dad and daughter went togather to get a car loan. the dealer told my husband that she would have to pay no matter what. They put her down as a cosigner the liences is in her name. she was two payments behind. the loan company said that if she didnt bring the car to us they would get her for auto theft. we made a deal to pay two payment then they would extend the payments until Jan. Two weeks after we made the payments they started calling us wanting more money. This was in Nov. We asked for a title or something with my husbands name so that he can get the liences but we have not gotten anything yet. We don't want or can't afford the car. We can't understand how the liences got in her name to start with. What happened and what can we do? Thank you Becky
Real Estate Attorney
The is no theft here and those were threats that are prohibited by the FDPCA. If you are not on title you cannot take the car. Go see the dealer and find out how she got the title in her name.
You will need to consult with a consumer protection or bankruptcy lawyer locally. Many lawyers on this site offer a free consultation and you might find one near you and make an appointment for specific legal counseling.
1. Start keeping a detailed log of all calls and letters and a paper file of all information. Because persistent violations of the FDPCA are punishable by statutory fines and attorney’s fees under federal law, but you need hard evidence.
2. Make a written demand that all further communications from creditors is in writing under 15 USC 1692 (c).
The letter should also contain a dispute of the validity of the charges and include a demand for a complete accounting with signatures, and all contents of their file.
The creditor then has 30 days to reply and they may not take any action until you have been sent the validation. Bear in mind that this may be motivation for the collector to work your account when the file comes to them from the original creditor with new information.
3. Do not give them any personal information because that is how collectors decide on which accounts to recommend suing. Remember they may not tell the truth and will say just about anything to get a payment from you and that payment reaffirms the debt, gives them information about you and your bank and ability to pay.
4. If you are going to make payments use money orders and not personal checks, wire transfers, money grams, or “check by phone” because if they find a bank account the collector will be more likely recommend a lawsuit the their legal department.
5. All collections are negotiable; the original creditor has given up and is losing up to 50% on the face value already either by splitting any return or selling at a huge discount. In addition, the costs of a lawsuit although discounted still are a factor in the decision to settle with you.
If you are going to settle mark the check “settled-in-full” at the very top back of the check and include a letter explaining you are offering a settlement, keep copies of everything.
6. Get written confirmation of any payment plan the agency will accept before making a payment.
7. Specify in writing that all payments will be applied to principle first.
If you are ready to throw in the towel go see a local bankruptcy attorney and explore your options for federal protection. The protection will even look back 90 days from filing and get back money taken by the collectors.
If your debt is with the government like the IRS or a State agency or for Child Support or taxes the rules will be different and you will need a local lawyer.
DO NOT use a debt settlement service; most of them are scammers.
I do not practice in your state and you will need to consult with a local lawyer for additional protection under your state law.
I have pasted a link to the FDPCA to help you with your federal rights;
You should read the FDPCA from the link above and become informed about your rights; this will help you and your lawyer.
I hope this information and generic advice is helpful and If you found this helpful, please click the thumbs up below. Thanks.