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Whychat's repo strategy

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Hello everyone,

 

I have successfully used help and information from this site to fix some items on my reports. I had a repo in May of 2016 from GM Financial Leasing. The vehicle was sold at auction just over a month later. From reading the whychat method, I do not think they followed all of the necessary steps but I am not sure.

 

I used the whychat template and sent the letter to GM and they responded today. Only GM has been listed on my reports regarding this repo and no CAs. They have continued to send me a bill every month for payment.

 

They sent me two envelopes today. First one says, "Attached you will find the Payment History statement you requested which provides a schedule of amounts assessed and applied to your account." It contains 3 pages of dated invoice and payments. The second letter mailed says "Thank you for your recent inquiry to GM Financial. Please find enclosed the validation of debt you requested." It contains 2 pages shrunk down of the closed end motor vehicle lease signed by me in 2013. That is all that was sent.

 

The whychat letter says "Please provide copies of the legal notices and proof of the commercially reasonable manner of the resale of the subject vehicle."

I am guessing they did not send me everything required?

 

Does anyone have any suggestions or input on this? Wondering what my next step should be if I have any?

 

Thank you!

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Follow the guides;

https://whychat.me/GUIDEBOOK.html

https://whychat.me/repoltr.html

 

You apparently put the cart before the horse.

 

You need to examine ALL  the paperwork you received from GM from the repo.

You need to go to Carfax and see what occurred with the repo

 

Have you disputed the entry on your credit reports?? If not do so with the appropriate dispute letter.

https://whychat.me/initdispltrsol.html

 

make sure you use the underlined phrase ( for OC reporting)

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Why Chat, thank you for following up.

 

I have followed your guides correctly I believe. I did do the initial dispute letters unsuccessfully so I proceeded to contact GM directly as the next step. 

 

As far as paperwork from them, I do not have any other paperwork from them or recall getting anything else from them regarding this from 2.5 years ago. They keep sending a bill, but other than what they sent today that is all I have. Should there have been more?

 

I have the carfax that I got last year at this time. I used the dates from the carfax in my letter to GM. I am not sure what other info you need from that? It shows it was sold at auction in 2016, put in a dealer's inventory a few weeks later and then sold as a GMC certified pre-owned.

 

As far as paperwork goes from them, I do not feel like they fulfilled what they were maybe supposed to, but I don't know what was supposed to happen actually anyway....so that is why I was coming to you.

 

Did I miss any steps? How should I proceed?

 

Thank you

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Posted (edited)

You sent the initial dispute letter to the CRAs and they responded with a refusal to delete?

 

When was this?? If it was longer than 90 days ago, resend the dispute letter.

If they still won't delete then send the dispute letter from the program.( assuming you used the letter to the OC from the program

https://whychat.me/repoltr.html

Send this to the CRA if you have NOT received any reply after 14 days,use personalized stationary and send it priority mail with proof of delivery but NOT certified or RR
CRA address

I am writing you regarding account # xxxx on my report #xxxx from XXXX. This account is a fraudulent entry on my report. I have disputed it with (name of OC) and (name of CA). I have no such account from this creditor for this date in this amount.

Please advise me of the manner of any verification of this fraudulent account, and the name and address of the verifying party as I will be taking appropriate legal action and filing complaints with the FTC, CFPB and (name of your State)Attorney General's Office.

Please note that your Credit Reporting Agency is now subject to Federal consumer financial laws, including, among others, the FCRA and Title X of the Dodd-Frank Act, and related regulations including a ban on “Abusive” Acts or Practices.( Section 1031 of the Dodd-Frank Act )

Sincerely,

XXXXXX

 

Are you at the same address as when you took out the car loan?? If not, then try to get your old address off your reports first.

Edited by Why Chat

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Hello,

 

I sent https://whychat.me/initdispltrsol.html on 02/11/19 to the CRAs. They refused to delete. Since they did not delete, I immediately sent https://whychat.me/repoltr.html to GM and just received the two envelopes yesterday that I posted about originally.

