Need Legal Advice against Dealer

[jbs123]

Ok guys heres a good one that i am pissed about.

I bought my car in early September. I signed my contracts and was told Oct. 20 would be the day that my car payment is due. The banks name is (Bank A) and I would get a payment book from them. 20th of Oct rolled around and I called Bank A and they didnt have a clue who I was. Told them I had a car payment to pay them and they said they have no record of me. So I was like ok. I will wait for another week and see if i get a payment book from you and they agreed that i might not be in the system yet. Called again a week later and same results. So I was confused. Waited another week and got passed due notice from Bank B. I called Bank B and said, hey , I might have a car payment with you guys but I dont think I should pay your late fee. They looked me up and said nope. We dont know what you have but we show you dont owe anything nor have an account with us. Two days later on an early saturday morning I got a call from (Bank B) that they where gonna to repo my car. Told them fine come get it, however myself and my contract states I have an account with Bank A. They said I had it with them so I said fine and gave her my account number right then and paid a stupid fee. So, I am by now a month behind almost. I went ahead and paid 2 payments the next month but they still hit my credit with being late. So now I am buying a house and I have been calling Bank B for a three Months now to get it off my credit report. They said no and that they have my signature on the contract with Bank B as the name and on a couple of others docs. I told them there is now way in hell and send me a copy. Well, I have a copy now...The stupid dealer has marked out the original bank and but Bank B's name on it and Submitted to Bank B. I have the original CC of the documents showing Bank B is never mentioned and that they altered the contract after I signed. I call the dealer and they said they have all right to do that and I cant do anything. So now I am suppose to close on a house but my rate is higher now cause of this ding on my credit report. The dealer offered to send a letter and Make bank B send a letter stating all is fine, but I want more. I think this is BS.

Sorry for the long post but what do I do?
What can happen?

Thanks

[BrilliantBlackHemi]

Anyway to cry foul to the 3 credit reporing agencies?

[jbs123]

I have no time...takes 30 days to dispute and 30 days to to get off your credit..I am suppose to sign papers soon. I may have to let this house my 8 month pregnant wifes wants go....

[Cam]

The dealer and the bank wouldn't back you up with a letter of explanation. Seems that should be acceptable to all parties involved. Good luck.

[jbs123]

They will back me up... with a stupid letter., but it will take 60 days...i need it off now...plus I dont think they should be able to do this. the bank needs to see a good credit score.

[GasGunR]

I think they are liable for the costs associated with the higher interest rates you might have to pay... IF you can prove that it is their inaccuracies that caused you to get the higher rate... I talked to a lawyer about something similar recently... I d say get an attorney that specializes in credit issues... usually good attorneys have a free initial office visit.

Good luck!

Don

Get a alwye

[wheelife]

1. Cant alter original Docs. (bad dealer)
2. Should be able to get stupid letter from bad dealer and present to new Bank, that should satisfy them for lower rate, regardless of credit report. Also include payment stubs for car payments and copy of original docs, Notarized?

if all else fails get good lawyer to threaten massive law suit, (but they must be skilled at doing such,) not your real estate lawyer, even though he would like your money.

[67alecto]

get the letter from the dealer so you can close on the house

once that is settled, I'd go medieval on the dealer and the bank...

[jbs123]

I actually have a business laywer...I am talking to him soon. thanks for the advice. Keep it coming.

[vvv90]

"As your attorney I advise you to drive at top speed and we’ll be lucky if we get there before you turn into some kind of f***ing wild animal."

[ZMagnum]

From my experience many times all it takes is a letter from an attorney and suddenly everybody gets nice real quick. Things start happening much faster. Attorney's fees are much less if all they need to do is write a good letter on your behalf.

[StarJack]

If the lender has already pulled your reports it's too late for this. For future reference though, here goes... When you dispute an item on your credit report it is supposed to be removed immediately pending the outcome of the investigation into the dispute. I know for a fact that this is almost instantaneous when calling Equifax, and it should be the same for Experion and TransUnion. Most home lenders will pull all three reports and use the middle FICO score (and other details of course) to determine what offer to make. For lesser loans the lender usually has a primary credit reporting company to pull from and usually will not bother with pulling from the other agencies unless the primary is experiencing a slow (or no) response situation. It is rare these days for Equifax to have availability issues, can't speak for the others.

There's a catch. Using the dispute process to defraud a lender is a Federal Felony. You're risking a lot if you use this to cheat a lender. This information is intended for folks like the OP that have a legit reason to need to use it.

And JBS, IMO, it might be wise to consult with a Laywer that knows credit law to see if you have sufficient damages to warrant legal action. A lot depends on the home loan value, term, and basis point spread you're talking about on the loan you received.

[jbs123]

I am consulting a laywer. The dealer doctored the contract. This is crazy.

[ImaThorp]

I disputed a name and address mis-information on one of the bureas and it took about 7 days for them to get back with an all clear.

[jbs123]

Still doesnt clear the dealer of doctoring my contract.

I think the credit report will be fine now. Now just to make the dealer suffer for being stupid.