| 09/27/2017 |
No |
- Debt collection
- Auto debt
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- False statements or representation
- Attempted to collect wrong amount
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Web |
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I would like to start off with saying that I appreciate any help that you can give into this matter. I 'm also letting you know that I 'm not going to pretend like I do n't know where the account that I am filing this complaint for came from. What I am filing this complaint about is because I am being extorted for far more money than I should legally owe and I 've done everything in my power to attempt to correct the situation and am being met with hostility and brick walls in my attempts to resolve the situation with the creditor.
I will fill you in on the details and am hoping that you see the plight that I 'm in and the audacity of First Credit Finance to continue to do something which I know is not legal since I 've had to research it on my own extensively.
Back in XX/XX/XXXX I obtained financing by First Credit Finance for a XXXX XXXX XXXX XXXX. The amount financed was {$8800.00}. I made payments on that vehicle forseveral months before tragedy struck in my life and I was unable to afford making payments any longer. Within a few months the vehicle was repossessed. I already knew that simply turning in the vehicle was n't going to completely satisfy the debt but I was assuming that they would at least get something reasonable for the vehicle and I would only be left owing a few thousand dollars. What I was n't expecting was never to hear from the finance company after they took their vehicle back. Since I never heard back from the finance company I figured they must have recovered their money. I left it as that.
It took a few years to finally get myself in a financially stable situation where I can now start applying for credit again. I recently went to a lender to attempt to apply for a loan and they told me that my credit was fair but that I had a repossessed vehicle with a balance of over {$11000.00}. I 'm not kidding when I say that I almost choked on my drink when I heard that. I asked the lender to double check and make sure. She did so and told me that First Credit Finance had me with a balance for over {$11000.00}. I decided to give them a call and figure out what 's going on.
I called First Credit Finance and started speaking with a collector named XXXX. I began asking basic questions about the account such as how the balance is {$11000.00} when the amount financed was in the {$8000.00} range. The supervisor informed me that my current principle balance was {$6500.00} and {$4800.00} was interest. Somewhere along the conversation he said they sold the vehicle for {$3000.00}. He also mentioned that the original amount financed was {$8800.00}. He also said that I made 6 monthly payments. After hearing all those numbers the math did n't add up. I asked him to clarify as if I made 6 monthly payments and the vehicle was sold for {$3000.00}, how was the principal {$6500.00} and not lower. This is where he started getting rude. He told me that the payments get applied according to the terms of the contract. If there is interested accumulated, then payments get applied to the interest. I asked him to break down how my payments were being applied to my loan and he refused to answer my question. He gave me general answers of how loans work in general. I again asked him to provide me with specifics and he told me that in my case I paid one year of interest before the vehicle was sold! ONE YEAR FROM WHEN IT WAS REPOSSESSED BEFORE IT WAS SOLD IN AUCTION!
I was clearly upset and so I questioned him some more. I asked him if he was telling me that his company held on to the vehicle for one year before selling it. He started raising his voice some more and kept cutting me off to speak over me. He told me that they did n't hold on to the vehicle but that they ca n't force anybody to buy the vehicle ... The vehicle was turned in to auction and it took one year before someone bought the vehicle. I know that I was n't at the auctions but that is extremely far fetched. I find it difficult to believe that there would n't be any offers on a vehicle at an auction for that long. Selling it for pennies on the dollar is believable but not being sold for 12 months at an auction is not. I then started asking him when the repossession date was and he told me in an attitude and disrespectful tone that I should know when the repossessed date was. I told him this was 5 years ago and did n't remember hence why I was asking and he told me that I should look up my records for that information. He then cut me off and said " do me a favor are you going to pay this account? '' I asked to speak to a supervisor and he said he was a supervisor. I asked for his last name and he said I already told you my name that 's all you need. He then said again " do me a favor, if your not going to pay this account or have a dispute with this credit reporting then submit a dispute and we will comply with whatever we get requested. '' Then I began to ask for his supervisor again and again in an altered voice and interrupting me and being rude and obnoxious said " sir you are no longer a customer but a debtor. Unless you are going to pay this account then I would be happy to speak with you. If not please follow the appropriate channels. '' I told him this is the appropriate channels and he kept interrupting me. I started trying to make a statement about how if I was asking for the repossession date but they refused to answer me then how could I know if their records were even legitimate but unfortunately he hung up on me.
