In March of 2003 I was diagnosed with an autoimmune thyroid disease. It took a year for the doctors to figure it out, during that time I became very ill.
Even though I am on treatment for this, I have periods where I become bed ridden. During this time I have fallen behind on payments to WFS. I am commission based, and paid once a month. I have always managed to catch my payments up.
This time I had two escrows fall out and am waiting for one commission check. I am two months behind. I left a message for WFS regarding this.
WFS sent a stranger to my door on 2/17/05 where my elderly mother was here watching my son. He wanted to hand her paperwork, but she was so sacred of him she refused it. He left a note for me to call WFS in my mailbox.
The letter read:
Date: February 17, 2005
Dear: Catherine H.
In an attempt to make immediate contact with yourself, WFS Financial has requested the services of Guardian Portfolio Services.
The purpose of this action is to encourage you to call WFS Financial within 48 hours of this notice.
Please contact us at the following number:
I called the number twice within the 48 hours and left two detailed messages about waiting for the commission checks and their approximate arrival based on the closing of escrow.
Today, 2/28 I was sick in bed and someone knocked on my door, by the time I got to the door no one was there. I walked out my door down towards the parking lot and a man was going through my mail. He got back in his truck and left. It took me a bit to realize it was my own mailbox. There was nothing left for me in the mailbox - other than my mail. I am sure this is one of the Guardian Portfolio reps looking to talk with me.
Is it legal for them to touch my mail? Also, there are three Private Property Keep Out signs posted at this condo complex. Is it legal for them to be coming here? I only owe 4700 of an original 18,000k loan. When I bring it current in the next two weeks it will be less than 3700k on my Ford Ranger XLT. After reading some of the posts here I am worried they will repossess it now that I am so close to the end because the balance is so small compared to what the truck is worth.
I am thinking I should contact an attorney and see what my rights are at this point. I use my truck for work and it is the means that gets me to my client's offices.
Also, WFS calls my business cell phone all day during business hours. I cannot take these calls usually because I am sitting in front of clients in the client's offices. I have explained this to them on at least 7 ocasions. I understand my rights under the Fair Debt Collection Practices Act, but do those laws include collection practices from the company itself and not a third party collection agency?
Any advice would greatly be appreciated.
Santa Rosa, California