Due to unforseen circumstances I have been mostly out of work for a long while (long story). Prior to that I earned salary in the range of $75-100k++, and was current on all my accounts. When I was nearing the point of missing payments (credit and vehicle financing), I notified all parties involved, explaining situation and my efforts to get back on track.
Here's the basics:
- I had 50% equity in my home; 50% payment complete on vehicle [VF - is for vehcile financing company and colections]
- inexperienced mortgage lender botched a no-doc refi, and dodged my phone calls, letting enough time to pass that I fell behind on one credit card. I attempted refi thru alternate lender, but the credit company jumped the gun and sent a 30-day late notice and closed acct to the credit bureau. This one negative report was enough to cause the 2nd refi to fall through. By now I have no income, no means of securing a loan, and am falling behind on every payment.
- all the while I had been interviewing for jobs.
- [VF] calls and states that I can pay via credit card through Western Union. I tried, but WU only accepts cash advance and not credit. I call [VF] back and explain as much. [VF] says to get together as much money as possible and call back. I come up with $130, and also received a verbal job offer, with notice that a written offer would be forthcoming within a week.
- I notify [VF] collections of the job offer ($75k++/yr), and also contact mortgage lenders to work on a refi. I had (3) lenders guaranteeing a refi pending my acceptance and 1st paycheck from the job. I requested a one month extension from [VF], so that I could accept the job and secure a loan. On numerous occasions I offered means to prove that I had enough equity in the home to secure a loan that would completely cover payment of the vehicle.
- one of the lenders called [VF] on my behalf, and the collections agent told her he would not extend payment regardless of job offer and guarantee of loan. He also told her the date of my last payment, and that I now owed more in order to bring the account current. (granted the lender did call, but is it legal for hime to divulge information?
- the job is over 2hrs drive, and required vehicle (I would have had to locate secondary housing closer to the company in order to perform job). Without an extension from GMAC I could not accept job offer. I had only one credit card open, and not enough room on it to rent a temp home and rent a vehicle. So, NO Vehicle = NO Job = NO Loan = Loss of Home = Increasing Damage to Credit.
- [VF] refused an extension. [VF] calls 7pm the evening prior to the deadline and asked if "(I had) any luck?". I reiterated to him that his unwillingness to grant me one month extension has cost me a job and subsequently my home. It has been a long time that i have been working to secure employment and for no reason he was destroying my opportunity to regain financial control. I had means to pay the vehcile in full within one month. He said "there's nothing I can do." I said "there is, but you refuse to do it. You refuse to work with me." He said "well, that's it. There's no more time. The vehcile will be picked up." (I also asked at an earlier date where I needed to bring the vehicle to, and he said nowhere, we pick it up).
- [VF] did not pick the vehcile up as stated. I had not been using the vehicle. Approx. 10 days later the vehcile is still here, and i get another call from [VF]. My friend answered the phone, and said I was not home. [VF] proceeded to tell my friend (who at this time had no knowledge of my finacial trouble) that they are trying to work with me and extend payment on my vehicle. He told her that I needed to fax a copy of the employment letter over to him. (was this legal for [VF] collections to give info to my friends, when she stated I was not home?
- I had a bad feeling that [VF] was playing games with me, and typed a cover letter to the fax stating as much. I had to fax the info to [VF] collections long distance from a local copy center.
- [VF], for the 1st time, provides me an 800 number (all previous calls were long distance). Then he calls and says that he called the company that offered me a job and they said I declined it (HE ALREADY KNEW THIS!). Who knows what else [VF] said to the company? [VF] said that he was going to offer me a 3 month extension, at no cost to me, but it was pending acceptance of the job (this is 10 days after I declined because of their refusal to grant me a one month extension).
- I was beyond upset, and demanded that he send me an extension in writing. And any corrospondence was to be documented (I requested documentation many times prior as well - to no avail)
- [VF] repo'd the vehicle approx. one month after the last phone call.
- After the last phone call, when my vehicle remained in the lot, I thought [VF] had granted me the 3 month extension, and loaded items into it. I now have no idea where those items are, or if I will get them back.
1. Do I have any rights?
2. Was [VF] wrong in divulging info to the Lender and my friend?
3. Did [VF] calling me 10 days after knowing I rejected job offer due to their refusal to grant me an extension, and pretending otherwise constitute harassment.
4. Did [VF] stating a repo to take place on a specific date, and then not actually doing so until a month later constitute a threat?
5. Did [VF] telling me I wasn't to bring the vehicle in, that they will pick it up violate my rights?
6. While it may have been within their right to refuse extension, even though it cost me a job, was their action afterward (costing me out of pocket expense for the fax when I have but pennies to get by on until my home sells; contacting the compeny knowing I had rejected the offer; playing needless games and causing extreme distress amidst an already bad time) harassment?
