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Chrysler Financial Auto Finance / collection/reposession practices

1 United States Review updated:

I need help. I hav read several complaints regarding the collection/reposession and reporting practices of Chrysler Financial. I have to wonder why no Attorney has taken this on in a class action lawsuit. I would for one sign up for sure. First let me say, that Chrysler collection processes are horrible. They will call 10-15 times a day if you are 1 day late; believe me I know. They are rude, condescending and threatening on the phone On 2/26, Chrylser came and reposessed my van without warning or regards to my states collection law. I tried to redeem it by paying what they said was the past due amount, but they said Iwould hve to pay the full contract, which is $12500.00 roughly. Telling me that should not have bounced checks, that I was 4 months behind and they would not take a chance with me. This is where is gets interesting.

According to WV State Code 46A-2-106, a finance company is required to provide you with a right to cure default, and give you 10 days without harassing phone calls to take care of the matter. I never received a notice from them. On 1/16/10, I received an email stating that my payment was due in the amount of $861.50, which was for January and December; I had missed December's payment due to Christmas. I paid them $861.50 1/16 and later on 2/3 proceeded with scheduling my February 20th payment for $450. If you are familiar with the online payment system, then you know that there is no way to schedule a payment 17 days in advance for a lesser amount if you are past due. You must pay the mount due immediately. I did attempt to use my debit card 1/21, and my account was frozen. After contacting my bank, I was told that someone had tried to access the account several times with inaccurate information, so the account was frozen to debits. I was able to clear the problem up, didn't realize that 5 days after scheduling the Chrysler payment it still hadn't cleared the bank, I thoguht that it was alright.

After they took the van 2/26, I made several calls to the customer service people (real jerks) and the redemption department (even bigger jerks) explaining the situation. I was called a liar, they told my ex-father-in-law that I was 4 months behind, they asked me what kind of story that I was giving them that I had purposely bounced checks, which I had not. I was distressed all weekend, but finally Sunday I was doing a search through my MSN email and in the junk mail dated 2/17, a month after the payment and 8 days before my van was reposessed, notification that there was a problem with my payment of $861.50 dated 1/16. The account came back as code RA02: account closed, which falls in line with the account being frozen. They never issues a right to cure default, just an email to my junk file telling me to check with my local banking institution because the payment had not cleared the local clearinghouse.

Something needs to be done about this. You have a company that took government funds to bail themselves out financially and they habitually screw the people over that paid into the taxes that allowed them to get that money. I hope someone sees this, an attorney that would proceed with a class action lawsuit for questionable collection activities, harassment, slander and anything that can be taken in under this mess. If they are allowed to continue to treat people like this and take peoples belongings without notification, then eveyone loses.

I have filed a complaint with the local attorney generals office in West Virginia, contacted my local Congresswoman and I called the White House to complain. My local office are more proactive in helping, but agter 5 attempts to email the White House and calling the comment line, there is no effeort being made on their behalf to even contact me. If there is anyone else out there, please email with your issues at cindikay0611@msn.com so we can stop Chrysler from acting illegally and doing what they want without regards to law. Believe me, I don't feel that an email to my junk mail folder is sufficient cause for repoosession and I know that it is not a valid form of notification. They should have sent a registered letter with a return receipt to make sure that I got this.

I have the documented proof.

Ci
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Comments

  • Ke
      2nd of Mar, 2010
    +1 Votes

    First let's look at where your complaint arises from. You failed to make multiple payments for something you bought. You took money from a company and agreed, contractually, to pay it back in a timely manner. You then failed to do so, leaving the burden of the missing funds on the company that sent you the money. How would you like it if I were to borrow $12, 500 from you, and then miss several payments. I'm sure that you were expecting a repayment from me and probably needed the money for other purchases or payments.

    The several complaints that you may have read are all based on people with you same problem, they feel they are entitled to something that is not really theirs. The reason why an attorney general is not taking action is because they understand this. Can you imagine how much more money a creditor/lender would lose if they did not have the ability to take back a secured asset? The bailout would have been a lot more!

    It is understandable that a lender should not show anger towards you, but it is often difficult for some people to suppress that emotion when thousands of dollars are at stake. You did sign a contract, and agreed to pay the money back in a timely manner. You contract also stated that there was a secured asset attached to it and it you failed to make these payments, then they could take the vehicle and hold it to be auctioned off or until you can come up with the money. It should be considered that even allowing$0.01 of a single payment to be missing should be grounds for a repossession. The lenders have been nice to you allowing 4 missed payments. Often a vehicle will be sent out for repossession when a person misses a total of 2 1/2 to 3 payments. They also have the right to demand the full amount of the vehicle, once you default, if they feel you cannot meet you obligation to pay the remaining amount left on the loan.

