What is the name of your state (only U.S. law)? NEW MEXICO
I have been battling with GMAC/ALLY since February 8th over this.
On February 8th I logged onto the GMAC/ALLY website and made a payment of $500 (For January and February) The money deducted from my account but never posted. After calling every other day for about a week they decided that there was an error in their part and that $500 was "lost" because I paid the payment as they were switching from GMAC to ALLY's online payment software.
Bottom line, they admitted that it showed $500 but they coudlnt get it to post. I was told that they would call back in two days 3 different times and was never called back. This battle went on for a month. The collectors began to call.
Every time I called and asked to speak to a manager they would just transfer me to collections, who coudln't see the full account as a customer service rep could and transfer me back. Keep in mind this is a good 2 hours on the phone a day for a month.
During this time I spoke to a woman around the 22nd of February. She told me that since I planned to buy my car that I should just pay the remaning balance while they figure out where the $500 went. I paid them an additional $1485 over the phone (this is what she said, I knew I owed about $300 more than that). I kept getting calls. I logged in to view my payment history frequently and saw the money added, then subtracted then added again as $1000 to the "other" charges, and $489 to my past due amount. The $1000 posted correctly. The $489 seemed to go the same place my initial $500 dollars went from the 8th... NOWHERE.
For back reference the "Other" Chargers are this. The car was repossessed Dec. 2010 for a weekend. I paid the $1000 to get it back and some $350 to the dealership for towing and storage. Since the repossession my statemnets have said that I owed $1800(ish) for legal fees and was told that could be paid at lease end. I suppose over the year small over payments on my part had it down to $1758 as of my January statement. This statement also stated that I owed for January, and my final February payment would be due soon, I do have it in file.
My online statement to this day says I owe $758 in past dues and $480 something for January and February.
I called and began harassing them again. Every day it was something different.
I was told it went to "other" charges "no then where did my $1000 go???" "Ma'am I'm putting in a report I'll have someone call you back in 2 days"...never calls back
I was told it went to "back payments", "No I only owed for January" -20 minute hold- "ma'am it went to November/December", "where did the other $500 go?" -20 minute hold- "ma'am it went to November/December" "no you just told me the $489 went to Nov/Dec" -20 minute hold- "Sorry ma'am that went to September/October", "Thats impossible I'm holding a bill saying I only owe for January" "ma'am I'll have someone look in depth at this and call you back in 2 days" .... never calls back
Next time I called I was told that the $500 was sent back to my bank account and to watch it so I can turn around and pay it back.
The NEXT DAY I called and was told that the $500 applied and I still owe January/February.
The NEXT DAY I called and was told that BOTH the $500 and the $1485 were reimbursed to my bank account and to talk to my bank why that hadn't been reimbursed to me. That was a Saturday, I went to the bank and got a print out of my account and a number to call.
I called GMAC/ALLY the next Monday and was told someone had been assigned to me, assuming customer service to help me.
I called Tuesday the number given then caught her on Wednesday to find she was just a collections representative and she told me she was "warned" about me, and had an accountant look into it, that the missing $985 went to the repo charges. She read a break-down of all my charges from the repo from towing to keys. The math added up to $2800 some dollars. I asked her when those charges posted. She said March of 2009. I said, since January of 2009, the month after the repo my bills have said $1800 or less. Why was this never billed TO ME until 2 days before I need to buy my car. She had no answer and I was given the number for her supervisor and called two days in a row and left multiple messages and never got a call back.
I ASSUME that the last womans response was as much bull-sh** as the other dozen people I spoke on the phone who confidently spoke make-believe. I know there is a computing bug as a result of the GMAC/ALLY accounting switch that seems to affect every payment I make to the monthly charges. I wasn't about to send them more money before they corrected the problem.
Here is the catch. I had planned to buy my car, had the money in hand, and told them this every time I called. What they didn't know is because I planned to buy the car I drove it and drove it and drove it. I have it up to 110k miles. Thats about 70k over the lease turn in amount. I COULDN'T GET ANYONE TO LISTEN OR HELP! I had no choice but to return the car that Friday. I bought another car entirely, I have to work! I put the car in someone elses name so they can't put a lien on the new car. I don't know what to do. I know a $12k bill is headed my way.
They didn't give me a chance to buy the car within reasonable terms and I'm certain they will take me to court. What is my legal position. I know they will take the car and sell it for $3-4k and I know they have insurance to recoup any amount they don't make up to the contract agreement of $8k. I don't think I should have to owe them the additional $12k they will make in pure profit, they didn't allow me to buy the car and I begged and harassed them trying to get it fixed before the time came. They did nothing. I e-mailed a dozen lawyers in the area but none have replied.
