Auto Loan 30 day late

[leo1018]

My auto payment history with Santander was perfect, then suddenly in January of 2013, on two reports (EQ, EP) I had four thirty date lates.  I have disputed this with Santander and they say the history is correct, but even using their own payment history printout it is not.  I am at a brick wall on getting this resolved and this one item has put the brakes on mortgage this spring.  

Yes, these four months I was past the ten day grace period, but payment was made with fees before the next due date.  The latest one came to be was 29 days and still before the next payment date.  There response was this was accurate thirty day reporting and they are allowed to report this way because of my "payment history"..even though one of their own reps told me it would not report since it was before the next payment date and was on the 29th day.

I guess my questions is this-can they do this?  How do I get it removed?  And can a creditor go back on your payment history and change it after it has already reported for months as ok?  Also, if they are the ones reporting this, then why isn't it on my TU?  

[ImprovingYouth]

Well point blank they cannot do this. It is borederline fraud to report something under 30 days late as being 30 days late. The problem is not if they are allowed to do it, but how much you can do to get it removed. Dispute the records with you credit agencies citing documentation of you payments prior to being 30 days late on the payment. Maybe that will get you somewhere but I doubt it. Honestly with this company they might just throw it back on after you get it off anyway.

You might need to contact a lawyer, tbh.

Good Luck!

[Flying_Spaghetti_Monster]

Can't you just dispute it with the credit bureaus showing payment times with receipts and/or printouts?  That's what I'd do.

[DaBears]

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@leo1018 wrote:

My auto payment history with Santander was perfect, then suddenly in January of 2013, on two reports (EQ, EP) I had four thirty date lates.  I have disputed this with Santander and they say the history is correct, but even using their own payment history printout it is not.  I am at a brick wall on getting this resolved and this one item has put the brakes on mortgage this spring.  

Yes, these four months I was past the ten day grace period, but payment was made with fees before the next due date.  The latest one came to be was 29 days and still before the next payment date.  There response was this was accurate thirty day reporting and they are allowed to report this way because of my "payment history"..even though one of their own reps told me it would not report since it was before the next payment date and was on the 29th day.

I guess my questions is this-can they do this?  How do I get it removed?  And can a creditor go back on your payment history and change it after it has already reported for months as ok?  Also, if they are the ones reporting this, then why isn't it on my TU?  

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Hi leo1018 and welcome to the forums!!!! Santander can remove the lates if in fact it's their error. If the payment they are receiving from you is within the 30 days they should not be listing lates on your credit reports that would be inaccurate information which could be a violation of the FCRA. Do you have documentation proving the payments are being made before the 30 day period? I would call and talk to a supervisor or manager to get it cleared up. those recent 30 day lates can and will affect your credit score for up to 2 yrs and then start losing their sting. Keep us updated.

[guiness56]

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@leo1018 wrote:

My auto payment history with Santander was perfect, then suddenly in January of 2013, on two reports (EQ, EP) I had four thirty date lates.  I have disputed this with Santander and they say the history is correct, but even using their own payment history printout it is not.  I am at a brick wall on getting this resolved and this one item has put the brakes on mortgage this spring.  

Yes, these four months I was past the ten day grace period, but payment was made with fees before the next due date.  The latest one came to be was 29 days and still before the next payment date.  There response was this was accurate thirty day reporting and they are allowed to report this way because of my "payment history"..even though one of their own reps told me it would not report since it was before the next payment date and was on the 29th day.

I guess my questions is this-can they do this?  How do I get it removed?  And can a creditor go back on your payment history and change it after it has already reported for months as ok?  Also, if they are the ones reporting this, then why isn't it on my TU?  

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I would not even bother disputing with the CRAs.  The dispute is more than likely to come back verified because Santander already told you they were accurate.

Send a direct dispute to them under FCRA 623(a)(8).  They have to investigate, make changes and update/delete within 30 days directly to you.  If they do not you may have to bring suit against them.  You will need to provide as much documentation as possible to prove your case.  If they fail to correct there are other avenues to take to get it corrected. 

Here is the template, leave the bolded black and fill in the blue areas.

This is a Notice of Direct Dispute with you, under the provisions of FCRA §623(a)(8)(D), of the accuracy of information you have reported to my credit file.

   “In compliance with FCRA §623(a)(8)(D), and enacting regulations published at  16 CFR § 660.4, this Notice of Direct dispute includes:

 “Identification of the specific information being disputed:

           (specify the account number, and the specific information that is disputed under that identifying account)

“Basis for the dispute:

            (how the reporting was inaccurate;    was any reporting in violation of any statutory or egulatory provisions?  account or express agreements?  CRA reporting gudelines? Account not yours? etc.)

“Supporting documentation:

            (all documents that support your dispute; it is recommened to also include,  as part of your documentation, at least a copy of the portion only of your recent credit report showing their reporting of the disputed information was actually reported to your credit flle.  The implementing rule suggests a  showing that it appeared in your credit report)