I had a hardship about 6 years ago my husband lost his job and I was only making 6.00/hour. I had no choice but to contact the dealership I bought from and they suggssted that I bring back the vehicle, I did and I have not heard anything from it until today a man from a collection agency called me at work and was really ugly with me and would't listen to me he said I needed to wire the money today or I would be served with papers and could go to jail for stealing. Is this true?
2007-03-28 13:40:40 · 7 answers · asked by goof66 1 in Business & Finance ➔ Credit
They love to use scare tactics even though it is illegal.
If you turned the vehicle in 6 years ago, you are far past the collecting SOL on it.
A repo voids the original contract.
Repo's fall under the UCC for a collecting SOL of 4 years.
The collecting and reporting SOL's start on the day the vehicle was sold creating the deficiency.
You might do some reading on the two pages I've linked
http://whychat.5u.com/repoltr.html
http://whychat.5u.com/nottoca.html
2007-03-28 15:31:06 · answer #1 · answered by echo 7 · 1⤊ 0⤋
Do you have any documentation from the dealer that you took back the car? They should have receipted you or something. This would prove that you didn't 'steal' anything.
Next I'd write a letter to the collection agency and outline the sequence of events and copy whatever you got from the dealer. The collection agency does have a right to ring you, but they should have written to you first. Do you still owe money, even though you took the car back? You probably have a legitimate debt. If so, you should be able to arrange to pay this off over time.
Good luck, sorry to hear about your misfortunes - I hope things have improved!
2007-03-28 13:50:29 · answer #2 · answered by Deborah C 5 · 0⤊ 0⤋
Geez where do I begin with this one? First off being in debt is not a crime, there are no debtor prisons. Next, it is illegal not only to contact you at work but to threaten you too, especially with something like "jail time". If this clown calls again do not be intimidated and do not wire anything. Tell him to send it in writing, then hang up. But you should also contact that dealership and see if this is legitmate, it may not be at all. Chances are this could be a scam.
2007-03-28 16:32:53 · answer #3 · answered by douglas l 5 · 0⤊ 0⤋
"The Fair Debt Collection Practices Act was passed in 1977 to protect you from abusive debt collectors. Here are rules a third-party debt collector must follow:
Contacting a debtor. A collector may contact you in person, by mail, telephone, telegram or fax. However, a debt collector may not contact you at inconvenient times or places, such as before 8 a.m. or after 9 p.m., unless you agree. A debt collector also may not contact you at work if the collector knows your employer disapproves of such contacts. Tip: If a debt collector phones you at work, inform your boss that it is disrupting your performance, and have your boss tell the collector to stop calling you at work. Drawback: If your boss learns of your debt problems, it may interfere with your promotional abilities."
" 8. Can a collection agency contact me where I work?
Yes, unless the debt collector knows or has reason to know that your employer prohibits you from receiving such communication. However, if you do not want to be contacted at work, you can request that they not telephone or send you notices at work. Be sure to make your request in writing to protect yourself. If the agency does send you a notice at work, it must be marked PERSONAL & CONFIDENTIAL. If you request no further contact at work and the agency is unable to contact you at home, the agency may have no other option but to file a civil lawsuit for the amount of the bill it is collecting."
2007-03-28 13:49:36 · answer #4 · answered by dbmartin 2 · 1⤊ 0⤋
Admit nothing to these people and hang up on them. They are doing this because you are less then 1 year away from this falling off of your credit. This company must of bought this account for very cheap and r going to say anything to get any king of money out of you. Just please do no admit or work out any arrangements with these people. They act like this and treat your like this because they get a cut from whatever you pay.
2007-03-28 15:33:30 · answer #5 · answered by jodi_lynn_124 2 · 0⤊ 0⤋
No. Check and see what the car dealer did with your account. They should have given you some kind of paperwork. Check with legal aid to find what your options are.
Collectors will say anything to get you to pay including lying and intimidation.
2007-03-28 13:48:12 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Absolutely untrue, and that is an illegal threat they made against you. If they call back, be sure to get their name and address so you can report them to your state attorney's office. You may be able to get thousands of dollars from them for making threats like that.
2007-03-28 13:49:26 · answer #7 · answered by Brian G 6 · 0⤊ 0⤋