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How do I fight a 30 day late?

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Stryder
Frequent Contributor

How do I fight a 30 day late?

My wife and I had a lot of baddies from issues in 2008. I became a member here and cleaned up thing 2 years ago and ended up with the scores you see below (they are not that now). Then in aug 2016 my wife lost here job and has not been able to find work since (she is 64). Since we were not fully on our retirement, I knew we wouldn't make it very far and eat up all our cash up, so I started collecting cards to help us through the shortfalls during this period, most of them having a zero interest 18mo deal attached. 

 

So we did accumualte about 20k in revolving debt, since my total TCL is 100k now, that amounts to about 22% of debt ratio, but for the most part I leveled out with scores around 720 fico 8 at that point... about what I figured.  My plan was when I would reach 66 and would not be collecting any more debt, I would get a debt consolidation loan, clean off the cards and pay off the debt over the next 4 years.

 

Then Hurricane Harvey happened (aug 2017). We got 50 inches in rain which was massive flooding everyhere. We were fine, but my work was not. I am a buyer for a large local fishing tackle chain here in Houston and the Hurricane was devasting to our business. Not only could our customers not fish due to the flooding, but most of them them lost their cars, homes, jobs ect....not much interest in fishing.

Our revenue plumeted and the store needed to cut hours for everyone (to keep from laying off).

 

The spirit in Houston through the rescues and the out pouring of help transcended even to the creditors. Infinity offered deferments on car payments so I contacted them over the phone and it was super easy, they deffered my payments for 3 mos... no paperwork involved. They said i woud still get my payment statements, but to ignore them. So I asked my wife to call GMC on our second car to see if they offered the same deal which would be perfect and enough help to get us by until the stores business picked back up again. She said they did offer the same program and we were good. One thing to note is that we had just traded in our older GMC because all the warranties had expired and I dont want to be exposed to large repair bills untill we were back on our feet again. We traded in our car 3 days before the hurricane, having no idea how bad it would be (the car we traded in got swamped by water up to its windshield in the car lot).

 

So heres where the problem is... I get a call at work from GMC financial about the car payment. I stated about the diferment and they said my wife must have been confused, because they weren't able to do it. I was stunned and panicked...it was 30 days past the due date when they called, so I said I would make a payment immediatley which I did. The payment didn't post until the next day...the 31rst day. My scores plummetted to 650-660. My reports all showed under payment history about lates as "never" before this. When you run up debt and show a missed payment, they murder you.

 

I called GMC Finacial and pleaded with them, the Management was un-moved by my pleas that it was a misunderstanding. I even made the second payment 2 days later since it was due now. and they didn't care. They treated me like I was trying to scam them??? How would I gain from doing this?? I never pay anything even one day after the due date... I know how bad just one late is. This is my third car with GMC...7 years with them...perfect payments.

 

I asked why they waited 30 days to call me and they called at work? they said they were trying to contact my wife?? She is on the title, but I bought the car with my credit and income...they had her listed as the primary. She is not the first contact on anything...I handle all the bills and she is not expecting any calls from unkown numbers, so she doesn't answer them. I have called and pleaded my case over and over and they refuse to remove the 30 day late from all my reports...this is devasting at the age of 66 because I tried to get the Debt consolidation loan from NFCU  on Friday( I have a tcl of 48k with them at 14% utilazation with them). I was turned down immediatley...have to wait for the letter, but I think the late killed me. Now if I can't find a loan these revolving accounts will start charging interest when the 18 mos runs out and its the 24% interest on some of these cards... thats when things start spiralling.

 

What can I do to get this removed? a lawyer? They were wrong by setting my account up wrong. I was wrong in my misunderstanding, but corrected it IMMEDIATELY once I knew what was going on..plus I paid on the 30th day...it didn't post until 31 days. I thought about going back to the dealership and talking them...threaten a lawsuit?

 

Message 1 of 6
5 REPLIES 5
Anonymous
Not applicable

Re: How do I fight a 30 day late?

I would take a softer approach rather than a harder one.  Email the CEO and explain your situation and how you were told one thing but experienced something else.  I would think with your favorable history with them and the nature of the circumstances you experienced in 2017 that with a little persistence they'd be willing to remove that 30 day late.  If it goes on for another month and you don't get the result you're looking for, you could file complaints with the CFPB and BBB and again state that what you were told wasn't accurate, which resulted in credit report damage.  Usually when involving those entities, they put pressure on the business and the business makes good on what they need to pretty quickly (within a week, many times).  I would start with the softer approach, then get more aggressive if you need.

Message 2 of 6
Stryder
Frequent Contributor

Re: How do I fight a 30 day late?

Thank you BBS! I will certainly try that, I'm not sure how to get the email addy for the CEO of GMC financial though. 

The Managers that I did talk to were totally apathetic to my situation. One of them kinda laughed at me saying he talked to people that lost their business, cars, everything... more less my plight was not worthy and they were using the 30 day late as punishment. Once again, how would a scam like this benefit me? I thought they were trying to help... Infinity was awesome.

I also feel they screwed up when they set my account up by not having me as the primary on the account. None of this would of happenend if they had called me.

Thanks again BBS for the input!

Message 3 of 6
Anonymous
Not applicable

Re: How do I fight a 30 day late?

I don't think they have to call you when you are late. They give you a due date and you know when it is. They may remove this for you, but I don't think they have done anything wrong.
Message 4 of 6
Anonymous
Not applicable

Re: How do I fight a 30 day late?

If you do a little Google searching, you should be able to find a CEO email contact, which should then involve the Executive Office that will likely get back to you pretty quickly.

Message 5 of 6
Anonymous
Not applicable

Re: How do I fight a 30 day late?

If they told your wife they would defer the payments then they should honor whatever their rep said. You have never been late before and wouldn’t have been if they rep didn’t give you false information. Im pretty sure they have a recording of the call.

You best bet would be to contact the CFPB
https://www.consumerfinance.gov/complaint/
Message 6 of 6
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