Richard
Houston,#2Consumer Suggestion
Mon, October 11, 2004
Well first of all, you should never avoid your creditors. Usually, if a creditor can't reach you, especially a 2nd chance finance company, they will begin calling the personal references you listed on your application. They will only call the people you list and in most cases, that is 3-7 personal references. But if they talk to anyone in detail about your account, you have a lawsuit. If they telephone you at work, send them a Certified Letter (Return Receipt) asking them not to contact you at work and save a copy of that letter. They must abide by that request or you can sue them. Creditors are NOT allowed to telephone you at work if you have proof that you have asked them not to. Secondly, make your payments. I was quite surprised by your remark when you said "but when you do talk to them they want 1 or 2 payments before they will help you - meaning never." Do you not intend to pay for the car? Sounds that way to me. Circumstances can cause people to get behind on payments, but even a partial payment would be better than no payment. And NEVER USE AUTOMATED PAYMENTS! Unless you're sending via Western Union or Money Gram. I find sending a Money Order for your payment is best. KEEP THE MONEY ORDER RECEIPT AND A PHOTOCOPY OF YOUR PAYMENT COUPON! This way they can't use the excuse your check bounced or the Automated Debit was returned. And they cannot say you didn't make the payment if you have a copy of the MO reciept attached to your payment coupon. And it is true, they don't want the car, they want the money you agreed to pay for the car. I don't know about California laws, but in Texas, where Drive is located, it is illegal to garnish wages except by the government who will garnish your wages for child support, back taxes etc. Finance companies or any creditor other than the Government, cannot garnish your wages. This doesn't mean they won't threaten to do so in a scare tactic to get you to pay. They can Debit your bank account however, if you owe them a payment, so it is best not to give them your account number by sending them a check or automated payments drawn from your account. Another reason sending a Money Order is the best form of payment. Finally, it is also true that if you return the car or they repossess it, they will still come after you for the money owed on the car pursuant to your contract. Usually, if the car is repossessed, it is auctioned off for a fraction of what is owed on the car and you are responsible for the difference. You will find catching up your payments and making your payments on time will stop the harrassing calls. Make payments when you have the money even if it is 2 weeks before your due date. Not doing so, can cause you not to have the money when the payment due date arrives. So do the best you can to handle your obligations and I wish the best of luck to you. :)