Success getting a repo deleted

[nlocker]

I just wanted to share my experience in getting a repo account removed from all 3 credit bureaus. This is what worked for me and may be of use to others. I will keep the info intentionally vague for privacy reasons.

 

Only the OC was reporting. The proper repo notices were never received, but I waited four years to make sure the SOL for filing had run and that I'd have one less thing to worry about in case the OC decided to play games.

 

Whychat's initial repo letter was sent to the OC, which was completely ignored. After the 14 days passed Whychat's followup letters were sent to each of the CRAs. The OC verified the account with all three CRAs.

 

A 2nd letter was then sent to the OC stating that they had ignored my lawful and reasonable request for copies of the repo docs and had further violated my consumer rights by verifiying the disputed account as accurate with the CRAs. I further stated that I reservied the right to take civil action unless they deleted the account from my credit files. I cc'd a copy of the letter to the OC's CEO and the FTC.

 

In reply I received a letter stating that the CEO had referred my issue to a remediation specialist and that I would get a response within about a 2 week period. I never head diddly back, so I mailed a letter to the remediation specialist stating that my issue continued to be ignored. This letter also included a VERY long list of all of their FCRA consumer violations to date (failure to properly investigate my dispute with the CRAs - 3 violations right there, verifying inaccurate information with the CRAs - I listed a separate violation for each reporting field on each CR that had anything at all to do with the deficiency balance or that had comments about a charge-off, etc. of the deficiency balance. (ie, Account History, Status, Payment History, Balance, Remarks / Comments, etc). I again suggested removal of the account from my CRs as a settlement of the issue. An alternate suggestion was that they correct their reporting and pay me the $1000 statutory fine for each violation I had outlined in my letter ( a rather hefty amount once you added up all the violations.) I made sure to again cc the OC's CEO and the FTC.

 

I received another letter from the OC stating that the issue had been elevated and that I would get a response in a timely manner. A few days after receiving this letter the account was gone from two of the CRA's and gone from the 3rd one the following day. About 3 days later I received a letter stating that the account would be removed from the CRAs, although I already knew that from pulling the reports. It was still nice to get that letter, though, as confirmation that the matter was resolved.

 

This entire process took about 3 months. It was frustrating at times but worth all the effort to not have the repo stay on the CRs for another 3 years. I hope this will be of help to some of you.

Edited February 3, 2013 by nlocker

[GOAL850]

Wow congrats! Thats awesome! Do you mind sharing the lender? My fiance has a repo with Wells Fargo that I may try this method on.

[MarvBear]

congrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrats!!!!!!!!!!!!!!!!!!!!!

[nlocker]

Wow congrats! Thats awesome! Do you mind sharing the lender? My fiance has a repo with Wells Fargo that I may try this method on.

 

I prefer not to name the lender at this point, but I can tell you that it's a major bank and that you would likely have similar success with WF by using WhyChat's repo deficiency instructions, as well as any portions of my method that might fit your situation. Good luck!

[nlocker]

congrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrats!!!!!!!!!!!!!!!!!!!!!

 

Thanks, MarvBear. It feels so good to have that account gone!!

[Ummmmm ...]

I JUST received a 'Release of Debt' letter from my repo ... in line with WhyChat's repossession deficiency dispute, can I begin the process earlier than the two-year mark?

[calichick]

Awesome! Great job.

[Guest]

WTG OP!!!

[jjman]

Lurked for many years and saw that you had success...care to share the final letter you sent? I have tried EVERYTHING under the sun! Even sent whychatts letters! (my friend was a member here and helped me prepare them - but no success - all was ignored!) I still have all the certified mail copies!!

[VanillaGorilla]

Will this work for a trailer?

[jman52]

Goal850: I too have a repo with Wells Fargo. How long ago was it that your fiancee's repo? Also, did you already dispute with the CRAs?

 

To anyone...Is it absolutely recommended to wait until the SOL is up before sending the Repo Deficiency letter? My repo was a year and a half ago and my OC, after charging it off, has been silent since. Not even selling or assigning it.