My irritation was at a boiling point but I decided to XXXX it up and call back as I needed to speak to a supervisor. I was very upset at how I was being treated as trash and less than a human being. Just because a debt is owed does not mean that I do not have the right to ensure that the amount they are attempting to collect is legitimate. I also deserve to have my questions answered if they pertain to the debt in question. When I called back a customer service representative answered. I explained what had just happened and that I wanted to speak to someone above XXXX. The representative kept trying to transfer me to him but I made it very clear that I needed to speak to someone who could answer my questions regarding my loan. He said they were n't available. I kept asking for who the names of these other people so I could call back at another time when they were available but he refused to name them. Eventually he put me on hold and someone answers and said " How could I help you XXXX '' I asked who it was and he said " you already know who this is '' " I told him you could help me by answering my questions '' He then states that he would answer my questions if I would answer his first. I decided to play along and he asks me " what 's your address and your place of employment? '' When I refused to give him my place of employment he stated that he has nothing to talk to me about. Until I gave him my proper address and place of employment so they can " serve '' me with proper documentation then nobody will help me with this. He then hung up again. I called back a third time and now all I get are voicemails.
I am beyond outraged at this. After I calmed down and decided to research help with dealing with this type of situation I was not surprised when I learned that this company broke so many laws in this matter that if I really felt like it I could hire an attorney to sue for their willful negligence of the law. For starters, when they repossessed the vehicle, under California Law they are supposed to send me a notice informing me that I have a right to reclaim the vehicle and that I have a right to request what they sold the vehicle for. They never did so. Next, In order to attempt to collect a deficiency balance on a repossessed vehicle, when selling the vehicle, they are supposed to do so in a " commercially reasonable '' manner. Selling a vehicle in an auction 1 year after it 's been repossessed thereby allowing the original loan to accumulate 1 year of interest is in no way, shape, or form " commercially reasonable. '' That already makes this debt highly questionable and illegal. It does n't end there however. California also has the Rosenthal Fair Debt Collections Practices Act. That law extends to original creditors if they are attempting to collect a debt. By informing me that nobody would talk to me unless I provided their company with my address or place of employment so they can " serve '' me with the appropriate documentation, XXXX willingly and knowingly broke the law. In California, the statute of limitations for suing someone is 4 years from the last payment made. If I only made 6 monthly payments starting in XX/XX/XXXX, then the final payment I made was in XX/XX/XXXX. 4 years from that is XX/XX/XXXX. Threatening to " serve me '' for the purposes of suing me is in violation of both the Federal and the Rosenthal Fair Debt collection practices act. Also, when asking for validation of the debt, refusing to provide me with it because they do n't have it or simply do n't want to is also a violation of the Fair Debt Collection Practices Act. Insulting me and talking to me in a demeaning manner is also a violation of the F.D.C.P.A.
I am very close to taking legal action against this company. I am hoping you look into this matter and do something about it.
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| 06/21/2019 |
Yes |
- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
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- Incorrect information on your report
- Account status incorrect
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Web |
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Hello, This complaint is in hopes that you can assist me with an issue I've been dealing with for years. I am actually upset at myself for letting it drag on this long. Many years ago I received a loan for a car through First Credit Finance. Due to unfortunate financial circumstances, I was forced to abandon my vehicle after about a year and a half and allowed First Credit Finance repossess it. I am not upset about that. First Credit Finance paid out money and deserved to get paid back. Since I couldn't pay them, they had every right to repossess he vehicle, sell it, and then come after me for whatever was left pending. Unfortunately, that is not the issue here nor why I am so upset and am asking for your assistance.
