Dan
Tucson,#2Consumer Suggestion
Fri, March 24, 2006
IN the even this actually goes to court, be sure to have your Lawyer subpeona the dispute records filed by the girlfriend. Tell them they can black out the girlfriends name in order keep from violating privacy laws, which they will most certainly try to hide behind. This information will be critical to your defense as it not only supports your claim that you were blocked from accessing the file, but that they were negligent in handling the file information. They should have notified you when your name was removed form the contract and most certainly would have been required to notify you when it was reinstated. At any rate they should have had you on the record as a contract party. The fact that removed you in the first place is grounds to dismiss the contract. They voided the contract by removing you from it or at the very least became the caustive agent for a contractual ambiguity that made it impossible for you to meet your end of the contract.
Lora
Oxnard,#3Consumer Comment
Sat, March 11, 2006
I'm barely getting around to sending out the letters to the company... (busy with midterms). I checked my credit report and the company name on it is "Drivetime Automotive Group, inc." they have an address on there in Gilbert, AZ. Should I send the letter there? On the Drivetime website they have the names of the CEO/President, executive vice pres/CFO, VP of risk and customer analytics, secretary/general council & VP of public relations and the chief information officer. Should I be sending the letter to any of these people? Once again thank you so much for your help! You've been the most help to me through this whole thing!
Larry
Tucson,#4Consumer Suggestion
Mon, January 16, 2006
what to do next... I would recommend making demand on the corporate office rather than the local dealership. To do that, you need to do some research. First, you need to find out exactly who the alleged creditor is. Companies like DriveTime often have multiple entities with similar names. The dealership may operate under a name like DriveTime Auto Sales, Inc., while the financing is done through DriveTime Financial Services, Inc. (I am just making those names up, but the point is you need to find the one that is actually claiming that you owe them money.) Once you have found out the legal name of the lender, you need to find where to serve them with a demand letter. I think DriveTime is headquartered in Phoenix, but they are probably registered in California as a foreign corporation. If they are registered, I would recommend sending your demand letter to the company in care of their California statutory agent. (A statutory agent is just a person or company whose only purpose is to serve legal notices upon.) The appropriate sections of the California Commercial Code can be found online at http://www.leginfo.ca.gov/cgi-bin/displaycode?section=com&group=09001-10000&file=9601-9629 I would word my demand letter something like: On or about ____, 2001, I co-signed a loan for _[your boyfriend]_ to purchase a car from DriveTime, located at 2439 S Victoria Ave, Ventura California 93003. During the period of ________ to _________, I contacted DriveTime by telephone on several occasions to check on the status of this loan. I was told repeatedly that I was not a co-signer on this loan and was denied access to information about the loan as you said I was not a party to it. On or about ________, 2004, I discovered that you reported to the credit bureaus that the vehicle had been repossessed and sold, and that you claim that I owe you the balance of the loan. I subsequently contacted your company by telephone and was told that I was not given notice of the repossession because you did not know that I was a co-signer at that time of the repossession but that you have since decided that I was a co-signer. Pursuant to California Commercial Code sections 9601-9629, you were required to give me notice after you repossessed the car and before you sold it. You not only did not give me notice but you also repeatedly denied my requests for information on this loan. You repeatedly denied that I was a co-signer until after you disposed of the collateral. Due to your breach of the Commercial Code, I hereby demand that you retract any and all statements you have made to any credit bureaus. I also demand a written acknowledgement that I do not owe you any money whatsoever. If you fail to respond in a satisfactory manner to this demand I will seek redress through the courts.
Lora
Oxnard,#5Author of original report
Fri, January 13, 2006
Thank you for the info!!! I told them that I received no notice about any late payments or the repo or ANYTHING at all. They said this was because I was not on the account at the time and was only added after the car was already taken back and sold. Of course they said there was nothing I could do about it now and that I should just pay for it. I definately will take your advice though! Should I send the letter to the corporate office or the branch where I live? Thank you SOOO much for your help!
Larry
Tucson,#6Consumer Suggestion
Fri, January 13, 2006
When your old boyfriend defaulted on the loan, DriveTime reposessed the car and would have sold it. Under the Uniform Commercial Code, DriveTime was required to send you notice after the repo and prior to selling the car. If they failed to send you notice, they better have a good explanation. If they sent a notice to an old address and the notice was returned they are probably off the hook, but only if they can prove that the notice was returned. The envelope, preferably unopened, with a postmark would prove that they tried to give notice. But no notice or no postmark and they got no legal claim against you. Send them a letter by certified mail demanding that they either provide proof that they attempted to give you notice or that they notify the credit bureaus and collection agency that DriveTime has no claim against you. The lawyer's response to your problem comes as no surprise. Lawyers just hate to admit that they have no experience in contract law (they just love chasing those meat wagons) and the last time the subject came up was three decades ago in law school. Instead, they just sit back in their chairs and pontificate on what they think the law is. In 35 years I have interviewed maybe 10 lawyers and only one ever said that he did not have a ready answer and would have to do some research before he could answer. Of course he charged me for his research time but his written advice was worth every penny I paid him.