Americredit Financial Services Charge Off With Only 8 Payments Left. Refused to Accept a Payment Unless Whole Amount Paid, Acceleration of Loan ripoff Phoenix Arizona

To persuade Americredit to remove the erroneous late on your credit report(s), you need to send a few letters. Since you have disputed with the CRA about the late on the CR, you are already starting in the right direction. This has now put you in an actionable position IAW the Fair Credit Reporting Act (FCRA).

Sending letters not only provides the neccesary papertrail, but allows you to communicate clearly, without emotions getting in the way. No matter how level-headed one is, dealing with these situations will eventually get the better of him.

Start with this letter to Americredit:

RE: Account #
CERTIFIED MAIL RETURN RECEIPT REQUESTED #

Dear AmeriCredit,

You are inaccurately furnishing information regarding the above-referenced account to the CRA's in violation of the reporting requirements of the FCRA, Section 623, Responsibilities of Furnishers of Information, and for which you are responsible.

I dispute your information in its entirety and request evidentiary documentation that substantiates the information you have furnished and its reporting.

Should you not be able or willing to provide me with the substantiating documentation as verification to cure this violation, within the next 30 days, please have the information deleted from each of the CRA's you initially furnished it to or, alternatively, do not respond to the next dispute that I initiate through the CRA's

Nelson v Chase Manhattan, 2002 provides a cause of action for individuals against furnishers of information.

Sincerely

Your info here



They will probably ignore the request...
You will then have to send this second letter for a better papertrail:



your name
address field 1
address field two

month day, year

name of original creditor
address field one
address field two

CERTIFIED MAIL RETURN RECEIPT REQUESTED #
RE: ACCOUNT NUMBER AS IT APPEARS ON YOUR REPORT

Dear AmeriCredit:

You are inaccurately furnishing negative information regarding the above-referenced account to the major CRA's in violation of the reporting requirements of the FCRA and for which you are responsible.

I have previously disputed the above-referenced account and its reported information with the consumer reporting agencies, without resolution.

I dispute your information in its entirety and request evidentiary documentation that substantiates the information you have furnished and its reporting as verification of the information you have provided and its present reporting.

For your benefit and as a gesture of my goodwill, I have enclosed the FTC's required informational disclosure entitled, Credit Reports: What Information Furnishers need to know which defines and clarifies your responsibilities and potential liability as an information furnisher.

Should you not be able or willing to provide me with the substantiating documentation as verification of the present reporting, to cure these violations within the next 10 business days, please have the 30 day late payment deleted from each of the consumer reporting agencies that you have furnished it to as required.

Should you again fail to fulfill your mandated duties and responsibilities, I will have no other recourse but to consider bringing legal action against AmeriCredit for its continued non-compliance and violation of the FCRA, under which is provided an individual cause of action for enforcing its provisions.

I expect final resolution of this matter within 10 business days and look forward to receiving written confirmation of my request as well as written confirmation of Americredit's intended actions.

Sincerely,


Your name here

**Print and include the FTC's disclosure: http://www.ftc.gov/bcp/conline/pubs/buspubs/infopro.htm


The second letter proves your intent to sue them over their violations of the FCRA... To the tune of $1,000 PER VIOLATION (each credit bureau X each month passing = violation, so you have somewhere in the neighborhood of $15,000 as of today). If they fix it, great... If not, hire an attorney versed in Consumer Law. Once you sue them, they will want to settle quickly to avoid damage to their stockholders, a public relations nightmare, and the enormous legal fees that Federal Court litigation brings. Americredit rarely budges in the consumer's favor without the threat of impending litigation.

Be careful, however... They may, out of spite, delete the ENTIRE tradeline from your credit reports. This may cost you a bit in your credit history (as an account that never existed).


And, finally... Here's the FCRA section in question. Good luck!


623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. 1681s-2]

(a) Duty of furnishers of information to provide accurate information.

(1) Prohibition.

(A) Reporting information with actual knowledge of errors. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or consciously avoids knowing that the information is inaccurate.

(B) Reporting information after notice and confirmation of errors. A person shall not furnish information relating to a consumer to any consumer reporting agency if

(i) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and

(ii) the information is, in fact, inaccurate.

