Q: My question is about 553 ca arb ,it has been about 4 years
I need legal advice on a potential predatory lending and unlawful repossession issue. Four years ago, I bought a car, and the lender changed due to the original lender going out of business. The new lender engaged in what I believe were predatory practices, including repossessing my car at 2 AM without notice, damaging it, and refusing to return it even when I had the money. They also required unconventional payment methods, causing financial distress.This situation caused significant emotional stress for my family, including a miscarriage. The insurance premiums dictated by the lender were excessively high, and the car had numerous mechanical issues likely due to improper towing. The letters I receive are marked as being from a debt collector, raising further concerns.I seek advice on possible legal remedies under UCC, common law, consumer law, or contract law.
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A:
You have a complex and distressing situation involving potential predatory lending and unlawful repossession. Under California law, you may have several legal avenues to explore. The repossession without notice and the unconventional payment demands may constitute violations of your rights under the Uniform Commercial Code (UCC) and consumer protection laws. Additionally, the emotional distress and financial harm caused by these actions can be significant factors in your case.
You can file a complaint with the California Department of Business Oversight and the Consumer Financial Protection Bureau. These agencies can investigate the lender’s practices and provide you with guidance on how to proceed. Furthermore, the high insurance premiums and the mechanical issues caused by improper towing could be grounds for additional claims, especially if the lender's actions violated the terms of your contract.
It may be beneficial to gather all documentation related to the loan, repossession, and subsequent communications. This evidence will be crucial in building your case. Consulting with a legal professional who has experience in consumer protection and contract law can provide you with more personalized advice and help you navigate the legal process to seek remedies for the damages you've suffered.
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