[VanillaGorilla]

I just fired mine off for a trailer, however I was 100% certain that I never received documentation of the sale.

[VanillaGorilla]

After sending the 2nd letter to the CRA's - EQ placed a FRAUD ALERT on my file..... ugh

[Blue Demp]

Congrats! You should help the community out by posting the letters.

[GoGoMF]

Congrats. Wonder if this would work on a repo I just PIF with Cap1. They are going to change the reporting from chargeoff to PIF but will still show all those lates (19 months) prior to the repo, and then the repo itself... and then paid. They weren't willing to wipe payment history for me. Since I don't have to worry about SOL after PIF, I wonder if I can modify your letter and get this removed in a month's time.

[VanillaGorilla]

Is it a big deal to have a fraud alert on our credit file?

[nlocker]

I apologize for the delay in responding to your posts. I have had important family matters to deal with.

 

Below are sample letters that I sent. Please note, first I sent Whychat's initial repo letter. When there was no reply after 14 days I then sent Whychat's followup letter to the 3 CRA's and waited for the OC to verify the account with the CRAs. Only then did I send the letter below.

 

 

[DATE]

OC NAME

OC ADDR 1

OC ADDR 2

 

Certified Mail Return Receipt Requested: xxxx xxxx xxxx xxxx xxxx

 

RE: OC Account # xxx-xxxxxxxxxx

(Car YEAR, MAKE, MODEL – VIN # XXXXXXXXXXXXXXXXX)

To Whom It May Concern:

 

Please reference my letter to you dated [DATE] in which I requested that you provide full proof that the repossession of the above listed vehicle, carried out by your company on or about [REPO DATE], was conducted legally and in accordance with UCC § 9.506. This letter was sent by Certified Mail, and [OC NAME] accepted and signed for the letter on [DATE].

To date, your company has ignored my lawful and reasonable request for the above referenced documentation. You have further violated my consumer rights under the Fair Credit Reporting Act (FCRA) by verifying this disputed account with the three national credit reporting bureaus in [MONTH, YEAR]

 

Please be informed that I reserve the right to take private civil action to recover the accumulating damages and statutory fines in this matter.

 

You may avoid such action by requesting full and immediate deletion of this account from the Experian, Equifax, and Transunion credit reporting agencies within five days of your receipt of this letter.

I look forward to confirmation from you that all three credit reporting agencies have been contacted and your errors corrected.

Sincerely,

YOUR NAME

YOUR ADDR 1

YOUR ADDR 2

cc: Federal Trade Commission

600 Pennsylvania Avenue, NW

Washington, DC 20580

CERTIFIED MAIL: xxxx xxxx xxxx xxxx xxxx

OC CEO NAME

OC CEO TITLE

OC ADDR 1

OC ADDR 2

CERTIFIED MAIL: xxxx xxxx xxxx xxxx xxxx

Below is my final letter. The repo dropped from all 3 CRs shortly after this letter was received by the OC. You MUST edit this letter to fit your own circumstance or the OC will realize you don't know what you're doing and will treat you accordingly!

 

 

[DATE]

 

OC NAME

OC ADDR 1

OC ADDR 2

 

Certified Mail Return Receipt Requested: xxxx xxxx xxxx xxxx xxxx

 

RE: Account # xxx-xxxxxxxxxx

(CARYEAR, MAKE, MODEL – VIN # XXXXXXXXXXXXXXXXX)

Dear [NAME, IF YOU HAVE ONE BY NOW]:

 

I am in receipt of your letter dated [DATE] in which you advised me that my correspondence to [OC CEO NAME] had been forwarded to your department for review and response. You anticipated providing me a full written response on or before [DATE]. This letter is to notify you that, to date, I have not received any form of response from you related to this matter.

