Sorry to hear about your situation. It's my opinion that I'm afraid you unfortunately got (really) bad legal advice where it pertains to stop making your payments. This is a major mistake as there have actually been cases where the vehicle was repossessed, and subsequently the buyer was then barred from a lemon law claim because they no longer had possession of the vehicle to return to a dealer which is required for a claim.
Perhaps there's a state law out there that's different, but in virtually any lemon law case, a borrower is still obligated to make all monthly payments on time unless, there is language in their loan contract that allows for this, OR, they received written confirmation that the manufacturer would make those payments on the borrower's behalf. This (the latter) generally doesn't happen. They will wait until there is a determination on buying the vehicle back. At that point they will reimburse the buyer as the law requires them to do, and as they did in your case.
I have no doubt your attorney has realized the snafu, hence their complete willingness to write whatever type of letter you want them to, to try and remedy the harm it's caused you. Perhaps a letter to USB from the attorney outlining your otherwise good credit history was only affected due to their misguided advice, which you took in good faith to be accurate, and the proper course of action, will result in USB granting a goodwill deletion of the adverse reporting. It may very well take several, ongoing attempts but I hope it works out in your favor.
@emilkostov wrote:We were under the impression that we should stop making payments on our vehicle due to a Lemon Law case that was being pursued. We were given guidance by a representative who, in hindsight, seemed inexperienced and gave us misleading advice.
In good faith, we followed the guidance provided to us, believing that it was the correct course of action until the Lemon Law case was resolved. However, we now understand that this was not the appropriate approach and of course we must take full responsibility for the late payments. That's why we decided to ask more experienced and knowledgeable than us people in this forum. All advice is greatly appreciated. Thanks.
Yes, if this can all be conveyed in to USB by the attorney and/or FCA would be ideal. Of course it equates to them admitting fault, and essentially taking full responsibility for the missteps, but after all, it's true that you only followed the advice of your attorney in addition to what you were told by the FCA rep.
The more facts that can be presented, in addition to coming from those who represented you, the more weight it may carry in swaying USB to grant goodwill deletion.
EDIT: from what you describe here, and if the attorney is unwilling to admit fault. The alternative could be to consider a malpractice suit. A subsequent judgement in your favor from a court could also further prove the validity of your reasons for the late, or missed payments.
On their own, your explanation sounds great, but I'm trying to relay the fact that lenders hear all sorts of "stories" and explanations... all the time. The more "weight" your explanation carries, the better I think your chances of success are.