 

Since I received the reply from GM within 14 days, I assume the follow-up letter you mentioned to the CRAs should not be used?

 

Still at the same address with no old addresses to remove.

 

Did I miss anything? Thank you

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10 hours ago, winteriscoming said:

Hello,

 

I sent https://whychat.me/initdispltrsol.html on 02/11/19 to the CRAs. They refused to delete. Since they did not delete, I immediately sent https://whychat.me/repoltr.html to GM and just received the two envelopes yesterday that I posted about originally.

 

Since I received the reply from GM within 14 days, I assume the follow-up letter you mentioned to the CRAs should not be used? USE THE FOLLOW UP LETTER!The response from GM does not in any way change the situation. It was a form letter ( AKA a "bedbug" letter) that they send out automatically.

 

Still at the same address with no old addresses to remove.

 

Did I miss anything? Thank you

 

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17 hours ago, Why Chat said:

USE THE FOLLOW UP LETTER!The response from GM does not in any way change the situation. It was a form letter ( AKA a "bedbug" letter) that they send out automatically.

Is this follow up letter typed or handwritten?

 

Thanks

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2 hours ago, winteriscoming said:

Is this follow up letter typed or handwritten?

 

Thanks

Typed ( as a copy may be needed in further legal proceedings)

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Posted (edited)
On 3/14/2019 at 3:47 PM, Why Chat said:

Typed ( as a copy may be needed in further legal proceedings)

Why Chat,

 

I am back posting my updated info. I sent the typed letters the same day you posted the reply. They were all received by the bureaus on 03/17 - 03/19.

 

Experian sent me back a report on 03/27. They started out with "We were notified by one or more of the nationwide consumer credit reporting companies that you recently reported to them that you believe information in your credit report is inaccurate due to fraud. To assist in protecting your privacy, we have added a temporary Initial Security Alert to you Experian credit file..." They did not change or update anything in regards to the GM account.

 

TransUnion sent a letter dated 03/26:

"We appreciate you taking the time to contact us at TransUnion. Our goal is to maintain complete and accurate credit information. It's our commitment to you." It goes on to state their procedure and what to do next. It does not reference the dispute or the GM account at all. On 04/05 They sent an updated report with the investigation results of verified as accurate.

 

I do not have anything from Equifax. I did receive a Credit Karma alert today that my GM account has been removed from Equifax. I did a pull from Credit Check Total and it also confirmed it was gone. I then did a backdoor report from Equifax and it is indeed removed for now. Is there a chance it will be added back once removed? I know GM reports this every month still so I was curious about that.

 

GM Financial sent a letter dated 03/27:

"Your recent direct dispute regarding the credit bureau reporting of your account has been received and reviewed. For the following reason(s) we are unable to proceed with your request:

- No supporting documentation was received

-No specific item was requested for investigation

 

To file a Direct Dispute with GM Financial the following information is required:

-Sufficient information to identify the account or other relationship that is in dispute, such as an account number and the name, address and the telephone number of the consumer.

-The specific information the consumer is disputing and an explanation of the basis for the dispute.

-All supporting documentation or other information reasonably required by GM Financial to substantiate the basis of the dispute such as a bank statement, cashed copy of cleared check, postal verification or credit report showing an GM Financial tradeline.

 

All information should be provided in writing to the following address:

GM Financial

P.O. Box 181145..."

 

Do you have suggestions on how I should proceed? Thanks for your time.

 

 

 

 

Edited by winteriscoming
typo

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Posted (edited)

 file a complaint against Experian and TU with the CFPB.( 2 separate complaints)

https://www.consumerfinance.gov/complaint/

FILE A CFPB COMPLAINT

Print out your complaints BEFORE clicking enter.
Your complaint should list the actions you have taken,( with dates for each) i.e. filed a proper dispute on an account,(give account # and name of OC) contacted the reporting OC with a dispute and request for validation on this unknown  account.  Equifax properly investigated and deleted this unknown account. (Experian's) ( Transunion's) refusal to properly investigate or properly mark the account as in dispute is a violation of the FCRA and FACTA.

