Jp Morgan Chase Auto Finance Chase Auto Financing Collections harrassment and release of private information Internet
We fell behind on our car payment due to a family illness and I stopped working to assist my family. After telling Chase this, I was told there was nothing they could do to assist me. I had to pay over the phone with a post-dated check for 7 days out. After that they began calling at 7:47 am and every hour until 9:06pm.
My 15-year-old son answered the phone and they asked him where the car was and told them they were coming to get it. We called to speak to someone and they apologized but were told that if we paid our bills that would not have happened.
All of our phone conversations have consisted of yelling and degrading us. They always demand that we western union a payment by 5pm that night and one time I said that I could not do it by 5 pm and he accused me of lying. Every phone conversation consists of them threatening to come get the car.
They did call our references and told one of them we were behind on our loan even though they were not listed on the loan and then sent an adjustor to our door with a letter to call them immediately.
They did tell me that they record conversations but I was not advised of this practice, nor is there a pre-recorded messages stating that they do.
I did discuss turning the car back over to them because I could not handle their threats any longer and maybe we were in over our heads. I then asked what was involved with repossession and how was it handled. Instead of answering my question, he hung up on me.
I did look at court cases in my state and saw that there are cases against them for harassment. Obviously to file a suit against them would only end up costing me more money. This practice has to stop. I am afraid that we are just at their mercy.
2 Updates & Rebuttals
Robert
Irvine,California,
U.S.A.
ReactorCore..
#3
Tue, August 25, 2009
I am sorry but I must correct you as you have mentioned this a few times. I am taking it that you are in Canada and not familar with all of the in's and out's of the regulations in the US.
First of all it is known as the Fair Debt Collection Practices Act(FDCPA).
Second and more importantly it applies only to 3rd Party Collection Agencies. Original Creditors(which Chase is) are not covered under the FDCPA. If the OP sends or attempt to take action for violations of the FDCPA they would get no where. There is no Federal Law that extends the same protections to Original Creditors, although a couple of States have laws that do. One is for California residents known as the California's Rosenthal Fair Debt Collection Practices Act.
As for the OP again if you stopped working what exactly did you want them to do to assist you?
ReactorCore
Victoria,British Columbia,
Canada
At their mercy?
#3
Tue, August 25, 2009
"I am afraid that we are just at their mercy."
No you're not. Not for a second.
You may be in debt to them, but you're the ticket required to "pay their bills" as it were.
Your first line of defense against harassment is the Fair Debt Collection Act (FDCA). This Act stipulates how you must be treated as a debtor under Federal law. Taking your report at face value, they're already broken the law in a number of ways.
First, the threats. They're not allowed to outright threaten you. They can't keep telling you they're going to repo the car and not follow through. They're trying to use the fear of repo to get you to fall into line. Also, they are not allowed to present themselves as, nor threaten you with, action on behalf of any law enforcement agency. If they do so, they've broken the law themselves.
(Repo, in fact, works against them, because now you have no physical property to try to actively defend, and this tends to let collection actions drag out)
Yelling: You are to be treated with due respect, no matter how far you're in the hole with them. They are also out of line in calling you a liar or ANY names.
Also, if their demands are beyond your ability to pay, tell them so. Tell them that due to this, calling you so often is fruitless, since you can't get blood from a stone.
Where the FDCA comes in is this; if they continue in a harassing manner, continue to yell at you, make false claims against you (liar), continue to demand money that you don't have, you can draft a "cease and desist" letter demanding that they cease contacting you. Send it via registered mail to their collections office and make sure it requires a signature at final destination.
Be sure and contact your Attorney General's office with a detailed complaint. Google the FDCA and examples of cease and desist letters and make them work for you.
For other tips on what to do (including how to settle your own debts in your favor) and how these collection agents (or, "debt terrorists") work, you can peruse the videos available on the YouTube channel "TheWarOnDebt" here:
http://www.youtube.com/user/TheWarOnDebt
Good luck.