Legal Question in Credit and Debt Law in Ohio

Long Story Short I had a car repossesed on December 20, 2009. After lots of back and forth between several different chase finance people they decided to take it anyway. So, they sent me a letter saying they were auctioning off the car in January, as per the law like they should. I did not receive notice of sale till almost a month later on Feb 17th, 2010. I was at work and received a call from the chase auto finance people again stating that I had to Immediately pay the deficiancy. However I did not receive the written notice of sale till Feb. 21, 2010. While on the phone with them I said i would gladly set up payments so we can get this account right and they stated that this was unacceptable. They said I must pay the balance now and thats all they would accept. The lady I spoke to on the phone was very aggressive and Degrading me all while I am trying to work. She they procceded to tell me she was calling my bank and we were going to pay as much as I could, and I told her this was unacceptable, and that I am at work and dont have any of my paper work in front of me to discuss this type of thing and she said again that it was Unacceptable. So, on April 26th, I have a debit to my account for $800 dollars, and come to find out that Chase with out my authorization took that money from my account. Today is Satuday, May 1, 2010 and I just received a letter in the mail today saying they were pursuing their legal rights to collect this debt. My question is, Do they have the authority to just take that kind of money from my account and if not what steps do I need to take to correct this. I feel I have been worked over by them from the begining of this repo as they have cleared my account 3 times from in in the last 5 months. please help.


Asked on 5/01/10, 4:09 pm

1 Answer from Attorneys
Harold Paddock Harold Paddock Co. LPA

Without going into a lot of detail, Chase may have violated the Fair Debt Collection Practices Act. Some of their tactics, including calling you at work, appear to step over the line of what is acceptable. The question of taking money form your account may depend on the language of the agreement you signed with them when you took out the car loan. You should contact an attorney in your locale who represents consumers in collection matters and show him/her all the documents and details that describe your case.

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Answered on 5/07/10, 8:18 am


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