QUESTION

Do I have any recourse on my loan if my loan contract lists a bank that I never made payments too?

Asked on Mar 04th, 2018 on Contracts - New York
More details to this question:
Back in 2011 I purchased a used vehicle from a local dealer. At that time I had applied for financing and was approved. I began making payments to Capital One Auto Finance. Over the course of the loan. I feel I was charged inappropriate fees and was subjected to a couple late payment marks on my credit report. I do not believe that I made payments late and have attempted to dispute on several occasions. However, I am met with difficulty with verification. During a dispute i asked that Capital One send me a copy of my loan contract. While reviewing this I noticed that my contract was actually assigned to Ford Motor Credit and not Capital One Auto Finance. To confirm this I dug through old documents and found my original signed contract and sure enough Ford Motor Credit. My assumption is that because Capital One doesn’t have a contract listing them as the creditor then they can’t report those late payments and further nor were they authorized to charge any fees or interest on loan.
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1 ANSWER

Estate Planning Attorney serving New York, NY
1 Award
Perhaps Ford assigned the loan to Capital One.  Call Ford and ask.  Your theory is wrong if there was an assignment, which I assume happened since Ford has not billed you since 2011.
Answered on Mar 05th, 2018 at 3:51 PM

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