harrassment / repossession of vehicle

[s_woods719]

What is the name of your state? Ohio

The bank that my car is finance through (CNAC / JDByrider) has thresatened to repossess my car for payments as little as one day late. They contact and harrass me and my references on a daily basis at least 3-4 times a day. My payment is always 1 week late because I do not get paid until 1 week after the payment is due and they refuse to change the due date. They have contacted my family members and my neighbors (who I do not know) and disclosed personal information to them. I need to know my rights as far as the third party disclosures that have taken place, the harrasment, and the legalities involved in repossessing a car.

 

[Grace_Adler]

If they are contacting you that many times a day, that is illegal. It is considered harrassment. It is also illegal for them to contact 3rd parties and give out info on you.

You are protected under certain acts from the Federal Trade Commission from this kind of action.

Contact them and your state Attorney General.

Get on a search engine like google and put in vehicle repossession and it will pull up a lot of helpful info.

 

[nov99]

What they are doing is in direct violation of the Fair Debt and Collections Practices Act "FDCPA". Next time you speak with them tell them they are in violation. If they continue to call you may have some recourse against them. They should definitely be reported. However, I am not familiar on what neeeds to done to report them.

 

[Ladynred]

Sorry, but BOTH of you are wrong on this one. As the original creditor and NOT a 3rd party debt collector, they are NOT bound by the FDCPA ! Unfortunately that means they can get away with murder as far as who they talk to and what they say.

While I agree that is an affront to your privacy for them to be telling your business to total strangers and other people, you may not be able to stop them from doing it

Have you tried asking them to change the payment date in WRITING ? Explain that you would not have to be late if they would just change the payment date by a week.

As far as repo, they CAN take it as soon as you miss 1 payment, but its unlikely. They do NOT want the car back, they want the money. Read your agreement, the terms are spelled out there.

 

[Grace_Adler]

Here are some websites I found. Hope they are useful.

http://www.nwjustice.org/docs/200.html#200e

http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

http://www.ftc.gov/bcp/conline/pubs/credit/fdc.htm

http://www.consumeraffairs.com/debt/debt_collection.htm

http://www.lectlaw.com/tcos.html

http://www.lectlaw.com/files/cos18.htm

http://www.budhibbs.com/budhibbs/cease_communication.asp