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I was in an accident July 2008 that totaled my vehicle. I had only had the loan for 9 months at the time, with on time payments. I owed approx 25K, my ins co. paid 19700, and I had a balance of 5000 left. I did have GAP ins. It took the GAP ins co 5 months to pay off the balance because I had purchased with the Cap One Blank Check program and the GAP Co program had a hard time interpreting the paperwork because the original purchase using the check was treated as a cash deal at the car dealership. That aside, I got all that worked out and the GAP paid out in full on Jan 26th 2009.
When the car was deemed totaled, I took out an additional loan through CapOne because I needed a new car. Throughout the period between accident and final pay off from the GAP Co, I continued to make my $596 payment on the totaled car and my new $463 payment on the new car. During that time, my original car loan was not reporting any new activity to my CB (which is normal, I am told) until the account is paid off. For the record, following my official total loss notice, CapOne informed me that if I did not have GAP, then the $5000 was due in full within 10 days of total loss, and if I did have GAP, I was responsible to continue making my payment until the GAP paid off or rejected the claim (which they did not). So now that the Ins co paid, and the GAP paid, CapOne finally updated my CB. Here is where the prob is.
Once the account was paid, CapOne originally reported that I was 30, 60, 90, 120 days late beginning in Aug 08 to Jan 09. Listed as a paid charge off. Notations on the report are listed as a repo (skip was the term used). Obviously I was shocked. I disputed immediately. I contacted CapOne requesting a complete account payment history, which they provided, and it was accurate with my payments after totaled. CapOne responded to my dispute by removing the late payments, but listed the account as closed in July 2008 - no record of my additional 5 payments - and account is listed as derogatory and paid charge off. According to them, this was a charge off for them because the GAP co took more than 120 days to pay. Can they do this? They are not reporting all of my payements, the account was closed in Jan 09, and it was not a P/L writeoff for them. They got every dime for the loan, including an additional $800 in interest that I had to pay for the timeframe waiting for GAP to pay. I am completely beside myself right now. I have worked very hard to keep my credit good after recovering from my divorce 5 years ago. Now, my credit cards are lowering my limits, raising my interest rates, etc. because I look like I had a repo. My score has plummeted 120+ points. What is my standing here? Any help is appreciated.
While I understand your frustration, you should read your notes and security agreement that accompanied your blank ck. Once a vehicle is totalled, any balance remaining is due IMMEDIATELY. Even though you continued to make monthly payments, they did not reduce the number of days past due. I still fail to understand why GAP would take more than 120 days to pay.
The reason why the balance is due immediately is because when your vehicle was totalled, Cap One no longer had collateral to secure your loan. Hope this makes sense.
FTC... file a complaint.
You wrote --
"CapOne informed me that if I did not have GAP, then the $5000 was due in full within 10 days of total loss, and if I did have GAP, I was responsible to continue making my payment until the GAP paid off or rejected the claim (which they did not)."
Hopefully, you have in writing CapOne's instructions above. If you do and there were no other conditions in the letter regarding the continuance of making the payments, consider doing the following.
1. Send them a letter (certified) regarding your problem.
2. Include copies of their instructions to you, copies of your cancelled checks, and your credit report.
3. Explain to them the damages their reporting has done to your credit report and additional cost/damages you have incurred to date. ie. higher rates, lowered credit limits and lowered credit scores.
4. Make a demand for them to correct the problem within a specific time frame. ie. 30 days
5. Copy your lawyer on the correspondence.
If you get no relief, have your lawyer write the next letter.
This is so sad and makes me mad. I had a very similar situation a year earlier. Fortunately, I was financed by one of the automakers. I think they work with you better in such situations because of course they are hoping to replace the car for you. It seems to me that you might have discussed the arrangements for the new car financing so that you could tie them together so that they would not treat you like you were running out on your debt. (we have these problems of course because many people don't take care of business, have a wreck and think they should be able to walk away from it. Idiots)
I actually ended up so much better off. I got the same car again, only in the color I wanted and couldn't get the first time. My scores reacted to what looks like I bought a car paid it off six months later and bought a new one. I didn't know how that would work on my score and asked here but no one seemed to know or care. At any rate, totaling a car is a pretty good way to boost a score. LOL
Now don't get me wrong, there were some downers. First I would always buy GAP independent of the dealer from now on. The GAP coverage offered by your auto financing is always sub-prime. I did not have to use it so the car was so new they were returning the whole premium. Although it was in the purchase contract (another stupid mistake) the return went to the dealership instead of me. After a few conversations about that, I left that dealer after ten years and four vehicles. (Over such a small amount of money, and this was before they were as desperate as they are now)
I paid four months of payments while waiting on my car. This and Geico (boy were they great) paid it off , so no need for GAP.
I learned a lot and I know you did. My take on this is that the only difference in our situations really appears to be who we did business with. Cap one had no incentive to treat you as a continuing auto customer for some reason. If they had they surely would not have taken action to hurt you credit. And the GAP insurance just sounds like pond scum. Check with GAP higher up the food chain, it is so inexpensive anyway.
I wish you well and next car purchase get some good help choosing your coverage. I know I will always look at that differently in the future. Both in financing and in insurance coverage,
Good luck,
CI
I'd like to thank you for posting this. I bought a new car in august. I traded in a car that i was upside down in but i absolutely wanted out of the 24.99% interest rate i had. I ended up financing sticker price on my new car and i never knew anything like GAP coverage existed until i read your post. I called my insurance agent today and asked if i had this coverage and she told me i didn't. she told me you have to get this coverage when the car is first purchased and that it's nearly impossible to get the coverage after the fact. I let my agent know that i was very unhappy that they didn't mention this when i added this car to my insurance. she went to bat for me with the company and i got the coverage added. Right now i owe 29K on my car and it's retail value is around 21K. thanks to this post i am now covered in the event of a total loss. thank you very much
I am so glad that you got the info and acted on it. Never in my life did I expect to ever use GAP insurance. I , like you, learned later than sooner about it, but in time. It is the cheapest coverage one can purchase and yet it can really save you if the worst should happen. Let's face it, auto values change just putting the key in the door, so it is very unlikely that our regular insurance would ever take care of the whole loan if our cars are a loss. And that is certainly not a time to be having financial stress.
Good luck to you and and enjoy the car and watching that balance diminish each month.
CI
@Alpha wrote:I'd like to thank you for posting this. I bought a new car in august. I traded in a car that i was upside down in but i absolutely wanted out of the 24.99% interest rate i had. I ended up financing sticker price on my new car and i never knew anything like GAP coverage existed until i read your post. I called my insurance agent today and asked if i had this coverage and she told me i didn't. she told me you have to get this coverage when the car is first purchased and that it's nearly impossible to get the coverage after the fact. I let my agent know that i was very unhappy that they didn't mention this when i added this car to my insurance. she went to bat for me with the company and i got the coverage added. Right now i owe 29K on my car and it's retail value is around 21K. thanks to this post i am now covered in the event of a total loss. thank you very much