractional-reserve banking is the current form of banking practiced in most countries worldwide.
1. Letter to Attorney General of your state
2. Letter to Howard Clark
3. Cc: CEO OF FINANCE COMPANY
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.
There are no checks with electronic payments.
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’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.
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.
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