    After going over that section of the WV code, I have realized that it states that they MAY send a right to cure notice, only if they wish to speed up the process. It also states that once a debtor has been delinquent 3 or more times, then they do not need to send a right to cure notice. By missing 4 payments, it could be considered that you were delinquent 4 times.

    If there is no way of scheduling an online payment that far ahead of time, then you should of called up and requested information on automatic payments on a scheduled day every month. Or you could of just scheduled the payments your self in a timely manner and checked consistently to ensure that they received the payments. I'm sure you would much prefer it if someone owed you money and called you every now and then to ensure receipt of payment, rather than a person calling you every now and then requesting and extension of payment.

    A lender is not responsible if their email ends up in your junk mail filter. That is your responsibility to add them to an 'approved emailer' section on your email account. Often times you receive emails from different parts of the creditor, such as financing and redemptions/repossessions, and will have to add the entire domain to your approved list.

    Yes, they accepted government funds and they do have plans to repay the money. But, if they had to file bankruptcy, I'm sure it would have had a larger impact on the US as a whole, rather if you had to. So, you cannot really compare yourself to them there.

    A good attorney will not look into this because they already see that, first you ave trouble paying debts to from you, and second, you have this sense of entitlement that made you feel that the vehicle was yours and something was stolen. The lender has rights to the vehicle, being that they had a lien on it. They took back something that you signed as collateral for a loan.

    I'm curious, how does everyone lose? Do many, majority of the people who can make their payments on time lose? You should not consider yourself in the majority, rather your one of the few. If the banks allowed people to repay how much whenever the debtor saw fit, then the banks would not have money to pay things such as wages and labor, leaving many people out of a job and continuing in a cycle. Then, the company will be even more likely to go bankrupt.

    I would recommend that you also remove your email address from your post due to how easy it would be for someone to find it and do bad things to, such as spam, your email account. It also allows people to find out personal things that you may not want exposed. This is just meant to be friendly advice.

  • Ci
      31st of Mar, 2010
    0 Votes

    Kevin, first let me assure you, I have forwarded your message to the proper contacts for this site and your threats will not go un-noted. As for my email, I work for a Consumer Fraud Prevention organization, and everything I posted was fact.

    As for your callous uneducated comments, well last I check, a junk mail telling you there was an issue with the National Clearinghouse was not a notice of intent. Last, with Chrysler, you can not schedule payments in advance for a lesser amount if you're behind, therefore, when I schedule that payment 2/3 to be taken 2/20, which it was, my account was current and in good standing. I have copies of the emails that Chrysler sent in February and they simply broke the law. I did use Chrysler's auto pay feature until they "accidentally" took $1450.00 instead of $450.00. So in essence, they did take money from me and never gave it back, which also caused a tremendous overdraft that I had to take care of.

    Therefore, before you make a comment again about something that I post, make sure that you question everything and not post without knowing all of the facts. As for my email, well, I will make sure that I keep an eye on that and will know who to report should something questionable happen. A piece of person advice, becareful making irresponsible comments like that, because I will be looking at a person that makes a menacing comment like that should things start happening. I have already used "Snag-it" to photo copy that post with your profile. Just in case you don't know what that is, Snag-it take a screen shot and it can not be editted.

    Bottom line, is people hit hard times, just as this company did. That was not the case in this matter. There was not indication there was an issue, I made a payment, then scheduled and made another payment. Everything was current and not behind and email is not a valid form of communication. I have tried to work with Chrysler, which is why I ended up over $1265.00 in the hole because they took the wrong amount out.

  • Ke
      31st of Mar, 2010
    0 Votes

    My comment was not meant to be a threat and I am sorry that you felt it was. I was merely trying to change your opinion about the company and give you a sense of their position on the loan. My intention were to also let you know that they were acting within their legal limits and I provided proof that they were.

    Also, please do not rant about my educational background. I have experience in loans, repossessions, repossession law, and other matters relating to this post.

    Where does a notice of intent come in? Chrysler does not have to provide a notice of intent, rather they may provide a right to cure notice.

    As with the scheduled payments, my advise to monitor the payments to assure that everything is taken care of smoothly.

    I am sorry that that last part about the email was viewed as menacing, but it was not my intentions. Again, it was meant as advise.

    Also, Snag-it, as stated by the program's website, is a "...screen capture and image editing functionality you'll ever need, in one simply powerful program", as stated by the program's website. I am not questioning your motives to edit, just pointing it out.

    An email is a valid for of communication, billions of emails are sent per day.

  • Ke
      28th of Feb, 2011
    0 Votes

    I do not and have never worked for Chrysler. I am just stating my opinion as a 3rd party.

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