Company won't give me credit for a payment

What is the name of your state? Texas. A car company did not credit me for a payment. I sent them a copy of the check the bank sent me proving they cashed my payment. They have since ignored my last 3 attempts in communicating with them. I have not sent one payment that was due. I feel I should not send anymore payments until they credit my account. My payment is $166.10 every two weeks, started in May 2003 and I still owe about $10,000. I'm worried that they are trying to stall me so that I don't send anymore payments and they will then have justification for repossessing my car. When can a car company repossess a car ? If a customer has accumulated a large amount of late charges or when a customer has not made the last due payment or the last two due payments or how many ? I'm afraid that if I give in and makeup the payment I missed and continue with my payments, they will never give me credit for the payment I proved they received. I've tried calling other than the credit department to get the vice-president's name or the owner, but they refuse to give me any information. I've also gone to their website but they have only their address and phone number on their "contact" and "home pages". No other info. What can I do ?

[Ladynred]

If you keep up with that attitude, you're definitely going to lose your car. I'm surprised they haven't retreived it already.

If you have a billing dispute, then you need to make your dispute in writing per the Fair Credit Billing Act.

Check your contract. They COULD repo the car with only 1 missed payment, you're already behind more than that and they would be within their rights to repo it - regardless of your dispute.

Who is the company, I'm sure someone can find or provide the info you seek.

The name of the company is Sames Motor Company in Laredo, Texas. I live in San Antonio, Texas which is a good 2 hours away.
All they have available is their main number which is how they've prevented me from going any higher with this problem.

I read somewhere that this law only applies to "open-end" credit accounts, such as credit cards and revolving charge accounts - such as department store accounts. It does not cover installment contracts - loans or extensions of credit you repay on a fixed schedule. We often buy cars, furniture and major appliances on an installment basis and repay personal loans in installments as well. Is this correct ? And if it is, then where can I get help with my car payment problem ??

[JETX]

Ladynred said:
"If you have a billing dispute, then you need to make your dispute in writing per the Fair Credit Billing Act."
*** HUH??? The FCBA does NOT apply!!
From the FTC website:
"The law applies to "open end" credit accounts, such as credit cards, and revolving charge accounts - such as department store accounts. It does not cover installment contracts - loans or extensions of credit you repay on a fixed schedule."

"I'm worried that they are trying to stall me so that I don't send anymore payments and they will then have justification for repossessing my car."
*** Yea, right!! Then make your payments and surprise them!!

"When can a car company repossess a car ?"
*** The lender can 'recover their security' the minute after you breach the repayment agreement. They do NOT have to give you additional notice.

"If a customer has accumulated a large amount of late charges or when a customer has not made the last due payment or the last two due payments or how many ?"
*** See above. If your car payment is due the 15th of the month and is not received by that date, they can start reposession on the 16th.

"I'm afraid that if I give in and makeup the payment I missed and continue with my payments, they will never give me credit for the payment I proved they received."
*** Clearly, there is some miscommunication or error here. I would suggest that you get proof of EVERY payment you have made (front and back of checks) and make SURE that you have made EVERY payment. Once you have done that, then send them a copy of the proof and POLITELY ask them to verify their records. Send it certified RRR. Keep records.

"I've tried calling other than the credit department to get the vice-president's name or the owner, but they refuse to give me any information."
*** See above.

"I've also gone to their website but they have only their address and phone number on their "contact" and "home pages". No other info. What can I do ?"
*** See above.

So do I have any "law" or "Act" or anything on my side. Anything I can use to resolve their "shady' accounting practices. If the Fair Credit Billing Act does not apply then is there any law that does ?

[Ladynred]

Ok, I've done some digging and spent a whole $1.00 to do a search on the TX Secretary of State's Business search database.
TX has some nice public information laws


Here's what I've found:
President/VP - Harry E Sames III
On his Franchise Public Information Report it lists the following:
Daytime phone: (956) 721-4700 (suspect is dealership #?)

Leonor Gutierrez
Secretary/Treasurer for Sames Motor Company

Richard E. Sames - title listed as "AS" (????)

Harry E Sames III -Director

Dealership has been around since 1964.

They list no other phone numbers, but if you have a name you at least have a chance. Call and ask for Harry Sames or Leonor - she's in charge of the money end anyway.

Couple of other things you can do - call the Atty General's office, see if they can help. You can always file a complaint with them.

Call the BBB - Harry's a member , so he might respond if a complaint is filed against him - if nothing else.

There's more than one way to skin a cat !!!

Thank you so much for your help and advice. I really appreciate it. I'm going to do everything you suggested. If you or anyone else has anymore advice, I'll be happy to get it. Thanks again !

[Ladynred]

You're welcome.

Just how many payments are you behind anyway ? .

Regardless of whether or not you get the 1 payment squared away, you're still going to owe a LOT more in missed payments and fees. If you can't make up ALL that money, you still stand to lose the vehicle.

If this ever happens again.. just keep making your payments and pursue any disputes on their own. Withholding payments is only trouble.

One other thing you may consider - mail your payments in such a way that you get a delivery confirmation receipt from the post office. It'll cost you a couple extra bucks a month, but they would have a hard time convincing a judge (or anyone else) that they never received your payments if you have signed postal receipts in hand

Oh, I'm just one payment behind - the one I refused to pay two days ago until they straighten out my account.
The whole point of this mess is that because they didn't give me credit for this particular payment (which was the first payment for May 2003 - there are two payments due each month) it made the folowing (2nd payment of May) payment post late - it caused a chain reaction of late charges being automatically generated. It wasn't until they sent me a notice saying I owed over a $100 in late charges that I began to investigate why. And sure enough, it was an accounting error of theirs. Now it seems like they are trying to cover up their mistake. I guess they don't want to delete all those late charges that were acutally charged in error. Someone at the company doesn't want to get the blame or something. Anyway, all I've been doing is waiting to hear from them which has caused me to get frustrated and irritated. Now I can see that withholding a payment will only make things worse. Thanks to you. Thankyou. Can I put you on my "buddy" list in case I need your help again ?

[Ladynred]

Sure