Send a copy of the complaints with another dispute to each CRA.
Make sure that your follow up dispute to the CRA is addressed to their compliance dept. sent CMRR and includes this phrase;
"I reserve the right to take further action including filing appropriate complaints with the FCRA for violations of Title X of the Dodd-Frank Act, and related regulations which include a ban on “Abusive” Acts or Practices. In addition I reserve the right to file civil actions against you for slander of credit.

Edited by Why Chat

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15 minutes ago, Why Chat said:

What credit report ( if any) is the account still on??

Still on TransUnion and Experian. As mentioned above, they claimed to update and verify. I was only alerted about it being removed from Equifax earlier today.

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14 minutes ago, winteriscoming said:

Still on TransUnion and Experian. As mentioned above, they claimed to update and verify. I was only alerted about it being removed from Equifax earlier today.

Answered above

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Thanks for the reply. 

 

Should I wait any specified amount of time to send the follow up dispute to the CRA's once I do the CFPB? Or can I file the disputes and print them off and send them immediately to the bureaus?

 

Thanks

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23 hours ago, winteriscoming said:

Thanks for the reply. 

 

Should I wait any specified amount of time to send the follow up dispute to the CRA's once I do the CFPB? Or can I file the disputes and print them off and send them immediately to the bureaus?

 

Thanks

There is no "follow up dispute" in this case. You send a copy of your filed CFPB complaint to each CRA as soon as you have filed the complaint. ( Make sure you save each complaint before clicking send as you will not be able to make a copy) You should get an acknowledgment of the filing which you can cut and paste to the copy of the complaint.

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On 4/16/2019 at 2:10 PM, Why Chat said:

 Send a copy of the complaints with another dispute to each CRA.
Make sure that your follow up dispute to the CRA is addressed to their compliance dept. sent CMRR and includes this phrase;
"I reserve the right to take further action including filing appropriate complaints with the FCRA for violations of Title X of the Dodd-Frank Act, and related regulations which include a ban on “Abusive” Acts or Practices. In addition I reserve the right to file civil actions against you for slander of credit.

 

On 4/17/2019 at 1:39 PM, Why Chat said:

There is no "follow up dispute" in this case. You send a copy of your filed CFPB complaint to each CRA as soon as you have filed the complaint. ( Make sure you save each complaint before clicking send as you will not be able to make a copy) You should get an acknowledgment of the filing which you can cut and paste to the copy of the complaint.

You had stated it was a follow up dispute so that is what I was referencing from your instructions. I submitted the CFPB complaints and printed them off. So to clarify, the printed complaint will be sent to the two CRAs and only contain the printed complaint?

 

Thank you

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***Another update***

 

I received my two responses from the CFPB complaints today:

 

TransUnion responded with

 
RESPONSE TYPE
Closed with explanation
 

Company's Response

After careful review, we have determined your complaint includes a dispute of information appearing on your credit report; therefore, we have forwarded your complaint to our consumer relations center for processing. You will receive your results within sixty (60) days from the date you submitted your complaint to the CFPB. If after the completion of our investigation you have questions regarding the results, we encourage you to contact the creditor(s) directly. The business name, address, and, if available, telephone number of the source(s) of information contacted in connection with your dispute can be found in the “Investigation Results” document sent at the conclusion of your investigation. If you need to dispute information on your credit report in the future, you may dispute directly with TransUnion online at dispute.transunion.com. Should you have any further questions, please contact • www.transunion.com • (800) 916-8800 • P.O. Box 2000 Chester, PA 19016-2000
 
 
The second CFPB response today from Experian surprised me:
 
