one 30day late!!!!! cant get it delete any help hi i paid my car off last month, but after checking my credit they put 30days late in june! but after research, they informed me my payment was due on 1st of each month, i paid on the 30th of (that) month which was 29 days late!! with credit card over the phone (never again) because i paid with credit card, and it took 2days to process meaning they got paid 31days they said it was 30days late when in fact i was only 29days late, im disputing it with all three cra but (westlakefinancial) keeps saying they are accurate?p.s. NEVER finance with (westlakefinancial) you pay interest only for the first 2 years!!!
one 30day late!!!!! cant get it delete any help So if they had taken 32 days to process it, would it have been 60 days late?
one 30day late!!!!! cant get it delete any help File a BBB or state AG complaint against them. Presumably they got some late fee anyway as monetary compensation for getting their money 30 (or 32) days late. Is reporting a payment as late due to their own 2 day processing time really worth it to them? Or are they just trying to keep you as a sub-prime borrower and future customer?
one 30day late!!!!! cant get it delete any help Hello everyone, real quick I have been to west lake offices out here in los angeles and have seen their operation. I must say for a subprime lender they have their stuff together. So lets see.... you paid you car 29 days LATE and they reported it to the CRA because of the two day prcessing time. Funny thing is, they (and most banks) give you a 10 day grace period before they start charging late fees and stuff like that for this exact reason (payment processing) So in my opinion they are completely in the right to not only collect a late charge and report your account 30 days late. Now thats not why we are here... we are here to get our credit better so here are a few ways to do it. 1. If you made all of your other payment on time call and ask them to remove the listing as a one time courtsey. they should have no problem. 2. If that is your only late payment with them I am guessing your loan as no more than 42 maybe even 48 mos one late probally wouldnt kill you. 3. you can always have it investigated but let me tell you, for every account there are a minimum of 4 people assigned to your account. from the person who approved your loan to the rep for your dealer to a collection specialist and some other support staff. Each one of these people have access to ALL information regarding your account and when there is a late payment they all know about it. when you are about to do something they know about it... so if you investigate it they all know about it and will be able to verify all information. anyway hope this helps.
one 30day late!!!!! cant get it delete any help And about filing a complaint with the bbb... that only works for companies that care about stuff like that. These guys have a certain market and the people that use them typically don't care if they have complaints at the BBB because they are usually so desperate and will just be thankful to get a car loan.
one 30day late!!!!! cant get it delete any help hi just got my experion credit online report, they change theres to paid as agreed never late, on my westlake account, i do not have 30days late, now let me work on equifax, transunion? thank you people!!! and yes i only have one 30days late on a 14 month contract with them, and they stated,they will not change it.
one 30day late!!!!! cant get it delete any help The CRAs report only 30 days, or paid as agreed. 29 days is not 30 days, and is therefore arguably erroneous. Data furnishers have a duty under law to report only accurate information if and when they choose to report. Creditors also have a duty under law to process payments promptly, and to not penalize consumers for delays in their processing. A number of creditors, both CC companies and mortgage lenders, have been heavily fined for receiving customer payments timely, but sitting on them for days or weeks and then charging late fees based on when they were processed, not when they were received. Such actions were deemed fraudulent. For example, see FCBA, which applies to revolving (CC) accounts: "Other billing rights Businesses that offer "open end" credit also must: ... credit all payments to your account on the date they're received, unless no extra charges would result if they failed to do so. Creditors are permitted to set some reasonable rules for making payments, say setting a reasonable deadline for payment to be received to be credited on the same date; ..." http://www.ftc.gov/bcp/conline/pubs/credit/fcb.htm The creditor may process the payment later than the date payment was received, but may not add extra charges due to that delayed processing. If your disputes on the other 2 CRAs resulted in correction, it's likely the third will also. It's not worth other people's time over 1 day difference, even if it is worth yours. You get what you settle for. If they don't cave, file a complaint with your state AG, since the late is a direct result of their delay in processing. If you were in their shoes, what would you do? Tell some assistant AG the consumer paid by CC on 29 days, but because you didn't process it until day 31, he's reported late? Or lie, and say your records show payment was on day 31, when your explanations to the consumer were that it took 2 days?
one 30day late!!!!! cant get it delete any help As an example of a lender not posting payments promptly, see the following. Note that this is not a revolving credit lender subject to FCBA, but a mortgage lender, still subject to FTC Act, and FCRA: http://www.ftc.gov/opa/2003/11/fairbanks.htm "For Release: November 12, 2003 Fairbanks Capital Settles FTC and HUD Charges Agencies Allege Fairbanks Engaged in Illegal Practices in Servicing Subprime Loans; Defendants Will Pay Over $40 Million for Consumer Refunds ... FTC Act Violations The FTC alleges that, in servicing loans, Fairbanks frequently: failed to post consumersââ?¬â?¢ mortgage payments in a timely and proper manner, and then charged consumers late fees or additional interest for failing to make their payments ââ?¬Å?on timeââ?¬Â; ... Fair Credit Reporting Act The FTC alleges that the defendants furnished information about consumersââ?¬â?¢ payment status to consumer reporting agencies when they knew or consciously avoided knowing that the information was inaccurate. Also, when consumers informed the defendants that they disputed the reported information, the defendants did not report the dispute to the consumer reporting agencies."
one 30day late!!!!! cant get it delete any help thanks ontrack, i will be keeping you updated, let me work on this thanks!!!!
