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LawHelpNow
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Category: Consumer Protection Law
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I rented a car in Europe in 2011 with a US credit card that

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I rented a car in Europe in 2011 with a US credit card that includes a collision damage waiver. The credit card helpline told me to decline the rental car company CDW which I did. The bumper came off during my drive and I reported the claim to my credit card company. They denied it saying that the coverage applies to cars and minivans capable of carrying up to 7 passengers and this car could carry 8. I have disputed the finding. I have not paid the car rental company demands and they have given the case to a debt collection agency. My question is can the debt collection agency report to credit agencies here and impact my credit score.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  LawHelpNow replied 1 year ago.

Hello Ron,
My name isXXXXX a licensed attorney. Glad to try and help out.
Sure sorry for the circumstances, truly. My heart goes out to you.
I've seen this very scenario many times, I regret to say. Here's how this works. I'm pleased to say the it's impracticable for a foreign debt collector to report to our creditor reporting agencies. A creditor who wants to do so here is required to go through a rigorous application procedure, pay membership fees (not cheap), purchase special software (again, quite costly), and submit to an on-site inspection (meaning a literal on the ground inspection of their premises). It's just too expensive and involved. That's the good news.
Here's the not so great news. Such a debt can still show up on your credit report. It happens with a foreign creditor retains a domestic (United States) collection agency (meaning one already holding a contract with the credit bureaus) to report. In that case, a foreign debt can indeed become part of your domestic credit history. Even if that does happen, however, our laws and not those of the originating foreign country still govern your rights. More specifically, I'm referring to the Fair Credit Reporting Act, codified at 15 U.S.C. § 1681 et seq. and the Fair Debt Collection Practices Act, codified as 15 U.S.C. §§ 1692 –1692p.
If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me.
I truly hope all works out for you.
Take care,
Ben, J.D.

Customer: replied 1 year ago.

Hi Ben,


Thanks. The car was rented in Holland the car rental company is in Germany and the debt collection agency is in Germany. I have a follow up question. Should I continue to press Citibank the credit card issuer to settle this claim since their representatives provided me misinformation when I rented the car. At the car rental counter I asked the car rental agent to talk to Citi at my cost to get assurance I had coverage and they confirmed it. When I pursued this claim last year Citi asked me to provide the exact time of the phone call and I gave it to them. No further action from them.
Ron


Expert:  LawHelpNow replied 1 year ago.
Hello again Ron,
Thanks for writing back...great to hear from you!
You're quite welcome...my pleasure entirely to be of help!
Sure, logical question, and I'm glad to expound.
Yes, I would do so, and in fact I've seen quite similar cases previously. I would be inclined to press the issue with the credit card issuer, and please be sure to do so via Certified Mail--Return Receipt Requested, retaining a copy for your own records.
Here's a perfectly fine example to place the burden on their shoulders:
Sample Credit Card Dispute Letter

Hope that helps some more and that all goes smoothly!


Kind regards,
Ben, J.D.
LawHelpNow, Attorney/Lawyer
Satisfied Customers: 7593
Experience: Relax. Let's work together. Practical solutions.
LawHelpNow and 3 other Consumer Protection Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi Ben,


So far the credit card company has just referred me to their insurance provider who has reiterated the conditions of the insurance. I involved the Citibank manager since I am a Citigold customer and all he could do was to get someone to call me who asked for the time and date of the phone call from the airport counter. So my question is who should I send a letter to, perhaps the credit card company, the bank and also their insurance carrier who denied the claim?
Ron


Expert:  LawHelpNow replied 1 year ago.
Hello Ron,

I enjoyed working with you recently.

How are things going?

Is there anything else I can do to help?

Please just let me know.

Thanks!

Ben, J.D.

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