Car repo'd-- "wrongfully?

[Radical Ice]

I have 2 loans... one signature loan, another is a car loan, both from 1st Community Credit Union. We moved in November, changed addresses, submitted the changes, have been getting bills and paying the car loan, but called and told them we would be about 10 days late on the signature loan, and woke up the other day, walked outside, and saw the car was gone. We thought about them immediately, called them, and they said they repo'd it since "no one called them"... We went around in circles, and finally found that they had been applying both the car payment AND the signature loan payment to the CAR LOAN only, so it showed the car loan current, but the signature loan was 1 month and 10 days behind. We have all cancelled checks, al seperate, with the statements, all showing current, and they still won't budge. They said they can use the car as collateral in this case and that "we should have contacted them about their error".... THEIR error.
Anyway, they're holding the car and contents hostage for $1100...
Regardless of the screw-ups involved, can they claim the car as collateral on an entirely different loan?
Bastards.
Going to see an atty Friday.

 

[heatherrae]

Yes, see your attorney and show her or him a copy of the loan. If there is no security agreement in the loan, they can't take collateral that is pledged against a different loan. If the other loan, the one in default, does happen to be cross-collateralized, you still have a really good case for getting the car back, if it was their error that the payments were misapplied.

This pisses me off to no end when banks just FUCK with people's lives and would rather screw you royally than to back up and fix their own obvious errors. I used to represent banks for years and years. Even as their attorney, it was like pulling teeth sometimes to get them to fix their errors.

 

[Radical Ice]

Will do.... thanks sooooooooo much for the boost O'confidence heatherrae!!!!!

 

[heatherrae]

Will do.... thanks sooooooooo much for the boost O'confidence heatherrae!!!!!

You're welcome, sweetie. Go get em!

 

[gotmilk]

Sue them.

My bank fugged me on $212 recently even though it was their mistrake. Someone stole account information on an account I had closed...and the bank somehow let the account remain open even though they were in receipt of certified letters showing the account had been comprimised.

The branch manager was fuggin rude to me. So, I sued them, and pulled a huge bank guarantee I had deposited as collateral on a project I am working on. I took my accounts to a branch around the corner and will make these fuggers puke in court.

Sue your bank...and have your attorney threaten to seek class action status...so you can see how many other people were screwed too.

A simple mistake can cost your bank millions if you can obtain class action status.

 

[jenscats5]

Just as HR said.....if the accts are connected then it's their error.......and they have to give you the car back.....

HOWEVER - the repo company cannot hold your personal possessions in the car.....

 

[heatherrae]

Just as HR said.....if the accts are connected then it's their error.......and they have to give you the car back.....

HOWEVER - the repo company cannot hold your personal possessions in the car.....

Yes, they have to arrange a time for you to come get your stuff. Unfortunately, you can't take out any stereo upgrades, tires, etc.

 

[jenscats5]

Yes, they have to arrange a time for you to come get your stuff. Unfortunately, you can't take out any stereo upgrades, tires, etc.

When I did collections I used to love getting the list of stuff in the car from the repo guy......some, erm, "interesting" stuff was found.....

 

[heatherrae]

When I did collections I used to love getting the list of stuff in the car from the repo guy......some, erm, "interesting" stuff was found.....

LOL...my dad once "cleaned" my car. This is his excuse for snooping. I had a garter belt from a strip club that had a girls night where they brought in male strippers. My girlfriends and I went, and one of them must have left that in my car. So, then my dad asked me for over a year whether I was a stripper or not...LOL.

 

[slat1]

LOL...my dad once "cleaned" my car. This is his excuse for snooping. I had a garter belt from a strip club that had a girls night where they brought in male strippers. My girlfriends and I went, and one of them must have left that in my car. So, then my dad asked me for over a year whether I was a stripper or not...LOL.

Post pictures of yourself here.
It will help us understand how he was feeling.

 

[theoak01]

Post pictures of yourself here.
It will help us understand how he was feeling.

agreed