I am asking for your assistance because although what First Credit Finance did was well within their rights, what they've done to my credit report is not.Back on XX/XX/XXXX, I began inquiring into possibly purchasing a home. I went to a Mortgage lender and the lender showed me a credit report that described as me being 60 days late on my vehicle one time and 90+ days late on my vehicle loan 20 times. It goes without saying that this was impossible. I only had my vehicle for about 1 1/2 years before it was repossessed so there was no way i could be late 21 times if I only had the vehicle for a maximum of 18 months. Truth be told, I don't even think I had it that long. Furthermore, the loan on the vehicle was only for {$14000.00} and even after paying for a year and having them sell the vehicle to recover some of their money, the report said I owed them {$21000.00}! After disputing the account several times with the credit bureaus, the account kept coming back as verified and accurate. I actually gave up on it for a while because I didn't know what to do or how to fix this. Then on XX/XX/XXXX, I went to another mortgage lender and sure enough, the report still showed First Credit Finance was reporting the account exactly as before. There was no other choice, I hired a company to assist me in figuring out how I can have this fixed.
The company I hired informed me that in order for a company to collect on a deficiency balance in California for motor vehicles, a company was supposed to give me a disposition of vehicle document detailing what they sold the car for, what their fees were, and what remaining balance left was. Because I don't remember ever receiving one, I submitted a request in writing for this document on XX/XX/XXXX. No response was ever given and no document was ever provided to me. Since nothing was ever provided to me, my consultant advised me to contact First Credit Finance by phone and ask for this document or any document explaining how they are calculating their charges and why they are reporting multiple late payments post repossession date. On XX/XX/XXXX, my representative and I called First Credit Finance directly.
On XX/XX/XXXX we reached an " assistant portfolio servicing manager '' named XXXX. When asking XXXX about any documentation regarding this account, XXXX said there was a judgment file on XX/XX/XXXX. We asked for a case number but XXXX could not provide one. XXXX claimed that counsel was handling this account. We asked for counsel 's number but XXXX refused to provide us with one. He said he would forward our number to counsel to call us back. I'm no fool and knew that would never happen and to this day I have been proven correct. I have not received a call from anybody regarding this account. Regardless, my representative knew no call would be received either so he began asking questions. If there was a judgment filed on XX/XX/XXXX, why was there 150+ day late payments reported all the way until XX/XX/XXXX? That should be impossible if a judgment was obtained on XX/XX/XXXX. XXXX then tried to refer us to counsel again without allowing us to actually speak to him or be transferred to him or receive any information about said counsel. My representative pressed on and informed XXXX that counsel had no say in how First Credit Finance did their credit reporting. He asked to speak to a supervisor above XXXX 's station. XXXX refused to send us anywhere. My representative then informed XXXX that because no disposition of vehicle was provided after written request, no case number was provided, no explanation as to why late payments were being reported for months or possibly even a year AFTER the vehicle was sold, and no cooperation plus and outright refusal for us to speak to someone with authority over this, I would be filing this very complaint. XXXX just said counsel would speak with us and hung up. We have never spoken to anyone else about this since that day.
I am now filing this complaint because I know those late payments are not allowed on my credit report according to the FDIC rules on how accounts are supposed to be reported.
Under FDIC Law, Regulations, Related Acts 5000 - Statements of Policy UNIFORM RETAIL CREDIT CLASSIFICATION AND ACCOUNT MANAGEMENT POLICY Closed-end retail loans that become past due 120 cumulative days and open-end retail loans that become past due 180 cumulative days from the contractual due date should be classified Loss and charged off.2 In lieu of charging off the entire loan balance, loans with non-real estate collateral may be written down to the value of the collateral, less cost to sell, if repossession of collateral is assured and in process.
