Drive Financial/Cease and Desist Letter
Date: Thu, 11/01/2007 - 16:49
My next question is that these fools stopped sending me my monthly bill in July what leg do I have to stand on with this scenario. I have not moved in 11 years. This is not the reason my payments are behind because I just send them to the address from the last bill I got but that AINT right that they stopped sending them to me.
BTW I did google DRIVE FINANCIAL, they have A LOT of unhappy customers.
Thanks for your help
I dont' think u can send a cease letter to an original creditor
I dont' think u can send a cease letter to an original creditor but hang tight and i'm sure someone else will be sure on this!
Also, i've had that happen to me too that they just quit sending the bills but i kept paying it!
So guess i've been of little or NO help here!
Sorry wish i could help more,
Ang
Just becuase you don't recieve a bill doesn't mean you don't hav
Just becuase you don't recieve a bill doesn't mean you don't have one. If your electric bill doesn't arrive do you just wait until the lights are turned off or do you call and ask them what happened. I can guarentee you will still pay the reconnect fee and you not reciving your bill will not help your defense.
Since you listed your mom as a point of contact I am not sure that you can tell them not to call her since you used her name as refrence to get credit. Read your contract on what happens when you default.
Yes I am very aware that I still have a bill that is what I said
Yes I am very aware that I still have a bill that is what I said, I send my payments to their address in a generic envelope without a bill. But what would be the reasoning behind them not sending me a bill all of the sudden after 2 years of business with them?
1) Original creditor does not have to follow fdcpa. Hence, ceas
1) Original creditor does not have to follow fdcpa. Hence, cease & desist won't do much. Check your state laws -- Drive will be regulated as a sales finance agency, and your state may limit what they can do while trying to collect.
2) They probably are not required by law to send you monthly billing notices, and probably not required of them in the terms of the contract either. Inasmuch as the payment amounts and due dates are listed in the financing contract, the monthly notices they send are just considered a "courtesy." If you are going to pay them, you might ask them why the statements have stopped. (I know that in our computer system we have certain codes and we can flag the system not to generate notices if, for example, a person filed BK on us ... maybe Drive does not send billing notices if your account is over XX days past-due ??)
I work for an auto financing company -- we don't send monthly statements, but we do send a payment booklet when the loan is first opened, it has a coupon for each payment. You don't know how many times people try to use "I never received my payment book" as a reason for not making their first payment. Quite frankly, it doesn't matter; we're not required to send the booklet- we only do it to help remind our customers when and where to mail payments so that they don't have to refer to their contract every month.
You might not be able to get them to stop calling her, but she c
You might not be able to get them to stop calling her, but she can. Since you put her down as a reference and she never co-signed, she can demand they leave her alone since she herself never signed or agreed to anything.
and as always --the support and info on this sight would advise
and as always --the support and info on this sight would advise you to first ask for a debt validation letter and to not be influenced or coerced by any debt collection process! good luck! and honestly --an electric bill can be handled one on one--you can face city employee directly if you feel you have been wronged-don't be afraid! -question the outcome and if you actually owe the debt--you should settle as soon as possible! If you don't --fight it till the end of time and good luck to you!
debt validation is useless against an original creditor as they
debt validation is useless against an original creditor as they have no obligation to follow the fdcpa at all.If they are reporting on your report you can initiate a Facta dispute under FCRA or a dispute under FCBA if account qualifies. Your mom can tell them to cease calling as she is not a party to the debt. Lastly look to your state laws on credit as they may add some teeth for a original creditor.
I am not disputing the debt, its a car loan and I have the car.
I am not disputing the debt, its a car loan and I have the car. What I am trying to do is not to get them to call my mother again and to start sending me my monthly bill again. I requested 2 months ago to get a bill and the girl said 'oh yeah" I'll put you name on the list, what freaking list??? It'a a car loan and then have always sent me a bill until now. Crap I wish I had 10K and be done with these fools
One more thing someone responded about an electric bill,, UM what does that have to do with the price of tea in China?? :lol: :lol: :lol:
All i know is this: I have a loan for a laptop thru Dell and th
All i know is this: I have a loan for a laptop thru Dell and they say my monthly payment is $24.00! :shock: At that rate it would take 20 years to pay it off! So anyway, i send 100 to 150 per month... Well i noticed they NO longer send me my monthly statement, i think that's because they want to trick me into NOT paying and they can tack on more interest! NOW this is totally diff than a car note but just an observation on my part....
Ok so again, what's this have to do with the price of tea in China? :lol:
ha ha
Absolutely NOTHING!
:D
Ang
HT07. I'm with you on the "electric bill" comment; it wasn't re
HT07. I'm with you on the "electric bill" comment; it wasn't really answering your question and, therefore, not very helpful. I think the person that posted it was trying to use a metaphor in regards to your situation. As in, your electric company didn't send your bill to you; however, you would still want to pay the electric company in order to keep your power on. Likewise, your car loan company didn't send a bill; however, you would still pay on the loan if you didn't want your car repossessed. I used to use that example when I worked at a bank and people wouldn't make their loan payments because they claimed they didn't get a bill. You, however, advised that is not the reason you are behind on your payments, so I don't think that comment was an appropriate response to your question.
Firstly, if I were you, I would contact Drive Financial and find out what is going on. Do you have your loan number? Contact them and see if there is something that can be worked out; See if there is a way you can try bringing the loan current.
Also, I would check into the state laws where you live and where your mother lives as they apply to the original creditor. I would think all she has to do is tell them to stop calling her, and they should. If not, you definitely want to know what the laws are and if/how they protect you from the original creditor.
Good luck with this, and please keep us posted.
okay-- so in this situation how do you know that if you do actua
okay-- so in this situation how do you know that if you do actually pay them whatever amount--that this will make the problem go away eventually? I do among many other things accounts payable for company and have actually sometimes never received bill or have occasionally made mistakes in past 15 yrs--of course !(i'm getting too old now --happening more often ha-ha)--but if you ask them to send bill or fax what they claim you owe them to you-- this is normally what happens in my experience--they COMPLY because they are happy to get paid-- HTo7--why is this not happening to you? Also shouldn't original creditor be sending you something ? They have no laws that they have to follow before they turn you into collection companies?Cajun? Please inform readers here as I am sure you have info thanks! Also Ang-can't you pay online?!! I did for last comp supplies recently purchased through Dell! How are these people getting away with this crap? sorry :roll:
Hanky original creditors are bound by FCRA if they report as a d
Hanky original creditors are bound by FCRA if they report as a data furnisher,FCBA for most open end agreements,Truth in Lending,your state's version of unfair/deceptive trade practices,your state's UCC rules for certain debts,your states version of harassment laws,and finally the federal version of the unfair/deceptive trade practices enforced by the Federal Trade Commission.Some states will have even more remedies based on their actual statutes.