Auto Finance--Do We Have ANY Rights??

You can report her for being rude and ask that they stop calling. They do get commission for collecting and it really is a shame that things work that way. I went through a lot a few years ago with a similar situation. When the agent started yelling at me, I stated that I wasn't going to take abusive behavior and that I was going to disconnect. I then hung up. Good luck to you and remember that "this will pass". Peace.

1 mom found this helpful

Here's an idea... pay your car payment on time and you will NEVER have to talk to her again!

1 mom found this helpful

Check out Daveramsey.com. He has a radio show, I think it is on 950am in the houston area on XM he's on 165 I believe beginning at 2:00. He helps people get out of debt and will give you advice on dealing with the creditors.
You don't have to deal with these people being so rude, politely explain if they are going to continue to speak to you like this then you will hang up and follow through with it. If they can have an adult conversation then you will speak with them. They cannot come and get you, so don't worry. And they won't take back your vehicle for being 14 days late--they would lose more money that way.
Good luck

Go online to consumersrights.com. They can not bully you if you are at work. In addition, if you have credit cards you may want to use them to help make the car payments if the company will allow. Call the finance company and not the credit company that is trying to collect. The credit card companies are not going to take your card and if you can make the minimum payments it might help until you get on your feet. But by all means try and keep up your credit. It is very important. Regarding what the company can do to you, they can give you bad credit and come take your car but that is all!Hope this helps, but you are too young to mess up your credit!!!!!:)

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.

I am with Ruth and Dana and good for them for speaking up! While it is nice that everyone is so supportive and giving advise some suggestions are part of why we have such a messed up society!!!

Take responsibility!!! You are in the worng, You did not pay your bill - While it may have hurt your feelings that the debt collector was rude to you... Did you ever think that it might have hurt their business that you did not pay on time like you agreed when you got the loan??

Getting a lawyer is the most riduculous suggestion on the post. Are you going to get a lawyer when your child does not turn in a homework assignment in school and gets a poor grade for it????? Think about the example you are setting for your children.

J., First, I would pay the bill on time from here on out so you don't have to deal with them, They don't have to be nice. However, You should read your contract to see what the fee's are, They could be over charging you for your late fees. The finance companies are some of the rudest people, they are knew for this and I can tell you that their supervisors would not care along as they get their money. The only way not to deal with them is to set up a online payment each month so you don't have to pay more the your original balance. Second, I would go to the Doctors to see what's going on with you feeling yucky. good Luck. Check out www.reliv.com I was tired all the time and now with Reliv I feel and look better. I can't say enough about it. For anyone!!!!!
G. Hudson

I would say yes you do have rights, you need a full print out of you account and make them show you where you are behind. I would call back and talk to a manager and tell them how rude she was and request more information. Be sure you keep all of your receipts and records from there people so you have a leg to stand on.

You need to pay your bills on time. Quit living beyond your means. Just try to get as current as possible. Collection people are rude. Just know that. Don't take it personally. They deal with mean people. So they have to be mean and aggressive.

The worst they can do is take your car and black mark your credit.

They can't "Get you".

Were I you I would call customer service at your auto finance company (and follow up with certified letter, return receipt requested). Let them know that you are doing your best to make good on/ with your payements - and ask to speak to the supervisor of the collections department (everyone has a supervisor). There are definite laws regarding collections that are covered by the FDCPA - but I believe most of them only apply to third party collectors. If it is a third party collector that is calling you, notify them that the phone call is being recorded and that, in accordance with the FDCPA, you are requesting that any further contact with you be via Mail at whatever your address is. Anything else, I'd call legal aid on.

S.

Hi I read your blog and wondered if you have heard about the Fair Debt Collection Act. You might want to go to this link:

http://www.ftc.gov/bcp/conline/pubs/credit/fdc.shtm

Maybe something in here might help....Hope everything works out for you.
K.

Hi J.,
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!
T.

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.

They are just pulling their collection tactics on you. Getting you upset enough to pay the bill is their job. I highly recommend that you check out Dave Ramsey. www.daveramsey.com. He's on the radio, too, but I don't know the station in Dallas. You can find it on his website. He provides great information on how to deal w/ collectors and how to get in control of your money. He has several books (they'll be on his website) that are a great help. My family has been doing his plan for 6 years. We paid off almost $40,000 in debt in 2 years and now are debt free except for our house for the past 4 years. We'll pay off our house in 6 more years. You can take 13 week classes at local churches to learn how to handle your money, or just read a book and get on the program. Depending on how much help you need, you decide which you want to do. You can also call into his radio show for advice. His whole program is NOT a get-rich-quick scheme. It is old-fashioned advice on how to get control of yourself first, and then your money. It's is difficult to sometimes do, but a very simple and basic program.

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!

