Being harrased by gmac?

Question

i am a month behind on my car payment. GMAC is harrasing me. they call & leave messages all the time. the last time i was late, they someone got the home number of a neighbor & called her. i called GMAC and told them i will not stand for them doing that again. well today they left a nasty message on my voice mail saying that if i do not call them they will call my neighbors & friends again. can they do this? i do not have a co signer. can i get them for harrasement? can i tell them i am consulting a lawyer? i need help on this. i live in pennsylvania. thank you

Answer 1

No it is unfair and unethical for GMAC to do that to you .

What I would do is guard that nasty voicemail message with your life and let them know that your lawyer will be having a listen to it. (even if you're just bluffing).

All things being equal, you are behind on your payment and they are using scare tactics to thrust you into paying up. Do pay what you owe ASAP,you'll only cause credit troubles for yourself, you will now have at least one 30-day late reported to your credit bureau which will lower your score.

In the meantime, pay up your late payment and send GMAC a cease and desist letter that they may only contact you in writing. In the letter let them know that the calls to your neighbours have also been reported to a law rep (again even if you're bluffing)

Answer 2

No, they cannot call your neighbors and friends.  And what good would it do anyway?  Really?...  Ignore the nasty messages - you know what the situation is.

If GMAC is hassling you this badly being only one month behind, it's likely this is not the first time.  Get the car payment up to date and keep it that way.

BTW - if you get an attorney involved, it will cost you even more money.  You're already behind on a payment.  It'll be cheaper to just catch up.

Answer 3

Peaches, here's the problem.

The Fair Debt Collections Act only covers collection agents, attorneys, and other 3rd party collectors.  It does NOT cover the original creditor (GMAC).

So unfortunately they can do pretty much whatever they want...as long as it doesn't get to the point of outright harassment.

This is one of the very few times I recommend you contact your local attorney generals office.  Go to http://www.attorneygeneral.gov/consumers... for info.

But I don't think there is a whole lot they can do about this.  For now, try to keep very accurate records of when they call, who they call, and what other actions they take.  If the event this goes into court, you can use this info to established damages.  

There are also a couple very good attorneys in Pennsylvania that specialize in debt collection harassment suits...do a quick Yahoo search and you will find several.  

Answer 4

don't tip yer hand, GO NOW & consult a lawyer

Answer 5

You need to write them a letter. Send it certified mail and keep a copy. Tell them they are in violation of the Fair Debt Collection Practices Act by discussing your debt with people other than yourself, being abusive, and making harassing phone calls. You can direct them (IN WRITING) not to contact you at work, not to discuss your debt with anyone but yourself, not to contact you more than every two weeks, etc. You do not have to take being bullied- know your rights!