Hi everyone! I'm having a heck of a time trying to get a GMAC charge-off off my report. I defaulted in 12/1995, so it should be off the record by now. I have a copy of an old credit report listing my date as 12/95. Recently I pulled one and noticed GMAC changed the date of default to 12/02, putting this on my report for another seven years! I called GMAC and told them what was going on and they sent me an e-mail telling me they no longer have my records in their database. I sent a copy of this e-mail to experian and transunion, and TU deleted the entry but EXP wouldn't!! In fact, to make matters worse, Experian has "verified" that my charge off date was 2/2003!! Do you think I'd win if I sued GMAC and Experian? Should I send a round of certified letters before we file a lawsuit? Any information you could give me would be so greatly appreciated! Thanks so much! ih8GMAC!!!!
Wow, we've got to watch that company like a hawk. I just noticed that they re-aged a repo of my wifes. I have several credit reports from Experian and the repo date has been changing. I'm about to dispute it with them. Luke
I'd send one more round of certified letters to the EVIL EXP. This time include the e-mail AND the old credit report. If they fail to delete I believe you could nail the heck out of them in court. Do a search for Cousin v. Trans Union.
Thanks for the info. I don't have an old experian credit report but I do have an old TU. Do you think they'd accept that? Yes, they definitely need watching. I'm going to file a complaint with the Better Business Bureau. I've been dealing with some guy at GMAC named Dale in the recovery department. He basically told me he wasn't going to try to help anymore. That's crap, because all they'd have to do is delete my file from their computer. They have no paperwork to back anything up anyway. I'm going to call Monday and get Dale's last name. If he asks me why I'll tell them for the big fat lawsuit I'm about to file!
Was this for a GMAC auto loan? If so I know a person who you can contact at GMAC who will most likely be able to take care of this for you. I sued GMAC last year over bad reporting and they settled with me out of court. What they and the CRA is doing is highly illegal and I would send one more round of disputes to both GMAC and the CRA demanding that they delete this outdated and incorrect information immediately. After that second round I would quit playing games and sue them both, for deletion and violations of the FCRA....$$$$$$ Be forewarned, suing GMAC was the only way I got any satisfaction out of them and their lies, so my advice is to be prepared to sue both GMAC and the CRA if they do not comply! Tac
You guys are really great! Thanks for all your responses! What a great help! I'm not sure how they verified it. I'm going to call Ex tomorrow and ask for the name and address of whoever they verified this with. Yes, it was for the GMAC Smart Lease. That would be great if you gave me the name of a contact over there. This Dale guy I spoke to was a real piece of work. I am prepared to sue but wasn't sure if I should attempt one more round of letters. I said yes, my fiance said just sue. Tac, if I'm not being too personal, can you give me a ballpark of what you sued for and what they settled? It'd be nice to know what the end result could be. If you don't want to divulge, that's okay. Here's a copy of the letter GMAC sent me: Dear XXXXX, Thank you for contacting GMAC Financial Services. I am unable to locate your account. Accounts that have been Paid-In-Full for more than two years are often purged from our customer database. Account information is withdrawn from GMAC by the credit bureaus, each month, via tape-to-tape transfer. This information is then used by the credit bureaus to update your credit report. In order to correct any errors regarding this account, please contact the credit bureaus to file a dispute. GMAC reports to the following: Experian (Formerly TRW) www.experian.com 1-888-397-3742 P.O. Box 9595 Allen, TX 75013 TransUnion www.transunion.com Credit reports - 1-800-888-4213 Customer Service - 1-800-916-8800 P.O. Box 2000 Chester, PA 19022 Equifax www.equifax.com 1-800-685-1111 P.O.Box 740241 Atlanta, GA 30374 Sincerely, XXXXXX XXXXXXXX GMAC Service Specialist 02/13/03
We may find that the actual problem lies within Experian. We have a GMAC smart buy that has all of a sudden been reported as an early termination/defaulted on contracted. Neither is true. I have been on the phone with the Dallas office on and off for two weeks. They say they are not "seeing" what Experian is, and have faxed them over UDF's to correct, which have been ignored. Dallas is telling me the same thing - they communicate computer to computer. I as well am only having a problem with Experian reporting it incorrectly. I have written GMAC last week that they need to fix it or delete it. IMHO its not my problem that Experian can't interepret their data. The two of them need to duke it out. Not me. I'm probably going to have to go higher up in GMAC to get this resolved though.
Re: Re: Help! GMAC lies!! I disagree. It appears GMAC is at least TRYING to do something to fix this matter. I'd pester GMAC for for a copy of that UDF to send to the EVIL EXP. Once the EVIL EXP recieves the UDF and if they fail to correct the information. Then you can nail them. If you try to go after both EVIL EXP and GMAC your going to have a time trying to prove who did what. How are you going to assign blame to calculate the damages? By sending the UDF to EVIL EXP your taking another factor out of the equation and can focus all your attacks on the EVIL EXP.
