I had a car financed in '92 by GMAC. According to my records, I paid off this car in '97. However, GMAC continues to report that I owe an extra $800. I have written numerous (to the tune of 20) letters over the last couple of years asking them what this $800 is about. They sent me a statement on my account showing all my payments, then at the bottom they handwrite in $800 to and show it as a balance. They claim this is a force insurance policy because they say I didn't have insurance for part of the loan period, which is completely false. I have requested through 6 certifed letters that they show me proof of this policy they supposedly purchased. No response from them whatsoever, yet they continue to report this as a charged-off amount and hold the title to the vehicle. I am ready to file a small claims lawsuit against them. I have all the letters, return receipts, the statemnt they sent me, etc. How should I proceed? Should I write them one final letter, return receipt, telling them either remove it or I am filing a lawsuit? At this point I really couldn't care less about getting the title - the car isn't worth much. BUT, the charge-off on my credit report is a concern. I don't trust these people either. Why should I pay $800 that I clearly don't owe? I feel they are in default of the FCRA by refusing to show valid proof of this debt. Suggestions?
To Lizard and experts Author: SM (24-240-18-47.hsacorp.net) Date: 04-16-01 06:59 I had a car financed in '92 by GMAC. According to my records, I paid off this car in '97. However, GMAC continues to report that I owe an extra $800. I have written numerous (to the tune of 20) letters over the last couple of years asking them what this $800 is about. They sent me a statement on my account showing all my payments, then at the bottom they handwrite in $800 to and show it as a balance. They claim this is a force insurance policy because they say I didn't have insurance for part of the loan period, which is completely false. I have requested through 6 certifed letters that they show me proof of this policy they supposedly purchased. No response from them whatsoever, yet they continue to report this as a charged-off amount and hold the title to the vehicle. I am ready to file a small claims lawsuit against them. I have all the letters, return receipts, the statemnt they sent me, etc. How should I proceed? Should I write them one final letter, return receipt, telling them either remove it or I am filing a lawsuit? At this point I really couldn't care less about getting the title - the car isn't worth much. BUT, the charge-off on my credit report is a concern. I don't trust these people either. Why should I pay $800 that I clearly don't owe? I feel they are in default of the FCRA by refusing to show valid proof of this debt. Suggestions? ```````````````````````````````````````````` Reply To Message == You could tell them you are going to file a court case on such and such date unless they correct things and if you don't hear from them by then do it:
Sounds like you got some money comming. Go to www.bayhouse.com cut and paste your post there. The Sysop Christine is an expert at sueing creditors. You should see her help.
you've done all you can. Sue them in small claims court for the open amount they say is on the contract $800 plus document your time and expenses. Then tack on violations of the FCRA and FDCPA. 1,000 fines each (the judge may lump sum them, but try for 1,000 per violation per credit report) Get copies of all your credit reports now. I'd fire off one more letter using our "since you haven't responded.. Assume no proof exists, by doctrine of estoppel by silence" stuff... look it up here or at : then also inform them that they are also violating your rights by now willingly, wantonly, and negligently reporting this erroneous info to the credit bureaus... This last letter sets up harms to you for their purposeful reporting... a judge may want to see that you warned them to remove it so I'd send this one last letter. Let them know they have 30 days from receipt to cure all or you'll file suit in ....blah blah court. on day 31, it's either corrected, or sue them, You can get actual damages 800 punitive damages.. Have you applied for credit and been turned down? your time energy and FCRA, FDCPA violations. They can't just ignore you but they think you won't sue. One last letter, then go get paid for all your efforts. It's only fair. I had a similar thing happen w/Nationsbank. They put forced place insurance on a car I cosigned for. It did have insurance lapse for 2 months (I didn't know it) but we couldn't get them to remove the insurance (they put it for the life of the loan... about 3 years or so). We demanded proof of insurance and got a certificate. But we inadvertantly found out that their insurance company was them (big no no in my state) and that the master policy had expired. No insurance at all. But the funniest thing was this dumb person I cosigned for (NEVER DO THAT) had actually wrecked the car during this period. So my point was, if there is insurance on the car, then have it pay the loan in full... they were damned if they did, or if they didn't. I calmly asked for the names of everyone on this policy so I could also inform them they were being defrauded... the bank caved, I paid a small fraction of what was left on the loan and I got the title in full. I'd also call the insurance commissioner and atty general. Send copies of your letters. Do not rely on them to solve this for you... but you should let them know in case there's a pattern of abuse. Frankly, you have them by the balls. When you file the lawsuit they'll want to settle for fixing what they should've already fixed. Be tough. Get your costs back plus some interest or go ahead and go to court. IF you've done what you say you've done, sent letters, documented... you'll win and make some money too.
I have sent all the letters, although I must say they were sporadic. For my part, I should have set time limits with them but I didn't. However, I really feel I have enough documentation: -The original contract for the loan showing it was 60 months at $302.14 per month and a total amount. -The "statement" of account they actually did send me which shows I more than paid the total contract amount. -All the letters and return receipts showing my requests for proof of the debt. I really should have taken care of this before now, but I was just sitting around thinking they were the "big boys" and I really didn't have a route other than to hire an attorney (which as we all know would be costly and there is no guarantee I would recover my expenses). Thanks for the advice. I wonder if I should include in the final letter the copies of all the previous letters I have sent so they know I have proof of communication with them. Anyone think this is a good idea?
One more for Marie I moved to Kentucky from Texas a year and a half ago. The loan was commenced in Texas. Can I still file in Kentucky? I know that sounds like a silly question, but at this point they are violating my rights and I now live in Kentucky. As far as the Attorney General and Insurance Board, would I also notify Kentucky? Where would I find out the information about if they are their own insurance company? Just curious to know in case they decide to come up with a policy at the last minute. Thanks!
Re: One more for Marie Good luck with GMAC. I am currently fighting a charge off that has incorrect late payment info on it. You would think they would just delete the darn thing, but instead they keep verifying, despite the fact that they told me on the phone they have no account info because its too old. They wont do a thing, even if you send 100 letters (in my opinion) because they just dont care. I filed complaints with the FTC (big waste of time, they told me to get a lawyer) planet feedback, and the atty general. I dont have much hope for those, I really believe with GMAC you have to sue. They answered one of my 7+ letters to say that the whole thing was my fault for not writing to their correct addy. Never mind the fact that each of my reports has a different addy and I wrote to all of them. I used the letter Marie described above, and that did get me a reponse, but only to tell me I was out of luck as far as them changing anything. Good luck to you, Im sorry to be so negative, Im just fed up with them. Keep us posted!
