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The reposession saga continues....LEGAL HELP NEEDED!

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Hudson_Hawk

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So we still haven''t gotten the car back from the repo company. While the Bank acknowledges they made an error WE still have to pay $600 to get the car from the repo company. Apparently the bank waived a $1500 repo charge which is for the storage fee but for some ludicrious reason we owe the balance.

Recap for those of you joining us late. Sovereign Bank repo''d our car erroneously (2 people with the same name financed with SB, one defaulted on their loan so they towed both cars). WHY in God''s name do we have to pay anything when this was totally an error on the Bank''s part? They acknowledge that they made an error for christ''s sake! We now have to fork out $600 to cover a mistake the bank made. I''m flabbergasted!
 

Independent Gal

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Nov 12, 2006
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Definitely get a lawyer. In addition to it being beyond ludicrous for you to pay that fee, you should sue them for the invconvenience. They can''t just take both peoples'' cars just because they have the same name without figuring out which one they are entitled to. That is theft. They stole your car!

I would start by calling them to let them know they''ll be hearing from your lawyer, that you didn''t intend to get all legal on them, but this is adding insult to injury. See if that gets them to just waive the fee if you don''t want to deal with a law suit right now. A lawyer can also draft an angry / threatening letter which sometimes helps and doesn''t cost too much.
 

FireGoddess

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Don''t pay a red cent. Definitely get some legal counsel - because not only should you pay NOTHING...they should be paying for you to have a rental car while yours is illegally locked up.
 

marvel

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Didn't you speak to the president of SB to get this resolved orginally? Have you tried calling his office yet?
 

kcoursolle

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Date: 6/5/2007 1:19:42 PM
Author: marvel
Didn''t you speak to the president of SB to get this resolved orginally? Have you tried calling his office yet?
Ditto, and don''t pay one penny. You shouldn''t have to pay anything for this mess since they took it by mistake in the first place and you have been making payments all along.
 

Regular Guy

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Date: 6/5/2007 1:19:42 PM
Author: marvel
Didn''t you speak to the president of SB to get this resolved orginally? Have you tried calling his office yet?
Ditto...
 

Hudson_Hawk

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Unfortunately, legally, the bank has done their part. They waived their repo fee of $1500. It''s the repo company that wants the money. They''re basically blackmailing us for our car. As we argue about it the charges incurr so in the end they''ll get more. My bf spoke with a lawyer today and basically all we can do is swallow the $600 or pay it up front and take the repo company and bank to small claims court. Ugh...Of course that means we''re going to lose a day of work on top of the cost to sue them. Is it really worth $600? We can cover the cost, it''s more the principle.
 

FireGoddess

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Date: 6/5/2007 8:04:25 PM
Author: Hudson_Hawk
Unfortunately, legally, the bank has done their part. They waived their repo fee of $1500. It''s the repo company that wants the money. They''re basically blackmailing us for our car. As we argue about it the charges incurr so in the end they''ll get more. My bf spoke with a lawyer today and basically all we can do is swallow the $600 or pay it up front and take the repo company and bank to small claims court. Ugh...Of course that means we''re going to lose a day of work on top of the cost to sue them. Is it really worth $600? We can cover the cost, it''s more the principle.
That really peeves me. I know life isn''t fair, blablabla but if someone comes and repo-s your car and it was a mistake, you should not be liable for ANYthing. If the BANK told the repo company to take the car, the BANK owes the repo company the $600 since they were in error. If I had to pay it, you better believe I''d be telling this story to every newspaper in the area to give the bank exactly the kind of press they deserve (assuming they are the ones who told the company to take your car).
 

TravelingGal

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HH, I''ve been following this saga and I have to say, this just really sucks.

The bank didn''t "waive" anything. They SCREWED up. I''d take them to court and sue them for the $600. It''s too bad that I don''t think you can sue for mental stress in small claims as well.

And I agree with the paper idea...call your local newstation. This one is a doozie. The bank will not want bad press.
 