one 30day late!!!!! cant get it delete any help You hit it on the head... making payment promptly... for example payment due date is the 1st and you make the payment on the 1st or a few days before them thats prompt. Banks usually give you a 10 day GRACE PERIOD which they don't have to do when making payments. Now if your payment is due on June 1 and you dont make your payment until June 29 that is hardly timely. Either way I am glad to hear that exp is current. Hope the other two work out for you.
one 30day late!!!!! cant get it delete any help I would agree that making payments promptly is wise, however, it's either 30 days late, or it's not 30 days late. 1 day late is not 30 days late. 29 days late is not 30 days. Furthermore, if the grace period is part of the terms of the loan, then the lender is bound by them. If payment within the grace period is to be considered on time, then that is not just by choice of the lender, it is a term of the contract that both parties agreed to. If it's not 30 days late, the CR shouldn't say it is. If it does, the reported data is erroneous. If the borrower has authorized payment, what legitimate reason does the lender have to report the payment late to other creditors when the delay in processing is by the lender's choice? Payment by phone, by credit card, is made to make payment promptly, to the benefit of the lender. The borrower cannot waive their right to have the lender report accurately, even if this is allowed by the terms of the loan, as this requirement on the lender is federal law. Data furnishers have the legal obligation to report accurate information. Credit reporting agencies have the legal obligation to maintain systems to ensure they are providing accurate information to their customers. If data furnishers verify that information on CRs is accurate when it is not, they are reporting inaccurate information. If you don't draw the line at the clear meaning of the law, where do you draw it? Anyone could make up their own rules, and the law would have no meaning at all. If all lenders are obligated under law to only report as 30 days late payments that are in fact 30 days late, but one lender just decides for them 29 days will be reported as 30 days, they have decided they have no obligation to comply with the law. Responsible lenders and responsible borrowers should both act in good faith to comply with both the law and their obligations under the terms of the loan. This includes both timely payments, timely crediting of payments, and accurate reporting of payments. A lender obtains an unfair commercial advantage by reporting false negative information, as that may allow them to lock a consumer into their existing loan terms, or any refinancing of that loan, knowing that other lenders will likely offer poorer terms due to the information they are reporting. Existing automated scoring systems, which are used as the basis for most consumer loan decisions, are not sophisticated enough to consider the reliability or accuracy of the reporting sources when computing consumer credit scores. They assume all reported information is equally accurate, which presumes that erroneous reported information can be corrected by the consumer, as required by law. The reporting issue is entirely separate from what compensation is built into loans for payments received after the due date. The lender can ensure payment for their cost of money on payments 1, 10, or whatever days late, if they provide for that in the loan, and if the borrower has paid it, they are in compliance with the contractual terms of the loan. The terms of the loan cannot, however, override the legal requirements of state and federal law regarding reporting to CRAs. By complying with law, the lender obtains protection from possible legal action for libel, and by failing to comply, they expose themselves to legal action under FCRA.
one 30day late!!!!! cant get it delete any help You may argue that a difference of 1 day is not significant. In the case below, Citibank decided to settle with class action attorneys for failing to credit customer payments on time that they treated as late by hours: http://www.strangeandcarpenter.com/pdf/citibank.pdf We live in a world where anyone's actions can come under the spotlight of public scrutiny. If you are a business, whether your position can be arguably justified may be less important than how it appears. If the costs of winning, both monetary and in terms of public good will, exceed settling, it no longer matters whether you think you are legally right or wrong. In the court of public opinion, appearances matter. If you are in business for the long run, the business golden rule, "Do right by your customers", still applies.
one 30day late!!!!! cant get it delete any help UPDATE!!!!! EQF,TU stated they will not dipute this item anymore, only with court papers or a letter from original crediter, with with (LETTERHEAD) stating I WAS NEVER LATE IN THAT MONTH,AND I PAID AS AGREED, ALSO AFTER CALLING WESTLAKEFINANCIAL , THEY STATED I WAS LATE IN JUNE 2005 WHEN IN FACT MY CREDIT REPORTS STATE, AUG 2005, EVERYTIME I CALL WESTLAKE, THEY CAN GET THERE SH-T TOGETHER!!!! AND THEY PERSONALY TOLD ME THEY WILL NOT CHANGE IT,EVEN THOU IN THERE WORDS I WAS LATE 1 TIME ON A 15 MONTH CONTRACT!!!!!!AND CAR HAS BEEN PAID IN FULL!!!! THIS SUCKS BIG TIME!!!
one 30day late!!!!! cant get it delete any help It costs them nothing to say no, and they don't think it is worth it for you to do anything. They assume you are a rational, docile consumer, not a nutcase, and that they are close enough to right to blame you. They are playing poker with the assumption of no downside risk, if they even give it a second thought. Change that. File a BBB complaint, which makes it visible to others as a complaint that they have either responded to and resolved or not, and complain to your state AG. Even saying no starts costing, and saying yes starts looking cheap to whoever has to waste his time. If they don't care about their BBB record, they should happily live with a negative one, just as they think you should happily live with your "30 day late".
one 30day late!!!!! cant get it delete any help From their BBB report: No. of Cmpl Type of Response 3 Making a full refund, as the consumer requested 1 Making a partial refund 219 Agreeing to perform according to their contract 3 Refusing to make an adjustment 19 Refuse to adjust, relying on terms of agreement 105 Unanswered 1 Unassigned Company Rating: F
