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I will try to make this short. I had a Dart that had a loan, the car was totaled in July 2013. The insurance company paid off 20k and some change, then the gap insurance send another 3600 to Ally financial. 45 days later i get a letter saying 340.00 was still owed on this loan.Then they send a bill saying 344.00 was owed. Then numerous attempts to resolve this with them has failed.So then they have tacked on a late charge bringing my total to 278.00 and then over the weekend, I received a letter saying that they have charged it off and send it to collections and that the total was now 389 owed. When i looked at the payment history, they only applied 18k to principal then applied 1800 as payments 4 of them as a matter of fact for a loan that was current. I have send a letter to them with no response. I have talked to numerous people, collections, supervisors, customer service, escalated reps, and not one person could tell me why it was applied like that or answer any other questions,. What recourse do I have in getting this corrected? Any advise would be appreciated.
You now need to send them a direct dispute of the accuracy of their reporting.
It will set a compulsory 30 day period for them to investigate and send a notice of results of their investigtion.
They must either verify the accuracy as curretly reported or correct the asserted inaccuracy.
They could verify the accuracy as reported, and are not required to provide documentation to support their verification, or "prove" its accuracy.
The disute process has no judges to resolve contested issues, and thus exchanging evidence and arguments to prove contested issues is byond the scope of the dispute processes under the FCRA.
If you still disagree, you may need to hire an attorney and bring litigation to get the unresolved issues decided by the court.
First disputing an providing them the opportunity to correct, with a set period for their response, is the first step, and places them on record as having conducted a reasonable investigation, and made a determination consistent with that investigation.
I would follow up with your GAP insurance coverage provider if you haven't already. This is what GAP insurance is supposed to cover ~ the difference between what you owe and the insurance company payout.
Also I'll move this to the auto loans board for better visibility.
Yes, you need to follow up with the GAP insr. co. See why they missed paying x amount. Ideally this should have been done earlier but do it now ASAP!