gator944 Posted January 23, 2008 Report Share Posted January 23, 2008 First of all let me tell all of you that no one needs a car bad enough to finance through Westlake. My dilema is that in June of '06 my payment fell behind 35 days, and on day 36 my truck was repo'd. That day I called them frantically to find out what I could do to get it back. No one at Westlake could give me any information about where it was, what the fees were, or anything else except that they did in fact have it picked up. They did tell me that a payment made to the account would secure the vehicle from going to auction. The next day, instead of making the payment, I put together the funds to pay it off and did so. I got my truck back on the third day.Westlake was reporting on my CR a $25.00 balance charged off. I disputed the account and they verified it with a new balance now showing $0.00. It now shows as "charge-off, paid with $0 balance". Any advice how or if I can get this to reflect a better report. I mean, this loan was actually paid off early.I decided to do whatever I could to get out from under these clowns since they were calling every reference on my application the day after my due date. This reminds me....anything I can do retroactive to go after them for many violations of my rights while I had the loan? All of this happened while I was in North Carolina. I now live in Florida and they are in California. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted January 23, 2008 Report Share Posted January 23, 2008 If you have to sue them, either under the FDCPA or more likely the FCRA, you can do it in fed court in Fla Link to comment Share on other sites More sharing options...
gator944 Posted January 23, 2008 Author Report Share Posted January 23, 2008 I don't think they do business in Florida. Can I sue them here in my state anyway? I was in North Carolina throughout the term of the loan and when all of their violations occurred. Link to comment Share on other sites More sharing options...
GrumpyFish Posted January 23, 2008 Report Share Posted January 23, 2008 you could try this .... if they violated Federal laws while you were living in NC (US Dist 4) and you now live in FL (US Dist 11) ..."Jurisdiction of this Court arises under 15 U.S.C. § 1681p, 28 U.S.C. §§ 1331 and 1337 and 15 U.S.C. § 1692k. Venue lies properly in this district pursuant to 28 U.S.C. § 1391(."PS: I'm not a lawyer, nor do I play one on TV ... Link to comment Share on other sites More sharing options...
gator944 Posted January 25, 2008 Author Report Share Posted January 25, 2008 I'll check those out.Thanks for that info Grumpy. They will certainly argue the venue if I decide to move forward with this. Link to comment Share on other sites More sharing options...
gator944 Posted January 25, 2008 Author Report Share Posted January 25, 2008 Recovery Attorney:You always have awesome advice on here. I am so adding you to my buddy list! Many thanks for your help. Link to comment Share on other sites More sharing options...
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