(C) No address requirement. A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph (B) shall not be subject to subparagraph (A); however, nothing in subparagraph (B) shall require a person to specify such an address.

(2) Duty to correct and update information. A person who

(A) regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the person's transactions or experiences with any consumer; and

(B) has furnished to a consumer reporting agency information that the person determines is not complete or accurate, shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information, that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any of the information that remains not complete or accurate.

(3) Duty to provide notice of dispute. If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer.

(4) Duty to provide notice of closed accounts. A person who regularly and in the ordinary course of business furnishes information to a consumer reporting agency regarding a consumer who has a credit account with that person shall notify the agency of the voluntary closure of the account by the consumer, in information regularly furnished for the period in which the account is closed.

(5) Duty to provide notice of delinquency of accounts. A person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall, not later than 90 days after furnishing the information, notify the agency of the month and year of the commencement of the delinquency that immediately preceded the action.

Note: CONSUMERS HAVE A CAUSE OF ACTION TO ENFORCE THE FOLLOWING, BUT ONLY IN RESPONSE TO A CRA INITIATED DISPUTE FIRST (This is what Nelson v Chase Manhattan is based on; so with a dispute specifically to the furnisher you're looking requirements ABOVE here)

(B) Duties of furnishers of information upon notice of dispute.

(NOTE: The folloing is about a notice initiated by consumers through the CRA dispute)

(1) In general. After receiving notice pursuant to section 611(a)(2)
[ 1681i] of a dispute with regard to the completeness or accuracy of any information provided by a person to a consumer reporting agency, the person shall

(A) conduct an investigation with respect to the disputed information;

(B) review all relevant information provided by the consumer reporting agency pursuant to section 611(a)(2) [ 1681i];

(C) report the results of the investigation to the consumer reporting agency; and

(D) if the investigation finds that the information is incomplete or inaccurate, report those results to all other consumer reporting agencies to which the person furnished the information and that compile and maintain files on consumers on a nationwide basis.

(2) Deadline. A person shall complete all investigations, reviews, and reports required under paragraph (1) regarding information provided by the person to a consumer reporting agency, before the expiration of the period under section 611(a)(1) [ 1681i] within which the consumer reporting agency is required to complete actions required by that section regarding that information.

(C) Limitation on liability. Sections 616 and 617 [ 1681n and 1681o] do not apply to any failure to comply with subsection (a), except as provided in section 621?(1)(B) [ 1681s].

(d) Limitation on enforcement. Subsection (a) shall be enforced exclusively under section 621 [ 1681s] by the Federal agencies and officials and the State officials identified in that section.

Our problem is this...we financed a car thru Americredit in Dec. 2004 and NEVER missed a payment! In Dec of 2005 we called them because we knew that we may be late on that month's payment. They suggested deferring Dec 2005's payment to the end of the contract to help us out and to AVOID any late notices on our credit report. So we did this. We paid over $100 for a fee and interest to have this done. Then Jan 2006 we traded in this car on a brand new car BEFORE the Jan payment was due. The car dealer called Americredit and got the pay-off amount and paid off the car!

In March 2006 we receive a bill from Americredit for some $600! We call them and ask what it's for and they say this is what's left after what the dealer paid. Well, we call the dealer and he said they paid the total amount that was due on the vehicle and there wasn't anything left owed! So, we get this part cleared up finally and they agree and say we don't owe anything. They found proof that the dealer called and was told what amount to pay.

Then we get our credit report and see that they have us listed as past due for JANUARY 2006!!!!! They listed us 30 days past due for a payment that was NEVER DUE! THE CAR WAS PAID OFF BEFORE THE JANUARY PAYMENT WAS DUE!

So, again we call them because we want this derrogitory information corrected on our credit report. They tried telling us that we were late for Dec 2005!!! We give them proof that we had that payment deferred. Then they say OH NO! You were late for January 2006!!! Then we ask how this is so if the car was paid off BEFORE the Jan payment was due??? SILENCE.....MORE SILENCE.....(jeapordy music plays in the background) They had no answer. They said they'd go ahead and change the information with the credit beaureu. Did they? Not yet and it's the end of April. Their 30 days have been up for about two weeks now.

