- Report: #359709
Complaint Review: GMAC Finance - Nationwide
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GMAC Finance
Nationwide, U.S.A.
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GMAC Finance Uncooperative service reps, heartless b@stards Nationwide
My apologies for a long story....My husband purchased a GM vehicle without using my credit or name on any of the finance information. He set up monthly auto-payment schedule with GMAC so they could deduct his payments directly from his personal account, which did not have my name on it.
My husband changed the bank account info with them earlier this year and it is now being deducted from our joint account through another bank (somehow I was not asked to sign or otherwise give permission for this although the law requires it).
He passed away June 3 2008. Within a few days, I notified GMAC, and requested that they immediately stop debiting money from my account, and that I am returning the vehicle to the dealership. The rep told me I need to fax the death certificate before they could talk to me since I was not listed on the account, but did tell me not to take the vehicle back until I call back and verify receipt of the certificate. I faxed them the cert about 10 days later, the day after I received it from the mortuary.
I waited a coupple of days then called them to check the status. The rep stated they did not receive it and would not assist me further.
I faxed it twice more and called again (now only 2 days before the 900 some-dollar payment was to be deducted from my now personal, not joint account). This time they acknowledged receipt and asked what I needed (as if I hadnt already told them.)
She (Susan??? I think they're all named that) said she could not stop the payments without giving an explanation. After arguing with her on that to no avail, I said again, that I was returning the truck to the dealership since they now have the death certificate. She said, "no, you no do that, you make payments, you keep truck" I told her no, its not mine, it belonged to my deceased husband and I cant possibly afford the payments now. She then said "you make payment or we ruin credit". I'd had enough by then and told her I doubted my dead husband gives a s**t about his credit and hung up.
I have since returned the truck with a copy of the GMAC account info and death certificate, and GMAC continues to call almost daily, demanding payment on a truck with no owner that they have possession of. It's somewhat difficult to ignore them, but thats what I started doing after the 2nd week or so, of trying to talk to some moron I can barely understand.
If I ever do have the luxury of purchasing another vehicle, it will NOT be a GM product or in any way affiliated with GMAC.
J B L
Mesa, Arizona
U.S.A.
My husband changed the bank account info with them earlier this year and it is now being deducted from our joint account through another bank (somehow I was not asked to sign or otherwise give permission for this although the law requires it).
He passed away June 3 2008. Within a few days, I notified GMAC, and requested that they immediately stop debiting money from my account, and that I am returning the vehicle to the dealership. The rep told me I need to fax the death certificate before they could talk to me since I was not listed on the account, but did tell me not to take the vehicle back until I call back and verify receipt of the certificate. I faxed them the cert about 10 days later, the day after I received it from the mortuary.
I waited a coupple of days then called them to check the status. The rep stated they did not receive it and would not assist me further.
I faxed it twice more and called again (now only 2 days before the 900 some-dollar payment was to be deducted from my now personal, not joint account). This time they acknowledged receipt and asked what I needed (as if I hadnt already told them.)
She (Susan??? I think they're all named that) said she could not stop the payments without giving an explanation. After arguing with her on that to no avail, I said again, that I was returning the truck to the dealership since they now have the death certificate. She said, "no, you no do that, you make payments, you keep truck" I told her no, its not mine, it belonged to my deceased husband and I cant possibly afford the payments now. She then said "you make payment or we ruin credit". I'd had enough by then and told her I doubted my dead husband gives a s**t about his credit and hung up.
I have since returned the truck with a copy of the GMAC account info and death certificate, and GMAC continues to call almost daily, demanding payment on a truck with no owner that they have possession of. It's somewhat difficult to ignore them, but thats what I started doing after the 2nd week or so, of trying to talk to some moron I can barely understand.
If I ever do have the luxury of purchasing another vehicle, it will NOT be a GM product or in any way affiliated with GMAC.
J B L
Mesa, Arizona
U.S.A.
4 Updates & Rebuttals
J Lopez
Mesa,Arizona,
U.S.A.
Thank you for the responses
#2Author of original report
Thu, August 07, 2008
Thank you for the input. The bank told me they could not do anything but issue a stop payment (for a $35 fee) for the exact amount they planned on deducting. That actually did work and thankfully they didnt try for a different amount. Unfortunately I dont know too much about probate etc. To behonest, at 35 years old I never even thought Id need to know anything about it. All I do know is hat we really have no assets, other than a small business we own. Luckily, one of my sister-in-laws is an estate atty in Tennessee. She has offered to check AZ laws & find out what kind of protection I have, if any. I dont want to screw companies out of money, but dont feel I should be responsible for a vehilcle I dont own or ever purchased. But we'll see what happens. I dont fault GMAC if they follow the law, but they could definitely do it with more compassion or courtesy. Incidentally, we purchased a travel trailer (under my name) and financed it through American General. I called and told them what had happened, and that I may have to surrender the RV as I could not longer afford that either. They were quite understanding and gave me extra time I requested to clean it up a little and borrow a truck to get it to their office. A few days ago I received a notice in the mail stating they were going to sell the RV and they would not bill me or hold me responsible for any amount left due after the sale. A bit of kindness and understanding left me feeling a bit better about everything. Again, thanks for the kind words, suggestions and the chance to vent.
Steve
Tucson,Arizona,
U.S.A.
There is a lot more to it than what has already been posted
#3Consumer Suggestion
Wed, August 06, 2008
The OP is in Arizona, which is a Community Property state. GMAC can legally come after her for the total debt, because the debt was incurred while marriage and therefore the truck and its debt are part of the marital estate. GMAC can continue to debit from what was the joint account because an account holder gave them authorization. She needs to close that account and open another one in her name only. GMAC cannot debit that account.
J G Shrugged
Austin,Texas,
U.S.A.
What did your bank say? And what is the status of your husband's probate?
#4Consumer Suggestion
Wed, August 06, 2008
My condolences for your loss. Did you try having the bank stop payment on the auto drafts? And also, in order for the creditors to be closed out properly, your husband's estate will need to be paid out through probate. I hope you've opened a case. Usually the surviving spouse would be the trustee, which means that you would still get the calls, but the calls would be to inform them the status of the estate.
Lambmit
Sugarhill,Georgia,
U.S.A.
I hate that this has happened to you
#5Consumer Comment
Wed, August 06, 2008
First of all, I am sorry for your loss. I know this is a painful time in your life. What happens in the case of someone dying is that their assets stand good for their debt. When you two opened a joint bank account that became an asset in his name even though your name is on the bank account. It does not matter if the truck was in just his name or in both of your names. The fact that the bank account had his name on it make it an asset of his. What you 2 should have done was to not open a joint account when there is an dept in his name only. What will need to happen is that his need to be sold to pay off the debt. What GMAC is going to do is to sell the truck at an auction most likely for less than the amount for the loan and will come after is estate for the difference. What you should have done was to sell the truck and anyother asset and pay off the truck.
