• Report: #190315

Complaint Review: Chrysler Financial

  • Submitted: Sat, May 06, 2006
  • Updated: Wed, October 25, 2006

  • Reported By:Eula Texas
Chrysler Financial
chryslerfinancial.com Milwaukee, Wisconsin U.S.A.
  • Phone:
  • Web:
  • Category: Liars

Chrysler Financial Bought pickup with cosigner/ he filed chapter 7/ I'm punished. Milwaukee Wisconsin

*Consumer Suggestion: Automatic stay of bankruptcy

*Consumer Suggestion: Automatic stay of bankruptcy

*Consumer Suggestion: Automatic stay of bankruptcy

*Consumer Suggestion: Automatic stay of bankruptcy

*Author of original report: Chrysler response

*Consumer Suggestion: Has the bankruptcy been discharged yet?

*Consumer Comment: Steve,

*Consumer Comment: Barbara....

*Consumer Comment: Response to chrysler financial

*Consumer Suggestion: Some help for Dolly..

*Consumer Comment: Have the parties attorney send a letter

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I bought a pickup with a co signer in 2004. The Party recently filed chapter 7, I'm being punished by not allowing me to go online to pay, as I always did. Never late, always paid. His attorney sent a letter to Chrysler Financial assuring them I was not encluded in the Chap. 7, yet they will not allow me on line. They are holding me responsible for what he has done. I'm sure they would like me to default, but I won't. I send the payment along with a letter each time asking to be re-instated and allow me access online. They have not sent me a notice of payment due, since he began the chap 7. I have to be sure I do the remembering. And get my payment there on time.
These people are trying to ruin my credit, I'm sure. They don't seem to have an ounce of understanding.

Do not ever do business, with them if you can do it with anyone else.

Dolly
Eula, Texas
U.S.A.

This report was posted on Ripoff Report on 05/06/2006 08:36 PM and is a permanent record located here: http://www.ripoffreport.com/r/Chrysler-Financial/Milwaukee-Wisconsin-53201/Chrysler-Financial-Bought-pickup-with-cosigner-he-filed-chapter-7-Im-punished-Milwauke-190315. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
0Author 11Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Suggestion

Automatic stay of bankruptcy

AUTHOR: Eric - (U.S.A.)

NB: I am not a lawyer. The following is for informational purposes only and does not constitute legal advice. Get a lawyer if you need legal advice.

What has been said about bankruptcy preventing contact with Dolly is not correct. The automatic stay of bankruptcy only protects the person filing for bankruptcy when it's a Chapter 7. Only under Chapters 12 and 13 are co-signers ("codebtors" in the Bankruptcy Code) protected.

So really, Chrysler may contact Dolly without violating the automatic stay. They probably don't have their software implemented to allow them to withhold contact from certain people and provide it to others, so that's probably why they're not contacting her.

If his name was taken off the contract as a co-signer, he shouldn't have included the loan in his bankruptcy. If it's still on there, but just not on the title, Dolly has full ownership interest. If co-signer bankruptcy is not a reason for default under the contract (or if it is and it's not enforceable under state law), Dolly has no reason to worry. The co-signer's attorney could tell Dolly about this.
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#2 Consumer Suggestion

Automatic stay of bankruptcy

AUTHOR: Eric - (U.S.A.)

NB: I am not a lawyer. The following is for informational purposes only and does not constitute legal advice. Get a lawyer if you need legal advice.

What has been said about bankruptcy preventing contact with Dolly is not correct. The automatic stay of bankruptcy only protects the person filing for bankruptcy when it's a Chapter 7. Only under Chapters 12 and 13 are co-signers ("codebtors" in the Bankruptcy Code) protected.

So really, Chrysler may contact Dolly without violating the automatic stay. They probably don't have their software implemented to allow them to withhold contact from certain people and provide it to others, so that's probably why they're not contacting her.

If his name was taken off the contract as a co-signer, he shouldn't have included the loan in his bankruptcy. If it's still on there, but just not on the title, Dolly has full ownership interest. If co-signer bankruptcy is not a reason for default under the contract (or if it is and it's not enforceable under state law), Dolly has no reason to worry. The co-signer's attorney could tell Dolly about this.
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#3 Consumer Suggestion

Automatic stay of bankruptcy

AUTHOR: Eric - (U.S.A.)

NB: I am not a lawyer. The following is for informational purposes only and does not constitute legal advice. Get a lawyer if you need legal advice.

What has been said about bankruptcy preventing contact with Dolly is not correct. The automatic stay of bankruptcy only protects the person filing for bankruptcy when it's a Chapter 7. Only under Chapters 12 and 13 are co-signers ("codebtors" in the Bankruptcy Code) protected.

So really, Chrysler may contact Dolly without violating the automatic stay. They probably don't have their software implemented to allow them to withhold contact from certain people and provide it to others, so that's probably why they're not contacting her.