We have disputed this with the credit beaureu and Americredit is replying saying the 30 days past due is correct information!!!

Now what???

Our problem is this...we financed a car thru Americredit in Dec. 2004 and NEVER missed a payment! In Dec of 2005 we called them because we knew that we may be late on that month's payment. They suggested deferring Dec 2005's payment to the end of the contract to help us out and to AVOID any late notices on our credit report. So we did this. We paid over $100 for a fee and interest to have this done. Then Jan 2006 we traded in this car on a brand new car BEFORE the Jan payment was due. The car dealer called Americredit and got the pay-off amount and paid off the car!

In March 2006 we receive a bill from Americredit for some $600! We call them and ask what it's for and they say this is what's left after what the dealer paid. Well, we call the dealer and he said they paid the total amount that was due on the vehicle and there wasn't anything left owed! So, we get this part cleared up finally and they agree and say we don't owe anything. They found proof that the dealer called and was told what amount to pay.

Then we get our credit report and see that they have us listed as past due for JANUARY 2006!!!!! They listed us 30 days past due for a payment that was NEVER DUE! THE CAR WAS PAID OFF BEFORE THE JANUARY PAYMENT WAS DUE!

So, again we call them because we want this derrogitory information corrected on our credit report. They tried telling us that we were late for Dec 2005!!! We give them proof that we had that payment deferred. Then they say OH NO! You were late for January 2006!!! Then we ask how this is so if the car was paid off BEFORE the Jan payment was due??? SILENCE.....MORE SILENCE.....(jeapordy music plays in the background) They had no answer. They said they'd go ahead and change the information with the credit beaureu. Did they? Not yet and it's the end of April. Their 30 days have been up for about two weeks now.

We have disputed this with the credit beaureu and Americredit is replying saying the 30 days past due is correct information!!!

Now what???

Our problem is this...we financed a car thru Americredit in Dec. 2004 and NEVER missed a payment! In Dec of 2005 we called them because we knew that we may be late on that month's payment. They suggested deferring Dec 2005's payment to the end of the contract to help us out and to AVOID any late notices on our credit report. So we did this. We paid over $100 for a fee and interest to have this done. Then Jan 2006 we traded in this car on a brand new car BEFORE the Jan payment was due. The car dealer called Americredit and got the pay-off amount and paid off the car!

In March 2006 we receive a bill from Americredit for some $600! We call them and ask what it's for and they say this is what's left after what the dealer paid. Well, we call the dealer and he said they paid the total amount that was due on the vehicle and there wasn't anything left owed! So, we get this part cleared up finally and they agree and say we don't owe anything. They found proof that the dealer called and was told what amount to pay.

Then we get our credit report and see that they have us listed as past due for JANUARY 2006!!!!! They listed us 30 days past due for a payment that was NEVER DUE! THE CAR WAS PAID OFF BEFORE THE JANUARY PAYMENT WAS DUE!

So, again we call them because we want this derrogitory information corrected on our credit report. They tried telling us that we were late for Dec 2005!!! We give them proof that we had that payment deferred. Then they say OH NO! You were late for January 2006!!! Then we ask how this is so if the car was paid off BEFORE the Jan payment was due??? SILENCE.....MORE SILENCE.....(jeapordy music plays in the background) They had no answer. They said they'd go ahead and change the information with the credit beaureu. Did they? Not yet and it's the end of April. Their 30 days have been up for about two weeks now.

We have disputed this with the credit beaureu and Americredit is replying saying the 30 days past due is correct information!!!

Now what???

Rachel,

Thanks so much for taking the time to respond to me! Like you, I know that there are those out there ready to bash us and to talk bad about us and how we should shut up and pay our bills, etc. and so on. They haven't been there and done that like we have! And by God, our day will come! We will move on and get on with our lives and we will have GOOD things happen instead of dealing with this crap from day to day!...LOL..Well, you know what I mean.

I am glad that somehow you can move on with things and I pray that someday something great will happen for you and your family and that you will get justice for all the wrong doings that you have been through. You and your family deserve the best!

