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Still Behind and dealing with a debt collector

Date: Wed, 08/30/2006 - 13:18

Submitted by chicagobabe0725
on Wed, 08/30/2006 - 13:18

Posts: 96 Credits: [Donate]

Total Replies: 7


I'm kind of getting some place on my problem w/ PDL. and I have settled my problem regarding my house preforclosure. Now, I have to deal with my car company. I am 2 months behind and I keep getting a threat from collection agency that they will pull out my car.
Can they do that or they will send me a letter first. I will send them a payment (for 1 month) this Friday but I am still 2 months behind.
How do I explain to them that I just get back to work after 3 months of maternity leave and still trying to get back on my feet. My husband and I experienced a $3,000/mo lost of income for 3 months, that's why I fell behind on everything. I was only getting disability check of $600/mo and he wasn't making much money to cover for our bills. HELP HELP HELP


My understanding is that a car company has the rights to repossess a car without giving a notice. A collection agency is not allowed to pick the car from the parking lot. They are bound to follow the federal laws in the fdcpa. And, they are collecting for unsecured debts. So, your car cannot be picked if they fail to collect the money. They have to get a court order first.

You should draft your payment plan to the collection agency and make them aware about your moves. If they are using their common threats, you have the legal protection in case the FDCPA laws are violated.


lrhall41

Submitted by keystrokes on Wed, 08/30/2006 - 13:38

( Posts: 495 | Credits: )


I explained to them my situation but all they want to hear is when can I pay my past due and my account number so that they can debit my account.
I told them that I can pay my regular monthly due and pay partial $$ on my past due every month.
The collection company guy and the car company employee that I spoke with were very very rude. They're always cutting me off and always forcing me to say things and I have no choice but to hang-up on them cause it's really irritating. They left me messages that they're confirming my address and that someone will be at my house to get my car.
Right now I am ignoring their calls until I find the right way to handle them.
Much as I wanted to pay the total due to get them off my nerves, I need a lit bit more time.


lrhall41

Submitted by chicagobabe0725 on Wed, 08/30/2006 - 14:05

( Posts: 96 | Credits: )


Are you dealing with a collections agency or the collections department of the people that hold your car note? This actually makes a big difference. I you don't mind, who is the loan with? Most finance companies won't take the car till 90 days, but make a lot of noise in the mean time. Usually as long as you keep talking to them (no matter how unproductive) and make enough payment to keep it from going 90 days won't try to take the car (this isn't a law or rule, just observation and experience)..I guess if you go long enough they could decide enough is enough and go ahead and repo the car.


lrhall41

Submitted by LCW on Wed, 08/30/2006 - 16:19

( Posts: 1151 | Credits: )


Did you even try to defer a car payment before you got behind? You can sometimes get a deferment for up to three months.

You shold make your car payment before you even consider paying back a payday loan company. Paying that back won't get you to and from work if you lose your mode of transportation.


lrhall41

Submitted by FYI on Wed, 08/30/2006 - 17:01

( Posts: 1950 | Credits: )


My car loan is with ACC Consumer Finance. Everyday, the company and the collection company that they're paying are harassing me. Both of them doesn't want to listen to any explanation especially the Collectors.
FYI, I tried to talk to them about sending $100/mo and then my regular monthly payment w/c is $480 but they don't want to. It's either I pay the full amount or give them my account number for $480 every two weeks w/c is not possible for me right now.
I don't want to file bankruptcy but with all these problem I think I might consider it.


lrhall41

Submitted by chicagobabe0725 on Wed, 08/30/2006 - 21:32

( Posts: 96 | Credits: )