Why Chat's repo method was 33% successful, I need help.

[Jaspa2000]

So a little background. I had a repo in 2010 when I was recovering from job loss from citifinancial which was bought out later by Santander. Enter earlier this year I decided to attempt to clean my credit.

 

First thing I did was opt out and delete as many old addresses as I could.

 

In mid-July I disputed the repo with the CRA's. All 3 came back verified.

 

In August I sent Why Chat's repo letter to Santander, they did not and have not ever responded. They did however sign for it, I sent it CMRRR.

 

At the very end of September I sent Why Chat's followup dispute to the CRA's. I received responses from all 3.

 

Equifax - Deleted

 

TransUnion - Remains. No other information than that. Just investigation completed, entry remains.

 

Experian - Remains. Told me that the OC requested that I contact them. I did, they never responded hence why I sent the dispute.

 

My question is what is my next step? Is it time for CFPB and AG complaints?

 

Thanks for your help!

 

[Jaspa2000]

bump

[cv91915]

Evening crew?

[Why Chat]

Did you receive any of the required notifications on the repo??

 

Who exactly is reporting?? The OC or a CA??

 

OK, try a CFPB complaint against Santander, not against the CRAs

 

Make sure you stick to the fact that they are in violation of the FDCPA and FCRA and are acting as a CA because they were not the original creditor.( I am assuming they took over the account from Citi AFTER you defaulted)

[Jaspa2000]

Did you receive any of the required notifications on the repo?? Not that I recall.

 

Who exactly is reporting?? The OC or a CA?? No CA's are reporting. Satander bought it from Citi after the default. They are the only ones reporting.

 

OK, try a CFPB complaint against Santander, not against the CRAs

 

Make sure you stick to the fact that they are in violation of the FDCPA and FCRA and are acting as a CA because they were not the original creditor.( I am assuming they took over the account from Citi AFTER you defaulted) I will do that and update this thread accordingly. Should I try and get my AG involved too?

[Why Chat]

No , but you can file against Ex and TU also.

 

Make sure your follow up letter to each CRA includes a copy of the filed complaints against them as well as the filed complaints against the CA

[Jaspa2000]

Alright, will do. Thanks Why Chat. Scanning copies of letters and return receipts right now, also copies of the letters from the CRA so hopefully I have enough info to get these off.

[Shokk]

Posting to follow and a question. I have a similar situation where my ex stopped paying for her lease after our divorce was final. OC was Chrysler Financial which is now TD Auto Finance. I received no notifications before or after the vehicle was sold, but my ex may have. (theydid have my current address as I had my own lease with them at the time.) I have read the Why Chat repo info multiple times, but have not fired off any letters yet. Does it change anything since TD would be acting as a CA? Or follow standard procedure listed in Why Chat's guide?

 

And a big thanks to you Why Chat for the guide!

[Jaspa2000]

I did my complaint with the CFPB on Santander, Experian, and TU. I got a response from Experian saying they would investigate and respond in 30 days(ugh) Nothing from TU or Santander.

 

Should I send additional disputes to TU and Experian?

Edited November 22, 2013 by Jaspa2000

[Jaspa2000]

TU responded to my complaint. Here is what they said.

"Under the guidelines of the Fair Credit Reporting Act, we will not reinvestigate the item(s) unless you can provide new information such as court papers or a recent, authentic letter from the creditor(s) that explains what information should be updated. You may add a Consumer Statement of 100 words or less to your credit report or contact the creditor directly. Contact information for each creditor is provided on your credit report for review. If you provide a Consumer Statement that contains medical information, then you are giving consent to TransUnion to include this information in every credit report we issue about you. If you have any further questions, please call us at 1-800-916-8800, Monday-Friday, 8:00 AM - 11:00 PM ET."

 

"We have reviewed your complaint along with the information you previously provided regarding this issue. On xx/xx/xx and xx/xx/xx, Santander was notified of your disputes. In response to the investigations, the data furnisher verified your name and social security number, as well as the account information as being accurately reported. Results were forwarded to you on xx/xx/xx for review."

 

Still waiting on the Santander and Experian complaint.

[SuperGurl72]

So basically bc they verified your name ans SS it has to be correct? Well that is some BS if you ask me. That is like me saying I am a millionaire and I am just bc I said so...lol

[Jaspa2000]

Pretty much. I've been at this stuff all year. Dealing with these people is wearing on me.

[SuperGurl72]

Hopefully someone else will be able to give you some advice soon. I have not had to dispute a repo on my reports.

[Jaspa2000]

I got a response to my CFPB complaint against Santander.

 

"Response advises that SCUSA reports all information accurately to the credit bureaus and that our records indicate on August 19, 2010 his account was being reprted as charged off with a balance due. Explained the vehicle was repossessed and sold at auction. Informed the customer there is remaining deficiency balance after the sale of the vehicle, which he is responsible for. We also explained that since the reporting was accurate to the agencies that SCUSA declined removing his tradeline from TransUnion and Experian. We also advised that SCUSA is merely a furnisher of credit and we have no control over the contents of the credit histories. (See attached)"

 

They attached a letter that basically said the same thing. They included "Notice of our plan to sell property," which was dated and said "via cmrrr" and the original notice of default. Also included were original signed contracts, and a notice that citifinancial accounts were now going to be serviced by Santander.

 

Not sure what to do now.

[Why Chat]

If the deficiency balance is being reported and not the original contract balance then you will have to wait a while to get it deleted.

When it has been 4 years from the date of the auction sale, ( that is the time period they have to sue you for the deficiency) you can do the dispute again starting from the beginning with new credit reports, opt out and address deletions IF you will no longer be at the same address that you were at when the car was repossessed.

 

At that time you can use the SOL letter program as the legal SOL for this account is 4 years from the date of the repo sale.

[Jaspa2000]

Thanks WhyChat!