Do I have legal rights?
I have been battling with GMAC/ALLY since February 8th over this.
On February 8th I logged onto the GMAC/ALLY website and made a payment of $500 (For January and February) The money deducted from my account but never posted. After calling every other day for about a week they decided that there was an error in their part and that $500 was "lost" because I paid the payment as they were switching from GMAC to ALLY's online payment software.
Bottom line, they admitted that it showed $500 but they coudlnt get it to post. I was told that they would call back in two days 3 different times and was never called back. This battle went on for a month. The collectors began to call.
Every time I called and asked to speak to a manager they would just transfer me to collections, who coudln't see the full account as a customer service rep could and transfer me back. Keep in mind this is a good 2 hours on the phone a day for a month.
During this time I spoke to a woman around the 22nd of February. She told me that since I planned to buy my car that I should just pay the remaning balance while they figure out where the $500 went. I paid them an additional $1485 over the phone (this is what she said, I knew I owed about $300 more than that). I kept getting calls. I logged in to view my payment history frequently and saw the money added, then subtracted then added again as $1000 to the "other" charges, and $489 to my past due amount. The $1000 posted correctly. The $489 seemed to go the same place my initial $500 dollars went from the 8th... NOWHERE.
For back reference the "Other" Chargers are this. The car was repossessed Dec. 2010 for a weekend. I paid the $1000 to get it back and some $350 to the dealership for towing and storage. Since the repossession my statemnets have said that I owed $1800(ish) for legal fees and was told that could be paid at lease end. I suppose over the year small over payments on my part had it down to $1758 as of my January statement. This statement also stated that I owed for January, and my final February payment would be due soon, I do have it in file.
My online statement to this day says I owe $758 in past dues and $480 something for January and February.
I called and began harassing them again. Every day it was something different.
I was told it went to "other" charges "no then where did my $1000 go???" "Ma'am I'm putting in a report I'll have someone call you back in 2 days"...never calls back
I was told it went to "back payments", "No I only owed for January" -20 minute hold- "ma'am it went to November/December", "where did the other $500 go?" -20 minute hold- "ma'am it went to November/December" "no you just told me the $489 went to Nov/Dec" -20 minute hold- "Sorry ma'am that went to September/October", "Thats impossible I'm holding a bill saying I only owe for January" "ma'am I'll have someone look in depth at this and call you back in 2 days" .... never calls back
Next time I called I was told that the $500 was sent back to my bank account and to watch it so I can turn around and pay it back.
The NEXT DAY I called and was told that the $500 applied and I still owe January/February.
The NEXT DAY I called and was told that BOTH the $500 and the $1485 were reimbursed to my bank account and to talk to my bank why that hadn't been reimbursed to me. That was a Saturday, I went to the bank and got a print out of my account and a number to call.
I called GMAC/ALLY the next Monday and was told someone had been assigned to me, assuming customer service to help me.
I called Tuesday the number given then caught her on Wednesday to find she was just a collections representative and she told me she was "warned" about me, and had an accountant look into it, that the missing $985 went to the repo charges. She read a break-down of all my charges from the repo from towing to keys. The math added up to $2800 some dollars. I asked her when those charges posted. She said March of 2009. I said, since January of 2009, the month after the repo my bills have said $1800 or less. Why was this never billed TO ME until 2 days before I need to buy my car. She had no answer and I was given the number for her supervisor and called two days in a row and left multiple messages and never got a call back.
I ASSUME that the last womans response was as much bull-sh** as the other dozen people I spoke on the phone who confidently spoke make-believe. I know there is a computing bug as a result of the GMAC/ALLY accounting switch that seems to affect every payment I make to the monthly charges. I wasn't about to send them more money before they corrected the problem.
Here is the catch. I had planned to buy my car, had the money in hand, and told them this every time I called. What they didn't know is because I planned to buy the car I drove it and drove it and drove it. I have it up to 110k miles. Thats about 70k over the lease turn in amount. I COULDN'T GET ANYONE TO LISTEN OR HELP! I had no choice but to return the car that Friday. I bought another car entirely, I have to work! I put the car in someone elses name so they can't put a lien on the new car. I don't know what to do. I know a $12k bill is headed my way.
They didn't give me a chance to buy the car within reasonable terms and I'm certain they will take me to court. What is my legal position. I know they will take the car and sell it for $3-4k and I know they have insurance to recoup any amount they don't make up to the contract agreement of $8k. I don't think I should have to owe them the additional $12k they will make in pure profit, they didn't allow me to buy the car and I begged and harassed them trying to get it fixed before the time came. They did nothing. I e-mailed a dozen lawyers in the area but none have replied.
Do I have legal rights?