In other words, This account should have been reported as a charge off after 4 consecutive months of no payment and the account should have reflected what I owed after sale. This account obviously does not and has late payments reported well after they purportedly obtained judgment against me. I say purportedly because I have no case number to even look this up and know if it is or not. Please help me in getting this company to remove this account from the credit report as they have been reporting it illegally for years now and its too late to simply correct their reporting. Furthermore, they have been illegally verifying an account that can not be verified as it is not accurate.
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| 05/14/2021 |
Yes |
- Vehicle loan or lease
- Loan
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- Managing the loan or lease
- Problem with fees charged
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Web |
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I had a car loan for a XXXX XXXX XXXX with First Credit Finance that was repossessed in XX/XX/XXXX. This car was sold on or before XX/XX/XXXX. I was never provided any information as to the sale of this vehicle or any deficiency balance or credit as it is stated in California law Civil Code section XXXX reads : " Any provision in any conditional sale contract for the sale of a motor vehicle to the contrary notwithstanding, at least 10 days ' written notice of intent to sell a repossessed motor vehicle must be given to all persons liable on the contract. The notice shall be personally served or shall be sent by certified mail, return receipt requested, directed to the address of the persons shown on the contract, unless such persons have notified the holder in writing of a different address. The notice shall set forth that there is a right to redeem the motor vehicle and the total amount required as of the date of the notice to redeem ; may inform such persons of their privilege of reinstatement of the contract, if the holder extends such privilege ; shall give notice of the holder 's intent to resell the motor vehicle at the expiration of 10 days from the date of giving or mailing the notice, or if given by mail and either the place of deposit in the mail or the place of address is outside of this state, the period of notice shall be 20 days instead of 10 days ; shall disclose the place at which the motor vehicle will be returned to the buyer upon redemption or reinstatement ; and shall designate the name and address of the person to whom payment shall be made. During the period provided under said notice, the person or persons liable on the contract may pay in full the indebtedness evidenced by the contract. Such persons shall be liable for any deficiency after sale of the repossessed motor vehicle only if the notice prescribed by this section is given within 60 days of repossession and includes the following ....
I reached out to XXXX XXXX on the following dates via phone, email, letter, certified letter and XXXX : XXXX phone & XXXX email, XXXX XXXX email, XXXX ( XXXX XXXX, XXXX XXXX sent certified leter ), XX/XX/XXXX ( XXXX automatic resend ), XX/XX/XXXX ( XXXX automatic resend ), and again today XX/XX/XXXX.
They have yet to provide any documentation in writing that substantiates this balance on my credit report of {$5900.00} or {$9500.00} ( experian ). The first three email requests were sent prior to me learning about the California law Civil Code section 2983.2 ; which they never gave me an answer to and has called me twice when both the certified letter ( which they signed ) and my text messages stated I wanted all information in writing.
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| 10/14/2021 |
Yes |
- Vehicle loan or lease
- Loan
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- Managing the loan or lease
- Problem with fees charged
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Web |
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Since XX/XX/XXXX I have been trying to get my Full Account History, Including Interest and Late Fees. According to my records, my vehicle should be paid off.
XX/XX/XXXX - Faxed request to First Credit Finance for Full Account History Including Interest and Late Fees XXXX - Faxed second request to First Credit Finance for Full Account History Including Interest and Late Fees XX/XX/XXXX - Received Payment History ( Not Full Account History as requested ) XX/XX/XXXX - Emailed Customer Care that I had Received Payment History ( Not Full Account History as requested ).
XX/XX/XXXX - Response from First Credit Finance that Payment History was sent on XXXX.
XX/XX/XXXX - Emailed Customer Care again that I had Received Payment History ( Not Full Account History as requested ).
XX/XX/XXXX - Spoke to XXXX at XXXX ext. XXXX. After leaving me on hold for over 20 minutes XXXX comes back to the phone and says the office is now closed and she will call me back tomorrow, which she never does.
