Auto Finance--Do we have ANY rights??

Hi Everyone!

I need help. First, I'm not sure what's wrong with me, I've been feeling yucky (stomach) and I'm SO emotional right now. (hope I'm not pregnant!)

But anyway, I had a HORRIBLE conversation with my auto finance company today. I am 14 days delinquenton my account. Now I have not been very good about paying on my loan. I KNOW that! I just paid almost $1,000 to get my account current plus late fees.

Well, Now it's up to January and I"m 14 days past due on my January payment. She also said I owe $100 + dollars in late fees. Anyway she was very rude! Telling me it MUST be paid by the 31st! I asked her what would happen if I didn't pay it and she said that she could tell me what would happen. So I told her I would send in my payment or pay online but I didn't want to do it over the phone with her because I felt she was bullying me! I asked to speak to a manager and she told me they were unavailable and it was collections NOT customer service and she didn't have to be nice and didn't have to "babysit" me. She was SO rude and unprofessional! She made it sound like they were going to come get me or something if I didn't pay.

Now, I'm a recruiter and I know that in that position they get commission every time the collect money. Could she have just been aggressive about her commission? Can they really get me? Do I have any rights in this situation? I mean can they just call me and yell at me like that? Who can I talk to and what can I say? I feel so trapped!!!

You probably should pull out the contract you signed and read all the fine print. You are correct that there is no reason for them to be so rude, but as you note those folks don't get paid for being nice, they get paid for getting $s from you. My experience with these collection folks is that they are some of the rudest people around. I had them calling me for a delinquent account for someone that had my same name and they were even challenged that I was lying. I've had them call my phone number because someone either wrote theirs down wrong or outright lied and again was challenged that I was lying to them about that person living in my house. At some point in the delinquency they can come and repossess your car, but it doesn't sound like you're close to that yet.

You have rights and you can even file charges with the better business bureau but that does cost. It isn't Auto One is it? We had a loan with them once and they are the most horrid people I have ever met in my life. They would call my work and tell me I was hiding my car! Funny thing is I lived and worked on busy streets...I finally told them to just come get it and guess what...they didn't!

Google consumer rights. You don't have to take that from them and you can just hang up.I would give one warning that if they continue to speak to you in that manner you will be hanging up and then do it. What can they do to you? COme get the car is about it. Most companies don't want that car back. It isn't worth a third of what you owe.

If it will help you catch up, call and ask to put a payment on the end of the note. Some will charge you $25 to do it.

Check out www.daveramsey.com and what he has to say about creditors. Google your rights and don't be afraid to spout off back at them. You are right, she is bullying you and playing on that fact that you don't know what she can or can't do. There are rules they have to follow.

Good luck!

This happened to an old boyfried of mine,years ago. After being behind here and there, he too, had the bullying happen to him. Let me tell ya something. They want you to keep that car. It does them no good to try and get it back. Not to mention they are making more money off you in late fees. Next time you talk to them and they act this way, ask them where you can take the car back. You would be amazed how quickly that "attitude" changes!!!
It worked for him.
Margaret:)

Hi Joy - I work with unsecured debt and am not 100% sure of your rights as the auto is secured but we have a wonderful attorney that we refer some of our clients to that may be able to help you. Additionally, if they are harrassing illegally, he wil be able to tell you that and give you some advice on what to do about it. He's in San Antonio but can give you some advice on the phone for free...best of luck to you! Daniel Schafer 210-348-0500 www.helpingtexas.com

I have a friend in el paso that recorded a bill collector that was threating her and saying she was going to GET her and took it to an atty and got LOTS of money... they cannot DO that...... email me if you want to know more [email protected]

Hi Joy,
First, you do have up to 10 days after payment due date before late fees on incurred.
They (collections should never have bothered you), they are absolutely the worst people (I mean monsters) to deal with. I have had my fair share of dealings with these jerks. Don't let them intimidate you in anyway! Hang up on them or if you have caller ID & know it's a collector don't answer.
Call your auto finance company and ask for a deferred payment (if your finance company offers these). When I was paying on my truck I deferred a few payments. I have deferred up to 2 payments. You will have to pay 1/2 of your payment, but they will add those deferments to the end of your loan. Just call your finance company to see what they can offer you, they are usually very nice and helpful. They are not rude and mean like the animals from collections.
I pray that this information has helped you.
God Bless!
Theresa