Re: Re: Help! GMAC lies!! For GMAC auto credit problems contact, GMAC Credit Manager Russell Ghoston @ (215)957-3460. I am sorry I cannot detail or reveal the amount I settled out of court with them due to a confidentiality agreement. I can only say that I lived mortgage free for a couple of months thanks to GMAC. Your own results of course may vary. Good Luck! Tac
Re: Re: Re: Help! GMAC lies!! I had the typewritten UDF. Since EX communicates via computer with GMAC, I can prove it happened, they can prove why they shouldn't be blamed. Its the same theory as lawsuits that name everyone and their brother. Let those that shouldn't be included prove why they aren't at least partially liable. Ex- An officer with the Dallas PD was killed when a Ford squad car was rear-ended and exploded. The family is not only suing the driver of the other car but Ford as well.
Re: Re: Re: Help! GMAC lies!! I've been searching this site, but I haven't had the time yet to read all the results--what's a UDF? (Obviously I'm a newbie!) Thanks!
DH had a lease with GMAC too. While I think GMAC are bunch of idiots, I think the EVIL EXP are bigger idiots. IMHO, I would request a description of the procedures used to verify the GMAC account with EXP. EXP has been known to verify **the unverifiable**. From my experience with GMAC, they verified the numerous lates on dh's closed account for awhile, maybe a year or two. But after **about** two years, I called GMAC, and they said dh's account information was deleted from their records, they could not give me a history. Which was my cue to dispute with the CRA's again. All three updated to never late (this was before the CRA's just deleted the entire account if the creditor did not respond). Very suspicious that EXP verified the GMAC account. I would look to point the finger at EXP........
Re: Re: Re: Help! GMAC lies!! Universal data file. Creditors submit these to CRA's to update an account on someone, usually done electronically.
When I talked to GMAC over the phone, they did say they had some notation in their computer that the chargeoff date was October 1996, but they couldn't find any papers at all to verify that. The one department I talked to that had 10/96 in their computer said that was the date they were reporting, (even though it should have been the original 12/95 when I defaulted) and they did say they didn't know why EXP was reporting that. Maybe it would be good to just sue them both *IF* GMAC refuses to send me the UDF. I think each one is going to point the finger at the other, all the while making it look like I defaulted last month! I will definitely call Evil Ex on Monday to find out how on earth they could have possibly verified that. Then I can ask the poor sap at the end of the phone if they even bothered to look at the copy of the e-mail that I had mailed them, saying that GMAC had no records. I will never get another GM car. EVER. Lifelong boycott! Although they'd probably be happy about that.
Ih8credit, you will probably be able to get this account deleted without having to go to court. BUT, you never know. When dealing with CRA's and creditors, keep records and paper trails, just in case. Send your request to EXP for the description of procedures used to verify by CCCR. Requesting a description of the procedures used probably won't get you a deletion, and EXP usually gives useless BS in this request, but if you had to go to court, you will need this as part of your paper trail. Here is one I have used, which is based on Christine's at Bayhouse: Experian, P.O. Box 9595 Allen, TX 75013-9593 Report Number: XXXXX July 12, 2002: To Whom it May Concern: 1)Request for description of procedures used to verify: XX, account #XXXXâ?¦ a) You verified this account in 7/2002. Please provide your verification procedure: Who you verified with, How this items was verified, and When you verified this item? Please provide the business name, address, telephone number, and the name of the individual employed by the above address that contacted Experian in regards to this investigation. b) How did Experian arrive at the conclusion this account was paid late on such and such dates..... I am disappointed that you have failed to maintain reasonable procedures to assure complete accuracy in the information you publish, and insist you comply with the law by providing the requested information within the 15 days allowed. As already stated, the listed item is inaccurate, and is a very serious error in reporting and needs to be deleted from my credit profile. Additionally, please provide the name, address, and telephone number of each credit grantor or other subscriber. Sincerely, BTW, you can dispute again with EXP with or without a description...... But EXP has a tendency to CUT YOU OFF after two investigations. If EXP were to verify this account again in a second investigation, and GMAC refuses to delete, your paper trail could come in handy.
Thanks for the example letter. I've been working on one based on yours and I have this. What do you think? I'm such a novice at all this. One day when I'm on the other side I vow to be a help to others, to pay back all the help I'm getting from you all. To Whom it May Concern: I am writing for a request for description of procedures used to verify GMAC, account #XXXXâ?¦ I have spoken with GMAC myself and sent you the correspondence Iâ??ve received directly from them stating they are unable to verify that this information is correct, yet you still refuse to delete this inaccurate listing. You verified this account in 2/2002. Please provide your verification procedure and the business name, address, telephone number, and the name of the individual employed by the above address that communicated with Experian in regards to this investigation. As already stated, the listed item is inaccurate. I am enclosing a second copy of this statement from GMAC stating that this listing is wrong. You are making a very serious error in reporting should you continue to publish this inaccurate information about me. Please delete this listing from my credit profile immediately. Otherwise I will be forced to sue you for damages resulting from your unfair credit reporting practices. While I prefer not to litigate, I will use the courts as needed to enforce my rights and protect my name from being falsely libeled. Sincerely, Experian Hater
Your letter should be fine Ih8credit....I would also add when was it verified. Wait a week or two and then dispute again with EXP.... Good Luck!
Also....I wouldn't send the GMAC letter to EXP for a description of the procedures, you aren't asking them to investigate, you are requesting they provide you info. on how they verified your first dispute. I would save the letter for your second dispute with EXP.
