Sample Letter to Remove an Auto Repossession From Your Credit Report
If the lender has not followed your state’s car repossession laws to the letter, they can be prohibited from collecting any judgment in court or wage garnishment for that matter if a lawsuit is brought against you for the deficiency. You have rights as a consumer before, during and after repossession and it is up to you to exercise them.
Even if a default judgment has been entered, you may be able to get it vacated or set aside — however, do not let it come to that point in the first place and never assume you have no defenses to a lender repossessing your car.
Challenge the factual errors in the listing on your credit report about the auto repossession. The loan balance, opening date, high credit, and other errors within the listing can be disputed. As with other factual credit disputes, challenge one listing at a time with the credit reporting agencies.
Always ask for a deletion of the entire listing, not a correction. And never give the credit reporting agency the information needed to correct the error, let them do their job and investigate. Besides, you want the item deleted, not corrected. If the first item you dispute is corrected, move onto the next factual error and again ask for a deletion.
If you have some money on hand, consider negotiating with the lender for a full deletion of the item. The lender knows they are likely looking at attorney’s fees and costs or a collection agency if they want to collect a deficiency on the loan. Before you make an offer try to find some leverage in getting what you want by reviewing all the charges the lender has assessed you with. Research the value of the car and make a low offer to settle the deficiency in full. It never hurts to ask.
The lender should have mailed you an accounting of all the costs in repossessing the car. Review the costs and fees such as impound, towing and storage. If you believe you have been overcharged check your state’s repossession laws. They cannot exceed the limits the law allows. Should you find a violation, this is leverage to get a deletion if you are making an offer to settle the deficiency.
Remember to provide an explanation of what you want the credit bureau to do with the information, along with valid proof to support your claim.
Your Street Address
Your City, State ZIP Code
Credit Bureau Name
Their Street Address
Their City, State ZIP Code
Dear Credit Bureau,
I would like to dispute some inaccurate information I have discovered on my credit report. The items I believe to be incorrect are listed below. I am also including a copy of my credit report with the disputed information highlighted.
1. Creditor Name and Account Number
2. Lender has not Followed Your State’s Repossession Laws
3. Challenge the Factual Errors (Loan Balance, Opening Date, High Credit, etc.)
4. Challenge the Costs and Fees Such as (Impound, Towing, Storage, etc.)
In compliance with the Fair Credit Reporting Agency (FCRA), I request that you investigate this matter and update my credit report accordingly.
If your investigation validates the listing, please provide me with an explanation if the procedure you used to validate the listing within 15 business days of your completion of the investigation, as per the FCRA. I also request that you send me a copy of the information you gathered as a result of the investigation.
If your investigation shows this listing to erroneous, please update my credit report and send me a copy of my updated credit report.
Tags: Auto Repossession, Car Repo, Credit Bureau, Credit Report, Credit Reporting Agency, Deficiency, Get a Deletion, Judgment, Lender Repossessing Your Car, Sample Letter, Sample Letter to Remove an Auto Repossession