7. What can I do to get my velhicle back? I have nothing until my home sells, but will have enough to pay in full then.
There's more, but this is the gist and long enough. Thanks in advance for your input. Sorry for the length.
-JBr
Here's the basics:
- I had 50% equity in my home; 50% payment complete on vehicle [VF - is for vehcile financing company and colections]
- inexperienced mortgage lender botched a no-doc refi, and dodged my phone calls, letting enough time to pass that I fell behind on one credit card. I attempted refi thru alternate lender, but the credit company jumped the gun and sent a 30-day late notice and closed acct to the credit bureau. This one negative report was enough to cause the 2nd refi to fall through. By now I have no income, no means of securing a loan, and am falling behind on every payment.
- all the while I had been interviewing for jobs.
- [VF] calls and states that I can pay via credit card through Western Union. I tried, but WU only accepts cash advance and not credit. I call [VF] back and explain as much. [VF] says to get together as much money as possible and call back. I come up with $130, and also received a verbal job offer, with notice that a written offer would be forthcoming within a week.
- I notify [VF] collections of the job offer ($75k++/yr), and also contact mortgage lenders to work on a refi. I had (3) lenders guaranteeing a refi pending my acceptance and 1st paycheck from the job. I requested a one month extension from [VF], so that I could accept the job and secure a loan. On numerous occasions I offered means to prove that I had enough equity in the home to secure a loan that would completely cover payment of the vehicle.
- one of the lenders called [VF] on my behalf, and the collections agent told her he would not extend payment regardless of job offer and guarantee of loan. He also told her the date of my last payment, and that I now owed more in order to bring the account current. (granted the lender did call, but is it legal for hime to divulge information?
- the job is over 2hrs drive, and required vehicle (I would have had to locate secondary housing closer to the company in order to perform job). Without an extension from GMAC I could not accept job offer. I had only one credit card open, and not enough room on it to rent a temp home and rent a vehicle. So, NO Vehicle = NO Job = NO Loan = Loss of Home = Increasing Damage to Credit.
- [VF] refused an extension. [VF] calls 7pm the evening prior to the deadline and asked if "(I had) any luck?". I reiterated to him that his unwillingness to grant me one month extension has cost me a job and subsequently my home. It has been a long time that i have been working to secure employment and for no reason he was destroying my opportunity to regain financial control. I had means to pay the vehcile in full within one month. He said "there's nothing I can do." I said "there is, but you refuse to do it. You refuse to work with me." He said "well, that's it. There's no more time. The vehcile will be picked up." (I also asked at an earlier date where I needed to bring the vehicle to, and he said nowhere, we pick it up).
- [VF] did not pick the vehcile up as stated. I had not been using the vehicle. Approx. 10 days later the vehcile is still here, and i get another call from [VF]. My friend answered the phone, and said I was not home. [VF] proceeded to tell my friend (who at this time had no knowledge of my finacial trouble) that they are trying to work with me and extend payment on my vehicle. He told her that I needed to fax a copy of the employment letter over to him. (was this legal for [VF] collections to give info to my friends, when she stated I was not home?
- I had a bad feeling that [VF] was playing games with me, and typed a cover letter to the fax stating as much. I had to fax the info to [VF] collections long distance from a local copy center.
- [VF], for the 1st time, provides me an 800 number (all previous calls were long distance). Then he calls and says that he called the company that offered me a job and they said I declined it (HE ALREADY KNEW THIS!). Who knows what else [VF] said to the company? [VF] said that he was going to offer me a 3 month extension, at no cost to me, but it was pending acceptance of the job (this is 10 days after I declined because of their refusal to grant me a one month extension).
- I was beyond upset, and demanded that he send me an extension in writing. And any corrospondence was to be documented (I requested documentation many times prior as well - to no avail)
- [VF] repo'd the vehicle approx. one month after the last phone call.
- After the last phone call, when my vehicle remained in the lot, I thought [VF] had granted me the 3 month extension, and loaded items into it. I now have no idea where those items are, or if I will get them back.
1. Do I have any rights?
2. Was [VF] wrong in divulging info to the Lender and my friend?
3. Did [VF] calling me 10 days after knowing I rejected job offer due to their refusal to grant me an extension, and pretending otherwise constitute harassment.
4. Did [VF] stating a repo to take place on a specific date, and then not actually doing so until a month later constitute a threat?
5. Did [VF] telling me I wasn't to bring the vehicle in, that they will pick it up violate my rights?
6. While it may have been within their right to refuse extension, even though it cost me a job, was their action afterward (costing me out of pocket expense for the fax when I have but pennies to get by on until my home sells; contacting the compeny knowing I had rejected the offer; playing needless games and causing extreme distress amidst an already bad time) harassment?
7. What can I do to get my velhicle back? I have nothing until my home sells, but will have enough to pay in full then.
There's more, but this is the gist and long enough. Thanks in advance for your input. Sorry for the length.
-JBr
