Please help this is my first post and I'm so thankful for all the useful information that I have learned from using this site. Im currently rebuilding my credit and I submitted a claim to the better business bureau for a company National Commercial Services collection agency. Long story short I had rented a car went out of town it was snowstorm blizzard and the car wouldn't start had to get back home to NC so I bought a ticket left the car and called the rental company. Nothing was wrong with car I just think it wouldn't budge due to the weather. When I started rebuilding I saw it was on my credit report sent valdiation letters asking for proof. All they sent was pictures of a dirty car and estimate. Nothing concrete in my eyes to prove the debt of $1675 orignally which increased to $2476 due to interest . I've attached the dispute for you to review and provide assistance. In the dispute they are still just listing charges and provided the estimate again. Now they want to remove the interest because of all sudden my BBB dispute due to NC laws. What should I do next ?
Consumer's Original Complaint :
disputing a negative charge on my credit report for $2476.
I've sent multiple letters to the business once I noticed this negative listing on my credit report. The original balance was$1675 now it $2476. I asked them to send me some proof of the charges for a repair for a rental that I had. All they send me is pictures , estimates and notes. The information that was provided to me is not sufficient. I want a detailed billing on how they came up with that balance. I did have a rental with thrifty but the car was paid for and there was no accident so I don't know where this balance is from.
Consumer's Desired Resolution:
I would like them to remove this negative collection item from my credit reports with Equifax, Experian and Transunion.
BBB Processing
07/07/2014 web BBB Case Received by BBB
07/21/2014 JG BBB Case Reviewed by BBB
07/21/2014 Otto EMAIL Send Acknowledgement to Consumer
07/21/2014 Otto EMAIL Notify Business of Dispute
07/29/2014 WEB BBB RECEIVE BUSINESS RESPONSE : On 12/1/2008, the consumer rented a vehicle from Thrifty Car Rental in Charlotte, NC. She declined the Loss and Damage Waiver, initialing that "Customer declines LDW and is responsible for loss or damage per terms of the Rental Agreement." The Loss or Damage portion of the Rental Agreement states that: "The renter and any additional drivers are absolutely liable for any loss or damage to the rental vehicle, even if someone else caused it or the cause is unknown, whether due to theft, fire, hail, flood, collision, vandalism, or any other cause, subject to limitations imposed by the law where the vehicle is rented. This liability will not exceed the full value of the vehicle, plus:
1. Actual towing and storage charges;
2. Loss of use;
3. Diminution in value, regardless of whether the vehicle is repaired or not;
4. All rental charges through the date you report the incident if not returnable or the return date, whichever is later;
5. Any out-of-pocket expenses incurred by us as a result of the loss or damage to the vehicle;
6. A reasonable administrative fee; and
7. Pro-rata license plate fees, all as allowed by law."
The vehicle was to be returned by 12/8/2008. On 12/09 the consumer spoke with Thrifty Car Rental and asked to extend the rental until 12/15. The consumer continued to extend the rental until 12/22. The consumer never dropped the vehicle back off to Thrifty, but rather told Thrifty where the car was and that the keys would be inside the house at the address, and the vehicle was towed back to Thrifty.
The Thrifty associate who assessed the car filled out an Accident/Damage/Incident Report for "undercarriage damage." A Thrifty employee described the Facts of Loss as such: "Details of the incident are unknown because the vehicle was towed back to location and the customer did not report the incident. The vehicle appears to have damage caused by spinning the tires off road or on ice."
Thrifty Car Rental received an estimate to fix the damage caused for $1360.44. The consumer has already received this document. This was also the final price for the repairs.
Thrifty had two additional fees listed for the vehicle, which were not previously broken down for the consumer. However, NCS has received an email from Thrifty Car Rental with the following details (attached to this response):
1. $50 Administrative Fee (see #6 above)
2. $265.15 Loss of Use Fee (see #2 above) for the time the vehicle was in the shop for repairs and was not able to be rented to additional consumers
These three charges come to a total of $1675.59. As Thrifty Car Rental could not collect this amount from the consumer, the account was sent to collections at NCS on 5/28/09. As the consumer is in fault for breach of contract, this collection amount was reported to the credit bureaus Experian, Equifax, and TransUnion, and has been placed on her credit reports. This account was generating interest, for a total of $800.15 as of July 5th, 2014, therefore the total reported to the credit bureaus at that time was $2475.74. However, NCS recently received a notification from the North Carolina Department of Insurance which stated that collection agencies were no longer able to charge interest on accounts in collections unless stated within the original contract. Since there was no interest in the original Thrifty Car Rental contract, NCS removed interest for all accounts in North Carolina, including interest on the account for this consumer. The elimination of the interest has brought the amount of the debt back down to $1675.59. This will be the amount reported to the credit bureaus on August 5th, 2014.
At this time, the consumer has asked for a specific breakdown of the $1675.59, and it has been given. The consumer also asked for this collection item to be removed from her credit reports. This is not possible, as this is a legitimate debt owed by the consumer to Thrifty Car Rental, and credit bureau reporting can continue until December 22, 2015. Please note that the amount reported to the credit bureaus as of August 5th, 2014 will be $1675.59 rather than $2475.74. The consumer can resolve the debt by calling into NCS at (818) 701-4400 and making payments.
08/04/2014 OttO EMAIL Forward Business response to Consumer
