I purchased a car with financing through onyx acceptance corp. Back in 2001.in 2003 i was forced to declare bankruptcy, i chose chapter 13.in 2006 i converted to chapter 7 and was allowed to keep my vehicle. I, along with my lawyer's assistance, attempted to contact onyx and were informed that they had sold all their accounts to capital one auto finance. My lawyer was put in touch with ascension capital (they represent cap one in bankruptcy matters) to work out an arrangement for the payments.
In june of '06 i paid, over the phone, to ascension capital the amount needed to secure the loan and agreed to pay a specified amount per month for the remainder of the loan. I received a receipt in the mail.
I called the following month to make my pymt and was informed that ascension capital no longer serviced my account and was given an 800# to capital one. This was an automated line. I entered my soc sec# as directed and it said it wasn't recognized please enter again so i did it again. Still didn't work so i tried my reference#, didn't work, and my original onyx acct#, still didn't work.
I attempted to call back the 4th time and enter 0 hoping to get an operator. After being put in a loop over and over for about 45 minutes the automated voice says thank you for calling capital one, goodbye. I try this call over and over for a few days, finally i speak to someone and they say my account is serviced by ascension capital.
I call ascension capital and they say my account is with capital one. This goes back and forth for a few months. All the while i have no account number, no address to send payments to. (i tried to set up bill pay through my checking and they had an address for cap one auto fin.in their list of payees but when i sent the pymts there, referencing my soc# they were rejected)
my lawyer and i continue to call frequently to obtain my account# and an address for pymts to no avail for 7 months straight. During this time i do not receive a single phone call, letter or email from them. I even tried to register to pay on their website, again my account doesn't exist.
2 days ago, they repo'd my car. The first legitimate contact info i got for them was from the tow driver who allowed me some time to gather my belongings while he wrote down the # for me.
I called and asked what needed to be done, i assumed i'd just have to pay my pymts plus tow fees. I had saved the pymts all this time so it wouldn't be a problem.
Well, the figure they gave me was almost double the amount of my pymts. They had increased my pymts and changed the terms of my loan because i didn't pay. I explained over and over what had happened and although the representatives were sympathetic they said they couldn't accept a lower amount. I offered all the past due pymts for the amount i agreed to plus one month at the new amount. I was offering them almost what they were requiring (more than 2 thirds) and they wouldn't budge! I spoke with 2 people that seemed like they wanted to do something but couldn't and was transferred to someone they thought could make a different arrangement.
This last person answered the phone with an attitude, looked up my account and proceeded to yell at me. I was calling there to work things out and she's shouting, changing information about my pymt amounts around (she wouldn't acknowledge the amount i agreed to and once made it double the amount she said a minute earlier) and being totally disrespectful. I asked to speak with another representative and she continued to yell. I asked to speak with her manager and she continued to yell but is now telling me that i am being abusive to her. That i need to lower my voice immediately and stop my abusive behavior or she would disconnect the call. I asked for a manager again, she yelled some more and i hung up.
So this company is getting away with not acknowledging my account existed, not providing me with an account# or payment address, i have no paperwork citing the terms of my loan, and they did not attempt to contact me in any way for the last 8 months. They took my car and it will be sold by next week, and i am so close to paying the ridiculous amount they're requesting but just short that extra amount. They said they'd add the fees for the repo to my loan. Thanks but no thanks. Unbelievable that this is legal! Or is it?
0 comments