DriveTime / fraud and cheating
In September 2004 I purchased a 2002 Chevy Cavalier from DriveTime. The vehicle was way over priced but considering the fact that I had less than great credit and very little money for a down payment, this was my only option because I needed a dependable car to make it to work everyday... I was in jeopardy of losing my job at that time because of an unreliable car.
So... I continued to make bi-weekly payments of $194 for the next 14 months. In November 2005 my car was stolen. I reported it to the police; 2 days later it was involved in a high speed pursuit. The car was badly damaged and towed to a lot. When I went to the lot to pick up my car, they told me my bill was near $600. I did not have the money then so I could not take my car. I notified DriveTime of the car being stolen and provided them with a copy of the police report and the location of the car. I told them I would honor my lease contract and continue making payments and I made my next payment for the beginning of December.
Approximately 2 weeks later DriveTime notified me that they had picked up my vehicle from the tow lot and were placing it under repossession. I received a letter in January 2006 that my vehicle was sold at an auction for $50 and I was obligated to pay the amount still owed on my loan, somewhere around $9000. How could DriveTime repo a vehicle I was still making payments on, and then without my knowledge, sell it at an auction for $50 and send me a bill for the difference??? AND - Aren't I, by law, entitled to a notice of intent to sell before it actually takes place so that I have the ability to buy my car back?? WTF!
Later that year I received a call from a collection agency regarding the loan amount owed. I explained to them the circumstances and that there was an on-going investigation regarding the car. The agent said they could not pursue a collection because of the criminal investigation. Now in November 2008 I am receiving calls from more collection agencies asking me to pay this debt; they are even contacting me at work when I have told them they cannot call me at my place of business under federal law.
I realize that under normal circumstances I would be obligated to pay a debt owed for this vehicle. But DriveTime went about this illegally!! And I can only hope that I have some type of case against DriveTime that would dismiss my debt for their unlawful acts!!
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