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Two issue I need help with

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First, let me start by saying that I have good credit, I pay my bills, and I attempt to keep things copacetic all around. I am not a deadbeat trying to get out of anything but...

So I have had some questionable items pop up on my credit from time to time and I have gotten all of them removed except for 2 nasty little things that have happened recently derived from the same circumstance. Back in Feb 2017 I had a car accident. During this I was treated by dozens of medical providers, one of which exclusively failed to bill in a timely manner, my insurance at the time, and is now pursuing me directly for a $300 dollar claim. Now, in this instance I have already provided them verbally over the phone twice with my insurance information, and at the time service was rendered they were given my information via the Emergency room and the intake paperwork. I recently noticed that this $300 dollar charge found its way onto my credit via a debt collection agency. I have contacted the OC and fought tooth and nail over the phone with them several times about this. I think I have made some progress here but only after filing a complaint with the BBB and the director of the department over this OC provider. I have not yet seen the deletion from my credit but I did see a back dated claim made to my insurance that was accepted and paid. So I think we can safely say that this one might be resolved. I will follow up later with actual results. Mind you I had met my deductible already for the year and was not actually responsible for this debt in the first place.

The second one here is the one that is causing me the most grief. I have read on the forums about Toyota Financial Services and how they have treated people in the past. I can say that I have experienced the same level of crap from them as the others, but I also asked a ton of questions and spoke to many agents and pieced together the following. I also recorded the conversations as a CYA.

My car was deemed a total loss after the accident.

My insurance company accepted fault even after I provided pictures and physical proof that the accident was not my fault. I am still going through litigation in court as I write this letter to show that it was actually the other driver that was at fault. 

I had full coverage, comp, collision, gap, everything.

My car was financed at around 28,000. I had already paid off a large portion of this between my down payment and my regular monthly payments, and a 1% interest rate was also really helpful. My insurance company decided my car was only worth the cash value of 15,500 dollars only 9 months after its purchase as a new vehicle. My insurance company paid out a portion equal to exactly what I owed on the car, minus the cost of the gap and the warranty I had purchased. Luckily my entire warranty was refunded and my gap coverage sort of paid for itself. However, between the two insurance companies, being clever like they are, only paid out enough as to cover everything with JUST ENOUGH to stick me with my deductible after all my warranty rebates etc... 

So this left me with a $1015 balance at the end of the day. Now here is the kicker that is messing my credit up really bad. TFS, the OC, has reported the debt as Charged off before the insurance had even settled with them. I was told that once the insurance had paid them the account would be corrected. Of course I was naive and did not get this in writing. They marked my credit late for several months, during each of the months in question they actually received payments from my insurance company, warrant refund, and gap insurance. Each of these payments were spaced in such a way that I would think that they would have abolished the "late payments" and even looking on my credit report, I show that they back dated all of these payments to the date of the accident. I then contacted TFS and asked if I could make a partial payment of $500 dollars equal to my normal monthly payment and then the next month make a $500 dollar payment to close the account out. They refused the payment and said that since the vehicle was totaled I had to pay the balance in full because they had already closed the account as a loss. I offered them a payment using my Credit Card to pay in full, and they refused that stating that they could only take Money order or ACH. They also stated that they could take a CC payment if I let the account go "past due" I said this is ridiculous, you are forcing me to go into late payment status before accepting payment. I let this issue ride, and I eventually got a call from some 3rd party debt collector claiming to be a Toyota "partner". When I started speaking with them, I informed them that I would only settle my debt with the OC and only if they agreed to correct the mistakes on my credit profile and informed them not to contact me further. 

Recently I have been making efforts to correct my credit again, I called the OC and asked if I could pay off the debt and if they would correct the mistakes on my account. The Toyota employee said she could see "quite the folder" of correspondence between me, TFS, and my insurance companies and she could see that there were some issues. She then told me that they, TFS, the OC are not permitted to accept the payment because they have assigned the debt to a servicing company and that company solely can accept payment and correct my credit report. She then warm transferred me to the the debt company and explained everything to them asking them to correct the mistakes and even got me over to a supervisor. Once I explained everything to the supervisor, she told me that they can only send me a letter stating that the debt had been settled, or is paid off but she nor anyone in her company could effect any changes on my credit because they were a NON REPORTING agency. She then said only TFS could remove the items from my credit and referred me to call them back. I ran this circle three times and did not get any results.

I am not exactly sure where to go from here. I can, and would pay them the deductible balance in full but they refuse the payment. I wont accept anything less than a correction of the late payments or a deletion of my credit entry all together.

These are the only two blemishes that I am having trouble working with. One of which shouldn't be there in the first place, and the other is not reporting correctly and wont accept a payment in full or otherwise and want me to pay the third party who is a non reporting agency.

 


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