Here is some information off of one website:

Fair Debt Collection
Creditors are required to treat debtors fairly when attempting to collect a debt. There are certain actions that a creditor is allowed or prohibited from doing, such as:

A creditor may not call you early in the morning or late at night unless you have approved
A creditor may not call you at work, unless you have approved them to
A creditor may not falsely imply that you could be arrested for non-payment of the debt
A creditor may not threaten legal action to collect a debt unless they intend to take legal action
A creditor may not threaten wage garnishment to recover the debt (unless the debt is for child support, government debts, or school loans)
A creditor may not contact you after you have notified them in writing not to do so
A creditor may not contact you after you have submitted written notice that you do not owe the money
A creditor may not call your friends, neighbors, or family to inform them of your debt or attempt to collect
A creditor may not use violence or threaten violence to recover a debt

Try faxing a letter to them telling them not to contact you. Go to yahoo and search to see what rights you have.

While I can't speak on behalf of any debt collector, I can speak as someone who was once $100K in debt and behind on everything. Like you describe, I frequently threw every last available cent at the mountain of debt, only to fall behind the next month. So I recommend to you the website and ezine that helped me become completely debt free, manifest a job in my field at double my previous salary that still allows me to meet my kids at the busstop after school(!), heal my rocky marriage, and (most importantly) RELEASE THE FEAR that it was all going to go downhill again.

Please check out Paula Ryan at www.artofabundance.com and specifically http://artofabundance.com/break_the_debt_cycle_for_good!.htm

Good luck!

Joy,

Sometimes people are just rude. It is her job to collect money - not a fun job I am sure. Why don't you just make sure you pay your bills on time to avoid all of these late fees? If money is the problem, it is being made worse with the late fees. If you just aren't remembering, set up automatic payments. The car belongs to them until you pay for it. Just keep current, and you won't have problems. Sorry to be so blunt, but that's how it is.

Sounds like you got collections on your trail...YIKES! As I speak from experience, as long as you owe money and are behind on payments, they WILL NOT leave you alone. They are trained to make your life miserable and they WILL succeed. They will even call your relatives at some point.

If you don't make your car payments, they can and WILL take the car back (in the middle of the night if they have to). This happened to a friend of mine.

My suggestion to you is make your payments and make them ontime if you can.

He is a suggestion that is worth every penny and more. Take a Dave Ramsey Financial Peace University class. He has some very useful tools that can be put into practice immediately. He also talks about creditors/collections etc. I've done what Dave recommends and I've not made a late payment since.

IT WORKS! DO IT!

Do not play with collections.....You will lose. They don't care what you have to say. You don't have to stay on the phone with them, but tell them you will make the payment the first chance you get and hang up the phone.

I hope the best for ya.

I really don't know about coming to "get" you, but they can eventually come and take your car, I'm sure. And she's right on the fact that she's not in customer service; she's in collections. If they were all sweet and forgiving they wouldn't collect their money! I don't think there is anyone to whom you can report her. I don't think anyone would care that she was so rude, honestly. Everyone just wants their money.

Please, please make sure you NEVER go past 30 days. Then it will go on your credit report. I would call the finance company & speak with them directly. They should not be talking to you this way if you're only 14 days past due. And It should not be in collections if you are only 14 days.

Joy,

Unfortunately those jerks will call until the cows come home or they just come and pick up your car as a reposseion.

SOmeone suggested calling the finance company directly and that is a great idea. Explain your situation as honestly as possible and your intention to pay this debt, but only if you can. If you can't pay for a couple months, be honest and tell them. THey can only help you if they know the real situation and your willingness to get it resolved. They may have some kind of program, such as was mentioned about deferred payment, that can help you get through this rough patch.

