• Report: #98159

Complaint Review: Rita Garcia - long beach acceptance

  • Submitted: Thu, July 08, 2004
  • Updated: Tue, July 27, 2004

  • Reported By:romeoville Illinois
Rita Garcia - long beach acceptance
500 N State College Blvd Orange, California U.S.A.
  • Phone:
  • Web:
  • Category: Loans

long beach acceptance - Rita Garcia Bullies Orange California

*Consumer Suggestion: Never voluntary repo.!!

*Author of original report: not going to call your company and get into another contract argument with your staff

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I too had a loan through long beach....even paid 49 payments of 54 on time. I couldn't afford the car anymore but I contacted them to make payment arrangements. They wouldn't even after 49 on time payments. Then I told them to take the car and even left the keys so the repo guy wouldn't have to tow it..I even left it in my driveway.

Well they sold (allegedly) my 5 year old lincoln for $100 bucks. And said I owed them 1500 dollars more than I owed. When I agreed to pay off what i owed at 100 bucks a month by amending the contract no one from long beach disputed it. They have been accepting my payments for 19 months and now that i have all but paid them off they are saying I owe them more. They said i do not have the right to amend the contract and they never accepted it. However I believe consumers have the right to amend contracts. Also you can't dispute it 19 months after you take payments.

Rita says that they will leave the charge off on my credit report saying I never paid what I agreed to (their amount) But I have all my documents, statements and the amended contract to prove I've honored my commitment. Just a big bully picking on the little guy cause they can. Buyer through long beach acceptance beware!!!!!!!!!!!!

romeoville, Illinois

This report was posted on Ripoff Report on 07/08/2004 07:38 PM and is a permanent record located here: http://www.ripoffreport.com/r/Rita-Garcia-long-beach-acceptance/Orange-California-92868/long-beach-acceptance-Rita-Garcia-Bullies-Orange-California-98159. 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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#1 Consumer Suggestion

Never voluntary repo.!!

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

Never voluntary repo a car. You will end up in exactly the same condition as if it were an involuntary repo. If you wait for them to take it involuntarily, first you get to use it longer, second there is a better chance they will mess up with legal technical details. If that happens, you can often get out of paying the additional amount they will always claim you owe.

In your situation, since the car was clearly worth more than the amount owed, you should have sold the car yourself. Before you're behind on the payments, call the company and ask how much it would take to pay off the car. Then take the car to a few dealers and tell them you don't need it any more. Of course do not tell them you are desperate to sell it, and do not let them try to sell you another car. Make your best deal, you should leave with the loan paid off, no bad credit, and possibly some money left over.

The consumer cannot change the terms of a contract unilaterally. If you do not have a written agreement from the company for new terms, original terms still apply. Some people try to do it with "restrictively endorsed" checks, but usually the original contract says that restrictive endorsements don't apply.

Payments of less than the amount demanded still subject you to the same potential penalties as not paying any at all.

Do not try to negotiate with bill collectors over the phone. If it is not on paper, it did not happen. Really there is no reason to talk to them on the phone at all. They will tell lies and play mind games on you.

Remember that business (especially bad business like LBAC) is not about morality, it is about money. It's not necessarily moral or immoral, just driven by a different force.
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#2 Author of original report

not going to call your company and get into another contract argument with your staff

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

Long Beach monitors these posts and I am glad. You can see my response to your July 23rd letter here. I am not going to call your company and get into another contract argument with your staff. I will honor my commitment to pay the amended amoount I agreed to pay not the amount you are trying to extort from me. However, I would like proof that you only sold my car for $100 I find so hard to beleive. Based on all I am reading on the internet about you I don't believe that you could only get that amount for my car. My last statement from you indicated that 49 of 54 payments were made. That leaves 5 payments at 457.10 per month or $2285.50. With 400 in late fees and 250 in repo fees less the 100 bucks you alleged to have sold my car for leaves a balance due you of $2835.5. I agreed to pay slightly more than that $2957.20 not the $3892.30 you were trying to collect. That leaves a balance due of 1057.20 from my agreed amount because of the 1900 bucks paid to you. I will not pay this final amount because you are trying to make me pay $2312.30 more and I never agreed to that. With what I've paid already plus your amount I would be paying a total of $4212.30 a whole $320 more than your original agreement amount. Wheter you choose to agree or not consumers have the right to adjust/amend contracts. You accepted my payments for 19 months after recieving my adjusted amount with no disputes so you agreed to my terms. Your letter of 7/23/04 is ridiculous in that you say I agreed to pay 38 consecutive payments of $600 a month equalling $22800. That's 6900 more than my original loan. Why would anyone agree to that when they have only 5 payments left?

I stand by my original post. I tried to renegotiate my payment albiet late because I am a Christian who realizes that I have a obligation to pay my creditors. You would not accept it and at my request repossed my car (that I did not hide). I adjusted the repayment agreement to reflect what my records indicate I owed and will pay only this amount. However I will not pay any additional money until such time that you send a letter confirming acceptance to what my records reflect at the term that I can afford to pay now $75 a month as the $100 was always more than I could pay and I told that to Rita from the beginning.

I am certain that I could borrow some money and pay you 10% of what my records show in full and fianl settlement of this matter with my credit report showing that this account is successfully settled. Otherwise no payment will be sent and I will save the money for my attorney when you sue me for the balance. However You will have to explain why 1. Your monthly statement does not match your payment transaction history for me. 2.Your company is trying to collect per your letters 5 different amounts from me 22800 (7/23/04) , 15899.47 (1/13/98), 4212.30 (7/23/04), 3892.30 (1/23/03) & 2312.30 (7/23/04).

I again state it was not your fault that I fell behind, but since you have already collected $22397.90 before repossesion, $100 through reposession and $1900 after reposession, I am prayerful that you would accept my final settlement offer of 10% of my records to settle the account.
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