Yes, we do intend on paying the settlement of $1400. We are waiting on our refund from income tax and I have money coming from going to school. I also have to have some work done on "Blue Bonnet". She has a bad cough!..LOL. And I will take care of that too. I am so ready to move on with my life and put this nightmare behind me. This is not "LIVING" by any sense of the word.

I think that we are just shocked that they even considered working with us after all that they have said to us in the past. I think that that is what scares us the most is that they might just be playing one of their little mind games. No, I won't drive it around until I know for sure that I have settled things. And by golly, I want my title! Don't know how long that will take? I think that I am just ready to pay it off and to put another 100,000 miles on it..LOL...Then, maybe luck will come and I can afford to finance a small car with a reputable company besides Americredit!...Oh, I know, we all have dreams...LOL.

Rachel, from a retired Navy family to another military family, take care and may God Bless y'all!!!!

It sounds like the letter of settlement is ok since it was mailed to you , but what little I have ever received is not signed, so that is probably just their style. I would take that amount and pay it as quick as I could before the offer changes. I realize that people dont understand how Americredit can be and what they are capable of doing, because I have been chastised on here for telling my horror story and even called an unfit mother. I have even been singled out by an affiliate of Americredit for posting several statements and rebuttals.
But yet that is what this website is for. To help others and also to let them know what the company is capable of doingl. IF others choose not to believe it then that is their problem.
I wish I had someone to tell me how this company is and how the high interest represents loansharks. Some people on here say Americredit gave them a chance when other places wouldnt and that is probably correct. The problem that I have with the whole thing is that if they were so upstanding and such a decent company, they could lower the interest rate and still make money off of consumers. Make alot more money and have alot more business than they do. OR maybe just offer consumers a lower interest rate after paying on time for say six months or offer some sort of incentive instead of acting as loansharks to consumers that they know have had financial problems in the past. Why would you continue to add all these ungodly charges to peoples loans and expect them to pay almost double and sometimes triple than the original loan. I think people should pay their loans back and that is not my beef with this company. It is their actions when people try to get reduced interest rates through the military SCRA and how they purposely ignore requests over and over, etc and then you have to get on their level to get something done. Regardless of what some immature people have said about me, I do have a life Sherri. I have a very full and busy life.
I go to the nursing home every Sunday and take my 80 year old Uncle out for lunch and take him to the store or just get him out of the nursing home for awhile. I dont ride him on my back, so guess I have a car, irregardless of what some know it all said about me.
Americredit operates as loansharks and that is their style and they will never learn that acting that way is not going to get you more business or help others to refer anyone else to Americredit. They punish people by charging these ridiculous amounts and just add on and add on charges and dont want to bother notifying you how they come up with these charges. Either they are harassing you or ignoring you, one or the other. Any legitimate company will identify themselves when they call your home or friends, family , etc. Americredit is known for scamming people and have done so many times. The negatives reported on this company outweigh the positives.

The company is very unorganized and this is why alot of people get so many different amounts that they supposedly owe and get the runaround alot of times and are transferred to all these different departments and kept on hold and then hung up on, because of so much disorganization.
When we first got the loan with Americredit, we called the original 800 number we were given and we kept getting an attorney's office. ON about the 3rd call the receptionist said are you trying to call Americredit and we said yes. She said let me give you their number. She said we get about 30- to 40 calls a day and sometimes more for Americredit. She said that company doesnt even know their own phone number.
She said it looks like they would give out their correct number for customers. That was my first clue that something was very shady about this company. What company doesnt know their own phone number and then purposely gives the wrong one out to their customers. We reported this to customer service and were told it would be addressed but never heard anything back about it.

