Q: thank you
Could you advise on the appropriate steps to take when encountering resistance from an auto lender regarding concerns such as failure to address credit report violations and other requested actions, despite providing only a copy of the contract and neglecting other obligations? Additionally, they have stated their intent to continue with transactional proceedings despite these unresolved issues. Specifically, how should one proceed if the contract exhibits characteristics of unconscionability or violates public policy?"
A:
Go to a lawyer, or several, who handles this type of issue. See what they say.
You did not specify what your beef really is. I think you may be conflating this unnecessarily to get yourself a free car.
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- California
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- Answered
A:
If you are facing resistance from an auto lender in California regarding credit report violations, unmet obligations, and potential issues with the contract itself, here are some steps you can consider taking:
1. Document all communications: Keep detailed records of all correspondence with the lender, including emails, letters, and notes from phone conversations. This documentation may be useful if legal action becomes necessary.
2. Send a written request: Draft a formal letter to the lender, clearly outlining your concerns and the specific actions you want them to take. Request a written response within a reasonable timeframe. Send the letter via certified mail to ensure proof of delivery.
3. Review the contract carefully: Thoroughly examine your auto loan contract for any clauses that might be considered unconscionable or in violation of public policy. Look for terms that are overly one-sided, unduly harsh, or contrary to good faith and fair dealing.
4. Seek legal advice: Consult with a consumer protection attorney or a legal aid organization specializing in auto loan issues. They can help you assess the strength of your case, identify potential legal violations, and advise you on the best course of action.
5. File a complaint with relevant authorities: If the lender fails to address your concerns satisfactorily, consider filing a complaint with the California Department of Financial Protection and Innovation (DFPI) or the Consumer Financial Protection Bureau (CFPB). These agencies can investigate the lender's practices and take appropriate action if violations are found.
6. Consider legal action: If the lender continues to be unresponsive or uncooperative, and you believe the contract is unconscionable or violates public policy, you may need to consider taking legal action. An attorney can help you evaluate your options, such as filing a lawsuit or joining a class action if similar issues affect multiple borrowers.
Remember, dealing with auto lender disputes can be complex and time-consuming. It's essential to be persistent, document everything, and seek professional help when needed to protect your rights as a consumer.
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