Legal Question in Credit and Debt Law in California
Finance company did not post payment
I recently made the final payment on my car using a check over the phone. I did not receive my title so when I called the finance company back they claimed I had not paid off the vehical. I gave them the confirmation number of the transaction and then I learned they miss typed one number on my bank account so the payment did not post. I completed a new transaction and they apologized for the mistake and assured me they would not report me late to the credit reporting agencies. Well they did. When I called back they admit the mistake but they tell me I need to fill out a formal complaint and send it to them for review. Of course I can do this but it just seems wrong. They admit that it was their mistake yet they wont just fix it. They want me to jump through hoops to correct their errors. Even worse yet, when I call they tell me the loan is paid off yet according to my credit report it shows currently past due. My wife and I are about to refinance our home but this is going to cause a problem until they fix it. Can I sue them in small claims court?
1 Answer from Attorneys
Re: Finance company did not post payment
Yes, you can sue under the Fair Debt Collection Practices Act (FDCPA) (do a google search). Find a hungry lawyer who will write them a letter on lawyer letterhead for $50.