     Madelyn (Madelyn) | Wednesday, August 30, 2000 - 07:42 am 
I am going to warn everyone who starts reading this that it is kind of long. I do think, however that it covers a a topic that many readers will be interested in, HOW INFORMATION IS VERIFIED. I have three 30-day late payments showing on my credit reports from GMAC for a car loan I took out in 1991 and paid off in April of 1997. My Transunion report has no dates for these payments. The Experian report has 3 dates listed all less than 7 years ago, the most recent one is 2/97. I have records showing that I was late on a payment on 12/92. I don't believe that I was late on these other days. (The late payments DID appear on my Equifax credit report, but when I disputed to them, they took the late payments off.) I disputed to both Experian and Transunion and the lates came back verified. I then called GMAC (this am) to find out what was up. They told me that their computer shows that I was late 30 days 3 times in the course of the loan period but that once an account is paid off with them, THEY DELETE ITS ENTIRE PAYMENT HISTORY. Therefore, they could not tell me the dates of these lates. In the words of the GMAC rep, "the burden of proof is on you to prove that you were not late." Well, being a fully informed consumer :-) because of these boards, I know that the burden of proof is on THEM to prove that I WAS late. I ask to speak to the supervisor, (Pat) who basically tells me the same thing. I tell her, no ma'am (very nicely and politely) you need to provide the dates of these so-called late payments or the information is unverifiable in accordance with the FCRA. Besides, Pat, if you don't have the dates of these late payments, how would I or a potential creditor know if they are more than seven years old or not? This goes on and on until Pat tells me that obviously she knows what she is talking about since she works for the Honorable GMAC who has been in business for 90 years and has financed millions of vehicles. I then very politely ask her to see that these payments are removed from my credit report, and she very politely says no. I then think to myself, well, I'll just call Experian right now! When I tell them that GMAC has no record of my payment history, why they will just say, okay, we'll take care of that right now! No such luck of course, and no such luck finding out the status of my dispute that they have had since June 30 and lost (which they promise they will get back to me on in about an hour.) Anyway, the woman on the other end of the line (who was actually quite nice) states that gee, she would think that if they can't provide the dates that the dispute couldn't really be considered verified, but since GMAC has verified the information TWICE already her hands were tied. So here's the million dollar question...for a dispute to be considered VERIFIED by a creditor, must the dates of these payments be verified? Help?!?!? |
| Erik (Erik) | Wednesday, August 30, 2000 - 08:40 am
I would try writing Experian again and requesting proof of the late payments. |
| Michael Bardelli (Bull22) | Wednesday, August 30, 2000 - 10:16 am
I would write to GMAC myself formally asking for the dates for the late payments. This does two things. One, it keeps you from wanting to strangle "Pat". Two, it gives you a WRITTEN verification (or not) of the lates in question. If they cannot provide, tell that info to Experian. If they don't budge on the issue and you need your credit cleaned up, have a lawyer send a letter to GMAC asking for the lates. I guarantee that they will either cough up the info or will remove. If that doesn't work, then sue the CRA's and GMAC for violation of the FCRA and punitive damages suffered for their LACK of record keeping and unwillingness to budge on the issue. Sue also for defamation of character. They are defaming you by ruining your "credit" reputation beyond what was actually nessessary.
Best of luck.
Mike |
| Shylock (Shylock) | Wednesday, August 30, 2000 - 04:38 pm
I would write GMAC and ask for them to confirm everything you discussed with Pat in writing -- namely that your payment history is deleted and just summarized by the "late 3 times" notation. |
| Scott (Scott) | Wednesday, August 30, 2000 - 05:40 pm
Get a lawyer. Sue them. You've done everything you're supposed to do. |
| Amy Duncan (Amydd) | Wednesday, August 30, 2000 - 05:55 pm
I wonder if you could send the cra a letter saying your records show the dates of the late payments were say 01/93, 03/93, 11/92 (all over 7 years old). When they verify with gmac, gmac will either have to dispute those dates or verify. If they dispute, wouldn't they have to give the correct dates. If they verify, they are over 7 years old and need to be removed. Of course, I would like to see you sue and get that outrageous policy of gmacs changed |
| Shylock (Shylock) | Thursday, August 31, 2000 - 04:20 am
Scott I think you need to be more realistic in what to expect from a lawyer and in a person's ability to sue for recourse.
