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Turning back an automobile

Date: Mon, 09/22/2008 - 21:41

Submitted by spanisheyes
on Mon, 09/22/2008 - 21:41

Posts: 313 Credits: [Donate]

Total Replies: 8


My son bought a 2007 Dodge crossove car and was making his payments, and insurance payments, he then had a deer cut in front of his car and had an accident with the deer the insurance adjusteor said it could be fix because the frame was not bend so the gave him $3500 he took the car to the shop they fix it up but when we took the car to another shop they said the frame was not straight in the car and that was the reason the door, hood, etc would not fit the right way he was very upset because his car insurance raised his premum and he could not make the both payments $446 (car_ 400 Insuranve, he only works 38 hrs a week and is student so he decided to turned the car back to the bank (Sovereign Bank)noww few days ago he gets a letter telling him the car was auctioned and that he owes $10,729.23. The Auto Finance Division from Sovereign Bank in CT called him at work demanding the full amount or else they will sue. I told him that he needed to talk to them and make arrangement to make payment arrangement of approximately $50 biweekly. Is there any template letter about telling them he is not allowed to received phone calls at work because he might be fire and then he won't have the money to send them anything at all. Please advise


just a regular cease and desist letter will do just make sure to
point out that no calls at work.they must honor that if it is requested.


lrhall41

Submitted by paulmergel on Tue, 09/23/2008 - 14:27

( Posts: 15514 | Credits: )


Thanks Paulmergel and mobile0311. We did exactly that I imagine they might hav received the letter today now waiting for the receipt! Once again Thank you both.


lrhall41

Submitted by spanisheyes on Thu, 09/25/2008 - 21:18

( Posts: 313 | Credits: )


I have a question, we sent out the cease and desist letter quoting some areas of the Fair Credit Act regarding the calls at work, threatening with sending the sheriff to arrest etc. sent certified returned receipt, got the receipt back with a signature and today my son got another call from the collection agenty when he told a Mr. Silva that he was not to call him at work as the letter he sent said, Mr. Silva said he had not gotten any mail,when told we had the returned receipt signed Mr. Silva asked if he should call his mommy so he hanged up on Mr, Silva. Also Mr. Silva was told again that he would be able to make $50 monthly payments Mr. Silva said that was not acceptable. He has call 3 times at the work phone. Should we contact an attorney and sue the CA


lrhall41

Submitted by spanisheyes on Mon, 10/13/2008 - 19:44

( Posts: 313 | Credits: )


Yes I would contact an attorney and sue them. You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, you may recover money for the damages you suffered plus an additional amount up to $1,000. Court costs and attorney' s fees also can be recovered. A group of people also may sue a debt collector and recover money for damages up to $500,000, or one percent of the collector' s net worth, whichever is less.

I would also file a complaint with your state attorney general and the Federal Trade Commission.


lrhall41

Submitted by mobile0311 on Tue, 10/14/2008 - 09:08

( Posts: 1817 | Credits: )


By the way....it is the fdcpa or Fair Debt Collection Practices Act....not the Fair Credit Act that deals with cease and desists and theviolations you are referring to.

He was makinga $400 car payment....obviously he doesnt have the car anymore. Why not pay the $400 and get this resolved and paid off?


lrhall41

Submitted by SOAPLADY on Tue, 10/14/2008 - 10:42

( Posts: 17315 | Credits: )