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GMAC Complaint - GMAC Smart Buy now in collections - Smart Buy issues

Smart Buy issues - Complaint
Review by RevClyburn on 2011-03-09
Hello

I have a big issue with GMAC. I HAD a truck from them in 2005 using their Smart Buy program. When it came time to either purchase the truck or turn it in, because of financial problem, I chose to turn it it. I was told I could do that, pay the disposal fee plus any overage on the mileage or damages to the truck and that would be that. I did that in 2009, now 2 years later, they want me to pay them 11k because I defaulted on the contract. Now come on, what crap is that. I went through this about a month after I turned in the truck, they hadn't received the paperwork from the dealership. After I explained that to GMAC's financial department, they said they got the papers and that was all that was needed, they would bill me for the rest. They then sold the truck at a auction, then informed me that I owed the $5500 for what they didn't recoup in selling the truck. I again explained to them that I did not owe them anything. That as it is stated in the SMART BUY LITERATURE, that I followed it's instruction and did what was written. I also checked with them that I could turn the truck in and do as stated above. Now they're, GMAC, is trying to sue me for it, 2 yrs after the fact.

WHAT THE HECK is up with that? Anybody ever had to deal with them on the same issue, please advise me here.
Comments:
Posted by getoverit on 2011-03-09:
I can't honestly say that I know anything about the "Smart Buy" program but I do know that that most, if not all, of GMAC is now Ally Financial. It got spun off from General Motors when the Federal Gov't. bailed out GM.

Possibly, their record-keeping got seriously hosed up in the transition.

I would think that formally disputing this with the collection agency might do some good. Furnish copies of the contract you signed and any other documentation and records you can. They shold relay the information back to GMAC/Ally and (hopefully!) set the record straight.

My understanding is that you have the right to dispute any claim that has been referred to a debt collector and they are supposed to take certain actions in response - DebtorBasher, where are you?
Posted by ChuhBaca on 2011-03-09:
Wow, that was huge publicity for car manufacturers! I don't remember which one started that (possibly Hyundai), but the others quickly jumped on that marketing tool.

The way I see it, you have 3 options;
1. You can dispute the charge with the collection agency. Ask for proof of the debt and provide copies of your documentation. Probably the least effective.
2. Take them to court, assuming you have all your documents in order.
3. Contact every news station in your area. Since they were really banking on the publicity of having a heart during tough economical times, hopefully one of the local news channels will take on your story. Then hopefully your story will not only air, but be posted on the station's website and you can link that story to every GM forum and consumer board you can find. This will only work though, if the news takes on the story.

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