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AmeriCredit lays blame on CRA's ...what a shocker!


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Been going back and forth with AmeriCredit, trying to get them to remove lates. or at least report them properly.

All three CRA's reporting history vary from each other. EX has a 30 day late as recent as Jan-2005. AmeriCredit "investigated internally" and laid the blame at the feet of the CRA's stating:

"This concludes AmeriCredit's investigation of your allegations as to inaccurate information provided to the three credit reporting agencies. AmeriCredit has no further legal obligation absent additional factual information you may provide."

I followed with:

I have previously provided information from my Experian report (from Experian directly) showing my account as being reported 30 days late for January, 2005 and 60 days late . Below is an excerpt. I shall AGAIN forward a credit report to you. I am imagining you will then tell me this has something to do with Experian.

This report directly conflicts with your previous statement of, "The January, February, March, April, May and June 2005 payments have all been reported as current."

I shall again take this up with AmeriCredit's executives. Obviously, you believe the information below is correct. (provided EX CR excerpt)

Their final reply:

"As stated in the attached, please contact the credit reporting agencies directly for their investigation of this matter. As to your issue with Experian, AmeriCredit verified that we reported you as current for the month of January. AmeriCredit cannot control the three credit reporting agencies and any misinformation they may be providing you."

This was provided to me by their legal department.

Okay, I still plan to email all the top execs with my complaints and hope they finally crack and throw me a bone. I also plan to have the 30 day late for Jan-2005 removed/updated to paid as agreed by EX.

This one is critical for me to obtain a better mortgage rate at the end of this year. I need to show 1 year of no late payments.

I have notified AmeriCredit of the misreporting and they seem to think they aren't in violation of the FCRA (failure to provide complete and accurate information).

Do I have any case against them?

Thanks people.


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§ 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.


Point out AmeriCredit is a furnisher of information. Each subscriber to the CRA's should have a rep - a person they can contact directly to resolve such a matter.... this runaround stuff doesn't cut it.

If they reported correct information to the CRA's, and the CRA's fail to update properly, then your "case" would also be against the CRA(s) involved.

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Thx Doc-

I can do this. But sue both? I'll consult my attorney next week. We are suing Asset right now as well.

By the way:

Look at the garbage they spewed for their inaccurate reporting.

"AmeriCredit reports to the credit bureaus at midnight on the 31st day (not the 31st of the month, but on the 31st day after the due date). That does not mean that the credit bureaus necessarily update their information at the same time, that's why it may look differently from each agency."

Shouldn't the CRA(s) update for the month reported by AmeriCredit and not for whenever they receive the update?

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Your attorney will be able to answer that better than I, but I've heard of consumers suing both the furnisher of the info and the CRA...

There's little rhyme or reason to what the CRA's are doing - they're as bad to figure out as FICO...

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