As I stated before I do believe in paying what you actually owe, but not all these trumped up charges that Americredit adds for their own greed. A 92 year old man hit me and he made a left turn where there wasnt one and he messed my knee up bad and also broke my collar bone and I suffered damage to my rotor cuff. I have already had surgery and months and months of physical therapy and no, fans out there, this is not a sob story, so relax. I will never be able to do modeling again, which I did as a side job, and so do you think I should sock it to the old man and just drain him dry just because I can. Should I just take the poor thing to court and sue his pants off and his poor wife who he was taking to the doctor the day it happened??? Of course I shouldnt. HIs insurance company should pay my medical bills which they did and offered me very little compensation for my suffering and my surgeries. I am still awaiting a knee replacement due to this wreck. I had perfect knees before this happened, but when life hands you lemons, you make lemonade. IT wasnt my fault the wreck happened, but yet I could get real greedy and just take this poor thing to court and sue him, his family, and etc. That is what Americredit would do and that is why they are so greedy. You dont have to go overboard to try to get blood money out of people. There is a difference in a loan and a loan shark.
I have already had one surgery and have to go to water therapy 3 times a week and the wreck was two years ago. My knee is in constant pain, and yet I still work and yet am a mother and so on.

Nobody wants sympathy from this company and I know I sure dont. YOu dont screw people out of money just becasue you can and call it legal. I could legally take this old man to court and drain him, but that is not my style. I could use the excuse well he shouldnt be driving and so forth, but the truth is , maybe he had no choice in the matter but to drive and his wife had to go to the doctor that day, so he took her.
Just like alot of people have no control when their credit goes bad or when they fall on hard times and are late on payments and so forth. It is not about SOB STORIES, it is just called life.
I have seen comments on here ,,such as ,same story, just different names. I think that is very rude and very judgemental. The stories are not the same. Some are alot more horrid than others and some are just down right awful what Americredit is capable of doing to people.
Who am I to say that anyone's story and experiences are not valid. That is not for me or anyone else to say. Whether you are posing as working for Americredit and refuse to identify yourself, or whether you actually do work for them, it doesnt matter.
As I stated before, if you have had no trouble with Americredit, then that is wonderful for you, but most of us on here have. I have had alot of businesses that I like and have worked for me, but I bet if I looked them up, I would find someone who didnt like them. But, I am not taking the time to go on websites to demean and try to discredit others because they dont like them. I know what happened in my case and I dont need anyone else to question my own life experience and nighmares with this company.

I hope the best for you Sherri and hope you can get this settled once and for all. I know you will be glad to put this all behind you.
I guess I will get some slack for posting another rebuttal from some of Americredit employees, but that is ok. You cant please everyone. They can find the time to get on rip-off but they cant find time to answer certified letters sent to them on several occassions. I hope the letter you received is on the level and hopefully you will be done with this company.

BEST OF LUCK TO YOU AND YOUR FAMILY.

Update of my situation:

Rachel, Thank you so much for your replies and advice! You have definitely been there and done that and I hope that all goes well for you!

I am the one with eight payments left on the car. Well, I was sent a cheesy looking "Acceleration Notice" in January and have received nothing since then. Hubby recently began a new job in February and yes, it is stable. We desperately want to catch things up and that includes the car!

Well, Lo and Behold, Rachel, I received a letter today from them. A "Settlement Offer" Letter from their Collections Department. Of course, it is not signed, but...anyhow...LOL. They have offered to settle for $1400...Half of what I supposedly owed! I am in total shock! They are offering this as long as it is paid by June 2nd. They say "59 days" after date of letter. The letter is dated April 6th and it took it 11 days to get to me from Texas! I am sure that they just mailed it out. But, 59 days from now is June the 4th or 5th. I have counted on a calendar! So, I don't know how to take all of this. Do I believe them or not? I hope and pray that they are not up to some squirrelly business practices and that they ARE legitimate because we want to get on with our lives! There should be some way that I can come up with that by then, I hope and pray!..LOL. We are so stuffed using my hubby's truck, but because of their sneakiness, you can't trust them at all! And you know exactly what I am talking about! I am so ready to be able to use my van! Pay it off and live with it for a while! Besides, we have been told that it is not worth what we owe on it and it needs to go to the car doctor for some work! It grunts and sputters and runs rough, but hey, I'll have it fixed and go on with my life instead of being under their thumb all of the time!

Thanks again, Rachel and others who have been supportive to me!

Wishing good thoughts for all of us and hoping for the best!

