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newbi with a big problem


Maverick00
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First off I have to say ive been looking and reading info on here and found it very helpful but I do have a question.

I bought a car about 3 years ago and about 1 1/2 ago the engine blew and while it was sitting at a repair shop it was vandalized. I owe about 5,000 on a car thats only worth 2,500 and thats in running condition. My problem is with Triad Financial. I have been paying on this non running POS for the past 1 1/2 and every now and then fall 2-3 months behind. Well they have crossed the line, calling all hours of the day and night leaving messages every time and now they have started contacting my friends and family "I have no idea how they got some of these numbers" Im almost to the point where I dont care if they come get the car but here in Nebraska they could sell the car and come after me for the balance anyway's. I would really like some HELP on how and what I should do with this? Should I give the car back and take my lumps? or are they in some sort of violation for there practices? Any info would be very helpful before I go crazy.

Thanks

Amy

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I would consider seeking legal counsel. You left the car in the care of the repair, and they (of course) try to wash their hands of ANY liability while in possession of your property?

There surely has to be something that states they have to make some reasonable attempt to secure property on their premesis.

It's like the valet tickets you get that says they aren't responsible for items left in the vehicle. That's all good and well until the valet is hauled away for theft...

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We did end up having a insurance company go out and give us a estimate on the damage. Im all honesty I was hoping the insurance company would of total the car but they didnt 500.00 shy of being totaled. :( Anyways the repair stations insurance company cut us a check for the damages. Now I still have a car with a blown engine and every window busted out and dings that looked like from a hammer all over the car. Im still paying on this POS and im kinda stuck? I would like some info on how I should handle this? My credit is above average "thats the only reason i keep paying on it".

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Wife just found out today that they called one of her relatives and told her they were trying to get in contact with us because we are "three months behind on payments" - that's what they said to her! Can they legally do this? I thought the only thing they could contact a third party for was for location information. Is this a violation of privacy??

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Yes, they are obviously dirt-bags...

They cannot divulge personal finanacial information to anyone other than the debtor or an authorized person.

In my limited experience, you will have a hard time pressing them on this issue. However, coupled with the other violations their culpability is beginning to add up.

I know there are other more experienced members here who will give you better more specific advice on this.

Good luck and keep at it - you will win.

Best wishes...

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We did end up having a insurance company go out and give us a estimate on the damage. Im all honesty I was hoping the insurance company would of total the car but they didnt 500.00 shy of being totaled. :( Anyways the repair stations insurance company cut us a check for the damages. Now I still have a car with a blown engine and every window busted out and dings that looked like from a hammer all over the car. Im still paying on this POS and im kinda stuck? I would like some info on how I should handle this? My credit is above average "thats the only reason i keep paying on it".

Imagine that... they fall just short so the vehicle doesn't have to be re-titled as 'salvage'. :roll:

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You arent being stupid.

I dobt having an independent appraiser is going to work because you already too the check and the money .. so that is more than likely out.

Now they have violated Federal Privacy laws by telling anyone other than you or your wife that you were behind on payments. I believe it is the Graham Leech Bailey act or something similar to that.

You might want to call your state Atty general or banking division or even call the Federal Banking Division.

When a national bank screwed my parents over on a car.. they were VERY interested in the privacy violations and a few other things.

Start raising a stink to high heaven.. write them a letter stating that any phone calls must be between the hours odf 7-8 pm and no more calls are to be made to anyone other than you or your wife. IF you learn of any calls to a third party you will consider this harrassment and have them file affadavits of the calls and you will sue them in court for harrassment, defamation of character and whatever else you can think of.

I would also contact a lawyer about this one if I were you.

Lots of luck to you

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