GMAC basically stole my car, Posted by Robert Paisola

I must say I am on a rampage and angry. I know this is a long e-mail, but bare with me. I hope that this e-mail will travel the world and warn potiential victims of General Motors financing (GMAC)...

Here is the hard true. We are all one pay check away of living on the streets. Bush has tore us a new one, one that we will feel for years to come. Back in Nov of 2004 my husband reinjured his knee to the point of having surgery and being out of work for some time. I had just became self employed in May and trying to build my clients. Things were tight but going good, until he got hurt again. I knew that our survial laid completley on how long he would be out of work and of course where he worked also played a part on how fast he could go back. Since his employer has their own medical team and opinions. It seemed to hit all at once. He had the surgery and of course was laid up. My buisness began to slow down since most people like having their hair done in the spring, summer, fall, and just dont really care when it comes to winter. I began looking for another full time job and found one. It just didnt start soon enough due to training, holidays etc. As we struggled through this all we tried to do our best and scraped, sold stuff etc. And I must say we would have never made it if it wasnt for our church, family and friends. But we couldnt pay all of our bills. Church, family and friends can only help with so much. Like utilities, groceries, gas, and of course Christmas. Our 3 children would have never had a christmas if it hadnt been for them. Now to my point. I had a 2004 Pontiac GTP, that my husband bought me in Oct 2003 for 30,000.00 dollars, our payments were 483.46 a month through GMAC.
I made my payment in Nov of 2004 and advised them of what was going on with our money situation. They was nice at first telling me they would work with me and that we had a good payment history. Dec 2004 and Jan 2005 they deferred the payments. I paid the interest on both months of 146.26 and wasnt due till Feb 2005. By this time we was under and went and talked to a lawyer. We decided to file bankrupt chapter 7. We let every thing go except our 2 cars. Our house was foreclosed on and we had to move. We took our whole tax return of 2,800.00 and moved. In the mean time we continued to make payments to GMAC and was paying a little more toward the loan for the 3 months that we had gotten behind. My husband went back to work at the end of Feb 2005. Finally in Aug of 2005 our chapter 7 had been discharged and we had just about come full circle. I got a letter from GMAC of how much I was behind and that I had 2 weeks to pay 1689.00 dollars or they would repo the car. I called GMAC and worked out a way to pay the amount. They continued to seem to be working with me. I paid all of that and continued to make our payments. I thought all was going good, I realized that when I called in my payments I still had to deal with the bankruptcy department. I didnt care as long as I got the payments turned in. March 2005, I came home after working 13 hours and began supper. My daughter came in the kitchen and said there was a man at the door wanting to talk with me. It was a repo man. I was in complete shock. After calming down, they told me that they was there to pick up the car for our chapter 7. The paper stated that we was to surrender the car due to filing chapter 7, it was part of the chapter 7. No its not. We resigned the agreement. The repo man would not allow us to have a copy. Niether would GMAC...Next day we went to see our Lawyer. He called them and the first excuse was it was to be surrendered for chapter 7, until the Lawyer faxed them a copy of the agreement. Then the excuse was I was 3 months behind until the Lawyer faxed them a certified copy of my bank history from Aug to March. It showed that I had made every payment. Then they stated that it was because prior to signing the agreement we had gotten 3 months behind and had 144.00 in late fees. I told the attorney that in Jan 2005, when I called in the payment that I asked for a total on the late fees and they said they was not obligated to tell me. I asked for a bill statement every month and a payment history and asked for our case to be moved back out of there bankruptcey department and again the lady said they was not obligated to do so for someone who has went through chapter 7. The lady also stated to me that for me to continue to make my payments and pay a little more each payment, as I was doing every month already and it would take care of the charges. She also stated that we was doing a good job with what we had been thru and that we were good customers. Ha.... Our Lawyer then advised GMAC that they had just violated there agreement. They could not do that. They agreed in Aug 2005 to allow us to reaffirm our agreement with them and continue to pay for the car. To repo the car for this reason was wrong and not just wrong illegal. Basically they took our car over 144.00 dollars for late fees prior to the discharge of the Chapter 7 in Aug 2005. A few days later as the bank, Lawyers and my husband and I raked over finacial statements to find a way to save our car, Our Bank called and advised me to pull the statements that was printed and certified. So I did. I had made a Payment on Jan 2, 2005 of 500.00 dollars and GMAC redeposited it back in my account 3 weeks later and they did the same again for Feb... By this point we had 3 Lawyers involved they could not believe there eyes. GMAC stated that they was going to send me every penny I had paid since AUG ( 4,189.00 dollars) on top of the two payments that they sent us back. Our Lawyers said no, give them their car back and let them pay the 144.00 dollars in late fees. GMAC refused and just said SORRY! oops we made a mistake. Needless to say I never seen the money they promised to send back.. Our Lawyers advised that it would be costly for us to file suit against them. If they dont bother us, just let it go. I wasnt happy about this but I understand. My husbands credit report shows that GMAC wrote it off. And it shows as a repo on his report. It is a major scare on his report. Prior to this all happening, before they came and got the car. We had put 1500.00 dollars worth of tires on the car. Had new brakes, alignment, and front end work done for about 600.00 dollars. We had just gotten it out of the shop 2 days before from where it had gotten damage by a dump truck that left the scene of an accident. That was a 500.00 dollar deductiable. The car had just been completely serviced, transmission, oil fluids etc. About 250.00 dollars. This all had been done with in a month of GMAC coming and getting our car. Does this sound like someone who is not paying for there car or could just care less. And on March 22, 2008, We recieved a letter from a Lawyer in Knoxville Tn. and after 2 years GMAC is filing suit against my husband for over 12,000.00 dollars. They sold our car for 10,000.00 dollars and it was worth at the time of sale of 23,000.00 dollars. They state we owe them 10,000.00 dollars and that they want over 2,000.00 dollars of interest for the last 2 years of it not being paid. I have 30 days to reply.. I am going to reply... By sending this e-mail and by my Lawyers. And for all of those who read this and you need proof. Well then Just do a search on the internet of GMAC law suits repos... Or just type in consumeraffairs.com And look at the 125 million dollar law suit against GMAC... A Judge awarded 30,000 borrowers to split 125 million dollars where GMAC was engaging in unlawful collection activities. This 18 page decision should be a wake up call for lenders and the borrowers. This class action law suit took place in CA. And if you do the law suit search, well there is alot more where that one came from. GMAC is proving to all what a low life company they are.


Penny