I have a great relationship with them but, I have had a hard time here lately but, have not been late except for this month. When was that letter sent? I am self employed Shows on my DMV account online. Do you have proof in writing or otherwise that they would hold off on any repo? Disclosing the debt to a third party like your employer is a violation of the Fair Debt Collection Act. I became administrator of the estate on August 21, 2015. They have not repo'd my car, and it is locked in my garage, but my question to you is in this case, being so past due and owing so much, would paying the past due of a little over $4k like I intend to do Monday square away the problem? Is there anything I can do? In the future NEVER cosign for ANYONE under ANY circumstances. There is a good chance the finance company will sue you for the deficiency and a judgment could potentiality result in a lien on your home. Yes, I am on the title as well. Was this a high interest loan? 22, work 3 jobs and go to graduate school full time not to mention being stranded in Charlotte when I live in Asheville. Do your contract give you the right to repossession? My question is, was i legally obligated to have coverage for the time the car was not in my possession and not really sure if i was getting the car back? It would be hard to prove actual monetary damages if all they did was take a vehicle that otherwise had a lawful right to take. Or is it more ikely the truck driver. Since I have not been able to pay the payments I am making arrangements with them to come get the equipment. At some point they have to make the car ready to sell at auction. The seller shall and will make every reasonable effort to disclose any known defects associated with this vehicle at the buyer's request prior to the close of sale. 3 3. You will have to create an account to use the privately-run websites. Although some provisions may be invalid if they conflict with State law or public policy the contract often controls what a creditor can and can't do. Is default defined in the contract as being late at any time on payment or is there a “grace period”? We had only had the car for 3 months and we paid each month but they always had communication problems with the local branch of their bank when it came to our payments. She is going to try to beat me there & likely will since I work & she does not. To this date I never received any notice that the vehicle was going to auction to be sold, I don’t know how much they sold it for, I don’t know when and where the auction took place, anything. The repo company isn't taking any responsibility for it it and so far neither has the finance company. I blocked my car and asked him to talk to me, and he proceeded to keep backing into my leg, cutting me with the truck lift, and just yelled for me to move, it wasn't his fault if I got hurt. If I call the finance company do you think this will reappear on my credit? He took my contract and my receipts of payment from my glove box. The changed the locks and closed up my house, leaving my window broken and open. I thought the payment was due on the 21st of the month. I had an email from the finance company, one email, dated yesterday and was sent to my work email. Take A Sneak Peak At The Movies Coming Out This Week (8/12) Miley Cyrus kicks off first Big Concert for Small Business We assisted and paid the amount and were told they would release the car in 30 to 45 minutes and to call the tow yard to arrange pickup. I suspect there is no contract, as the two men were friends and had worked out a deal to buy the boat together. Choose cars you are interested in. If not you have a real problem and likely need to meet with a local attorney to sue him as you can't sell the car if his name is on the title. That being said they may not hold a commercially reasonable sale or just happen to sell it for right at the payoff minus excessive towing fees, late penalties, and finance charges. The lag time is 10-17 minutes, a whole new spin on "you can run but you cannot hide". I did get the contract and there is no into in the contract about late pymts and how long you have to catch pymts up. What can I do? If you feel your rights have been violated you may want to file a complaint with the NC Attorney General. My son recently had his car repossessed recently for late payments. Ask the police if they are required to be notified under local ordinance of all repo's in their jurisdiction. The company didn't process it until today and they are telling me I'm 59 days pay due of $607.51 1 1/2 payments. BANK REPO ⦠You should ask your insurance company for a copy of the letter they allegedly mailed to your house. Other personal property subject to possible repossession include: boat repossession, motorcycle repossession, air conditioner repossession, furnace and AC repossession, water filter repossession, window repossession, and even repossession of household goods such as TV’s, furniture, and jewelry. Jason, I would contact a lawyer. I am on a limited income/retired. They said they "believe" that they are only to give the car to the person whose signature matches the ppr turned in. Adding to this question's complexity. Is this all accurate and is there anything I can do? Take a look at your contract. The letter stated that they tried to reach me through mails and phone calls, but that I did not respond. My car was repossessed and I was only two weeks late. I obliged and left a check inside the car. Is that breach of contract since they've allowed late payments prior? Last time I spoke with someone at the NC Attorney General Office they told me their position is the tactic is unlawful, but there is no caselaw on point. You would need to check your contract to see if it contains an acceleration clause where they can demand the entire balance upon default (typical in many contracts). For more tips, including how to prepare for an auction, read on! If police will not go with you then go yourself with a running tape or video recorder. I'm retire from the Navy in June, and I have not received my disability payment yet! Just curious about my rights as it applies to getting my stuff back. 3. If you are not behind you could potentially sue them. For example, can you only be two months past due and the creditor have the car repossessed? You may want to think about filing a small claim action, but may decide that is not worth the time and $100 filing fee. One possible remedy is to file a lawsuit against the finance company and/or repossession company. Long story to explain how that happened, but anyway, I contacted them today to pay the amount that is due and was told my account was in "Late-stage" whatever that means and that they could not take my payment and to call a special department that is not open until Monday. Tonight I stopped at my old neighbors house with whom I briefly stayed with but using their address as my mailing address, when I left I was driving up the road & saw a repo truck, I turned around to see if they were headed to the address they have on file and sure enough - they drove by (YIKES, My car is out for repo). If the Repo man knocks on your front door you have no legal duty to open your garage for him to gain access. You could also consult with a local attorney or file a complaint with the NC Attorney General. Is there anything I can do? They never deposited the check til 10 days after they received it. If a lawsuit is filed you should raise any issues with the sale as a possible defense, but you need to understand that cars sold at auction rarely bring fair market value. I was scheduled for court on the 27th with the finance company and the judge dismissed the case because they didn't show up. Does this statute also apply to manufactured homes? For more tips, including how to prepare for an auction, read on! Something just isn't right about the situation and this company has done this to so many people! Cheap paper writing service provides high-quality essays for affordable prices. Thank you for all of your help Jason Witt. The likely answer is no since the creditor wrote the contract and they tend to impose all the duties on the borrower, and few to none on the creditor. I was always told you had to be 90 days with no payment before they could come and get it. Notice the payment did the dealership ' lot about two years ago letter they. 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