Report: #652314

Complaint Review: MMCA

Submitted: Mon, October 18, 2010
Updated: Tue, October 19, 2010

Reported By: Candace — Covington Georgia United States of America

MMCA

1101 Perimeter Dr. STE 650 Schaumburg, Illinois United States of America

Phone:
Web:
Category: Loans

MMCA Mitsubishi Motors Credit America Trying to collect after death... Schaumburg, Illinois

*Author of original report: I am aware of what a co-signer is

*Consumer Comment: Comments..

*Consumer Comment: You may still be on the hook.

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1Author 2Consumer 0Employee/Owner

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In April of 2002 I co-signed the lease/purchase of a vehicle for my elderly aunt through MMCA's SmartBuy.

In early 2006 my aunt, the primary name on the account, suffered a stroke. She was unable to work after that and unable to drive. Due to her severely declining health and her inability to work, she was unable to make the payments on her vehicle after 4 years of payments. She began receiving nasty phone calls from people, late at night, identifying themselves as MMCA reps. They stated she would go to jail, they would take her home, and her neighbors would know she was a dead-beat. While the average consumer would be aware these are ridiculous and even illegal claims, to an ill 75 year old woman they were very intimidating.

In March of the same year (2006) I brought the vehicle to my house (300 miles from my aunts home), and called MMCA myself. I thought this would stop their contacting my aunt. I was wrong. I was connected with a man in MMCA's in-house collection agency. I advised him of the situation and requested that calls to my elderly aunt stop immediately. He told me none of his reps had ever called her and that she was too old for anyone to believe her. I advised him that the vehicle was now at my home 300 miles away from her, gave him my address, and advised him to please have someone pick-up the car because my aunt no longer had the ability to pay. This man then told me that if it had been up to his 'group', they never would have given a loan to such 'an old woman'. Not wanting to listen to anymore of his disgusting gibberish, I again told him where the car was located and that we were requesting it be picked-up.

In June of 2006 (3 months after speaking with MMCA), two men show up at my aunts home at 2:00 AM, demanding the vehicle. My aunts live-in caregiver answered the door and tried to advise them the car was not there and that she could give them the address of the cars location. These men then attempted to enter the home saying they wanted to 'check for the car'. Where? In the bathroom? My aunts caregiver, in a panic, ran from the door to grab the phone to call 911. Once she grabbed the phone, the 2 men took off.

I again called MMCA and spoke with the same man I had spoken to 3 months earlier. I advised of the intimidating manner of the 2 thugs that showed up at a 75 year old womans home at 2:00 AM. He laughed and told me that MMCA was not responsible for the behavior of the repossession companies. I then reminded this man that I had advised him TWICE that the car was located 300 miles away from my aunts home, and given him the address. His only reply was to tell me that it wasn't his problem and that they would do whatever it took to get the car back. Clearly this man was too dense to understand I had practically begged MMCA to pick the car up.

Finally, at the end of June 2006, the car was picked up at my home.

My aunt, the primary account holder, died in May of 2009. MMCA continues to contact me almost daily demanding I pay over $10,000 for a reposesed car with a deceased owner.

MMCA financing is really like obtaining financing from the Mob.

This report was posted on Ripoff Report on 10/18/2010 11:53 AM and is a permanent record located here: http://www.ripoffreport.com/r/MMCA/Schaumburg-Illinois-60173/MMCA-Mitsubishi-Motors-Credit-America-Trying-to-collect-after-death-Schaumburg-Illinoi-652314. 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:

1Author 2Consumer 0Employee/Owner

Updates & Rebuttals

#1 Author of original report

I am aware of what a co-signer is

AUTHOR: Candace - (United States of America)

SUBMITTED: Tuesday, October 19, 2010

I do understand how auto financing works. I also understand that as co-signer I am responsible for the balance owed.

My complaint focuses on the disgusting tactics used my Mitsubishi.

This car was just over $23,000 when purchased. At the time it was repossesed there had been $15,160 in payments made. I was advised that the car was sold at auction for $9000. That is a total of $24,160 that MMCA has received for a $23,000 car. While I understand there is financing charges, fees, and other cost that are associated with this, I will not be adding another $10,000 in payments for this car.

I know that as co-signer I am responsible for any balance due at this time. But adding another $10,000 to the $24,000 already paid for a $23,000 vehicle does not seem to make sense.

I will be waiting this one out

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#2 Consumer Comment

Comments..

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

SUBMITTED: Monday, October 18, 2010

First of all sorry about your aunt, but there are some things you don't quite understand about auto financing.

If you co-sign for a loan, that means you are making a legal agreement that you are EQUALLY responsible for the loan. In the even that the primary borrower can not pay(for what ever reason), you are required to.

When the car was reposessed they sell the car at auction and the borrowers(you and your aunt) are still responsible for the loan balance. Unless this debt was taken care of from her Estate when your aunt died, the loan becomes your sole responsibility. So yes they do have a legal right to come after you for the deficency balance, that is up until the Statute of Limitations expires.

This is no different than any other finance company or lender would be.

Now, this is independent of the collection activities. Your caregiver did the correct thing in calling 911. If they actually attempted to enter the home, hopefully criminal charges against them was pursued.

If MMCA is a 3rd Party Collection Agency you have rights under the Fair Debt Collection Practices Act. One of those is to request that they stop contacting you. You can do this by sending them a "Cease Communications" letter by certified mail with return receipt. Once they receive that they can not contact you to attempt to collect the debt. But they are still allowed to take further action, such as filing a suit against you.

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#3 Consumer Comment

You may still be on the hook.

AUTHOR: Flynrider - (USA)

SUBMITTED: Monday, October 18, 2010

"MMCA continues to contact me almost daily demanding I pay over $10,000 for a reposesed car with a deceased owner"

Sleazy collection tactics aside, you may still be on the hook for the balance of the lease (and accumulated interest and fees). As a co-signer, you're responsible for the balance if the primary on the contract cannot make the payments.

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