D.
Mound,#2Author of original report
Fri, September 19, 2008
They called my wife and told us "We sold the car for junk for $100" (The car is in perfect working order and has no damage) well we drove by today and sure enough its in the lot for sale. Liars, theives and cheats, every one of them. I don't know how they stay in buisness. They sell it for less that its worth thats their problem. I'll fight it in court, and counter sue for harassment. It'll be a cold day in hell before they get any of my money.
Robert
Irvine,#3Consumer Comment
Sun, August 24, 2008
The Fair Debt Collection Practices Act(FDCPA) does not apply to the Original Creditor only 3rd party collection agencies. I am not 100% sure with this company but if you still had the car it sounds like UAC is the original creditor. If this is the case then any number of letters citing the FDCPA will get you no where. Now, if they are a collection agency did you send these letters certified mail with return receipt. This is the only proof that a court would accept as to if you did notify them. A regular first-class letter would not be proof. If you did this and they continued to call then yes you would have a valid suit against them. But you don't need a lawyer you can just file a small claims case against them. I know you were upset but just be aware that even if they reposessed the car you still owe the balance of the loan after the sale of the car. So if you owed 10K and they sold the car for 4K at auction you still owe the 6K plus the fees involved in the Repo and sale. If you do not pay it they can take further action against you. One of these actions may be filing a suit for the deficency balance. You may have found that paying the $800 and keeping current was actually worth it in the long run.