Woodland Hills, CA asked in Consumer Law, Contracts, Business Law and Education Law for California

Q: "May I use this letter, or should I not? This is merely an example since I am limited to using only 1000 characters.

Dear [Auto Loan Company], I am writing to address several concerns regarding my auto loan. Firstly, I need an explanation for the fees associated with early or additional payments. Despite a $7,000 down payment, my principal has not decreased as expected. When I signed the contract, I was assured there were no penalties for paying more than the regular payment, but my payment history shows otherwise.Regarding GAP insurance, I was initially told by [company] that I did not have it and was advised to contact another [company]. Later, I received a document from [company] to redeem the GAP insurance, which I found confusing. Additionally, my credit report inaccurately shows [company] as the initial lender twice. Under Section 609 of the FCRA, I request all information regarding the accuracy of these entries. I also need an explanation for the sale of my contract without my notification or benefit, such as a reduction in APR.

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Based on California law, you can use this letter to address your concerns with your auto loan company. The letter raises several legitimate issues that you have the right to inquire about and request clarification on:

1. Fees associated with early or additional payments - California law requires lenders to clearly disclose all fees upfront. If you were told there would be no penalties but are seeing fees, you have a right to an explanation.

2. Lack of reduction in principal despite a significant down payment - You can request an accounting of how your payments have been applied to understand why the principal has not decreased as expected.

3. Conflicting information about GAP insurance coverage - You are entitled to a clear answer on whether you have this coverage or not.

4. Inaccurate credit reporting - Under the Fair Credit Reporting Act (FCRA) Section 609, you have the right to request information related to the accuracy of items on your credit report. The lender must investigate disputed items.

5. Selling of your contract without notification - California requires lenders to provide notice when servicing of a loan is transferred. You can request an explanation of the sale and how it impacts your loan terms.

I would recommend sending the letter via certified mail so you have proof of delivery. Give them 30 days to provide a satisfactory response. If you don't receive one, consider filing complaints with the California Department of Financial Protection and Innovation (DFPI) and the Consumer Financial Protection Bureau (CFPB). You may also want to consult with a consumer protection attorney if the issues are not resolved.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.