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can this bank do this?

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Anonymous
Not applicable

Re: can this bank do this?

I am resonable sure that you are, on most simple interestloans going to be paying primarily interest for the first couple of years on a six or seven year contract. The amount applied to principle increases each month.

That is the why it is smart to always try to pay more than the monthly payment, being sure that it will be applied to the principle.

This is one of the big reasons people get upside down on car loans. That and the normal depreciation on the car as it ages.
Message 11 of 26
Anonymous
Not applicable

Re: can this bank do this?

thats not what the bank did though. they applied 100% of the payments to the interest. they explained to me that there is 8,000 in interest on the loan. this is so confusing.

Message 12 of 26
StartingOver10
Moderator Emerita

Re: can this bank do this?

Based on your description, it does not sound like a regular simple interest loan. I know its hard for people to believe, but there are different types of loans that are not simple interest. I

 

It's not possible for us to help though without seeing what you signed. If you can, just type out the paragraph relating to how the payments are applied in your note. You can leave out personally identifying info for privacy.

 

Message 13 of 26
Anonymous
Not applicable

Re: can this bank do this?


@StartingOver10 wrote:

Based on your description, it does not sound like a regular simple interest loan. I know its hard for people to believe, but there are different types of loans that are not simple interest. I

 

It's not possible for us to help though without seeing what you signed. If you can, just type out the paragraph relating to how the payments are applied in your note. You can leave out personally identifying info for privacy.

 


This sounds like a precalculated interest loan, often called "Rule of 78"

 

http://en.wikipedia.org/wiki/Rule_of_78s

 

Under this type of loan, the interest over the lifetime of the loan is calculated up front and immediately becomes part of the balance due.  Then your payments are going towards this new balance.  Under these types of loans, paying off the loan early will not save you any money since all interest is front loaded.  These are not common from what I have read, especially with a bank like Huntingdon (not some loan shark lender).  Either way, you need to review your loan paperwork to see if this is the case.  It should say very clearly whether the loan is rule of 78 or simple interest.

Message 14 of 26
ScoreBooster
Frequent Contributor

Re: can this bank do this?

This might be a dumb question - but what happens (in theory) when the OP would refinance in the near future? IMO, the bank would have to refund a part of his paid interest. I mean, if they collect the entire interest upfront, the payoff must be lower than the current balance...

Message 15 of 26
Anonymous
Not applicable

Re: can this bank do this?


@ScoreBooster wrote:

This might be a dumb question - but what happens (in theory) when the OP would refinance in the near future? IMO, the bank would have to refund a part of his paid interest. I mean, if they collect the entire interest upfront, the payoff must be lower than the current balance...


Nope, they do not.  With a rule of 78 loan, it is in the loan agreement how this works.  Interest is capitalized immediately and becomes part of the principle immediately.  For the rest of the loan, you are simply making "interest free" payments towards this new principle.  A refinance is almost impossible on these types of loans because you will always be upside down.  They are a huge ripoff.  I would always avoid them at all costs.

 

Edit to add an example:

 

You buy a car for $10,000 at 10% APR.  I don't feel like doing the math.  Let's say over the live of a 5 year loan, you would pay a total of $15,000.  Right at the start of your loan, your balance becomes $15,000 now.  All payments you make go towards that $15,000.  That interest is non refundable.  It will be the same if you make minimum payments for the life of the loan or pay it off in a month.

Message 16 of 26
ScoreBooster
Frequent Contributor

Re: can this bank do this?


@Anonymous wrote:
So I purchased a car late 2010 for 19000. The loan is 451.78 for 60 months@ @ 8.2%. I've made 20 payments so far so roughly I've paid 9000 towards the loan. I called yesterday to see what the payoff is and was told 17095!

So you already paid interest for the entire 5 years although so far, you only "used" less than 2 years of the loan. So I don't quite understand why your payoff isn't lower than your current balance. That smells very fishy...

Message 17 of 26
Anonymous
Not applicable

Re: can this bank do this?


@ScoreBooster wrote:

@Anonymous wrote:
So I purchased a car late 2010 for 19000. The loan is 451.78 for 60 months@ @ 8.2%. I've made 20 payments so far so roughly I've paid 9000 towards the loan. I called yesterday to see what the payoff is and was told 17095!

So you already paid interest for the entire 5 years although so far, you only "used" less than 2 years of the loan. So I don't quite understand why your payoff isn't lower than your current balance. That smells very fishy...


The OP may not have this type of loan as he has not reported back yet.  But if it is a Rule of 78 loan, this is exactly how it works.  It is fishy for sure, but legal.  You have to sign an agreement and these terms would be in the agreement.  When I got my car loan, I knew it was going to be a huge APR as a sub prime lender.  I just made a point to make sure it was a simple interest loan, so I could avoid most of that huge APR with a refinance later or paying it down faster.

Message 18 of 26
ScoreBooster
Frequent Contributor

Re: can this bank do this?


@Anonymous wrote:

@ScoreBooster wrote:

This might be a dumb question - but what happens (in theory) when the OP would refinance in the near future? IMO, the bank would have to refund a part of his paid interest. I mean, if they collect the entire interest upfront, the payoff must be lower than the current balance...


Nope, they do not.  With a rule of 78 loan, it is in the loan agreement how this works.  Interest is capitalized immediately and becomes part of the principle immediately.  For the rest of the loan, you are simply making "interest free" payments towards this new principle.  A refinance is almost impossible on these types of loans because you will always be upside down.  They are a huge ripoff.  I would always avoid them at all costs.


WOW, that sucks! I think I'd cut my hand off before I'd go ahead and sign such a loan. Terms like that should be outlawed..Smiley Frustrated

Message 19 of 26
Anonymous
Not applicable

UPDATE LOAN AGREEMENT

ok im going over my car note which took me forever to find. this is such a mess. here we go

 

sale price of the car 19,000. then they added in something called gm smart care which is 790. then they added GAP for 460.00 then 15.00 for licensing and state and local taxes for 1385.00 plus another preperation fee of 155.00. total financed is 21,845.30 @ 8.6790% for 60 months making my payments 451.70

 

payment agreement: you agree to pay this loan according to the payment schedule shown in the federal disclosures above. however the final payment amount shown above is only an estimate. on the final payment due date you must pay us the outstanding balance of the principal amount and any accrued but unpaid interest and othe charges. the pyment schedule in the federal disclosures is based on the assumption that we recieve each payment on its due date. if you pay late incure other charges or if other amounts are added to you loan as permitted by this agreement such as taxes insurance or other charges with respect to the collateral. the final payment amount could be significantly more than the estimate shown in the payment schedule above.

all payments are due on the same date of the month as the first payment or on the last day of the month that does not have a corresponding date. you agree that we may apply all payments first to earned interest and then to the principal amount and or other charges and amounts owed as we determine. if we recieve any payment after our cut off time on a given day that payment will be considered recieved on the following business day

 

thanks for the help

Message 20 of 26
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