Legitimate 30 day lates!

Discussion in 'Credit Talk' started by author_22, Nov 14, 2001.

  1. author_22

    author_22 Well-Known Member

    My mom has two auto loans with the same lender, Toyota. She was 3 days late about 19 times combined on both loans. They have 30 day lates down.

    Technically these could be legit reports. How can we write a letter to the company that will get them to see this is harsh, remove them, but not alienate them?

    Hopefully someone can provide a sample, which I'll use as a guide. Those who have my IM names feel free to IM me, and my email is turned on too.
     
  2. KHM

    KHM Well-Known Member

    If they were only THREE days late and they reported them 30 days late, personally I would start emailing or writing and calling to Toyota. This is what I did with Ford. The squeaky wheel gets the grease if ya know what I mean. Try to PFB them as well. That way your chances of getting someone to contact you, who makes a little more than $5 an hour, is better. It will also help if you have the cancelled checks. Try to do a search of Lizardkings letter to his auto finance company, I wanna say it was back in April or May.

    Kellie
     
  3. Serenity

    Serenity Member

    I think this may be Lizardkings Letter:


    April 10th, 2001
    Auto loan company
    address
    city state zip

    Attn: John Doe

    Notice of Intent to File a Lawsuit (<--- bold type)

    Mr. Doe,

    I am writing to you about a problem we have. Mr credit report is showing late payments for an auto loan. The loan number on my report is 00000000000. This is completely unacceptable to me.

    I have spoken with Jane Smith and she referred me to you to clear this up. She was completely unhelpful with my request that these late payments be deleted.

    I don't mean to be too aggressive with this notice, but I have found that getting straight to the point often saves a great deal of time. I apologize in advance for the overall nature of this letter and the threatening tone. I am only looking out for my interests and it in no way is personally directed at you.

    It is my intention to file a lawsuit against (auto loan company) in this matter. This lawsuit will be filed on April 25th, 2001. I will be filing for defamation of character and violation of the Fair Credit Reporting Act. I will also be naming Jane Smith and John Doe in the complaint. Please be aware that violations of the Fair Credit Reporting Act allow the plaintiff to seek punitive damages in either state or federal court. Since the contract for the loan was for an automobile purchased in Florida, this allows me to file the lawsuit in Florida county court. (the auto loan company is in Indiana)

    Once I receive a judgment against you, I will be placing the judgment with an appropriate collection agency and it will be added to the credit reports of Jane Smith and John Doe. I will then aggressively attempt to attach the assets of (auto loan company) to satisfy the judgment.

    The other option we have is to settle this before I file a lawsuit. I am willing to accept removal of the misreported late payments from my credit reports. If you are willing to send a form to Equifax and Experian deleting the late payments, I will agree to not file the lawsuit and begin that entire messy and time consuming process. I would like to suggest that you seriously consider this settlement option. It will be much cheaper to settle this potential matter rather than hiring a lawyer in Florida for several thousand dollars.

    I hope to hear from you soon.
     
  4. DaveyBoy

    DaveyBoy Well-Known Member

    Would this work on more serious lates? 60, 90, etc.??
     
  5. DaveyBoy

    DaveyBoy Well-Known Member

    [bump] Anyone?
     

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