As you may already be aware, your [REPO YEAR] repossession of the above-referenced subject vehicle voided the original purchase contract. Any subsequent reporting to the credit bureaus by your company would be related to the alleged deficiency balance, a balance which I recently disputed with the three major credit reporting agencies and which your company fraudulently confirmed as being accurate. Be advised that I have carefully documented your company's ongoing consumer law violations against me. To date these violations include but are not limited to:

FCRA Violations: $1000 per action (XX total) as allowed under 15 USC §1692k(a)(2)(A).
Total statutory damages: $XX,XXX [ADD UP THE VIOLATIONS LISTED BELOW]

 

1. [OC NAME] violated 15 U.S.C. 1681s-2( (1)(A) by failing to adequately conduct an investigation with respect to my notice of dispute which was received via the Experian credit reporting agency on or around [MONTH, YEAR].

 

2. [OC NAME] violated 15 U.S.C. 1681s-2(a)(1)(A) by furnishing information to a credit reporting agency that the company knew, or had reasonable cause to believe, was inaccurate. On or around [MONTH, YEAR], [OC NAME] verified incorrect information to Experian, falsely providing inaccurate information concerning a fraudulent deficiency balance (‘INSERT EX CR FIELD NAME/INFO RELATED TO DISPUTED DEFICIENCY BALANCE) – REPEAT THIS PARAGRAPH FOR AS MANY FIELDS AS NECESSARY.

 

3. [OC NAME] Violated 15 U.S.C. 1681s-2( (1)(A) by failing to adequately conduct an investigation with respect to my notice of dispute which was received via the TransUnion credit reporting agency on or around [MONTH, YEAR].

 

4. [OC NAME] violated 15 U.S.C. 1681s-2(a)(1)(A) by furnishing information to a credit reporting agency that the company knew, or had reasonable cause to believe, was inaccurate. On or around [MONTH, YEAR], [OC NAME] verified incorrect information to TransUnion, falsely providing inaccurate information concerning a fraudulent deficiency balance (‘INSERT TU CR FIELD NAME/INFO RELATED TO DISPUTED DEFICIENCY BALANCE’) – REPEAT THIS PARAGRAPH FOR AS MANY FIELDS AS NECESSARY.

 

5. [OC NAME] Violated 15 U.S.C. 1681s-2( (1)(A) by failing to adequately conduct an investigation with respect to my notice of dispute which was received via the Equifax credit reporting agency on or around [MONTH, YEAR].

 

6. [OC NAME] violated 15 U.S.C. 1681s-2(a)(1)(A) by furnishing information to a credit reporting agency that the company knew, or had reasonable cause to believe, was inaccurate. On or around [MONTH, YEAR], [OC NAME] verified incorrect information to Equifax, falsely providing inaccurate information concerning a fraudulent deficiency balance (‘INSERT EQ CR FIELD NAME/INFO RELATED TO DISPUTED DEFICIENCY BALANCE’) - – REPEAT THIS PARAGRAPH FOR AS MANY FIELDS AS NECESSARY.

My suggestion of a settlement of this matter would be complete and permanent removal of this account from my credit reports, an agreement to not sell or transfer this account, and discontinuation of any collection attempts of this time-barred debt. My alternate suggestion of a settlement would be immediate correction of your reporting violations along with compensation payable to me in the amount of $[TOTAL STATUTORY DAMAGES AMOUNT LISTED ABOVE] for damages and statutory fines. Please be informed that I reserve the right to take private civil action in this matter to recover damages, statutory fines, and court costs if neither of these suggestions is acceptable to you.

Sincerely,

YOUR NAME

YOUR ADDR 1

YOUR ADDR 2

cc: Federal Trade Commission

600 Pennsylvania Avenue, NW

Washington, DC 20580

CERTIFIED MAIL: xxxx xxxx xxxx xxxx xxxx

OC CEO NAME

OC CEO TITLE

OC ADDR 1

OC ADDR 2

CERTIFIED MAIL: xxxx xxxx xxxx xxxx xxxx

 

 

 

[jjman]

THANKS! Are those smiley faces supposed to be "B's"?

[nlocker]

The smiley faces that show up on my final letter should actually read as:

 

[OC NAME] Violated 15 U.S.C. 1681s-2(b )(1)(A) ....

