We got a loan for a 2002 Kia Rio for our daughter for college (Purchased 06/02) In March we had a van stolen, I had a small blue box that had all of the families bills reciepts etc.
We began having problems with our Mortgage companies and other creditors because we had no proof showing the accounts were paid. The Mortgage company (Homecomings Financial) and Fair Banks AKA Select Portfolio) tried to foreclose on our home so the only thing we could do was to file a chapter 13.
So May we filed a chapter 13 and had to list all of our bills including the car loan we continued to have problems with the mortgage company throughout the chapter 13 causing a yr later to be dimissed May. We didn't find out about Chapter 13 was dismissed until June 12th we had recieved a letter that day and a phone call later that evening from a gentleman named Eddie He was calling to tell us he had papers to serve us and wanted to know where the kia was at.
I began asking him question but he seemed puzzled when I told him this had all been tied up in a chapter 13 and he stated he wanted me to contact Americredit the next day. He stated if I needed him to call and he gave me a phone number. I contacted the company and all I recieved was a lot of lip. The young lady I was speaking to was very rude she was yelling and demanding all kinds of things. She stated we had until the 15th of June to pay the following Payments Jan May because they never recieved payment for the courts they wanted me to pay $3554.00 but I refused because there were other charges on the letter that I didn't owe but, they were trying to collect for.
I went and sent 5 payments ($293.76 plus late fees of 5.00 each for each payment I also wrote them a letter wanting to know what was going on with my account. I never heard from them again til 08/04 a gentleman name Melvin called had stated the car had be written of and that they have never recieved a payment from us since the dismissal of the chapter 13.
I told him he was wrong and went through the whole spill letting him know what was going on he stated he would allow me to continue on making the car payments and we did. (Payments Jan- October) I was having porblems again with our Mortgage company again so dealing with them I was 13 days late making November 29th car payment.
On Dec 13th Our daughter called us crying stating that a officer was taking her car away per Americredit orders I spoke with him for a few minutes and he put our daughter back on the phone. The next day I contacted their office to see what was going on I spoke with several people they gave me nothing but the run around. I finally spoke with a lady who I spoke to before when i gave our new phone # and or called the controlled Number etc.
She played dumb she acted like it was the first time she had ever spoke to me. I stated to her that I thought this was crazy to take away a car for being 13 days late I told her I was having problems with our mortgage company and didn't contact them but they never called either. She told me I either could Pay $4350.00 settlement agreement (which in October They had sent a letter to me asking if I would like to do this) or the whole balance of $9800.00 I told her I wanted the car back. She stated to contact her back to let her know.
I contacted a lawyer to see what rights I had and On Dec 17th I recieve a letter from Americredit I have 10 days from the date of notice (12/14/04 to pay the following: Net Principle Bal$9,906.27 Interest Due:$2,154.27 Repossession Expenses:$350.00 Late Charges:$35.00
Grand Total $12,445.54 this has to be paid by Christmas Eve.
Our family lawyer has sent them a demand letter but I don't trust Americredit with my life more less anything else. I only had 26 payments left this car was a gift to our daughter and now its getting taken away. Im going to fight til the end I feel this isn't right and these companies have walked on us long enough.
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