You didn't say how much more you owe on the balance of your vehicle, or if you are "upside down" or not. If you have even a little equity, I would get out from under that note asap and get a cheaper, used car. Get a Toyota or a Honda that will run til the wheels fall off. Don't ever get sucked into the lie that you have to have something with all the bells and whistles...you just need something safe, sound & preferably with good gas mileage. Good for you for not having credit card debt---stay that way! Collections folks are not known for their smiling voices...some things you just have to blow off as part of life.

You might contact your bank or your local credit union and see if you can refinance it, you may even get a lower interest rate. You can refinace car loan anytime. Also I dont know how much you owe, but on my car I only owed like 3000 so I transfered the balance to my credit card and had a lower interest rate and could drop my insurance to liablity and save money there too. HTH

Have you thought of getting out from under the car ASAP? Maybe it would give you a lot of peace to have a much smaller car payment or even better trying to scrape together cash for a car so you no longer have to be slave to the lender. Good luck.

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!

She is right, collections is very different than customer service. They do have the right to say almost anything they want. In the end the worst the company can do is reposses your car and put it on your credit for seven years. Though that sounds bad, it is much easier than they can do in many other states. I would call the company directly and ask to speak with a finance manager. Let them know your situation, that you are working on getting it paid and ask for a little time. Many companies will let you role a payment or two onto the back of a loan to get you caught up. You still have to pay the intrest, but it can drasticly lower your payment for a month until you can catch up. I would check caller ID and just dont answer the phone when you see the name or number show up. They are a lot less fierce on voicemail than they are in person. They have a LOT of rules on what they can leave on a semi private message vs talking to someone in person. If you are behind in several bills and are getting lots of calls, change your voicemail back to the generic message and then the rules are even stricter on what they can say. We have had our issues with bills in the past, some we have just let sit on our credit and now seven years later they are falling off. In Texas you cant loose your wages or your owned property like your house, all they can do is pick up what you owe and "tell" you to pay. If you choose not to, your credit is all they can hurt.

Good Luck

Yes, you have rights and one of them is to refinance your car. Start looking now for another company. Have you heard of Dave Ramsey? He does "Total Money Makeover" and "Financial Peace University". My husband and I fought of money for 20 years and throudh 2 bankruptcies, then we did "Financial Peace" and that is a thing of the past. Dave taught us how to handle our money and to deal with situations like yours. He also has a call in show on talk radio, try looking for him.

J.,
You can call a man named Dave Ramsey. He has sound financial advice and advice how to talk to collectors and has helped many out of debt. Look him up on the internet or read some of his material from the local libraries.
L. T
Fort Worth, TX

Hunt down the name and business address of the president of the company. This may take some time on Google. Write a letter and give him names and dates of the people you spoke with. Give details. Do this today. Explain your situation and let him know what you plan to do about the problem. You'll get a response quickly along with an apology.

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 ____@____.com

I know your pain! I've been in debt for most of my adult lige and though I don't know exactly who you can go to to complain about her and maybe even the company (the BBB?)you don't have to answer the phone every time they call.
Seriously, as long as you pay, even $100 at a time or $50, they can't do you anything. Those are called good-faith payments and it shows the big company that you DO intend to pay off your auto loan. Also you could try to get a lower percentage rate with a different loan company or go to a credit counseling program to see if they can help you. I'm using InCharge debt solutions right now andthey are very nice and professional and they work with you on your debt/loans. Try them out. I know you want to do the right thing and it's hard but you will get through this, too.
Good luck with everything. -C.

this has worked in the past for me. Call the number on your loan agreement and ask them if you can just pay the interest. it extends the note for that number of months, but can help get you off the hook if the interest amount isn't too high. and report that woman to them.

J.,
I hope things are going better, by now. That was upsetting
I'm sure. Can your husband/father help? Sometimes a man does
work out better. My husband calls Sears, Chevron, etc. and
tells them we are going to quit using them, and guess what?
They lower our interest rate, and Chevron gave us a 10% discount
for 3 mos if we kept the card. We called to xnl Sparkletts too,
and they just gave us the water tank for free if we keep the
service, plus discounted the water...All this to say, that
the bank should work with you on this. Maybe you could work
with your other bills like we did, so that the money for the
car payment is more available, and on time???

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!

You have the right to call the car finance company and be straight with them...your money situations have changed...you know you owe the money and you will make every effort to pay them on time. Ask them if you can pay them a smaller amount at shorter intervals (instead of one payment a month, can you pay them $50 a week or $100 every 2 weeks as a good faith payment so that they know you're making an effort) MOST finance companies welcome a little groveling in order to make sure they get paid. Keep in mind it costs THEM money to send an account to collections and collections people, as a hazard of the job, will lie cheat steal and intimidate to make you pay...that's what they do. I personally had a guy tell me they'd get me fired from my job because they knew where I worked and would tell them I couldn't pay my bills. Pathetic.

As long as you are making an effort (and by effort I mean paying something...NOT calling them and telling them you don't have any money) the finance company will USUALLY work with you.

