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Posted in Auto Loans
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saffie0404

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Who actually has authority over my debt?!
Thanks in advance for any help!

I'll try to be concise. I have an auto loan that was charged off in 2012. Prior to that I made numerous attempts to settle/turn-in/refinance, and was told I couldn't.

They never got the car so it's been sitting in my driveway for years. I finally got an attorney involved and here's the deal:

Car company is saying no one can discuss it-this has been going on for MONTHS. Finally someone referred us to a Constar Financial. I told them I would settle for x amount and for a change in status to "Paid" (which is more than fair since I have standing to go after them for violations of the FDCPA-the OC not Constar). They claim they have not purchased the debt and are a non-referring agency. Refused to tell me who's been updating the account every month with the CB's then. The OC is still listed as the creditor on my reports.

I've been trying to give these people money for years-even before the charge off and this is ridiculous. Am I right in thinking that the OC still has authority over the debt and that I should keep trying to make a deal with them?

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Non-referring should be non-reporting. Sorry.

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If the OC sold the debt to a collection company, then the collection company would own the debt. But the collection company may just be designated to collect the debt and if that is the case then the OC would own the debt. The problem is, you have no way of knowing if no one will be helpful with this. If you have a lawyer involved they should be figuring this out for you, that is what you pay them for. There is obviously FDCPA violations here as you already said. If your attorney is unfamiliar with all of this I would hire a consumer lawyer that deals with cases like this. I highly recommend Kimmel & Silverman if they practice in your state.

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