Keep in mind that your obligation to your family is to pay those bills that must be paid for your families survival. You must pay rent/mortgage or you have no home, you must pay for your car or you can't get to work/store/doctor, unless you are willing and able to take the bus wherever you go. You have to pay for electric, water and gas so you have heat, hot water and a refrigerator. You have to have food.

Everything else is secondary and it sounds like you are in a serious situation. It is a horrible feeling to be in this kind of mess, but the situation does not reflect on who you are as a weoman or a mother. This is just a mess you have to weed through.

You might call Consumer Credit Counseling if you have credit card debt. THe woman who runs the office by Highland Mall is wonderful and kind. They can help you plan a budget and work to get the credit card companies off your back. If you simply don't make enough money, look into social services that can offer you some financial support until things turn around. There is help out there and you don't need to be ashamed to ask for it.

Just look out for you and your baby. Don't answer you phone, but expect them to continue to call you until you pay.

Hi Joy-
It's not your car. It's their car and you told them you'd pay for it if they let you have it. You are not paying for it, so you are not keeping your end of the deal. You would be rude too if someone told you they'd pay you for something you sold them and then they just took off with it and didn't pay you. You are in the wrong == not them.

This is a very stressful time for you. You are feeling sad and depressed because of your finacial situation. If you have insurance, I recommend you go and see someone you may need to get on an anxiety medicine for a while. The mind can make you feel ill. Also, collection agencies are rude and take advantage of peopple in vunerable states. I recommend you contact an attorney or financial advisor (be careful, make sure you get a good one. They can work out payments and lower interest rates to make your debt mor afordable. Stay away from all malls and Target etc... stores and cut up your credit cards. Susie Orman is a famous financial advisor. Go to her web site and see if she has any valuable info for you. Good luck. This will work out. You just need professional guidance. Do not let the bullies get to you!

Check out Dave Ramsey's site (www.daveramsey.com). There are extremely helpful and proven ways to resolve this issue, he has been there. You may also want to check out a Financial Peace University in your area, they have them. He discusses this very issue and how to handle it.

So, when you hear/read the advice (albeit sometimes it sounds harsh) you can know that if you stick to it, it will work. GUARANTEED!

And yes, they are mean people and they can say whatever they want. (unfortunately) You have to learn to not let what they say hurt your feelings. Again, he goes over this in his class. It is well worth the money!!!!

Collections Agents can be as rude as they want, in fact it is part of the job requirements. If you pay your payment, even if it is a little late, they shouldn't come and repo your car. But if you continue to have a delinquent account and miss a payment one month they will take your vehicle. Have you tried calling them beforehand to let them know you will be late on a payment? That might help a bit.

Joy,

I wasn't going to reply, then I saw all of the harsh comments that have been posted.

I have been in your situation too. It is a horrible situation, and I am sure you know that you have to pay this bill, I am sure you know that collection people are not nice, and I am sure you are kept up at night worrying how you are going to pay your bills.

You are only upset by the fact of how the lady at collections treated you like you was a low-life and didn't deserve to breathe in the same air that she does. It sucks.

If I were you, I would initiate a call to your lender and speak to customer service. Ask them what you can do to make your situation "okay" with them. Odds are, they are dealing with this a lot in the past year. They simply want their money, and right now, they see it as you are jumping ship and trying to steal "their" car. I know from experience you are not doing that - you are just embarrassed by the situation and the whole thing has exploded into something HUGE that is so much easier to ignore than to face.

Please don't feel like crap. This happens to a LOT of people. It is a hard time right now for MANY people, so know that you are not alone.

One thing you might want to consider is a side job in which YOU are the boss. (Please don't go to your corner gas station to get a job!) If you would like some help on what would be best for you to do to make some extra money, email me! I love thinking these things up! And no, I won't charge you any money! :)

Good Luck, and don't let some of these other comments get you down.

Erin

As a former debt collector, she is trying to scare you. I would get your bill up to date. Some debt collectors have those type of tatics to bully people. Everyone has their own fininical story and everyone has troubles from time to time. Just get current and try your best to stay that way. The car company has to notify you BEFORE they come get your car.