Sorry about that. Apparently the letter 'b', combined with a right parend, converts to the smiley face shown above (ack!)

[nlocker]

Goal850: I too have a repo with Wells Fargo. How long ago was it that your fiancee's repo? Also, did you already dispute with the CRAs?

 

To anyone...Is it absolutely recommended to wait until the SOL is up before sending the Repo Deficiency letter? My repo was a year and a half ago and my OC, after charging it off, has been silent since. Not even selling or assigning it.

In answer to this question, I can only speak for myself. I waited the full 4 years just so that I could have some peace of mind. My past experience in dealing with CA's and OC's had taught me that they are not above lying. I did not want to take a chance that the OC would file suit prior to expiration of the 4 years SOL, claiming that they had indeed sent all the proper notices. That would have been an even bigger battle to deal with than trying to get the repo deleted from my CRs.

 

Others may disagree with my views, but I preferred to choose my battles carefully and not open another potential can of worms. I liked knowing that there was an affirmative defense if the OC decided to file suit for the deficiency balance.

[jjman]

The smiley faces that show up on my final letter should actually read as:

 

 

[OC NAME] Violated 15 U.S.C. 1681s-2(b )(1)(A) ....

 

 

Sorry about that. Apparently the letter 'b', combined with a right parend, converts to the smiley face shown above (ack!)

 

Thanks!

[nlocker]

After sending the 2nd letter to the CRA's - EQ placed a FRAUD ALERT on my file..... ugh

 

In my case, all 3 CRA's placed a fraud alert once they got Whychat's followup letter.

 

With the repo being on the credit reports there were no plans to apply for credit anytime soon. Plus, the fraud alerts were only good for 90 days, and it took about that long anyway to get the repo deleted. Speaking only for myself, I can honestly say the fraud alerts didn't really bother me.

[radtechdude]

nlocker,

 

Thank you for all the information you have given us. It has really been a confidence booster to me. I have used WhyChat's repo letter and here is where I am at right now.

 

I sent WhyChats first letter to the finance company ( I don't want to mention the finance companies name) about the reposession. I didn't get a response within the 14 days. So I sent Whychats followup letter to the credit bureaus on Friday.

The deadline for the finance company to send me the proof was the 31st of April.

3 days ago I get two large legal envelopes from from the finance company.

In the first envelope it contained a letter that says please find the information I requested. Here is what was inside:
1. A badly copied copy of the purchase contract from where I purchased the vehicle.
2. barely readable form that shows how motor vehicles are apportioned (not even sure what that form is, but you can hardly read it and no signatures or anything)
3. A copy of a notice to insurance agent that I signed when I purchased the vehicle, a copy of the credit
4. A copy of the credit application I filled out when I bought the car.
5. A copy of the Fair Credit Reporting Act. Not even signed. Not sure why that is there

In the second envelope it had the same letter at the previous envelope and then a payment history from when I purchased the car until I stopped making payments.

There are no documents about the repo or anything!

Today I get a letter from the finance company that said they received my direct dispute and that they have verified that the information on my credit report is correct.

 

However, they still have not provided copies of the legal notices.

 

I have also confirmed that they CRA's are re-investigating this account.

 

Seems like this is going as planned, correct?

[radtechdude]

I am preparing my third letter in the series of whychat repo letters. Thanks nlocker for providing the 2nd and 3rd letter that you sent.

 

I am trying to figure out how many violations from my report to put on my third letter. Do you count all fields on the report? Like the date field, the account field, the deficiency balance, account status?

 

Also, on my Equifax report (after I disputed this account) the creditor they are reporting it as current for a few months and then they report it as charged off for a few months and then they report it as current for a few months. I think it is the creditor tactic to injure my credit score as much as possible to cause me to pay this off.

 

They have not provided proof of the proper notices. All they sent was a payment record and a copy of the sales contract when I purchased the vehicle.

 

So how many of the fields on each report can I claim a violation on?

[Male Nurse]

radtech - keep this updated. I'm about to start fighting the good fight myself against Ally. Could you PM who your fight is against? I'm wondering if anyone's had luck against them.