As I'm sure I've mentioned elsewhere Citibank doesn't report the credit limit on my credit card. The Fair Credit Reporting Act requires everything on my credit report to be "accurate and complete." Obviously this entry is not complete.
When I disputed it with Experian I got an explanation back "Citibank no longer reports the credit limit." This is an admission by Experian that the item is not complete and that they have no plans to delete the item or to force it to be complete.
I contacted an attorney in my area that specializes in credit lawsuits and he told me that if I'd fork over $10,000 he'd get right to work on the case. He said that unless you've been foreclosed or something there is rarely money in it enough to tempt a lawyer.
So I went to Amazon.com and got a book on how to file your own lawsuits, but it is woefully inadequate. I do not understand how to properly draft the complaint and I don't understand where to serve it anyway.
Your suggestions that everyone who has been wronged 'get a lawyer and sue' are easy to say but hard to do. |
| Scott (Scott) | Friday, September 01, 2000 - 09:48 am
Finding a good lawyer is a challenge, I agree. However, if more of us did it, and it began to impact the bottom line of their (the CRA's and the credit grantor's) business, they'd change tactics. |
| Shylock (Shylock) | Friday, September 01, 2000 - 09:00 pm
Ok then, Scott ... why don't you front me the $10k and I'll go for it. |
| Scott (Scott) | Saturday, September 02, 2000 - 11:20 am
Hey - you're the "Shylock" right? Business not doing well enough? Besides, I'm not sean - I don't have money to loan out, especially to the likes of you. |
| Shylock (Shylock) | Saturday, September 02, 2000 - 07:19 pm
Well until you get ready to put your money where your mouth is... |
| Zachary1 (Drcredit) | Sunday, September 03, 2000 - 09:00 am
I really wish you all tone it down a bit in this forum -- all these useless pi$$ing contests while Christine is gone is not useful for anybody. |
| Zachary1 (Drcredit) | Sunday, September 03, 2000 - 09:01 am
I really wish you all tone it down a bit in this forum -- all these useless pi$$ing contests while Christine is gone are not useful for anybody. Sheesh already! |
| Scott (Scott) | Sunday, September 03, 2000 - 10:50 am
Shylock: No, you want me to put my money where YOUR mouth is - and for what? I HAVE put my money where my mouth is. You can do for yourself, obviously, since you're the "Shylock" right? |
| Shylock (Shylock) | Tuesday, September 05, 2000 - 06:09 pm
I said 'front' me the money, not give me the money. I'm open to a reasonable rate of interest. |
| Michael O'Kane (Mokane) | Wednesday, September 06, 2000 - 07:33 pm
$10,000? I hate to post, but that's a ridiculous fee. I have twice sued Experian and Equifax, it's not that difficult. I can either send or post copies of what you need to file. You would have to customize the documents for your own state.
Is there any interest?
email me if so. |
| paule (Paule) | Thursday, September 07, 2000 - 06:58 am
I am having problems with GMAC as well, and can not find there mailing address. Does anyone have current address for GMAC? The one I did use in OK City came back as forwarding order expired. |
| Shylock (Shylock) | Saturday, September 09, 2000 - 08:29 am
Michael:
From the FCRA section 611(a)(5)(A) it says:
...If, after any reinvestigation under paragraph (1) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or cannot be verified, the consumer reporting agency shall promptly delete that item of information from the consumer's file or modify that item of information, as appropriate, based on the results of the reinvestigation.
Accordingly I feel that my Citibank account, with the no credit limit notation, is clearly incomplete and should be either corrected or deleted.
Instead Experian has sent me a report, which I have in my hand, that simply says: "Citibank Mastercharge: We no longer report the credit limit."
Basically I consider it an open and shut case. There is no point of either fact or law to consider. I would greatly appreciate you post whatever you have about how to sue pro se. I purchased a book on the same subject from Amazon.com and it was a waste of my money. |
| Mamie Beatrice Richburg (Princess595) | Sunday, September 10, 2000 - 02:52 pm
Heres GMAC address that I have"
GMAC Processing Center
P.O. Box 70309
Charlotte, NC 28272-0309 |
| paule (Paule) | Wednesday, September 27, 2000 - 06:55 am
Does anyone know if the address above is a good one to direct disputes to?
I can not find any local offices in Oklahoma |
