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kmichelle1568

Junior Member
I live in Virginia. I bought a 2009 Optima Nov. 12 from a Kia dealership in my town. They asked that I pay $1,500 down for a new car worth about $20,000. They said I could pay half on my payday the following week and half on my next payday.
A week later, they called and asked me to sign a new contract with a lower interest rate. But I had to put $500 more down. Nothing was signed saying anything about the down payment. I paid $750 toward the down payment with my debit card and signed the new papers for financing.
One month and two days later, someone from the dealership called my cell. I was at work and didn't hear the phone ring.
Ten minutes later, that person called all seven references listed on my application. She told them in person or on voice mail that I owe the dealership $1,250 and if it is not paid today, they will send it to the legal department, take the car and they would call the police and have me arrested for felony unauthorized use.
I went to the dealership and wrote a "hold check" for the $1,250 to be paid next week.
My car is already financed through a bank. I've received all the paperwork and first payment is due Jan. 1. The dealership told me that if the finance company asks, the down payment was paid in full, in cash.
My question is, did the dealership violated any laws regarding fair debt collection? And can they have me arrested?
 


cyjeff

Senior Member
I live in Virginia. I bought a 2009 Optima Nov. 12 from a Kia dealership in my town. They asked that I pay $1,500 down for a new car worth about $20,000. They said I could pay half on my payday the following week and half on my next payday.
A week later, they called and asked me to sign a new contract with a lower interest rate. But I had to put $500 more down. Nothing was signed saying anything about the down payment. I paid $750 toward the down payment with my debit card and signed the new papers for financing.
One month and two days later, someone from the dealership called my cell. I was at work and didn't hear the phone ring.
Ten minutes later, that person called all seven references listed on my application. She told them in person or on voice mail that I owe the dealership $1,250 and if it is not paid today, they will send it to the legal department, take the car and they would call the police and have me arrested for felony unauthorized use.
I went to the dealership and wrote a "hold check" for the $1,250 to be paid next week.
My car is already financed through a bank. I've received all the paperwork and first payment is due Jan. 1. The dealership told me that if the finance company asks, the down payment was paid in full, in cash.
My question is, did the dealership violated any laws regarding fair debt collection? And can they have me arrested?
Exactly what law do you think they violated?

Why didn't you pay for the car that is about to be repo'ed?
 

kmichelle1568

Junior Member
I thought they might have violated the part of the fair debt collection act that does not allow threatening arrest.
And none of your business. I can see this forum is not going to be any help.
 
I thought they might have violated the part of the fair debt collection act that does not allow threatening arrest.
And none of your business. I can see this forum is not going to be any help.
Not with that attitude. The FDCPA only applies to 3rd party collectors. Pay for your car or lose it, it's pretty simple.
 

cyjeff

Senior Member
I thought they might have violated the part of the fair debt collection act that does not allow threatening arrest.
And none of your business. I can see this forum is not going to be any help.
Of course they can threaten you with arrest.

Why would they be prohibited from using every legal resource at their disposal to collect from a deadbeat?

I don't ask questions to hear myself speak. There was a reason.

now, you can ask a lawyer about it.....
 

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