Also, if you have a problem making that payment, you might want to consider either selling the vehicle with an "assumed" loan type deal or letting it go back (DO NOT RECCOMMEND THIS BECAUSE IT CAN REALLY FUBAR YOUR CREDIT BAD BAD) but if you have to you have to and getting a less expensive vehicle.

About the rude operator...if you know the name of the collections company, call them and ask straight out for a supervisor, tell them what happened. If it happens again, call them again. You don't have to give them your account number to talk to a supervisor (that way they won't just send you to the same woman/man that is handling your account)

Good luck.

Yes, you do have rights. It is common practice for collectors to bully, that is their job. But it is not ethical nor is it entirely legal. Here are some websites http://www.ftc.gov/bcp/conline/pubs/credit/fdc.shtm

http://www.privacyrights.org/fs/fs27-debtcoll.htm

There are lots of these sites, just google collection rights.

First off, I do recommend that you tell them not to call you anymore, to contact you only by mail. I learned that from reading those sites.

Secondly, do what you can to keep that car from being repossessed. A friend of mine recently came into really hard times (severe weather destroyed their green houses which in turn destroyed their business.) She took her car, which she had already paid $10,000 on, and gave it back to the dealer with a sincere apology. They resold it for FAR below market value and then STILL expected her to immediately pay the remainder that she owed! She of course can't and couldn't believe that she owed anything after giving the car back. They are in the process of taking her house! She owns this place free and clear but apparently never homesteaded it so they told her it is theirs now!

I have had my own trouble with debt collectors. Everytime I have a baby, even though I have insurance they rudely harass me before the baby is born and while I am in the hospital (even at 11 at night and 6 n the morning!!!! While recovering from a c-section and worrying about a baby in the NICU!!!!) From now on when I get that first call demanding full payment prior to a bill even being sent (after all they can
t bill you until services are rendered) I will tell them that they are not to contact me anymore except by letter. If they contact me either in person or by phone in the hospital or at home I will file for a restraining order.

S. in Houston, mom to four girls

Well im sorry that you went threw that. No one should have to go threw that at all. If you can next time get her i.d. # and her name be for you start the conversation. Just cause you owe them money does not mean they can be rude with you. And if they get rude with you gEt rude right back and see if they like it. Good luck

Out of all this advice, I suggest re-reading Erin's response. As a lender myself (not a collector, a lender) she is right on. We understand that everyone goes through rough times, and most LENDERS will work with you. Since you're getting rude treatment from the collector, go directly to the lender and try to make things right. Most lenders will help you through tough times if you appear in person, sit down with them and sincerly explain why you haven't keep your payments current and ask for help if you need it. However, if you go to this length, you must follow through with whatever you promise. That way, you won't have to deal with the rude collectors at all!
D.

Well, she doesn't exactly HAVE to be nice to you, but it does help the situation if she is (you get more flies with honey than with vinegar). I would call back and ask to speak to a manager again, everybody has a manager even if you have to hold for one. My ex-husband used to work for a collection agency, so I can tell you there are laws about when and how often they can call you for collections. If they are breaking any of those rules, you can make a complaint to the Texas Attorney General's office - that's the office that oversees collection agencies.

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.

Hi J.-
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.

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!!!!

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.

Oh My My!!! What that lady did was on the verge of against the law. Next time someone talks to you like that, just let them know that you are recording the conversation, then they will play nice. They cannot come and get your vehicle by just being 14 days delinguent, they would have to notify you in writing, and most places don't even report on your credit until you are 30 or more days delinquent. Maybe she was riding you because of past delinquencies, but she did go about it the wrong way. If I were you I would call and report her. Everything is noted on a computer system so even if you don't know her name, the finance company does, because it will be recorded. Good Luck

J.,
I'm not sure what your "rights" are but I can tell you that my son fell into some very tough times and had not made payments on his car for nearly a year. They kept calling and finally he had to let it go to repo. It tooks several months for the repo guy to come pick it up.
For what it's worth.
M.
Mom of 4 and Grandma of 4

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.
M.:)

in this case I don't think you have many rights. I used to office next to a guy who worked for a collection company and I was always shocked at what came out of his mouth when he was on the phone. He was the nicest guy otherwise. I think if you were in better standing on your account you would have some kind of pull but in this case I don't think you do. Sorry you are in this situation.

J.,

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.

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.

I work at a financial institution and can sometimes hear my collections department. I think that they do have the right to be firm in collecting their money. Believe me, you are not the only one they deal with on a daily basis. However, there should be a manager of that department that you can talk to. You said that they could not tell you what the next steps would be if you do not pay, I think they do deserve to at least tell you that.

My mother worked for a collections company all her life. It is a stressful job and does make you very insensitive. Unfortunately, in collections, a lot of times the higher you get in rank, the nastier they get...

Your best bet is to find some way to get back on track on your payments. I know, easier said than done...Best wishes to you.