Consumer complaint received 2024-05-14
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account status incorrect
Company: General Motors Financial Company, Inc. (TX)

I recently received an alert on my credit monitoring and went to go take a look at it. I noticed that my GM Financial auto loan account was not reporting accurately. I had a recent late payment reporting for the month of XX/XX/year> which in fact was paid on time. The creditor and the consumer reporting agencies have a legal obligation to report all information with complete accuracy. I have attached a copy of my credit report to this complaint on the following date of XX/XX/year>. I'm now requesting you investigate and provide verifiable proof with records showing that I had a late payment. If this information can not be verified i demand these payments be updated to paid on time immediately. Thank you for your prompt action and understanding. late payment reporting I saw that it was GM Financial had in fact applied a late to my XXXX, XXXX, and XXXX credit reports. 

15 U.S. Code 1681a - Definitions ; rules of construction ( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; My transactions and experiences with your company are excluded from the consumer report.

You have no right to furnish my transactions and experiences when the law clearly states that this information is excluded from my consumer reports.

Please see the governing laws to support my position in this matter.

The only way a creditor can treat a payment as late falls under 15 U.S. Code 1666b - Timing of payments ( a ) Time to Make Payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date.

In order for any creditor to treat a payment as late you must prove that : 1. The information required under 15 USC 1637 ( b ) of this title was mailed out or delivered 21 Days before the payment due date please provide the proof that this information was mailed out or delivered 21 days before the payment due date.

2. 15 USC 1637 ( b ) is very specific on all required information needed or that must be mailed or delivered to the consumer! You have 10 days to send me all the required information.

A creditor can not treat a payment as late without complying with this section of the law! I request in good faith under rule 1002 the documents that shows proof that the information pursuant section 15 USC 1666b and 1637 ( b ) of this title was mailed out or delivered 21 days before the payment due date.

Do not reply to me stating that you are furnishing accurate information because we both know youre not.

Do not tell me this information is verified because you have not submitted proof of compliance with section 15 USC 1681a ( 2 ) Ai and 15 USC 1666b & 1637 ( b ).

If you can not provide proof of the mailing or delivery of the information required by section 1666b you can not treat a payment as late which means you have also violated section 15 USC 1681s-2.

You, GM Financial have had over 30 Calendar days from the receipt of this notice to provide the required information or delete the transaction you have listed as late, and have failed to do either.