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United Auto Credit violation of consumer rights in regards to collection tactics Cerritos California
Here is the situation. My auto payment was due on the 25th of every month. I mailed my payment off on the 24th of this month. Needless to say I received my first call from united auto credit on the 26th asking me if i was going to come in and bring the payment or have i already sent it in. I explained to the first represenitve that I had already mailed it in. Not a problem.
Then the next morning at around 8:30am I received my second phone call on my cell phone. I explained to the agent (George) that I had already talked to someone yesterday and told them that the payment had been mailed he then begain to tell me how it didn't matter and i should have mailed it off 5 days before the due date. I explained to him that i understand and why was he calling me when i had already spoken with someone about it? Why had he not even waited on the mail to run for that day prior to him calling me. Then my cell phone dropped the call. He called right back and i told him to call me on my house phone because i was on my cell phone and the reception and connection was bad. I waited for about 5 minutes and he didn't call back. a few moments later he had left a recorded voice message telling me that i had hung up on him and since i was unable to communicate with and had the nerverve to hang up on him he didn't feel like i could handle the payment and therefore he was going to come and pick up my vechile. He then stated that I need to clean out the vechile andI had better watch my back(illegal threat) over the weekend becuase he would be coming to get the car. I am searching the net because there has got to be something that i can do about this matter. no company should have the rights whether they lent you money or not to call you after being only 2 and i say 2 days late and leave threating voice mail or talk rude and nasty to anyone. tthere has to be some form of business code of coduct even for creditors.
believe me this will not go unresolved especially since i have recorded proof of the threat. This company should have some form of class action law suit filed against them. Maybe all of us who have experienced their abuse could come together and FIGHT BACK.
Rachel
los angeles, California
U.S.A.
5 Updates & Rebuttals
C
Pittsburgh,Pennsylvania,
U.S.A.
I agree
#6UPDATE EX-employee responds
Sat, June 03, 2006
Rachel I totally agree with you when you say there should be a class action law suit against them. I worked for them and witnessed the illegal things they do and unfortunately get away with. I was fired for that reason. There was nothing I could do about it though, through the EEOC since it was not based on descrimination. I was also a customer (or as they say, debtor) of theirs and I know how they act when they call you. The things that went on in the office where I worked were so wrong, and there was nothing I could do about it after my position was terminated. I really do hope this company goes out of business, but I hope all the poeple they've tortured get some kind of justice before that happens.
Rachel
Los Angeles,California,
U.S.A.
my response
#6Author of original report
Thu, June 01, 2006
I truly understand that my payment was sent off in an untimely manner however that does not give any collector to call and leave a voice message telling me that i need to watch my back. I have ben reading up on some information regarding the rights of a consumer and his tactics were unexceptable. He wasn't looking for a over the phone payment because UACC does not except any major credit cards all they except is western union quick collect, check or money orders. They are just rude, nasty and very unprofessional and something needs to be done regarding this company. There have been several complaints but no action so yes i am going to contact someone who could assist me regarding this matter. If it's nothing but to have them no longer contact me by phone then so be it.
C
Pittsburgh,Pennsylvania,
U.S.A.
Turn in the recording - under no circumstances is a debt collector allowed to threaten you in ANY way
#6UPDATE EX-employee responds
Thu, June 01, 2006
Sorry that the website was removed. I will agree with Aefes, you can't send out a payment the day before it's due, and I'm sure you're aware of that. However, under no circumstances is a debt collector allowed to threaten you in ANY way. As I said, if you still have the message recorded, take it to an attorney to hear. You can go to NACA . net to find a lawyer who specializes in that field of law. Hopefully this time it won't be removed. In the future, if they have a history of leaving messages like this, make sure you keep them. You can also tape record all calls with them from now on, but in your state you HAVE to have their permission to do so, and it has to be clear on the tape they consented to it. If they won't permit you to record the conversation, then tell them you can't speak with them over the phone and end the call. If what they have to say to you is important and something they won't get in trouble for, they'll have no porblem with you recording the call.
Aafes
Viernheim,Europe,
U.S.A.
Due date for car payment
#6Consumer Comment
Wed, May 31, 2006
"My auto payment was due on the 25th of every month. I mailed my payment off on the 24th of this month. " The representative that called you was only correct about one thing. It is not reasonable to mail a payment on the 24th and expect the post office to deliver it, the payment to be processed and posted by the 25th.
He was wrong in saying you needed to "watch your back". Basically a typical collector trying to pressure you, he wanted a "payment by phone" so he could resolve the call and collect his little commission for obtaining the payment.
In the future make your payments in more than adequate time for the payment to be received and processed. United Auto Credit is a subprime lender and as such basically treats all of their customers like deadbeats who are trying to avoid making payments.
In California the repossession code states:
"If you are behind on payments (even one), the creditor can repossess the vehicle. (California Civil Code 2983.2] They do not need a court order or judgment first. They are usually not allowed to take it from your garage, but can remove it from a public street or parking lot. They cannot use force or breach the peace (California Commercial Code 9503), but can hotwire the car or use duplicate keys. Car repossession law is usually consistent from state-to-state, but check your specfic state law for variations on the above."
C
Pittsburgh,Pennsylvania,
U.S.A.
Turn in the recording
#6UPDATE EX-employee responds
Tue, May 30, 2006
Rachel, if you still have the message with him threatening you, all you need to do is send it in to a lawyer. You can go to xxxx and search for a lawyer in your area who practices debt collection law. Hope this helps.
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