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Auto Loans and Repossession Creditor actions following late payment or default on motor vehicle loans.

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Old 07-20-2007, 02:33 PM
Elessar222 Elessar222 is offline
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Default Loan Principal Billing Error, But Lender Disagrees
I need help. My fiance has a high interest car loan in which we are trying to sell to pay off and get something cheaper and better on gas.

She has been making regular payments (never late) along with several extra payments when she could since November of 2004. The total amount financed was $20,156.00 at 13.89%. This is a simple-interest loan with no pre-payment penalty. When we called to get the principal balance the lender says it's over $15,000. We drew up an amortization chart and the principal should be just over $9,000. They disagree but when we ask for paperwork and evidence for where they are getting their numbers they say they will mail it or fax it but it never shows up. Meanwhile interest accumulates and I don't know what the proper avenues would be to get this handled. Speaking to a manager in this well-known lender's customer service department is worthless.

From my research the Fair Credit Billing Act does not apply to installment loans. Is that correct?

Please help! Any advice for how to handle this situation will be most appreciated. Thanks so much.
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Old 07-22-2007, 08:01 PM
aaron aaron is offline
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Default Re: Loan Principal Billing Error, But Lender Disagrees
Consumer laws are different in each state, which is why you were instructed to identify your state when you posted. See if your state attorney general's office has investiged (or is investigating) this lender's practices. You can check their complaint procedure as, if nothing else, a complaint may inspire the lender to send you the accounting.
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Old 07-23-2007, 10:12 AM
Elessar222 Elessar222 is offline
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Default Re: Loan Principal Billing Error, But Lender Disagrees
Sorry about that. I guess I was in a hurry when I was posting.

I'm in North Carolina, the lender is based in Phoenix, AZ. Thanks for the reply.
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