XXXX - Attempted to call XXXX, I was told that she was unavailable and my call was sent to XXXX XXXX.. XXXX said He will send my Full Account History including interest and late fees out in the mail today.
XX/XX/XXXX - Emailed XXXX XXXX that I had not received my Full Account History, which he says he mailed on XX/XX/XXXX.
XX/XX/XXXX - I received a call from First Credit Finance regarding a late payment. I informed the representative that according to my records, my vehicle should be paid off and that I have made several attempts to get my Full Account History since XXXX and I have not received it. The representative said she would get a message to that department to return my call, as of XX/XX/XXXX no one has called me back.
XXXX - Second Email to XXXX XXXX, that I had not received my Full Account History, which he says he mailed on XX/XX/XXXX.
XX/XX/XXXX - Called XXXX XXXX He now says, That he submitted a request to have my Full Account History mailed out, he is not sure why that has not been sent out. At XXXX XXXX, when he tried to get a supervisor on the phone, they were at lunch.
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| 05/18/2017 |
Yes |
- Vehicle loan or lease
- Loan
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- Problems at the end of the loan or lease
- Unable to receive car title or other problem after the loan is paid off
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Web |
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First credit Finance This company has a bad customer service, the department that handle registration and titles As customer you expect a friendly answer for the other side of your line , We call XX/XX/2017 t his person who answer our call was rude, she was not helpful she was so unprofessional and she hung up the call at the end, I request to talk to the manager she help us but she mention well for what I know ur brother was using a bad vocabulary to our employee, I correct her and I told her our call was record and I can prove that my brother never use any bad language, She said I do n't give you the permission to record our call I said its ok we just want to bring this up for you to know how you people is working But as well as the other rep, sounds like she do n't care about it and my brother is not the only on e that complaint about this company they are so rude Hope you can call as customer and see how they answer or help you
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| 02/14/2017 |
No |
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- Communication tactics
- Frequent or repeated calls
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Web |
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This company contacts everyone on my referral list if I am late paying and tells people on this list that they are looking for my car. They have been rude and harassing calling multiple times and using threatening language like " contact us or else. '' When I called and asked to speak to management once, the person told me that I did n't have the right to speak to a manager because I have n't made my payment. When I asked them to stop calling my XXXX mother in law with XXXX who lives in NY, they told me that they will continue to call her because it makes me call them. It 's a tactic that they use. I have recordings of their threatening tactics and frequent harassment. Even after I paid {$100.00} and signed a contract extension for the month of XXXX., they still called my mother in law everyone else on my referral list asking for the location of my vehicle.
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| 07/16/2023 |
Yes |
- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
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- Problem with a credit reporting company's investigation into an existing problem
- Their investigation did not fix an error on your report
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Web |
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My account is being reported as repossession for months XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX.
I have made payments every single month including the mentioned dates. There is also holes in their reporting. One month will show repossession, another month will show no information, and other months will show as paid. I have opened multiple disputes with XXXX and have contacted my Finance Company directly over the past 3 months and Im still having the same issues. I have been told multiple times that higher ups in the company will look into it, and when the dispute is updated the information still being reporting incorrectly.
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| 01/03/2024 |
Yes |
- Vehicle loan or lease
- Loan
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- Improper use of your report
- Reporting company used your report improperly
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Web |
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| 12/08/2023 |
Yes |
- Credit card
- General-purpose credit card or charge card
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- Getting a credit card
- Card opened without my consent or knowledge
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Web |
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| 05/18/2023 |
Yes |
- Debt collection
- I do not know
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- Attempts to collect debt not owed
- Debt was result of identity theft
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Web |
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| 03/27/2018 |
Yes |
- Vehicle loan or lease
- Loan
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- Struggling to pay your loan
- Lender trying to repossess or disable the vehicle
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Phone |
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