RESPONSE TYPE
Closed with non-monetary relief
 

Company's Response

Thank you for submitting your complaint on April 16, 2019, through the CFPB Complaint Portal. We appreciate consumers who take the time to let us know about their experiences with our company. We have reviewed and considered the information you have supplied through the CFPB portal and directly to Experian. According to our records, the disputed information does not appear on your current Experian credit report. We are in the process of mailing a report to you for review and confirmation. Please note that mailed correspondence may take up to 10 days for delivery through the US Postal system. For additional assistance, you may call the toll free telephone number provided on your personal credit report obtained directly from Experian, or write to Experian at P.O. Box 9701, Allen, TX 75013. For more information regarding your credit and frequently asked questions, you may visit: http://www.experian.com/blogs/ask-experian . Thank you for submitting your complaint through the CFPB Complaint Portal. It is our policy to respond to consumer complaints swiftly and to take each complaint seriously. We appreciate you letting us know about your experiences with Experian.
DESCRIPTION OF NON-MONETARY RELIEF
According to our records, the disputed information does not appear on your current Experian credit report. We are in the process of mailing a report to you for review and confirmation.
 
 
 
 
 
These complaints were submitted on 04/16 and my Experian report on CCT dated 04/16 showed the account still there. I did look today on CCT and it is indeed gone. I couldn't find any mention of it being removed. 
 
So my question is since it is now removed from 2 of 3, do they usually stay deleted? Just wondering the chance that they come back next month. In regards to TU, do I just wait it out for now?
 
Thank you for all of your help.

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On 4/23/2019 at 4:39 PM, winteriscoming said:

***Another update***

 

These complaints were submitted on 04/16 and my Experian report on CCT dated 04/16 showed the account still there. I did look today on CCT and it is indeed gone. I couldn't find any mention of it being removed. 

 
So my question is since it is now removed from 2 of 3, do they usually stay deleted? Just wondering the chance that they come back next month. In regards to TU, do I just wait it out for now?
 
Thank you for all of your help.

Received a new report from EX in the mail today dated 04/18. Results from completed dispute. Outcome: Deleted - This item was removed from your credit report.

 

So only TU remaining! Any recommendations or thoughts on my other questions? Thanks

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You said earlier

 

"TransUnion responded with RESPONSE TYPE Closed with explanation"

 

What was the explanation??

 

If it is still ONLY on your TU report, ( please check and make sure you are not viewing a copy of your old report)

Then you should send another dispute to the CFPB against TU for their improper response. State that ONLY TU has failed to obey the law and delete this invalid account. Refer to your original complaint against TU.

 

Send a copy of the new complaint to TU with a copy of your original dispute and say that this is the final letter to them prior to your filing additional complaints and starting civil action against them for abuse of credit.

 
 
 

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1 hour ago, Why Chat said:

You said earlier

 

"TransUnion responded with RESPONSE TYPE Closed with explanation"

 

What was the explanation??

The only explanation was listed below the CFPB complaint in the section "Company's Response". Telling me that I would hear something within 60 days.

 

If it is still ONLY on your TU report, ( please check and make sure you are not viewing a copy of your old report)

It is only on TU currently.

 

Then you should send another dispute to the CFPB against TU for their improper response. State that ONLY TU has failed to obey the law and delete this invalid account. Refer to your original complaint against TU.

From reading their response above giving them 60 more days, do you suggest waiting for their response to the CFPB? Thanks

 
 
 

 

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On 4/26/2019 at 4:09 PM, Why Chat said:

You said earlier

 

"TransUnion responded with RESPONSE TYPE Closed with explanation"

 

What was the explanation??

 

If it is still ONLY on your TU report, ( please check and make sure you are not viewing a copy of your old report)

Then you should send another dispute to the CFPB against TU for their improper response. State that ONLY TU has failed to obey the law and delete this invalid account. Refer to your original complaint against TU.

 

Send a copy of the new complaint to TU with a copy of your original dispute and say that this is the final letter to them prior to your filing additional complaints and starting civil action against them for abuse of credit.

 
 
 

 

On 4/26/2019 at 11:36 PM, Why Chat said:

Yes give them the 60 days

I really could use your help whychat I have a similar situation 

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5 hours ago, dsowers6 said:

Whychat could you help me with a repossession please 

Why don't you start your own topic and Why Chat can specifically address your concerns.

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