• Report: #1131225

Complaint Review: United Auto Credit

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  • Submitted: Mon, March 17, 2014
  • Updated: Mon, March 17, 2014

  • Reported By: rosemary — baltimore Maryland
United Auto Credit
1071 Camelback #100 newport beach, California USA

United Auto Credit GINA in the Bankruptcy department rude and condenscending. patronizing irritated that i questioned her newport beach California

*Consumer Comment: Additional information for you

*Consumer Comment: You had an attorney?

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 On March 17, at approximately 1:46 pm, I made a phone call to my auto loan company to ask a simple question about how my payment history would be reported on my credit report after I filed for bankruptcy. YES, I had to file. Not something I am very proud of.  However, I am trying to right that wrong by educating myself financially and diligently monitoring my credit usage and income/debt ratio.  Because of this LIFESTYLE change, I noticed that United Auto Credit was not reporting on my history.  I was counting on that because it would show the world that although I couldn’t afford the house anymore that my husband and I lived in on my own when he became unemployed, I would at least show that I have a personal vehicle and was very responsible with the payments. 

 I initially spoke to GINA, who right away seemed uninterested in my problem of why United Auto Credit had stopped reporting a positive history on my credit report.  She assured me that UAC had sent out a Reaffirmation of the loan letter that would have allowed them to report.  Well, I’m sorry, I had no idea what that was.  So when I asked her what that letter was and how that would have been beneficial to me and my issue. She stated “I have no idea how that would benefit you.  That is a personal choice”.  WOW.  I must have really missed something. I was only attempting to understand what this magical piece of paper was.  I said to her that my lawyer, during the bankruptcy failed to mention this to me and this was the first of me hearing about this letter. Yes, even the judge did not say anything about it to me.  So I asked again “How would this letter have changed matters?”  She stated that because I did not have a reaffirmation of the loan letter signed that the company would “LET” me; yes LET I drive the car.  Hold on, you mean the car that I’m paying for?

OK now I’m defensive.  So I stated “wait, I’m paying every month to drive this car, you are not letting me do anything.  As evidenced by a contract that UAC signed and I signed two years earlier, without any missed or late payments ever.  And as a matter of fact, a current balance that reflects two months in advanced since November 2013.  Where exactly is the gracious favor of UAC here?”  She then states “well, if you want to have it reported differently, you can certainly have it refinanced with another company.”  Whoa, whoa, whoa, who said anything about that?  I just wanted to know why this reaffirmation paper would have made a difference in my life that is apparently so pathetic that she doesn't have the time to talk to me.  I’m funny, well educated, and versed in many things, except Law.  Sorry.  I then said to her that I would prefer to speak to someone else, because clearly, as a customer (or at least I was until I filed for bankruptcy), I felt her judgment was compromised and no longer able to effectively help me.  I spoke to Eric, the supervisor, who did not at all ease the mind of the customer, Oh, forgive me, (the person in bankruptcy), and  diffuse her behavior. He just simply told me in so many words that while my payment is and has always been current and ahead, my credit report would never reflect it because I did not sign that magical piece of paper. 

I have learned my lesson. Thank you GINA and Eric.  You have taught me well today.   

 

 


This report was posted on Ripoff Report on 03/17/2014 10:41 AM and is a permanent record located here: http://www.ripoffreport.com/r/United-Auto-Credit/newport-beach-California-92612/United-Auto-Credit-GINA-in-the-Bankruptcy-department-rude-and-condenscending-patronizing-1131225. 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 Comment

Additional information for you

AUTHOR: FloridaNative - ()

First, I am not an attorney so this is not legal advice at all. Secondly, just to add to Robert's report above, even if you had signed the reaffirmation agreement and even if it was filed on time prior to your discharge, the payments may not have been reported on your credit post bankruptcy. Please verify anything I put in this answer with your attorney so you have all the information you need. What I have seen with reaffirmation agreements that are signed by the parties and filed on time is that some lenders will report the payments and some will not report them.

Robert is right about the benefit to you. Really if you sign a reaffirmation agreement the benefit is usually for the lender and not the borrower (you). In general, without knowing your specific information, it is NOT a good idea to sign a reaffirmation on a high interest loan that is upside down (value is less than what is owed). It is possible the attorney did not bring up this option for you because of the actual value of the vehicle and the amount owed.

You do have options now that the vehicle has not been reaffirmed. Do your research on what you can do now that you know that the vehicle is not reaffirmed. If you decide to continue making the payments on this vehicle to the lender, keep a record of each and every payment so you have a log of your payments made timely. It will come in handy when it comes time to get the title after payoff and when you purchase your next vehicle.

One last thing: sometimes the creditor adds substantial fees to the vehicle in bankruptcy for attorney fees so your balance may be significantly higher than it was prior to bankruptcy even though you have been making payments. This would be one of the areas for you to research so you have all of the information you need to make an informed decision on whether to continue with this vehicle or not. Good luck.

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#2 Consumer Comment

You had an attorney?

AUTHOR: Robert - ()

Seems if there is any issue here it is one with your "attorney".

So when I asked her what that letter was and how that would have been beneficial to me and my issue. She stated “I have no idea how that would benefit you.  That is a personal choice”. 

- That is 100% the RIGHT answer.  She is not a lawyer and advising you how it would benefit you in your specific information could be considered legal advice.  This is something YOU need to decide on your own and if you don't know the answer to consult your attorney.

Based on the fact that you have filed, if you do not know what a Reaffirmation agreement is, that is a failure on your laywers part to not explain this to you.  So in short let me help you out, a reaffirmation agreement is an agreement between you and the bank post Bankruptcy that basically says you are making a legal commitment to continue to pay on the loan as agreed and in return they agree to report the loan to the credit reporting agencies.  The basic plus, is that you can start to rebuild your history.  The minus, if you fail to make your payments they can come after you and unlike before you won't have a BK to fall back on.  Now there are more advantages/disadvantages this but again they are specific to your situation and no one here can answer those.

Oh and as for the judge not mentioning the reaffirmation...just like this person you called, that is NOT their responsibility.


Just a few other items.  As hinted at unless you signed a reaffirmation agreement any payments you made post bankruptcy DO NOT get reported.  It doesn't matter what bank or finance company you are with, that is part of the Bankruptcy code.  But it works both ways, if you just decided to "walk away" from the car without the agreement you would have no additional "damage" to your credit.    So yes they are actually doing you a favor by letting you keep the car.  Because in court they could have required you to return the car to them, instead they are letting you continue pay on it with the option at any point to just walk away.  However, if you want "credit" for the payments you have to commit to them that you will continue to make your payments.  Of course I will give you a final caviat...nothing I said should be taken as legal advise, and you still need to consult your attorney(but don't be shocked if they basically tell you the same thing).

 

Good Luck and you may want to start thinking about what else your attorney didn't tell you.

 

 

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