Hey and I am sorry you are still having trouble with these loansharks. We have about 4 different amouints that we supposedly still owe on our credit reports. I would call them back and ask them exactly what they are saying that you owe on the van. It will probably be the amount that they are showing on the acceleration letter.
Americredit is known for doing this type of thing without notice. We could never get a straight answer out of them, and that is why i sent things certified and kept receipts and always wrote down names and numbers of people that I talked to.

There is a Frank Delgado in Recovery who really has no authority but he did tell us exactly what we supposedly owed after we found out that ours was put in charge-off. His boss is Deshani Walton, but they also didnt try to do anything to help us after the charge -off was put on, as far as working something out. Usually it goes into recovery after it is put in charge off and from then to Repo. I cant believe in your state that the Repo guy actually comes to the door. In my state of North Carolina, you get no warning at all from the company or the repo lowlifes. I think Americredit adds all these fees and the extra 800 is more or less some kind of interest or charge they have made up. The BBB got a different amount we owed when we reported them, than what we got.

I would hide the vehicle too, and that is not my style normally, but these loansharks will not work with you and it is a shame with only 8 payments to go, that you have to go through this.
They put mine in charge off for 333 dollars. so they say, and that was nothing but interest that we were not supposed to pay since he is in the military.

Now they have went from 333 to 14,000 and they told the BBB we owed 7,000. So, the liars dont really know what they want you to pay.
IF I had the money to pay them off, I would call them that day and say look, I am paying this amount and send it either by money order or western union to have your receipt of pay off.

Hope you can get this taken care of and I know from experience how stressful this kind of thing will be. Our situation has been sent to the BBB, Attorney General, Pentagon, and we even wrote the PResident. I am gathering all I can when ours goes to court, I will be ready for the crooks. They had the nerve to tell the Attorney General that I told them I hoped they burn in hell. I did say that and also I told them that hell was too good for crooks like them. OF cours they denied all they have done to us, but I have proof that they did , so let them weasil out of that.

Hope you can get rid of them once and for all because if they do get the vehicle, I can assure you the amount will keep going up and up.
Let me know if I can help you in any other way.
Dont let that stupid Repo company make threats to you or your son either. It really makes me mad when people say that these type of loan companies lose money when they repo a car. That is nothing but a bunch of crap. They make money off it big time and they love doing this to people.

They do it too much, not to make a killing off of it. We tried to refinance ours when we had Americredit in the beginning, but we never could. I didnt like them from the very start and after my husbands deployemnt, I found out what they are really made of. Americredit loves to add on these charges and never tell you how they got them. We have yet to get a response from a certified letter sent to the CEO's on January 14th, 2006. So I just email them daily with the same request.

Finally one CEO said, dont you have anything better to do? How is that for customer service? Instead of answering my questions, he is complaining that I am contacting him. Shows you what they think of their customers. Chris Choate is one of the biggest jerks at Americredit. He is a useless washed up lawyer that cant get a job anywhere else, so he just steals from people and calls it legal. HE even has a CHris Choate Family FUnd set up at Americredit and I wonder how much of our money has went into the crooks fund.

IF you can swing it, just pay the idiots off and be done with them. I wish we had the opportunity to do something before ours was taken. We found out by letter six days after the fact. and then it was too late with all those extra added fees.
Sorry I cant be more helpful to you, but with loansharks , they do exactly as they please.

Sherri,
Have you checked into maybe refinancing with another company or maybe trying to get a loan with a local finance company.

It may sound harsh or unethical, but if your not able to pay if off, get another loan, get refinanced, I would hide the van, keep sending in what you can by western union that way you have proof they recieved it. Keep in mind that they will keep adding late fees, I think its around 3 dollars a day. maybe they will see your making an effort and back off a little, probably not but it wouldnt hurt. Also, when they call, explain to them what your going to do, not the hide part though. It may help, sure wouldnt hurt any. And remember also, if you let them have the van ,after they sell it at auction, they'll still come after you for the difference, which probably wont be to less than you owe now. I just paid off my loan with them and I know how they can be, but I found out its help to talk to them, some are real asses, but some can actually help. Dont make any payment promises that you cant keep though. And I know the phone calls get aggrivating but but keep answering phone, hell, its your house, dont letem make you feel bad, the one calling are probably in no better finacial shape than you and many of us are. Good luck.