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  #1  
Old 06-25-2009, 07:53 AM
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Join Date: Jun 2009
Posts: 2

Bank Lost Payments


What is the name of your state (only U.S. law)? Kentucky
Hello all,

I recently recieved a call from my auto loan holder, stating that they hae not recieved my payments for the past 2 months. The funny thing is that I moneygram the money to them and I have conformation that they have taken the money. The customer rep. stated that she could see that they took the money, but not where it had gone. So because it was not credited to my account that she still has to place an order for repossession. I gave the customer rep. a credit card number for payment and they took that and they state that they do not know where that money went. My credit card company states that they gave the money to the auto loan holder. So now I have 3 payments made to this company and they have no ideal on where the money is and they want their car. And they have now dented my credit score 4 times for No payments. Can I take this company to court? If so should I just do small claims or what?
  #2  
Old 06-25-2009, 01:23 PM
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Join Date: Feb 2006
Posts: 689
Get the address of the person you spoke with at the auto loan company. Send her a copy of all the documentation that shows when and how much you paid them, and when they received the payments. Demand that your account be properly credited for these payments. Demand that the credit report items be deleted as items in error. Remind her that you will be retaining copies of these documents for legal purposes. Retain a lawyer and ask about getting a temporary restraining order against the company/bank blocking them from repossessing the car. Which court you sue them in will depend on what they did to harm you, what the dollar amount of the harm is. If the terms you agreed to specify mandatory binding arbitration, then court is unlikely to work.
  #3  
Old 06-25-2009, 01:47 PM
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Join Date: Jun 2009
Posts: 2
I have faxed the information to her two weeks ago. The dollar amount is 1,500.00 not to include all the late charges they are saying that I owe now and the fact that they have just now put a order to repo my car. I faxed them statements from moneygram showing that they took the money and the dates as well as a statement from the credit card showing that they took that money and when. The lady that confirmed the reciept of fax stated,"it looks like you are just throwing money our way" When I asked to speak with the supervisor I was told there wasn't one available and they would call me back.
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