If his name was taken off the contract as a co-signer, he shouldn't have included the loan in his bankruptcy. If it's still on there, but just not on the title, Dolly has full ownership interest. If co-signer bankruptcy is not a reason for default under the contract (or if it is and it's not enforceable under state law), Dolly has no reason to worry. The co-signer's attorney could tell Dolly about this.
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#4 Consumer Suggestion

Automatic stay of bankruptcy

AUTHOR: Eric - (U.S.A.)

NB: I am not a lawyer. The following is for informational purposes only and does not constitute legal advice. Get a lawyer if you need legal advice.

What has been said about bankruptcy preventing contact with Dolly is not correct. The automatic stay of bankruptcy only protects the person filing for bankruptcy when it's a Chapter 7. Only under Chapters 12 and 13 are co-signers ("codebtors" in the Bankruptcy Code) protected.

So really, Chrysler may contact Dolly without violating the automatic stay. They probably don't have their software implemented to allow them to withhold contact from certain people and provide it to others, so that's probably why they're not contacting her.

If his name was taken off the contract as a co-signer, he shouldn't have included the loan in his bankruptcy. If it's still on there, but just not on the title, Dolly has full ownership interest. If co-signer bankruptcy is not a reason for default under the contract (or if it is and it's not enforceable under state law), Dolly has no reason to worry. The co-signer's attorney could tell Dolly about this.
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#5 Author of original report

Chrysler response

AUTHOR: Barbara - (U.S.A.)

The person who filed chap7 is neither on the billing I was getting, nor on the title.

But it did show up on his credit report.
The letters have been sent to the financial com. by his attorney, that he is no longer associated with the pickup.

Still I can't get a paper billing from them, or go on line to pay. He has been to court already.
He has not recieved his final papers.

I am continuing to send the payments and keeping copies of everything.

Maybe someday they will come about. And this will be resolved.
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#6 Consumer Suggestion

Has the bankruptcy been discharged yet?

AUTHOR: Mike - (U.S.A.)

If the bankruptcy is still in progress, the creditor may be planning to appeal to the court to keep the other signer on the loan. Things will be in limbo for a while. Keep making your payments on time. Use certified mail with return receipt so you have proof that they received them.

You should ask CF to remove the other person entirely from the loan, but they may not be willing to do that until after discharge. Also it is very important that if the other person discharges the truck loan in his bankruptcy, you require him to remove his name from the title of your truck and give up all ownership interest. The court may be able to order him to do that at your request if he won't cooperate.

When the smoke clears (after discharge) check your credit reports and make sure that CF has reported nothing about bankruptcy to your report.

If you have good credit now, you should be able to refinance immediately with another bank. Again you need to get the other person to sign himself off of the title.
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#7 Consumer Comment

Steve,

AUTHOR: Leticia - (U.S.A.)

The OP is being punished because they are not allowing her to pay ONLINE! She has to send her payments in now.
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#8 Consumer Comment

Barbara....

AUTHOR: Steve - (U.S.A.)

Then where is the problem?

How are you being punished by Chrysler Financial?

I don't get it.
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#9 Consumer Comment

Response to chrysler financial

AUTHOR: Barbara - (U.S.A.)

You misunderstand. I have always, made the payments alone. His name has been removed by the court, and the attorney has sent notice to the financial company showing that I didn't have anything to do with his chap 7. The account is in my name, and so is the billing.
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#10 Consumer Suggestion

Some help for Dolly..

AUTHOR: Steve - (U.S.A.)

Dolly,

First, you should not blame Chrysler Financial.
They are prohibited by law from contacting you or accepting payments after a BK notice of filing is recieved. This is Federal Law, NOT CF policy.

If you purchased the vehicle in 2004 and have had a perfect payment history, there should be no reason that Chrysler Financial, or any other bank would not refinance it soley in your name.

I would be more mad at the cosigner that filed BK, than the finance company.

When someone cosigns, they are responsible to the lender if you default. Since this an asset, it is affected by the BK filing. The disposition will be at the discretion of the BK judge. You may not be able to keep it at all.

Your payments are most likely being held by the court trustee named in the BK. You may have to appear to save your truck.

In the mean time get a notarized statement from the other party that he/she has no financial interest in the vehicle, and gives you permission to remove his/her name from the loan and the title to allow you to refinance.
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#11 Consumer Comment

Have the parties attorney send a letter

AUTHOR: Aafes - (U.S.A.)

Have this person's attorney send another letter to Capital One asking them to allow you to make the payments directly, either online or by mail on the debt.

Capital One has likely blocked communications/transactions with third parties as a result of the Bankruptcy which would keep you from access. When bankruptcy is filed, normally the Bankruptcy judge bars the creditor from communication directly with the debtor during the case. All communication regarding the debt must go through the court or the debtor's attorney.

This can come back and bite you on your credit profile. Although you did not file personally if even a portion of the debt is discharged it can appear on your credit report indicating it was discharged in bankruptcy.
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