07-12-2012 09:12 AM
For months I received my monthly loan statement/bill and was paying it on time, THEN I got no STATEMENT. (August 2011), I called Citifinancial and after being transferred about a dozen times, I ended up with a Customer Service Rep (CSR), that informed me that my loan was moved to Collections after I claimed Bankruptcy in July!
Needless to say, I did NOT.
After discussing this with the CSR for about an hour, they let me pay my bill over the phone, and assured me they would FIX this problem.
September's BILL did not arrive. After another 3 hours on the phone and various CSR's. I once again paid my loan, and was once again told they would FIX this.
October: No BILL, and in my busy schedule, by now, I've forgotten about paying a bill, that never arrives, in any form or fashion. A few months later, I realize this, and try once again to pay my bill(s) and fix this problem, by now, no-one will talk to me, they only want me to Settle the loan.
Admittedly, I forgot to pay between Oct 2011 to Feb 2012, this is my mistake but the source of this problem is a mistake CitiFinancial/OneMain made.
Are they NOT liable for ANYTHING for this Mistake? I would still be making my monthly payments and still have a good credit rating if they had not totally dropped all correspondence with me.
Is there anyone reading this, that can give me advise on whether I have a Legal Right to go after Citi/OneMain on this? Or is my only option to pay the settlement amount, and start rebuilding my credit?
07-12-2012 09:54 AM
What would you legally go after One Main for? Go after them for the lates? If so, you'd have to show damages as a result of the lates. Or go after them for paid interest that maybe you didn't have to pay had they marked you on time? Again, you'd have to do the math and show damages.
I'd check your loan agreement. They might have a provision in there requiring payment regardless of statement. It's just like paying rent. You don't get a statement by which to pay the rent. It just has to be paid. Same applies to some loans and other credit items. I have a personal loan and a mortgage right now that I don't get any statements (except when the mortgage payment changes). Maybe you can argue that if you paid on time in that Aug. and Sept., then there shouldn't be any lates showing, but you'd have to prove that you did pay on time. I'd say you're stuck with any lates beyond that. You can't argue you didn't know you had a loan because they'd show proof otherwise in court.
07-12-2012 10:28 AM
yes, there's really nothing to go after for there's no losses, only my credit score.
I just can't believe this crappy thing they did to me, if they hadn't made the mistake, I would still be paying my monthly payment, and my credit score would still be good.
I was not prepared to go from monthly statements to NO statement at all, no letter informing me that i would not receive anything.
the statements just STOPPED coming, and my account number changed 3 times. I got no late statement, no calls, nothing. Because as far as they knew, I claimed Bankrupcy, and they are not allowed to harrass after that. I totally got the run around from them. When I spoke to someone in customer relations, they said my account was in Collections. No transfers, just "Call this number", I finally got a person to talk to at that number, and they tell me, "you filed bankrupcy, you must call Bankrupcy Department at this other number. I finally get some at that number, and they say my account is NOT in bankrupcy, call Collections!
After the 2nd month of chasing THEM down to pay my bill and them telling me I would get a bill next month, I trusted that they would do this, and put no further thought into it. I assumed my wife got the bills and paid them, but in fact she did not for she's only concerned with BILLS we recieve, not billed she must assume we must pay.
Now some questions to the Credit Score Guru's.
Does my Credit score continue to slip, as this charge off lays on my credit report?
OneMain has already asked me to just pay half of the loan to settle the account. Does Settling a loan, have a negative affect on my credit score? (more so than having a Chargo off sitting on it?). For I am currently paying my monthly installment, even though, I've already taken the credit score hit.
It appears I have already paid the time, should I do the crime?
07-12-2012 11:55 AM
Your issue appears to focus on billing issues. The Fair Credit Billing Act (FCBA) provides a dispute process directed at billing errors.
I would consider a dispute under the FCBA.
The FTC web page has an excellent summary of the process.