Kaleigh

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Date: 6/5/2007 8:04:25 PM
Author: Hudson_Hawk
Unfortunately, legally, the bank has done their part. They waived their repo fee of $1500. It''s the repo company that wants the money. They''re basically blackmailing us for our car. As we argue about it the charges incurr so in the end they''ll get more. My bf spoke with a lawyer today and basically all we can do is swallow the $600 or pay it up front and take the repo company and bank to small claims court. Ugh...Of course that means we''re going to lose a day of work on top of the cost to sue them. Is it really worth $600? We can cover the cost, it''s more the principle.
But it was the bank that hired the repo company to repo the car, right?? It was the banks error, so the bank should pay the repo company, and release the car to you guys... Or am I wrong???
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chiefneil

Shiny_Rock
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Feb 7, 2007
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Pay the fee, get your car, then sue the bank (not the repo company) in small claims court for $600 plus $35/day for a rental car for every day you were without a car, plus a day''s pay for sitting court. Fax the bank president a copy of the paperwork before you file it with a note that you''ll be filing the claim within 48 hours unless you receive payment from them.
 

Hudson_Hawk

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Chef, that''s a great plan.

Thanks again everyone!!
 

diamondseeker2006

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That''s good...but I''d make a note that I was contacting the media as well. They deserve it.
 

Regular Guy

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Date: 6/5/2007 8:55:45 PM
Author: diamondseeker2006
That''s good...but I''d make a note that I was contacting the media as well. They deserve it.
I agree with some version of these latest subscriptions...get your car quick. Pay, and get as much pay as you can. Then, be prepared to file for actual losses on top of that...and maybe threaten to give them a REALLY public black eye unless they pay all of that, note you''ll share publicly the result...so it better be good.
 

Apsara

Shiny_Rock
Joined
May 31, 2006
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185
Most practical solution: Pay it and go to small claims. I have taken several cases to small claims court over the years, just like yours in terms of the fact that I was getting scr*wed--and I won! It''s a bit of work but it''s worth it. Good luck.

PS I believe (ask the lawyer) In your small claims suit you can ask for compensation/damages for the work time you missed to deal with ths mess. Figure out what you make an hour/day and add it in.
 

marvel

Brilliant_Rock
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Jul 8, 2005
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Pay the money, get your car, and take them to small claims. You definately want your car out of theire. You don't want it coming back with dents and dings from sitting in a tow yard.
 

MaryAlaina

Brilliant_Rock
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Sep 2, 2003
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I used to work in a Small Claims advisory office. If you go with all your paperwork, and ask for things that are reasonable, and are organized (and not emotional/obscene) in how you present things to the judge, you are likely to be successful.

I second the suggestion in letting the bank know your plans. If they hear about your plans to sue for the $600, car rental, missed work, they may just issue you a check very quickly.

If you need help, check your county, as at least in CA, all counties are required to offer a free Small Claims advisory service.
 

Cehrabehra

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Date: 6/5/2007 8:04:25 PM
Author: Hudson_Hawk
Unfortunately, legally, the bank has done their part. They waived their repo fee of $1500. It''s the repo company that wants the money. They''re basically blackmailing us for our car. As we argue about it the charges incurr so in the end they''ll get more. My bf spoke with a lawyer today and basically all we can do is swallow the $600 or pay it up front and take the repo company and bank to small claims court. Ugh...Of course that means we''re going to lose a day of work on top of the cost to sue them. Is it really worth $600? We can cover the cost, it''s more the principle.
I would sue, including lawyer fees and time lost and I"m sure they''ll settle anyway. Well, take this all with a couple grains as I am acting on pissed off demand what is *right* and not any sort of legal insight.
 

Skyblue

Rough_Rock
Joined
Mar 2, 2003
Messages
88
Hudson,

I am not sure what state you are in but this was definitely an ILLEGAL REPOSSESSION. First of all, I am flabbergasted that the bank is not jumping through hoops to remedy this situation. I used to work for a large automobile finance company affiliated with one of the big 3 auto companies. Customers sometimes needed to have their cars picked up when they were 3 pymnts past due. Occasionally errors were made, in particular when a payment was received over night or over the w/e and the repo company was not notified in time to stop the repo. At least the customer was actually past due at one time. For you to be a completely innocent customer and the bank to treat you this way is incredible.

The bank should be bending over backwards to remedy this situation so that you will not pursue the matter legally. All the bank rep has to do is call up the repo company and tell them to waive the fee and/or tell the repo company that they will pay it. The repo. co. receives all of their assignments from banks, finance companies, etc. If they do not cooperate in this matter, the bank will not give them any additional work. The bank has incredible leverage over this company. They also should make arrangements for your car to be returned directly to you on their dime. If I was the bank president, I would also offer some additional compensation. What the bank has done is NOT OK! I am not familar with this bank but either the bank president is completely stupid or the laws where you are at are completely different than California.

The bank has NOT done its job and if I was the customer service rep. or supervisor, I would be quaking in my shoes for this bit of shear stupidity and illegality.
 
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