GMAC wont take car payment now

[brokeNconfused]

anyone have this problem? I purchased a vehicle prior to filing 13. They were sent the notice and put in a claim. I have not missed a payment, in fact it is auto deducted by GMAC from my account. so i get a notice of "other" and called them last month. They said they were notified of the 13 and nothing would affect my contract with them. It has been a week now and they have not taken another payment.

I called them, but the bankruptsy department was out until monday. My attorney has not returned my call. I dont want to lose this car and i dont want to get behind in the payments.. any suggestions or ideas?

[AngelinaCatHub]

Yes, pay them anyway. I would pay by money order and copy everyone of them. This is called a ride through. As long as they are being paid, they will not take you car. You cannot be late or delinquent on this. Funny things happen when the notice comes out. Not at all your fault but they have legal stuff they must do. Just make sure you keep your receipts. They are not in the car business and they don’t want your car. ‘Hub

[13bound]

Agree With Hubby...........

you will have to send your payment to another address. they should have advised you on this with one of those crazy letters that you get. i got one on a co-sign for my daughters car. this was GMAC also. just my deal.

[brokeNconfused]

only notice i got was one that said i was late with payments or "other" i was not late so i called them. They let me know they were aware of the bankruptsy and the contract would be the same.

So are they trying to take my car and force me into a default? I got no letter about making payments, or where to send them to because they were taking them from my bank direct. Thought it was odd they money was still there.

will they work this out if i dont make the payments? Are they going to put a negative mark against me? i guess i am just freaking out since i cant even mail off a payment until next week since i have nobody to speak to.

[Flamingo]

only notice i got was one that said i was late with payments or "other" i was not late so i called them. They let me know they were aware of the bankruptsy and the contract would be the same.

So are they trying to take my car and force me into a default? I got no letter about making payments, or where to send them to because they were taking them from my bank direct. Thought it was odd they money was still there.

will they work this out if i dont make the payments? Are they going to put a negative mark against me? i guess i am just freaking out since i cant even mail off a payment until next week since i have nobody to speak to.

Since they are included in your BK what they did was move your account to their bankruptcy section. So they stopped taking money out of your account and they should have notified you of that or your bank should have notified you of them stopping the payments and you should have been instructed by GMAC where to send your payments. Give them a call on Monday and find out what you have to do. Just be brief with them and advise them what occurred and that you have received no notice from them or your bank that those payments were going to be stopped and you received no notification from them where to continue sending your payments. It's just a blip on the radar screen - no biggie.

[brokeNconfused]

thats ust it though.. they are not included. The car and house are outside of plan. unless something happend i dont know about. I was asked if the payments were current in the 341 on thursday. Nothing has been said about being moved into my plan.

[13bound]

thats ust it though.. they are not included. The car and house are outside of plan. unless something happend i dont know about. I was asked if the payments were current in the 341 on thursday. Nothing has been said about being moved into my plan.

i just pulled out the letter i got from GMAC. it doesn't really tell you anything. it just has in bold letters "NOTICE OF REPORT OF NEGATIVE CREDIT INFORMATION". it has this phone # 800-200-4622. i didn't have a clue what the letter was until i called the #. this car is owned by my daughter. all i did was co-sign. she now has to send her payments to a special address and she won't get anymore billing statements. this car wasn't included in my bk, but they jumped on the bandwagon to get payments and in fact were the first creditor to file a claim. i have a student loan (another daughter) that i co-signed for as well that jumped in to get payments also.

[Flamingo]

thats ust it though.. they are not included. The car and house are outside of plan. unless something happend i dont know about. I was asked if the payments were current in the 341 on thursday. Nothing has been said about being moved into my plan.

Yes they are included in your Plan - they are just being paid outside of the Plan - they were notified of your filing and that is why this is occurring. If you look on your creditor matrix, they will be listed but be listed as being paid outside the Plan. We had the same thing occur with our first mortgage - we were informed that we had to send our payment to a new address - and they were paid outside the Plan.

[brokeNconfused]

so.. do you think they will understand why my payment is late now? ill call on monday, but i dont want anymore negative information reported.

[Flamingo]

so.. do you think they will understand why my payment is late now? ill call on monday, but i dont want anymore negative information reported.

They should, especially if you have a history of never being late with your payments - this should be quite obvious to them; however, if they want to be "sticky," they can be smart and advise you that you are responsible for paying on time and should check that all your payments are sent, received and/or deducted from your checking account, and that it was you who arranged with your bank to allow them to have payments deducted. They just stopped taking them out of there. Just to give you both sides of what could happen here...be prepared.

[AngelinaCat]

Our CU autodrafts our car payment--the loan is through them. Even though we had signed reaffirmation papers with them that were duly processed through their courts--our CU is in a different state--they also stopped autodrafting our payment. It took a phone call to their Credit Department to get the autodrafts started again. I guess they were respecting the Automatic Stay.

[brokeNconfused]

Would be nice to have been notified by them or my attorney this would happen. The payment was due on August 31. ive been waiting for it all week then knew something was wrong after the 341 on Thursday. Ill give them a call and see whats up i guess. Hope they are not trying to force me to give the car back.

[Keebler]

Would be nice to have been notified by them or my attorney this would happen. The payment was due on August 31. ive been waiting for it all week then knew something was wrong after the 341 on Thursday. Ill give them a call and see whats up i guess. Hope they are not trying to force me to give the car back.

This sounds like the standard proceedure that most people experience with loan payments after filing. Because of the automatic stay, GMAC won't withdraw a payment from your account even though you gave them permission.

You can use your bank's Bill Pay if you've got it and "push" a payment over to GMAC and it usually goes through. The result is the same but the difference is who initiated the transaction. When GMAC debits the payment from your account they risk getting in trouble. If your bank credits the payment to GMAC then they can't get in trouble.

If you have the Internet Bill Pay service at your bank you might even be able to initiate a payment today and have it go through in the morning. The other option is mailing a payment buy it's obviously going to be slower.