Robert
Buffalo,#2Consumer Suggestion
Sat, February 07, 2009
does not apply to creditors. This is an established FACT and is not debatable. There may indeed be other STATE statutes that might protect you and that they have violated. You should check with the Washington attorney general's office or some other WA state consumer protection agency for advice. Here in NY we have a state statute, Article 29H, that prohibits any debt collector including creditors from contacting your employer UNLESS there is a money judgment in place. Perhaps the state of Washington has a similar state statute. Good luck.
Andie
Packwood,#3Author of original report
Sat, February 07, 2009
FTC website is ftc.gov, you can also file a complaint with them. The FDCPA states that a collection agency in anyone collecting a debt for another party. Is does not say that the original lender cannot also be the collection agency. Lenders have collection departments, these are considered a creditor, it also does not 3rd party only. If anyone has any questions, refer to the website above and search for FDCPA.
Andie
Packwood,#4Author of original report
Sat, February 07, 2009
Each state has different laws. I'll admit that the car dealer lied to me, I know this! My contract does have a 72 hr return. As for Creditors calling your place of employment, The Law states in a nutshell that 1. a creditor may contact friends, family or employer to find out you whereabouts. he cannot say that you owe any depts, nor imply that he is a debt collector. 2. a creditor cannot call you work if you have notified them that you cannot receive calls at work. 3. a creditor cannot harass, oppress, or abuse you in regards to collecting a debt. This includes threats of physical harm, reputation, foul language or just to simply annoy you until you pay. For more information, go to the FTC website. This company, original lender or not, has violated all of these laws.
Robert
Irvine,#5Consumer Comment
Wed, February 04, 2009
It sounds like the car dealer lied to you on some points in order to get the sale. There is NO "Cooling Off Period" for new cars, so it did not matter if you found this out after 72 hours. As soon as you signed on the dotted line the car was yours, even if you turned around 30 seconds later the deal was done. As to the "changing in terms". This may or may not be a lie, but probably was. I doubt there was ever the ability to change your due date. However, the only terms that matter are the ones in your loan documents. So read that over carefully. As to them having to stop calling you at work if you request it. On this you are also wrong. Their is the Fair Debt Collection Practices Act(FDCPA) that would stop this. However, that ONLY applies to 3rd party collection agencies not the original creditor(which Triad is). It is also not illegal for the original creditor to discuss your current standing on the account. You could attempt to file harrasement charges, but in the end that probably wouldn't go anywhere, and your time and money would be better spent trying to get your loan paid off. However, in the end they are not totally at fault. You were not forced to get that loan. You said you didn't want a "new" car, but that is all the dealer was going to sell you. So LEAVE and go to another dealer.