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This account is reporting inaccurately and I have not had ANY luck with having it corrected or removed. First, the Company I had the Auto Lease with was not Ally Financial, it was GMAC. This Lease was paid to term and I leased for an additional 3 months. When I turned the car in, they inspected it at the dealership and I did not owe anything. Aprox. one year later this shows up on my credit report. I contacted Ally and they stated it was money owed for the lease. I was way under the mileage and there was no damage to the car and as stated, the dealership inspected everything before I left. I never did business with Ally ever.. they took over GMAC after I turned my car in.
How should I go about getting this removed? Is there anything I can dispute based on how they are reporting on each of the Bureaus? I already sent them a DV letter and they sent back my signed contract (but again, this was with GMAC and not Ally).
Thanks in advance for your advice!!
*the html I entered below came out jumbled. Is there a way I can upload a screenshot?
**Edited again to post an url to the screenshot of my credit report with Ally http://i.imgur.com/F34tcS0.jpg
EXPERIAN EQUIFAX TRANSUNION Account Name: ALLY FINANCIAL ALLY FINANCIAL ALLY FINCL Account Number: 06191142XXXX 6191142XXXX 6191142XXXX Acct Type: Auto Lease Installment Installment account Acct Status: Closed Closed Closed Monthly Payment: $855.00 $855.00 Date Open: 6/1/2007 6/1/2007 6/27/2007 Balance: $2,200.00 $2,200.00 $2,200.00 Terms: 39 Months 39 Months High Balance: $2,276.00 $27,913.00 Limit: Past Due: $2,200.00 $2,200.00 Payment Status: Charge-off Bad debt & placed for collection & skip Charged off as bad debt Comments: Subscriber reports dispute resolved - consumer disagrees CHARGED OFF ACCOUNT Dispute resolved; customer disagrees
Anyone?
The first issue is their status.
They appear to be reporting as the OC affiliate, and not as a debt colletor.
As such, they would apparently not be subject to the FDCPA.
You can file a dispute under the FCRA, however they would apparently verify with the same documentation that was used to validate the apparently improper DV.
You can always bring civil action, contesting the debt.
I was just able to pull up my old lease with GMAC for this account and everything that Ally Financial is reporting is incorrect. My monthly payment was $774.78 and the high balance (lease amount?) was much higher than what they reported. And the date opened that they are reporting on Exerian and Equifax is incorrect.
How would I go about addressing this and with whom? Also, once again the lease was with GMAC and not Ally Financial.
I've disputed this many times and also requested validation of this account from Ally. The lease agreement I am looking at was sent to me by Ally.
Even if they are affiliated with the OC, by using a name different from that of the OC, they are considered a debt collector under the definition in the FDCPA.
They have apparently provided what they consider adequate debt validation, so they are no longer under a cease collection bar.
They are not required to document or prove the debt in order to validate.
You now have a contested debt.
You could file a dispute under the FCRA, but they will most likely verify since they have already addressed that issue in their debt validation.
I would consult an attorney for possible legal action in attaching the debt by getting it into court where you can get an evaluation of the evidence.
I dont advocate an attorney because I am advocating litigation
My point is that neither a dispute under the FCRA nor a DV request to a debt collector under the FDCPA requires that they prove their finding.
It requires that they investigate and reach a finding. You then remain with an contested matter that requres authority to decide. There is no judge in either the DV or dispute process, and thus evidentiary submissions are not a required part of either.
To get all the evidence before a fact finder authorixed to make a decision requires getting the dispute before a court, which has the power to require production of all relevanct evidence, and to issue a binding decision based on the evidence.
Once the administrative DV or dispute processes have been taken, you have their position on the dispute, not a finding of facts and legal decision.